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A solution born of understanding By Haaretz Editorial Tags: Israel, Rabbinate  It can be hoped that the law on brain and respiratory death passed by the Knesset on Monday will bring about a revolution in the field of organ transplant and save the lives of 100, or even 200 Israelis every year. The law specifies a process for determining brain death that is acceptable to both the medical establishment and a large proportion of adjudicators of Jewish law. This means that the donation of organs for transplant will turn from being a violation of religious law, in the eyes of many rabbis, into a great mitzvah. If that happens, MK Otniel Schneller (Kadima), who led the process of dialogue, will have succeeded where many others have tried and failed. He will have reached a solution based on understanding to one of the most serious disagreements between the religious and secular communities, a solution in which both parties respect the sensitivities and limitations of the other. Schneller succeeded in gathering a critical mass of rabbis who support these understandings, first and foremost Shas spiritual leader Rabbi Ovadia Yosef, and to avoid an all-out war on the part of opposing rabbis. It is a pragmatic formula that could be applied to other issues in the future. The Zameret Committee attempted in the mid-1990s to reach such a solution on the closure of Jerusalem's Bar-Ilan road on Shabbat. It failed and the road was closed, contributing to the capital's being emptied of its secular residents. The Ne'eman Committee created a common conversion procedure for Judaism's three streams, but the Orthodox rabbis placed obstacles in its path and the attempt foundered. Advertisement The Tal Committee made a very significant gesture toward the ultra-Orthodox by offering yeshiva students a "decision year" prior to military or national service. But the students do not take advantage of this one-year break and the general public feels cheated. The Bar-On Committee drafted a civil union law during the previous Knesset term, in order to solve the problems faced by about 300,000 Israelis without religious affiliation who are barred from marrying in Israel. But the bill turned into a political bone of contention and failed. Instead of understanding, both sides tend toward coercive action. In the case of the religious public, that means the attempt to exploit its position as holding the coalition's balance of power in order to push through coercive religious legislation. In the case of the secular side, it means petitioning the High Court of Justice, whose positions are much more liberal than those of the Knesset. This disagreement is one of the main causes for the decline in the status of both of these august bodies. It can be hoped that the path forged by Schneller will become a model for additional agreements on issues such as the rabbinic courts and conversion. The religious side usually argues that it cannot compromise because halakha, religious law, is at stake. The law passed on Monday proves that the rabbis can make significant compromises. They agreed to trust the physicians to determine brain death. Both sides must make an effort to reach understandings on additional subjects as well, but this will also require flexibility and creativity from the rabbis. They must realize that they cannot expect converts to attend an Orthodox school, that they must completely change their attitude toward women in the rabbinic courts, that there is no choice but to agree to a quota for yeshiva students who do not enlist in the military and that it is possible and necessary to find a formula that will make civil marriage a reality in Israel. Bookmark to del.icio.us   Best served cold Safed chief rabbi calls on state to exact 'revenge' against Arabs. The Jewish hurdle Obama: I disagree with aide who blamed 'NY, Miami' for failed peace talks.

Today Online Safed chief rabbi calls on state to exact 'revenge' against Arabs Responses: 198 Blair: Middle East peace process a 'race against time' Responses: 135 Mubarak: Gaza tension brings Iran threat closer Responses: 55 PA fails in fight against terror, U.S. officials determine Responses: 73 Top Fatah official: Housing Min. inviting Palestinians to start a fresh Intifada Responses: 47 More Headlines 01:55 Two Sderot residents lightly hurt in fresh Qassam barrage on Negev town 22:25 Knesset panel to consider recognition of Armenian genocide 01:50 Abbas: Talks with Israel touch on all core issues including J'lem 01:38 Top rabbis: Harvesting organs of the brain dead is `bloodshed` 22:51 Netanyahu slams decision to give PA more security equipment 21:57 IDF soldier dies of wounds sustained in gun cleaning accident 19:41 IDF captures Hamas man behind 2002 Passover bombing at Netanya hotel 20:41 Olmert threatens 'painful' steps against Hamas, rules out truce 20:46 Obama: I disagree with aide who blamed 'NY, Miami' for failed peace talks 20:53 Arab League: Syria summit to adopt Yemen plan for Hamas-Fatah truce 17:19 PA to probe ex-Arafat aide over multi-million dollar Aqaba project 00:36 Abducted soldier's father slams PM, military for son's capture Previous Editions Select Day 26 mar 25 mar 24 mar 23 mar 21 mar 20 mar 19 mar 18 mar 17 mar 16 mar 14 mar 13 mar

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