What is the ruling on transplanting an organ from one person to another after his death, with his consent before his death?
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The questioner : Regarding the benefit derived from the organs of a deceased person with his consent to save the life of another, you mentioned the prohibition of mutilation. How severe is this prohibition when compared to dire necessities that permit what is otherwise prohibited?
The Shaykh : Dire necessity pertains to the obligated person himself, not to others. A person is not permitted to prioritize the life of another over his own life. A person is not permitted to sacrifice his own life for the life of another.
The questioner : His life is fleeting.
The Shaykh : No, the one who is decreed to die, his life is fleeting. This concludes the answer regarding that.
The questioner : No, the example they cited is that a person is dead, but his heart is still alive, and he has consented to give his heart to another.
The Shaykh : Meaning, he has died, and it is over.
The questioner : Yes, and he has consented to donate his heart to another who will die if he is not given a heart.
The Shaykh: Yes.
The questioner : So the question now is a comparison between the prohibition of mutilation and the possibility of benefiting from this person who is approaching death, whereas another person has donated his heart and has become dead, and his heart can be given to another.
Another questioner : My lord, a correction.
The Shaykh : A correction regarding this question.
The questioner: Yes.
The Shaykh: Go ahead.
The questioner: My lord, the heart does not stop and then get transplanted. The heart is not transplanted unless it is beating.
The questioner : But it is possible for the person to be dead while the heart is still beating.
The questioner: It does not happen...
The Shaykh : Pay attention, my brothers, to the completion of the previous discussion, which was raised regarding the topic of benefiting from the heart of a man whom we can say has died medically, and a discussion took place that I began by saying.
The Shaykh : Dire necessity pertains to the obligated person himself, not to others. A person is not permitted to prioritize the life of another over his own life. A person is not permitted to sacrifice his own life for the life of another.
The questioner : His life is fleeting.
The Shaykh : No, the one who is decreed to die, his life is fleeting. This concludes the answer regarding that.
The questioner : No, the example they cited is that a person is dead, but his heart is still alive, and he has consented to give his heart to another.
The Shaykh : Meaning, he has died, and it is over.
The questioner : Yes, and he has consented to donate his heart to another who will die if he is not given a heart.
The Shaykh: Yes.
The questioner : So the question now is a comparison between the prohibition of mutilation and the possibility of benefiting from this person who is approaching death, whereas another person has donated his heart and has become dead, and his heart can be given to another.
Another questioner : My lord, a correction.
The Shaykh : A correction regarding this question.
The questioner: Yes.
The Shaykh: Go ahead.
The questioner: My lord, the heart does not stop and then get transplanted. The heart is not transplanted unless it is beating.
The questioner : But it is possible for the person to be dead while the heart is still beating.
The questioner: It does not happen...
The Shaykh : Pay attention, my brothers, to the completion of the previous discussion, which was raised regarding the topic of benefiting from the heart of a man whom we can say has died medically, and a discussion took place that I began by saying.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.