What is the ruling on transplanting a heart from a patient for whom hope of survival has been lost
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The questioner : Another questioner asks: In our days, a method of treating patients by means of blood or organ transplantation, such as kidney or heart transplantation, has emerged. In the case of a heart transplant, the procedure requires killing the person from whom the heart is taken because the doctors have lost hope in his condition; so what is the ruling of the Shari'ah in this matter?
The Shaykh : How does it require killing what?
The questioner : The person from whom the heart is taken; because the doctors have lost hope in his condition; so what is the ruling of the Shari'ah in that?
The Shaykh : And this is a question that needs to be addressed; how can a person be killed and his heart taken?
The questioner : When it is more likely ... .
The Shaykh : ... If he is dead, it falls under the category of mutilation, and if he is alive, it falls under the category of harming oneself; so in either case, I do not see the transplant as permissible. As for this strange situation that was recently clarified, I do not believe it is anything but forbidden by the Shari'ah, because it involves performing an act of killing on a person who is still considered alive by the ruling of the Shari'ah; even if the doctors rule that he is considered dead, they must wait until his death is confirmed by the Shari'ah, to the point where it is permissible to bury him in his grave; and before that, it is considered killing.
Yes.
The Shaykh : How does it require killing what?
The questioner : The person from whom the heart is taken; because the doctors have lost hope in his condition; so what is the ruling of the Shari'ah in that?
The Shaykh : And this is a question that needs to be addressed; how can a person be killed and his heart taken?
The questioner : When it is more likely ... .
The Shaykh : ... If he is dead, it falls under the category of mutilation, and if he is alive, it falls under the category of harming oneself; so in either case, I do not see the transplant as permissible. As for this strange situation that was recently clarified, I do not believe it is anything but forbidden by the Shari'ah, because it involves performing an act of killing on a person who is still considered alive by the ruling of the Shari'ah; even if the doctors rule that he is considered dead, they must wait until his death is confirmed by the Shari'ah, to the point where it is permissible to bury him in his grave; and before that, it is considered killing.
Yes.
Source
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