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The Good Death in Judaism

I. Bibical scenes of death and dying

(ה) וַיִּתֵּ֧ן אַבְרָהָ֛ם אֶת־כָּל־אֲשֶׁר־ל֖וֹ לְיִצְחָֽק׃ (ו) וְלִבְנֵ֤י הַפִּֽילַגְשִׁים֙ אֲשֶׁ֣ר לְאַבְרָהָ֔ם נָתַ֥ן אַבְרָהָ֖ם מַתָּנֹ֑ת וַֽיְשַׁלְּחֵ֞ם מֵעַ֨ל יִצְחָ֤ק בְּנוֹ֙ בְּעוֹדֶ֣נּוּ חַ֔י קֵ֖דְמָה אֶל־אֶ֥רֶץ קֶֽדֶם׃ (ז) וְאֵ֗לֶּה יְמֵ֛י שְׁנֵֽי־חַיֵּ֥י אַבְרָהָ֖ם אֲשֶׁר־חָ֑י מְאַ֥ת שָׁנָ֛ה וְשִׁבְעִ֥ים שָׁנָ֖ה וְחָמֵ֥שׁ שָׁנִֽים׃ (ח) וַיִּגְוַ֨ע וַיָּ֧מָת אַבְרָהָ֛ם בְּשֵׂיבָ֥ה טוֹבָ֖ה זָקֵ֣ן וְשָׂבֵ֑עַ וַיֵּאָ֖סֶף אֶל־עַמָּֽיו׃ (ט) וַיִּקְבְּר֨וּ אֹת֜וֹ יִצְחָ֤ק וְיִשְׁמָעֵאל֙ בָּנָ֔יו אֶל־מְעָרַ֖ת הַמַּכְפֵּלָ֑ה אֶל־שְׂדֵ֞ה עֶפְרֹ֤ן בֶּן־צֹ֙חַר֙ הַֽחִתִּ֔י אֲשֶׁ֖ר עַל־פְּנֵ֥י מַמְרֵֽא׃ (י) הַשָּׂדֶ֛ה אֲשֶׁר־קָנָ֥ה אַבְרָהָ֖ם מֵאֵ֣ת בְּנֵי־חֵ֑ת שָׁ֛מָּה קֻבַּ֥ר אַבְרָהָ֖ם וְשָׂרָ֥ה אִשְׁתּֽוֹ׃
(5) And Abraham gave all that he had unto Isaac. (6) But unto the sons of the concubines, that Abraham had, Abraham gave gifts; and he sent them away from Isaac his son, while he yet lived, eastward, unto the east country. (7) And these are the days of the years of Abraham’s life which he lived, a hundred threescore and fifteen years. (8) And Abraham expired, and died in a good old age, an old man, and full of years; and was gathered to his people. (9) And Isaac and Ishmael his sons buried him in the cave of Machpelah, in the field of Ephron the son of Zohar the Hittite, which is before Mamre; (10) the field which Abraham purchased of the children of Heth; there was Abraham buried, and Sarah his wife.
(כט) וַיִּקְרְב֣וּ יְמֵֽי־יִשְׂרָאֵ֘ל לָמוּת֒ וַיִּקְרָ֣א ׀ לִבְנ֣וֹ לְיוֹסֵ֗ף וַיֹּ֤אמֶר לוֹ֙ אִם־נָ֨א מָצָ֤אתִי חֵן֙ בְּעֵינֶ֔יךָ שִֽׂים־נָ֥א יָדְךָ֖ תַּ֣חַת יְרֵכִ֑י וְעָשִׂ֤יתָ עִמָּדִי֙ חֶ֣סֶד וֶאֱמֶ֔ת אַל־נָ֥א תִקְבְּרֵ֖נִי בְּמִצְרָֽיִם׃ (ל) וְשָֽׁכַבְתִּי֙ עִם־אֲבֹתַ֔י וּנְשָׂאתַ֙נִי֙ מִמִּצְרַ֔יִם וּקְבַרְתַּ֖נִי בִּקְבֻרָתָ֑ם וַיֹּאמַ֕ר אָנֹכִ֖י אֶֽעֱשֶׂ֥ה כִדְבָרֶֽךָ׃ (לא) וַיֹּ֗אמֶר הִשָּֽׁבְעָה֙ לִ֔י וַיִּשָּׁבַ֖ע ל֑וֹ וַיִּשְׁתַּ֥חוּ יִשְׂרָאֵ֖ל עַל־רֹ֥אשׁ הַמִּטָּֽה׃ (פ)
(29) And the time drew near that Israel must die; and he called his son Joseph, and said unto him: ‘If now I have found favour in thy sight, put, I pray thee, thy hand under my thigh, and deal kindly and truly with me; bury me not, I pray thee, in Egypt. (30) But when I sleep with my fathers, thou shalt carry me out of Egypt, and bury me in their burying-place.’ And he said: ‘I will do as thou hast said.’ (31) And he said: ‘Swear unto me.’ And he swore unto him. And Israel bowed down upon the bed’s head.
