What does it say about our society when we turn to death as a solution to suffering? Those are the thoughts of many after the Medical Aid in Dying Act (S.138) was recently passed by the New York Senate and Assembly. The legislation proposes legalizing physician-assisted suicide for terminally ill individuals with a prognosis of six months or less to live. While supporters claim this measure offers a compassionate way to reduce suffering and preserve dignity, the legislation stands in direct contradiction to halacha and Torah principles.
The Sacredness of Life
From the perspective of halacha, life remains sacred even when clouded by pain, disability, or dependency. Halacha explicitly prohibits any action that hastens death. A person in the throes of dying (gosses) is still considered fully alive, deserving of care, not termination. In Masechet Semachot (1:3–4), Hazal teach: “One may not move a dying person… until he dies… One who touches or moves the gosses is considered as one who spills blood.” Rabbi Meir likens the dying person to a flickering flame: “Just as touching a fading flame can extinguish it, so too, touching the dying person can shorten their life.” The Gemara in Shabbat 151b reiterates: “One who closes the eyes of the dying person while the soul departs is a spiller of blood.” These sources reflect a profound reverence for life. Even subtle actions that hasten death – no matter how merciful in intention – are seen as serious Torah violations.
Undermining the Sanctity of Life
At the heart of the opposition to S.138 lies the concern that it sends a dangerous societal message: that some lives are no longer worth living and should be taken. This notion contradicts the foundational belief that every human life holds intrinsic value, regardless of condition, ability, or prognosis.“The souls are Mine” (Yechezkel 18:4). Halacha prioritizes the preservation of life over personal autonomy. A person’s control over their body does not extend to their life, because life is not personal property – it is a sacred trust from Hashem. The Rambam (Hilchot Rotze’ach 1:4) writes: “The soul of a person is the property of the Holy One, Blessed be He.” Similarly, Rambam (Hilchot Sanhedrin 18:6) rules that a confession to a crime deserving of capital punishment is not valid evidence in Beit Din, out of concern that a person may falsely confess to hasten their death. The Radbaz explains: “Because a person’s soul is not his own possession, but the possession of the Holy One, as it is said: ‘The souls are Mine.’”
Even fasting on Yom Kippur, if medically dangerous, is forbidden. Hacham Ovadia Yosef, zt”l, (Yechave Daat 1:61) rules: “If there is concern of possible danger to life, one must listen to the doctor and eat on Yom Kippur. If the patient is strict and fasts anyway, he is not considered pious – on the contrary, he will be punished.” This is based on the Torah’s words: “But for your own lifeblood I will require a reckoning… For man was created in the image of Gd” (Beresheet 9:5–6).
The Physician’s Role: Healing, Not Ending Life
Physicians are charged with healing. As the Torah states: “And you shall surely heal” (Shemot 21:19). Doctors are granted permission to treat and cure. Nowhere are they sanctioned to end life. Moreover, the mitzvah of “Do not stand idly by the blood of your fellow” (Vayikra 19:16) commands us to protect life, not to enable its end. Turning doctors into agents of death undermines the moral foundation of the medical profession and endangers vulnerable patients – especially the elderly, disabled, and those without strong support systems.
Conclusion: Choose Life
Though cloaked in language of dignity and compassion, the Medical Aid in Dying Act (S.138) represents a perilous shift in societal values. It threatens the sanctity of life, exposes the vulnerable to coercion or despair, undermines medical ethics, and contradicts deeply held halachic principles. A compassionate society does not solve suffering by ending life – it meets suffering with unwavering care. Pain medication should be administered to suffering patients, even on Shabbat (Hazon Ovadia, Shabbat, Vol. 3, p. 256). Halacha encourages alleviating pain, but strictly forbids taking actions that hasten death.
As with all complex end-of-life questions, one must seek guidance from a competent halachic authority. Organizations such as the Sephardic Division of Chayim Aruchim, launched specifically to address our community’s needs, are dedicated to offering sensitive, informed halachic support during these delicate moments.Rabbi Yehuda Finchas is a worldwide expert, lecturer and author on Medical Halacha. He heads the Torat Habayit Medical Halacha Institute. His latest book is “Brain Death in Halacha and the Tower of Babel Syndrome.” To contact Rabbi Finchas, email rabbi@torathabayit.com.