“An Autopsy for a Large Life Insurance Claim ”
A Moral Dilemma for the Shabbos Table
By Rabbi Yitzi Weiner
This week’s Torah portion deals with the death and burial of Miriam. The Torah (Bamidbar 20:1) teaches that “Miriam died there and was buried there”. The Gemara (Avodah Zarah 29b) says that the word “sham”, there, teaches us that a dead body cannot be used for any use, just like the Eglah Arufah and other Korbanos, sacrificial offerings. The implication is that our body doesn’t really belong to us. It is like a sophisticated vehicle given to us to use by Hashem while we are alive. After we die and leave this world, the body reverts back to being property of Hashem, just like Korbanos and other Kodshim (holy property).
There is a related mitzva called Nivul Ha’mes. This means that a body should be buried respectfully, and not desecrated by burning it (cremation) or being cut open. This means that generally speaking, with a few exceptions, autopsies are not permitted because they are nivul hames, a disrespectful desecration of a deceased body. (See Talmud Bavli Chullin 11b)
The following is a true moral dilemma that tests the limits of this mitzva.
David was a father in his mid forties. He had a relatively large family of a wife and six children. David was the family’s primarily breadwinner. He had a life insurance policy of 10 million dollars. Sadly, at the age of 45 he passed away of a heart attack. His family was left devastated. After the mourning process, Miriam, David’s wife submitted the life insurance claim for the 10 million dollars. Because of David’s relative young age, the life insurance claim examiner required an autopsy report in order to pay the claim. Miraim knew that autopsies were not permitted according to Jewish law. She wondered however if she would be allowed to perform the autopsy in order to receive their $10 million in insurance money.
On one hand we can argue that she should not do an autopsy simply to make a lot of money. But on the other hand, because David was the primary breadwinner, the insurance money was very important for the family to continue to function. According to Jewish law, would it be permitted to perform an autopsy in order to receive the life insurance money?
See Chashukei Chemed Yoma page 262
Answer to last week’s moral dilemma
This story is discussed in Chashukei Chemed Baba Basra page 170
Rabbi Yitzchak Zilberstein answered that they do not have a right to cause their neighbors to fear for their health, and they should not install the antenna in the residential area. This is true regardless of the objective medical question over whether there really is a danger of cell towers.
Have a very beautiful shabbos!
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