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From the *Soroka Hospital, Ben Gurion University of the Negev, Beersheva,
Israel; Sir Mortimer B. DavisJewish General Hospital, McGill University,
Montreal, Canada; Baycrest Centre for Geriatric Care, Toronto, Canada;
University of Toronto, Toronto, Canada; Centre for Clinical Ethics,
Providence Centre, Toronto, Canada; St. Josephs Health Center, Toronto,
Canada; #St. Michaels Hospital, Toronto, Canada; and **University Health
Network, Toronto, Canada.
Some of the material described in the paper was presented at a symposium
at the American Geriatrics Society Annual Meeting, Chicago, Illinois, May
2001.
Address correspondence to Dr. A. Mark Clarfield, Department of Geriatrics,
Soroka Hospital Center, PO Box 151, Beersheva 84101, Israel.
E-mail: markclar@hotmail.com
Questions
0002-8614/02/$15.00
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JAGS
Year of
Origin
Judaism
1500 BCE
Catholicism
0400 CE
Islam
610 CE
Number of
Adherents
Sources
Halacha, based on: Torah (Five Books), Talmud Responsa (Rabbinic opinions
based on above two sources)
Scriptures: Jewish Bible and New Testament, Doctors of the Church, Papal
encyclicals
Quran: Sunnah and Haddith (traditions and sayings of the Prophet Muhammed),
Islamic Jurists
13.1 106
1,100 106
1,100 106
presents the attending physician with a signed and witnessed AD that states that under no circumstances does
she want resuscitation, antibiotic therapy for life-threatening infection, or to be transferred to an acute care
hospital.
Questions
1. How should the staff respond to these requests, especially if they go against their own religious convictions?
2. The patient falls ill and is in a stuporous state secondary to sepsis. How should the staff respond?
Scenario 3
An 87-year-old man with advanced metastatic lung carcinoma admitted to an acute hospital is fed via a gastrostomy tube and aspirates in the middle of the night. He is
intubated and put on mechanical ventilation. The morning
of the senior physicians round, the children informed her
that their father had told all of them that he would never
want to end his days on a machine, as did his late wife,
who died of intractable congestive heart failure several
months ago. There is no AD.
Questions
1. Should he have been intubated?
2. Can life-support be discontinued in accordance with
the patients request expressed directly or communicated to the team by the children?
In the following paragraphs, the authors describe the formal approach taken by Orthodox Judaism, Catholicism,
and the orthodox Sunni/Shiite sect of Islam.
Only the Catholic variant of Christianity was examined in this paper. No statement is made about other
forms such as Protestant or Orthodox branches of Christianity. Similarly, only the orthodox majority opinion of
the Sunni and Shiite sects of the Islamic religion were considered. As alluded to above, Judaism has only one set of
laws, with the Orthodox, Conservative, and Reform
branches all agreeing on the form and principles of Jewish
Law but differing in their adherence to strictness.
A useful classification for discussing medical ethics
involves Beauchamps Four Principles2 (Table 2). Although not all-inclusive, they do provide a useful starting
point and framework for ethical considerations in general
and for each of the religions in particular.36
JUDAISM
Jewish medical ethics are based on the concept of Jewish
Law (Halacha), which literally means the way.3,7 The
authors describe here the normative orthodox approach.
Unlike with Catholicism or Islam, there are no significant
theological differences within Judaism, that is, between the
Reform, Conservative, and Orthodox branches. All share
essentially the same system of law and belief; it is the degree of observance that differs between them and not the
rules of the system per se.
Within Judaism, the physician has clear obligations
with respect to the duty to heal. The patient has a comparable obligation concerning the duty to be healed, which
in practice enjoins him or her to seek and follow medical
advice. Sanctity of life is a paramount principle, and human life is deemed to be of infinite value. Although illness
and death are considered a natural part of life, one is dutybound to strive to save a life (short of doing so by committing murder, incest, or public idolatry).
Jews are considered responsible stewards of their bodies. Therefore autonomy for the individual, as espoused in
secular principle, is not a paramount feature of Halacha.
Here, collective, in addition to individual, values are relevant and often even more so. Relief of suffering is as important as the duty to care for ones parents in old age.
The process of dying must be respected when it is clearly
occurring, imminent, and irreversible (Law of a Goses,
someone whose death is imminent).
Nonmaleficence
Respect for
autonomy
Justice
Approach
The obligation to provide benefits and
balance benefits against rights
(e.g., vaccination)
The obligation to avoid the causation of
harm [primum non nocere] (e.g.,evil
experimentation, Nazi medicine)
The obligation to respect the decisionmaking capacities of autonomous
persons (e.g., informed consent)
Obligations of fairness in distribution of
benefits and risk (e.g., Medicare/
Medicaid)
JAGS
1151
CATHOLICISM
Catholic bioethics hold that faith, human reason, and individual conscience should work together to interpret Scripture and as directed by Vatican Council 11 to read the
signs of the times.11,12 As do Jews and Muslims, Catholics believe that every human life has intrinsic worth and
dignity, given that it is a gift from God.13 Catholics are directed to behave as the stewards and not simply owners of
their bodies. Life is to be respected because it is sacred.
