StemCell Therapy

Stem Cell Research in Jewish Law Daniel Eisenberg, MD

Stem cell research is among the most promising and controversial technological breakthroughs of our time. Most cells in the human body are differentiated and, if they maintain the ability to divide at all, have the ability to form only cells similar to themselves. Stem cells have the unique property of being able to divide, while maintaining their totipotent or pluripotent characteristics. Early in mammalian development, stem cells (under the proper conditions) have the ability to differentiate into every cell of the human body (totipotent), potentially forming an entire fetus. Stem cells derived from later stages of mammalian development have the ability to differentiate into multiple cell types, but not into an entire organism. If we were able to manipulate the conditions controlling cellular differentiation, we might be able to create replacement cells and organs, potentially curing illnesses such as diabetes, Alzheimer's disease, and Parkinson's disease.

The ultimate promise of stem cell technology would be to combine it with cloning. Imagine a man dying of liver failure. If we could take a somatic cell from his skin and place the nuclear DNA into a denucleated egg cell, we would have created an almost exact copy[1] of that sick man's cell, capable of differentiating into his clone. Instead of allowing the cloned cell to develop into a fetus, we might place it (or its stem cells alone) into the appropriate environment that would cause it to differentiate into a liver that would be virtually genetically identical to the sick man. If we could "grow" this liver to maturity, we could offer the sick man a liver transplant without the risk of rejection and without the need for anti-rejection drugs.

This sounds like a virtual panacea for many of man's ills. Yet we still do not know if we are able to successfully clone a human, nor are we sure what practical value can be derived from stem cells. We are currently in the realm of fascinating speculation. It will require years of very expensive, labor intensive research to determine the potential that stem cells hold for the treatment, palliation, and cure of human illness. While stem cells have been isolated from adults and aborted fetuses, the best source is the "pre-embryo," the small clump of cells that compose the early zygote only a few days following conception. Therefore, to best investigate the latent possibilities inherent in stem cells, scientists wish to use the approximately 100,000 "excess" frozen pre-embryos that are "left over" from earlier IVF attempts.

What is the halachic perspective on such research and what could the possible objections to such research be? There is little argument that the use of stem cells derived from adult somatic tissue pose few ethical problems. The issues raised by stem cell research involve the use of in vitro fertilized eggs which have not yet been implanted in a woman and the use of tissue from aborted fetuses.

The issues raised by stem cell research may be divided into several questions:

Artificial insemination has been dealt with a length by a spectrum of poskim (rabbis qualified to decide matters of Jewish law). While artificial insemination by a donor is generally strongly condemned, the use of a husband's sperm for artificial insemination in cases of necessity was accepted by most Rabbinical authorities.[2] The question of in vitro fertilization was dealt with later. A significant majority of authorities accepted in vitro fertilization under the same rubric and limitations as artificial insemination,[3] including the fulfillment of the mitzvah of procreation.[4] However, a fundamentally new question arose. What is the status of the "spare" embryos that are not implanted as part of the first cycle of IVF?[5] Must they be implanted in the mother as part of another attempt at pregnancy. May/must they be donated to another women to allow the pre-embryo its chance at life? May they remain frozen indefinitely?[6] Most importantly to our topic, the question arose - may pre-embryos be destroyed? To answer this question, we must first generally examine the Jewish approach to abortion.

Abortion in Jewish Law

The traditional Jewish view of abortion does not fit conveniently into either of the major "camps" in the current American abortion debate. We neither ban abortion completely, nor do we allow indiscriminate abortion "on demand." To gain a clear understanding of when abortion is sanctioned, or even required, and when it is forbidden, requires an appreciation of certain nuances of halacha (Jewish law) which govern the status of the fetus.

The easiest way to conceptualize a fetus in halacha is to imagine it as a full-fledged human being - but not quite. In most circumstances, the fetus is treated like any other "person." Generally, one may not deliberately harm a fetus, and sanctions are placed upon those who purposefully cause a woman to miscarry. However, when its life comes into direct conflict with an already born person, the autonomous person's life takes precedence.

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