(א) וַיִּהְיוּ֙ חַיֵּ֣י שָׂרָ֔ה מֵאָ֥ה שָׁנָ֛ה וְעֶשְׂרִ֥ים שָׁנָ֖ה וְשֶׁ֣בַע שָׁנִ֑ים שְׁנֵ֖י חַיֵּ֥י שָׂרָֽה׃ (ב) וַתָּ֣מָת שָׂרָ֗ה בְּקִרְיַ֥ת אַרְבַּ֛ע הִ֥וא חֶבְר֖וֹן בְּאֶ֣רֶץ כְּנָ֑עַן וַיָּבֹא֙ אַבְרָהָ֔ם לִסְפֹּ֥ד לְשָׂרָ֖ה וְלִבְכֹּתָֽהּ׃ (ג) וַיָּ֙קָם֙ אַבְרָהָ֔ם מֵעַ֖ל פְּנֵ֣י מֵת֑וֹ וַיְדַבֵּ֥ר אֶל־בְּנֵי־חֵ֖ת לֵאמֹֽר׃ (ד) גֵּר־וְתוֹשָׁ֥ב אָנֹכִ֖י עִמָּכֶ֑ם תְּנ֨וּ לִ֤י אֲחֻזַּת־קֶ֙בֶר֙ עִמָּכֶ֔ם וְאֶקְבְּרָ֥ה מֵתִ֖י מִלְּפָנָֽי׃ (ה) וַיַּעֲנ֧וּ בְנֵי־חֵ֛ת אֶת־אַבְרָהָ֖ם לֵאמֹ֥ר לֽוֹ׃ (ו) שְׁמָעֵ֣נוּ ׀ אֲדֹנִ֗י נְשִׂ֨יא אֱלֹהִ֤ים אַתָּה֙ בְּתוֹכֵ֔נוּ בְּמִבְחַ֣ר קְבָרֵ֔ינוּ קְבֹ֖ר אֶת־מֵתֶ֑ךָ אִ֣ישׁ מִמֶּ֔נּוּ אֶת־קִבְר֛וֹ לֹֽא־יִכְלֶ֥ה מִמְּךָ֖ מִקְּבֹ֥ר מֵתֶֽךָ׃
(1) And the life of Sarah was a hundred and seven and twenty years; these were the years of the life of Sarah. (2) And Sarah died in Kiriatharba—the same is Hebron—in the land of Canaan; and Abraham came to mourn for Sarah, and to weep for her. (3) And Abraham rose up from before his dead, and spoke unto the children of Heth, saying: (4) ’I am a stranger and a sojourner with you: give me a possession of a burying-place with you, that I may bury my dead out of my sight.’ (5) And the children of Heth answered Abraham, saying unto him: (6) ’Hear us, my lord: thou art a mighty prince among us; in the choice of our sepulchres bury thy dead; none of us shall withhold from thee his sepulchre, but that thou mayest bury thy dead.’
(כט) וַיִּגְוַ֨ע יִצְחָ֤ק וַיָּ֙מָת֙ וַיֵּאָ֣סֶף אֶל־עַמָּ֔יו זָקֵ֖ן וּשְׂבַ֣ע יָמִ֑ים וַיִּקְבְּר֣וּ אֹת֔וֹ עֵשָׂ֥ו וְיַעֲקֹ֖ב בָּנָֽיו׃ (פ)
(29) And Isaac expired, and died, and was gathered unto his people, old and full of days; and Esau and Jacob his sons buried him.
II. Exploring categories: The treifah and the goses
Treifah: A treifah is likewise defined by the presence of an illness or pathology that “the physicians say . . . does not have any remedy for humans, and it will surely cause his death” (Maimonides, Mishnah Torah, Laws Concerning Murder . . . 2:8).
Goses: A goses differs from a treifah in that a goses is not considered to have a specific illness or pathology, but is considered “an individual whose time has come.” Feinstein, M: Iggeros Moshe, Choshen Mishpat II: 73.
One may not put salt on a goses’s tongue in order to keep them alive a little longer” (Rabbi Moses Isserles, Shulchan Aruch Yoreh Deah 339:1).