One of the two basic values of Catholic bioethics, human
dignity, arises out of the belief that a human being is created in Gods image.
However, bodily life is not an absolute good to be
maintained at all costs. One is therefore not obliged to
continue treatment if it merely prolongs dying. Although
suffering may from the theological point of view have positive meaning, it is not to be sought as an end to itself. Pain
management is encouraged, particularly in the case of terminal illness, even if such treatment might unintentionally
shorten ones lifethe concept of double effect.14 Respect for life requires that one also recognize when the patient is dying and pay attention to psychological and spiritual needs. Dying is considered more than a medical crisis.
It is also a time for reconciliation and forgiveness.
The second basic value, the interconnectedness of
each individual, speaks to the relational structure of human life. As a result, a Catholic has a duty to promote a
just social order and a responsibility to respond to the
poor and marginalized.
Case 1
It is permissible although not obligatory to insert a feeding
tube, an act justified on the grounds of respect for sanctity
of life (beneficence) and autonomy. Although the presumption should always be first to feed unless such a procedure causes suffering or prolongs the dying process, this
act becomes even more appropriate in this instance considering the familys wishes and religious convictions. Treatment of pneumonia is also justifiable on the same grounds.
With respect to not informing the husband, Catholic
bioethics insist on truth telling except under extraordinary
circumstances. It would be difficult to support withholding the facts from the husband unless he states specifically
that he does not wish to be told. The childrens wish to
protect their father should not take priority over his right
to receive essential information.
Case 2
Staff must respect the patients prior wishes that are being
implemented by her husband. Acting in her best interests
here means doing what she would want. However, although these wishes must be respected, conscientious objection is an important issue for Catholics. As such, every
attempt should be made to support staff having difficulty
caring for the patient. That the patient becomes stuporous
secondary to sepsis does not change the fact that the husband as surrogate is the one making decisions for his wife
in light of her AD.
Case 3
In the presence of a medical emergency and in the absence of any knowledge of the patients wishes, initially
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CLARFIELD ET AL.
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ISLAM
Muslims have duties toward their Creator and fellow human beings that cannot be separated from the attached
rights.15,16 The reciprocity of rights and duties exists between Muslim and everything around them; no right exists
in a vacuum.17 For example, although Muslims believe
that all healing comes ultimately from God, they have a
duty to seek out medical attention when ill and a right to
receive appropriate medical care.18 In turn, the physician
has clear obligations with respect to the duty to heal.
Sanctity of life is a paramount principle. Every moment
of life is precious and must be preserved. Only in rare circumstances (e.g., committing murder, idolatry, or adultery)
is the taking of a persons life justified. However, Islam recognizes that death is an inevitable part of human existence.
Thus, treatment does not have to be provided if it merely
prolongs the final stages of a terminal illness as opposed to
treating a superimposed, life-threatening condition.
Human beings are considered to be responsible stewards of their bodies, which are viewed as a gift from God.
Thus, autonomy, although of secondary importance in
Judaism is recognized in Islam.19 Suffering is seen to have
positive and negative qualities. Other important concepts
include the obligation to feed and hydrate the dying person and the duties of children to care for their parents. 6
When comparing Islamic medical ethics with secular
principle, beneficence and nonmaleficence are major, complementary goals. Distributive justice has played a relatively minor role in Islamic ethics, because the emphasis
has been on the individual patient.
Case 3
Islams position would favor intubation unless aspiration
itself was viewed as the final stage of a terminal illness
rather than a potentially reversible life-threatening illness.
Once it becomes clear that the patient would never have
wanted to be intubated under such circumstances, the issue revolves around the permissibility of withdrawing lifesustaining treatment. The majority of Islamic scholars
would allow withdrawal of the respirator, recognizing
that this would lead to a rapid demise. However, a minority of scholars, including the majority of the Shiite sect,
hold that withholding and withdrawing care are not morally equivalent. This is similar to the Jewish approach. In
other words, although it would be permissible not to intubate in the first instance, once the patient is intubated, this
treatment cannot be discontinued if this hastens death. 16
Case 1
Islamic ethics would support the use of a feeding tube if
there were a possibility of extending life (sanctity of life
principle). Furthermore, there is a religious obligation to
provide nourishment unless such an act shortens life. Nutritional support, at least enterally, is considered a part of
basic care rather than medical treatment. Pneumonia
would warrant treatment, because it would not necessarily
be viewed as a terminal illness.
It would be difficult to justify withholding information from the husband. Islam holds that truth should be
upheld at almost any cost, and deception is rarely justifiable, except in case of risk to ones life. Second, there is a
Case 2
Although there is little published literature on the subject,
Islam would probably acknowledge the role of ADs in
communicating a patients wishes.20 Although staff cannot
be forced to perform actions contrary to their own beliefs,
the patients expressed wishes must be respected. An orthodox Muslim might seek input from a religious authority when formulating an AD. When the patients level of
consciousness deteriorates, these directives must still be respected. Although an observant Muslim would be obligated to accept treatment, one cannot compel someone to
accept life-sustaining therapy if they refuse.
