Monthly Learning Forum by Rabbi Yaakov Kermaier: May 10, 2007

Background

President Bush established criteria for federal funding of embryonic stem cell research on August 9, 2001. The criteria he established at that time remain in place now. Essentially, he permitted federal funding for research on existing embryonic stem cell lines, but not lines coming from embryos harvested after August 9, 2001.

Both sides of the intense debate that preceded and followed this decision believe they are defending life. Supporters of embryonic stem cell research argue that cell-based therapies may assist those who suffer from Parkinson’s Disease (which afflicts one of 50 adults over 65), Alzheimer’s Disease, spinal cord injuries, certain cancers, and stroke. Opponents of embryonic stem cell research argue that the research involves destruction of life, with some contending it is outright murder and others saying it desensitizes society to the value of life.

Stem Cells

Stem cells have two important characteristics. First, they are unspecialized. They have no tissue-specific properties and cannot perform specialized functions like pumping blood or transporting oxygen through the bloodstream. Second, they are pluripotent, with the potential to develop into over 200 types of specialized tissue cells.

The mystery with which scientists are grappling is what causes an unspecialized stem cell to differentiate? In the same vein, what causes an embryo to develop into a human being? If science discovers the right signal, it could direct stem cells to become, for example, dopamine neurons, thus treating Parkinson’s. The therapeutic possibilities are limitless. Stem cells are thus a bit like manna from heaven, in that they have the potential to be used in numerous ways and have incredible potential for blessing.

The current debate concerns embryonic stem cells, not those harvested from umbilical cords or adults. This is because the use of embryonic stem cells entails destruction of the embryo from which it comes. Typically, the embryos used in stem cell research come from in vitro fertilization clinics. In the diagram appearing on page 1 of the handout, stem cells are clustered at the bottom of the inner ring of the blastocyst of an embryo three to five days old. If the blastocyst is permitted to develop, it will become an embryo and eventually a human being. If the stem cells are removed, they can be developed in a laboratory dish and will continue to multiply and proliferate. In a few months, there could be millions of stem cells.

The stem cells harvested from adults are not pluripotent. Those harvested from cord blood are more useful than adult cells, but less useful than embryonic cells. The great virtues of embryonic stem cells are that they can continue to divide for a long time without specializing and have great plasticity. Adult bone marrow stem cells, by contrast, may produce various types of blood cells, but not heart muscle tissue or liver cells. Experimentation is underway to make adult stem cells more useful, but thus far with limited success.

Halachic Perspectives

While classic halachic sources do not explicitly discuss the question of embryonic stem cell research, sources with respect to abortion and infertility treatments shed a great deal of light.

        Abortion

In Sanhedrin 91b, the Gemara discusses a dialogue between Rebbe and the Emperor Antoninus. In answer to the Emperor’s question, Rebbe had said that the soul (neshama) enters man at the time of the embryo’s formation rather than earlier, at conception. The Emperor asked a rhetorical question: “Can meat remain three days without salt and not putrefy?” Rebbe later proclaimed himself persuaded by Antoninus’s argument that the soul enters man at the time of conception.

Halachic authorities debate what the neshama means in this context. Some argue that it shows a halachic ban on abortion from the moment of conception (though they do not contend that abortion is a capital offense).

The Gemara in Yevamot 69b takes a different perspective, stating that until forty days after conception, the fetus is mere liquid. Again, the meaning of the Gemara is debatable. The Ramban said that one may violate the Shabbat to save the viability of a fetus within the first forty days, so there is obviously some halachic value to this form of life.

At any rate, it is clear that halacha does not view abortion as murder. The Mishna in Ohalot 7:6 permits abortion to save the life of the mother, even if the fetus is at full term and must be dismembered, because the mother’s life takes precedence. When the head or the majority of the body has emerged, however, then abortion becomes impermissible, because we do not set aside one life for the sake of another. At that point, abortion may be a category of killing, a position advanced by Rav Unterman, or chavala (doing bodily harm), but it is not murder, let alone a capital offense.

        In Vitro Fertilization

In the IVF process, as many as twenty-five embryos may be produced, but only a maximum of three will be implanted in the mother’s womb. Often, after a successful IVF pregnancy, the mother is able to conceive naturally in subsequent pregnancies. This leaves a vast supply of leftover embryos. The poskim debate whether those embryos may be destroyed or must be kept frozen.

Rav Moshe Sternbuch, a haredi posek, has taken the opposite position. He argues that the key is whether the embryo was ever implanted in the womb. If not, it will perish on its own and therefore may be destroyed. The same view was reached independently by Senator Orrin Hatch.

Rabbi Bleich rejects Rav Sternbuch’s position on the grounds that the unimplanted embryo would be viewed differently if science were to develop an artificial womb in the laboratory. Nevertheless, Rav Sternbuch’s position is more prevalent in Orthodox practice.

Public Policy

The Rabbinical Council of America and Union of Orthodox Jewish Congregation of America wrote to President Bush in favor of permitting federal funding of embryonic stem cell research. The RCA and OU wrote, inter alia:

Our Torah tradition places great value upon human life; we are taught in the opening chapters of Genesis that each human was created in G-d’s very image. The potential to save and heal human lives is an integral part of valuing human life from the traditional Jewish perspective. Moreover, our rabbinic authorities inform us that an isolated fertilized egg does not enjoy the full status of person-hood and its attendant protections. Thus, if embryonic stem cell research can help us preserve and heal humans with greater success, and does not require or encourage the destruction of life in the process, it ought to be pursued.

Nevertheless, we must emphasize, that research on embryonic stem cells must be conducted under careful guidelines. Critical elements of these guidelines, from our perspective, relate to where the embryonic stem cells to be researched upon are taken from. We believe it is entirely appropriate to utilize for this research existing embryos, such as those created for IVF purposes that would otherwise be discarded but for this research. We think it another matter to create embryos ab initio for the sole purpose of conducting this form of research. 

The arguments against federal funding suggest that it may shift the ethical balance in the decision to abort: a woman may become encouraged to abort her fetus if she knows that it will be used for scientific research. Also, there is a slippery slope argument that such research desensitizes us to the value of human life.

Conclusions

Rabbi Kermaier concluded that the Jewish community should be sensitive to the raw nerve that embryonic stem cell research touches for people of other faiths, and thus understanding of their opposition to the use of tax dollars to fund what they view as killing.

At the same time, there is enough room in the halachic literature for abortion within forty days, and a fetus never implanted in the womb is not even subject to the halachic rules governing abortion. Therefore, we can be confident that halacha would support this life-saving research.

Rabbi Kermaier noted that Israel is a leading center of embryonic stem cell research. In absolute numbers, it trails only the United States in publications on the subject. In addition, peer-reviewed journals have selected four papers on the topic written by Israelis as among the ten best. We may be proud that the Jewish state is leading the way in the search for life-saving cures.