Even if a goses is suffering from terrible pain and asks someone to kill him, the patient may not be touched (although his pain must be appropriately treated, as will be discussed below). Additionally, a patient who is dying and asks to be moved to another place so he can die there, may not be moved (Sefer Hasidim 723).
B. Avodah Zarah 18a:
It was taught, that not many days passed until Rabbi Yosi ben Kisma died. All of the great Romans came to bury Rabbi Yosi and eulogize him. When the Romans were returning from the grave, they found Rabbi Chanina ben Teradion sitting, teaching Torah in public assemblies with a Torah Scroll in his bosom. The Romans folded the Torah scroll around Rabbi Chanina, wrapped him in ropes, lit a fire, and brought wet wool sponges, placing them on Rabbi Chanina's body so the Rabbi would not die swiftly. Rabbi Chanina's daughter said, 'Father, how can I see you thus?' Rabbi Chanina said to his daughter, 'If I alone was burned, it would have been hard for me. Now that I am burning with a Torah scroll, I know the One who will respond to the disgrace of a Torah scroll will also see after my disgrace. Rabbi Chanina's students asked, 'Rabbi, what do you see?' Rabbi Chanina replied, 'I see paper burning and [the Torah's] letters flying.' His students said, 'You should open your mouth and let the fire enter [thus ending your suffering]!' Rabbi Chanina replied, 'I would prefer the One who gave me my soul should take it rather than my harming myself.' The executioner said, 'Rabbi, if I take the sponges away and fan the flames, will you bring me to heaven?' Rabbi Chanina said, 'Yes.' The executioner said, 'Swear it.' Rabbi Chanina swore. The executioner immediately increased the flames and took the sponges away. Rabbi Chanina died quickly, and the executioner jumped, falling into the flames. A heavenly voice proclaimed 'Rabbi Chanina ben Teradion and the executioner are accepted into Heaven!' Rabbi Meir cried [when he heard the story] and said, 'There are those who acquire their share in Heaven in one moment, and other who acquire it over many years.'
B. Ketubot, 104a
On the day when Rabbi [R. Judah haNasi (135-220 C.E.)] died the Rabbis decreed a public fast and [before that] they offered prayers for heavenly mercy [that he would not die]. Rabbi's handmaid ascended the roof and prayed: 'The immortals [the angels] desire Rabbi [to join them] and the mortals [humans] desire Rabbi [to remain with them]; may it be the will [of God] that the mortals may overpower the immortals'. When, however, she saw how often he resorted to the privy [He was suffering from acute and painful diarrhea] painfully taking off his tefillin [These must not be worn when the body is not in a state of perfect cleanliness] and putting them on again, she prayed: 'May it be the will [of God] that the immortals may overpower the mortals'. As the Rabbis incessantly continued their prayers for [heavenly] mercy she took up a jar and threw it down from the roof to the ground. [For a moment] they ceased praying and the soul of Rabbi departed.
If a goses is being kept alive by the noise made a woodchopper chopping wood, one is permitted to ask the woodchopper to stop and allow the patient to die (Rabbi Moses Isserles, Shulchan Aruch Yoreh Deah 339:1).
III. Approaching the modern, medicalized death
A. Touching does not refer to basic care needs such as cleansing and providing liquids by mouth to overcome dryness. . . . Routine hospital procedures, such as drawing blood or even taking temperature, have no place in the final hours of a patient’s life. (Feinstein, M: Iggeros Moshe, Choshen Mishpat II: 73.)
B. "End-of Life Issues: 7 Do's and Don'ts You Must Know"
Do not choose palliative care and/or hospice services unless the provider respects Halacha and considers the Rabbi and integral part of the team. If you choose palliative care and/or hospice services according to Halacha, then nutrition, hydration and other Halachic requirements should be provided. It is important to choose a palliative care/hospice that is sensitive to the needs of the religious patient, encourages the patient/family to consult with their Rav or Halachic authority, considers the Rav an integral member of the team, will consult with your designated physician regarding the dosages for morphine or other pain killers, and where there is ongoing supervision to assure continued adherence to Halacha.
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(From ChayimAruchim.com, The Center for Culturally Sensitive Health Advocacy and Counseling established by Agudath Israel of America to help our community make health care decisions according to halacha. With a team of halachic authorities, legal experts, medical, patient and pastoral care professionals and high-level government policy advocates, Chayim Aruchim endeavors to serve as a vital resource in championing, promoting and ensuring the implementation of preferences of Torah observant patients' care decisions in compliance with halacha.)