DISCUSSION
Clearly, with respect to geriatric medical ethics, the three
religions have much in common, with all strongly and formally espousing beneficence and nonmaleficence. Modern
Judaism is particularly sensitive to the issue of nonmaleficence because of Jewrys recent experience of the Holocaust in general and Nazi medical experimentation on
Jewish captives in particular.8,9
Nevertheless, in their formal expression, the religions
do differ in several domains (Table 3). Of cardinal interest,
especially for geriatricians who practice in North America,
is how the religions treat the principle of autonomy. Of
the three traditions, Catholic bioethics place the greatest
focus on this principle. Unless autonomy violates the principles of beneficence and nonmaleficence, the Catholic approach allows the patient to decide in the end, whereas in
Islam and Judaism, autonomy (although respected) is secondary to the patients health and welfare as judged by a
duopoly of expertsclinician and cleric.
Evidence of the powerful effect of Halacha on all
Jews, beyond its acceptance by the more observant (80%
of Israeli Jews are not particularly observant), may be seen
through an examination of a recently passed piece of secular legislation in Israel, The Patient Rights Act. Despite its
general support for patient autonomy, the law provides a
clause enabling the setting up of a hospital ethics committee
(including physicians, lawyers, psychologists, and ethicists).
JAGS
Autonomy
Beneficence
Non-maleficence
Justice
Role of family/community
Second religious opinion
*
Withholding truth
**
Moral equivalence of withholding
or withdrawing treatment
*
Withholding nutrition
*
Use of advance directive
*
Autopsy
*
*
*
*
*
*
***
**
***
***
**
*
*
This body may act on behalf of the court to determine action when a competent patient rejects life-saving treatment. Gross9 takes issue with what he considers an assault
on autonomy and has pointed out, it (the Patients Rights
Act) is probably the only example of legislation designed
to override a patients right to informed consent and to
treat one against ones will.
Within Judaism, patients are free to pick their physician
and rabbi, but when a rabbinical judgment is requested, no
second opinion is tolerated, although both cleric and physician are expected to consult as widely as necessary. From
the point of view of the physician, there is no restriction
on requesting a second opinion. In Catholicism, although
the priests opinion has significant authority, it is patients
who ultimately have the right and obligation to make
choices according to their informed conscience (unless they
wish to abrogate that right to others). In Islam, the local religious leader is looked upon to facilitate interpretation of
religious rulings at the level of the individual patient.
From the secular point of view, although it may be
difficult for some clinicians to accept an apparent dereliction of personal duty by religious Jews and Muslims, one
could consider the patients autonomy to be exercised via
a conscious transfer to the chosen religious adviser.
Despite varying levels of respect for patient autonomy, Catholicism, Judaism, and Islam all condemn the act
of suicide. That being said, although Judaism and Islam do
not accept the position of the Jehovahs Witnesses with respect to the refusal of blood transfusion, Catholic bioethics would support such a right as long as the intent in the
refusal was not to cause death. All three religions consider
life to be sacred, and its preservation overrides almost but
not all other religious commandments.
Regarding the issue of distributive justice, all three
faiths consider the patient to be the ultimate focus of attention without allowing (at least in theory) considerations of resource allocation to have influence. However,
the issue of social justice, especially of distributive justice,
is one that is of great importance to Catholic bioethics.
1153
Regarding truth telling, the formal Catholic and Islamic positions have more in common, with Judaism as
the outsider if it is judged that the unadulterated truth
would cause serious harm to a patient.10
With respect to autopsy, Islamic and Jewish approaches are quite similar, in that this practice is actively
discouraged except if the state demands it or when the results would reduce an immediate mortal danger faced by
another person. In contrast, the Catholic tradition has for
many centuries allowed autopsies, although the body once
dead is still worthy of respect and dignity.
We are well aware of the debate concerning whether
physicians should involve themselves in the spiritual life of
their patients,21 but this article does not address this difficult question. Rather, we have attempted to present the
normative approach to some difficult end-of-life dilemmas
of each of the three religions examined here.
CONCLUSION
The three Abrahamic religions referred to here have much
in common with respect to medical ethics, but they differ
in some important aspects. The interested reader is referred
to a recent comprehensive series on bioethics22 for detailed
treatments of the three specific religions discussed here, as
well as many others. In addition, others have offered comparative and thoughtful analyses of religion and medical
care.23,24 Comparing and contrasting how the different formal religious approaches relate to geriatric ethical dilemmas is not only an interesting intellectual exercise but can
also provide the clinician with a sensitive approach in
treating increasingly multicultural societies and clientele.
ACKNOWLEDGMENTS
Our thanks to Esther Rosenbluth and Ahuva Kammon for
help with the manuscript and to Abdallah-S. Daar, S. Muhammad Rizvi, and Shimon Glick for their comments on
an earlier draft of the manuscript.
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