['Aalim Network QR] Clarification on Donating Body Organs

["Akil M. Karim" <amk@io.org>]

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|       In the Name of Allah, the Compassionate, the All-Merciful       |\
|  Greeting of Allah be upon Muhammad and the pure members of his House |\
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Salamun `Alaykum

The following clarifications were kindly provided by Shaykh Hasnain. I
have included, for your convenience, the initial question and answer. 


Fee Amaanillah,

Akil Karim
Acting Moderator for ABDG-A


INITIAL QUESTION:

Is it permissible to sell or donate a part of a Muslims's body to a Kafir
(as per Ayat. Seestani)? 
 
ANSWER:  

A living Muslim can donate some of his body parts to others whether to a
Muslim or to a Kafir. He can also take money for the exchange of the
parts with a condtion that there will not be a severe harm to the donor. 
As for the Muslim corpse it is not allowed to cut any of his body parts
for patching a Kafir's body. 
  
Hasnain  Kassamali
Humble servant of the Ahlul Bayt (a).

***

FOLLOW-UP QUESTION # 1:

I would like further clarification with regards to this question. Please
answer per Seestani and Khui. 

Does this mean taking an organ from a muslim corpse is allowable if the
body part is given to a muslim or a "person of the book"?  If this is
allowed, would it then be permissible to sign an organ donor card, as the
major religion in N. America is Christianity (i.e. one can assume the
recepient of the organ is likely a Christian)? 

ANSWER:  

Apparently, your question has three parts. The first part is on the
permissibility of receiving organ donation. This has been responded to
recently and will be appearing along with the other answers on the net.
The second part is about signing of an organ donor card. The following
mas'alah by Ayt Seestani throws some light on it. 

"If a person has willed that some parts of his body be cut after his
death so as to join a body of a living person without the life of the
living person depending on it (i.e. on the amputated part), then acting
upon such a will and the cutting (of parts) is problemsome (ishkaal).
But, what is apparent is that no compensation will be due from the one
who cuts the parts [i.e. from the donee]." (Al-Seestani, Minhaj
al-swaliheen, v.1,Qum, 1414, p.458)

It seems from this mas'alah and other related masaa'il that leaving a
will (wasiyyah) saying that one's organs be donated is permissible
provided it is clearly and emphatically stated that the organ will only
be donated to a person whose survival depends on receiving the said organ
or organs.(Whether this can be done in organ donor cards needs to be
studied). 

As for Ayatullah al-Khu'i (may God be pleased with his ruh), he says that
one can say in his/her will that his organs will be used by the one who
needs it. It can also be placed in an organ bank and used later on by
either a Muslim or non-Muslim. However, al-Khu'i qualified the answer by
saying that it is preferable and better (afdal wa ahsan) to specify that
such organ donations will go to Muslims.(Al-Khu'i, Muniyatul Masaa'il,
Beirut, 1412, p.222)

The last part of your question refers to giving organs to people of the
book. When Ayt Seestani said (in our earlier posting) that we can not cut
a Muslim's body to put in a Kafir's body, he meant, according to our
understanding, that a Muslim's body can only be cut up for helping
another Muslim. Of course, what has been said earlier on organ donation
still applies. 
 

God knows best.
               
Hasnain Kassamali
Humble servant of the Ahlul Bayt (a)  

FOLLOW-UP QUESTION # 2:

Ok I understand where donation of organs stands. How about acceptance? 
For example since an organ from someone who has passed away can't be
donated, does that mean that someone isn't allowed to accept a heart for
a heart translpant? Or a liver? 

I'm now talking from the perspective of the person who is sick and in
need of a transplant. From the answer to the previous question, I'm
seeing that having a heart transplant operation would be haram too.
Please correct me if I'm wrong. 

ANSWER: 

The response to organ donation, posted on the ABDG-A, was a direct
translation of Ayatullah Seestani's answer to a specific question. It was
not my response to any particular question. 

Coming to your question: Is it allowed to accept a donation of an organ,
say, heart or liver, where the life of the receiver depends on this
donation? 

Response: From a living person one can receive only those parts (e.g.
skin, flesh, part of bone marrow) which will not entail severe pains to
the donor. Receiving of major organs/limbs such as eye, hand and legs
from a living person is not allowed. 

As for receiving from a dead person any organ/part can be taken. In mas'alah
# 59  on p. 458, Mihaj as-swaliheen, Ayt Sesstani writes: "If protecting the
LIFE OF A MUSLM IS CONTIGENT TO amputating an organ from a corpse of a
Muslim for joining to his [living Muslims's] body then it is permissible to
amputate. However, compensation money (diyah) will be due from the donee,
according to [recommended] precaution.". (emphasis by the translator).

God knows best.

Hasnain Kassamali
Humble servant of the Ahlul Bayt (a)