Saturday, August 06, 2005
EMAIL FROM LEE PENN
In the light of the dilemmas described in this story, the wisdom and humanity of the Catholic stance - strictly against cloning, stem cell harvesting, surrogate parenthood, and in-votro fertilization - is obvious.
Haaretz - Israel News - Article
http://www.haaretz.com/hasen/pages/ShArt.jhtml?itemNo=608432&contrassID=19
Lee
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Does a clone have a soul?
By Shahar Ilan
"In my opinion," says Rabbi Moshe Botschko, head of the Heichal Eliyahu hesder yeshiva, "a creature born through genetic duplication is not considered human - It is clear beyond all doubt that the life form created in some scientific institution will be an animal that walks on two feet, no more." According to Botschko, a highly respected rabbi in the French-speaking community, the reason for this is that the Creator only gives man a soul at the moment when sperm meets ovum. But the cloning process involves no sperm. The implications of Botschko's conclusion are far-reaching: "Anyone who kills a creature of this type will not be indicted, because he has not killed a man," he says.
A new book, which the national-religious community of Ma'aleh Adumim's Mitzpe Nevo neighborhood published in the memory of three of its members, contains many of the religious decrees and articles published in recent years about cloning and Jewish law. Botschko's article first appeared in the National Religious Party house paper Hatzofeh. The book also includes letters exchanged between Botschko and Professor Mishel Ravel, the head of the National Academy of Sciences' biotechnical committee. Ravel, once Botschko's student in the Eitz Haim yeshiva in Switzerland, wrote him that human genetic cloning is a form of artificial fertilization: "The halakha does not consider in-vitro fertilization to be a practice that deprives the newborn of his soul. According to halakha and kabbala, the stages of the soul [in its spiritual ascent] continue gradually throughout life. Would a change in the technique of fertilization, using the nucleus of a mature cell rather than a sperm cell, prevent the fetus from achieving and attaining a soul?" Ravel asked.
Botschko was not persuaded but also admits, "The rabbis who rule on this tend to be permissive regarding cloning." The truth is that if there were a way for rabbis to forbid cloning based on halakha, in the way ultra-Orthodox rabbis forbade the Internet and third-generation mobile phones, the lives of these religious rulers would become much simpler. However, rabbis agree that there is no halakhic decree that could be used to prohibit cloning. Rabbinic articles pertaining to cloning frequently cite the rule that, in the case of any practice, "If there is no known reason to prohibit it, it is permissible."
What is magic?
Catholics have a much simpler take on this matter. The Catholic Church decreed that any attempt to reproduce without sexuality is immoral. But the Church also denounces in-vitro fertilization, which Judaism considers to be a superb alternative for infertile couples determined to fulfill the biblical commandment to "be fertile and multiply." It is not that rabbis are not party to fears that cloning may be used in eugenic attempts to improve the human race and create a superior class or an army of identical soldiers. Nor are they blind to the potential threats of a fetal black market or reproduction without family and love. They are well aware of such scenarios, but must fight the battle against cloning with both hands tied behind their backs.
Judaism does not see scientific development as insurrection and cloning as competition with the Creator - Judaism's perception of scientific development is quite positive. Rabbi Elisha Aviner, one of the leaders of the Birkat Moshe yeshiva in Ma'aleh Adumim and an editor of the book the community published, explains, "We believe that major breakthroughs in scientific development are a direct result of divine intervention. Every scientific discovery appears in the world at the correct moment when humanity is capable of coping with it."
Rabbi and Professor Avraham Steinberg, head of the Schlesinger Institute for Medical-Halakhic Research, explains, "According to Judaism, we are permitted and obligated to upgrade the world in any way or direction for the good of mankind." If man successfully clones a human, adds Rabbi Yigal Shilat, also of the Birkat Moshe yeshiva, it will not defy the laws of nature - it will be possible because God created nature to make it possible.
Another question that has been raised is whether cloning represents a form of magic, which is forbidden by halakha. Steinberg says, "Cloning is a process that is understood and can be explained by science." He quotes Rabbi Menachem Hameiri, who wrote, "Anything done by a natural method is not considered magic."
Continue reading the article...
