What is the ruling on donating organs from one who has lost hope of life, and what is the ruling on selling them?
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The questioner : In our time, organ donation has become common, and sometimes organs are sold by those who have lost hope of life. I hope you will answer regarding the ruling in both cases: donation and sale?
The Shaykh : As the questioner mentioned, this issue has occurred recently in later times, and the scholars have differed on it. Some of them permitted a person to donate one of his organs if he retains some of it, and then these scholars differed on whether it is permissible to donate only, or whether he may sell it? And some of the scholars prohibited it absolutely, saying: It is not permissible for anyone to donate or sell any of his organs, even if he has lost hope of his life. This is because his body is a trust in his possession, and he is not permitted to dispose of it. The person is an owner, not an owned thing. And if he is not the owner of any of his organs, but they are a trust in his possession, then it is not permissible for him to dispose of them by sale or otherwise. His donation of an organ in his body, of the same kind, may allow the body to function without that organ which he donated. However, there is no doubt that Allah the Exalted did not create these two organs except for a great benefit, which is that they cooperate in the benefit entrusted to them. Then, if he donates one of these two organs, only one organ remains for him, and in this case, that organ may become inactive, so this donor would lose the benefit entirely. Then, if he donates it to another, the harm in it may be realized where that organ is lost, and the realization of benefit for the recipient is a possibility, because the operation may not succeed. For example: if someone donates his kidney to a person, if it is removed from him, he loses it, and this is a harm. Then, if it is transplanted into the recipient, it may succeed or it may not succeed, so we would have committed a harm for a benefit that is not certain.
And what is stronger in my opinion is that it is not permissible for anyone to donate any of the organs of his body, and if donation is not permissible, then sale is even more so.
As for donating blood, then donating blood to one who needs it is permissible, because blood is replaced by other blood. So if it is replaced by other blood, the deficiency that occurs in the body is lost, and there is benefit here, either certain or possible, but without the presence of harm. And the Shari'ah does not come to prohibit such a thing. So donating blood to one who needs it is permissible on the condition that the doctor determines that there is no harm to this donor if he donates his blood.
The Shaykh : As the questioner mentioned, this issue has occurred recently in later times, and the scholars have differed on it. Some of them permitted a person to donate one of his organs if he retains some of it, and then these scholars differed on whether it is permissible to donate only, or whether he may sell it? And some of the scholars prohibited it absolutely, saying: It is not permissible for anyone to donate or sell any of his organs, even if he has lost hope of his life. This is because his body is a trust in his possession, and he is not permitted to dispose of it. The person is an owner, not an owned thing. And if he is not the owner of any of his organs, but they are a trust in his possession, then it is not permissible for him to dispose of them by sale or otherwise. His donation of an organ in his body, of the same kind, may allow the body to function without that organ which he donated. However, there is no doubt that Allah the Exalted did not create these two organs except for a great benefit, which is that they cooperate in the benefit entrusted to them. Then, if he donates one of these two organs, only one organ remains for him, and in this case, that organ may become inactive, so this donor would lose the benefit entirely. Then, if he donates it to another, the harm in it may be realized where that organ is lost, and the realization of benefit for the recipient is a possibility, because the operation may not succeed. For example: if someone donates his kidney to a person, if it is removed from him, he loses it, and this is a harm. Then, if it is transplanted into the recipient, it may succeed or it may not succeed, so we would have committed a harm for a benefit that is not certain.
And what is stronger in my opinion is that it is not permissible for anyone to donate any of the organs of his body, and if donation is not permissible, then sale is even more so.
As for donating blood, then donating blood to one who needs it is permissible, because blood is replaced by other blood. So if it is replaced by other blood, the deficiency that occurs in the body is lost, and there is benefit here, either certain or possible, but without the presence of harm. And the Shari'ah does not come to prohibit such a thing. So donating blood to one who needs it is permissible on the condition that the doctor determines that there is no harm to this donor if he donates his blood.