regarding the ruling on transplanting organs from one person to another?
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The questioner : My master, if after he has died, is it permissible to transplant an organ from him?
The Shaykh : I do not see this as permissible; this falls under the category of mutilation.
The questioner : It is the other category.
The Shaykh : I do not see this.
The questioner : The question was in the other category; that is, the prohibition of mutilation.
The Shaykh : We do not have this scale that gives us the weight... what is its weight in the Shari'ah, and the weight of the benefit to the living person who needs the heart and may perhaps die; we do not have these precise scales until we are able to give an answer.
The questioner : So the answer remains confusing in this case; meaning, we cannot give an answer?
The Shaykh : No, how can we not be able to? You have a prohibition that you must not exceed due to a temporary circumstance that occurred for some people; which is transplanting this heart to a sick man.
The questioner : In general... he died.
The Shaykh : Do you understand, my master?
The questioner : ... .
The Shaykh : Here you have the prohibition of mutilation; what is its counterpart there? Is there another text? We do not have another text.
The questioner : Necessities permit the prohibited.
The Shaykh : There is no necessity; necessity pertains to the accountable person.
The questioner : The person who needs a heart is exposed to death at any moment.
The Shaykh: Correct.
The questioner : And with this heart, it is possible that he will live.
The Shaykh : Correct, but I say that necessity does not pertain to two people, one holding fast to the Shari'ah text... this one, for example, has died and mutilation of him is not permissible, and another person says the doctors that he needs this dead person's heart; he cannot exceed the limit to take this heart; because the necessity is not related to the dead person himself, it is related to another.
Another questioner : Even if he died—my Shaykh—they say that the Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 1616Hasan (Darussalam) ... meaning in both cases, whether he was alive or dead.
The Shaykh : I do not see this as permissible; this falls under the category of mutilation.
The questioner : It is the other category.
The Shaykh : I do not see this.
The questioner : The question was in the other category; that is, the prohibition of mutilation.
The Shaykh : We do not have this scale that gives us the weight... what is its weight in the Shari'ah, and the weight of the benefit to the living person who needs the heart and may perhaps die; we do not have these precise scales until we are able to give an answer.
The questioner : So the answer remains confusing in this case; meaning, we cannot give an answer?
The Shaykh : No, how can we not be able to? You have a prohibition that you must not exceed due to a temporary circumstance that occurred for some people; which is transplanting this heart to a sick man.
The questioner : In general... he died.
The Shaykh : Do you understand, my master?
The questioner : ... .
The Shaykh : Here you have the prohibition of mutilation; what is its counterpart there? Is there another text? We do not have another text.
The questioner : Necessities permit the prohibited.
The Shaykh : There is no necessity; necessity pertains to the accountable person.
The questioner : The person who needs a heart is exposed to death at any moment.
The Shaykh: Correct.
The questioner : And with this heart, it is possible that he will live.
The Shaykh : Correct, but I say that necessity does not pertain to two people, one holding fast to the Shari'ah text... this one, for example, has died and mutilation of him is not permissible, and another person says the doctors that he needs this dead person's heart; he cannot exceed the limit to take this heart; because the necessity is not related to the dead person himself, it is related to another.
Another questioner : Even if he died—my Shaykh—they say that the Prophet (peace and blessings be upon him) said:
Breaking the bones of the deceased is like breaking his bones when he is alive.
كسر عظم الميت ككسره حيًّا
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.