The ability to retrieve and culture stem cells offers great promise for the many persons who suffer painful, debilitating illnesses. At the same time, it raises serious moral and ethical concerns and has become controversial. To comprehend the debate, let us first understand what stem cells are, how they are retrieved, and what benefits they provide, and then articulate Jewish principles to guide us in this sensitive issue.

What Are Stem Cells?

Every cell in the human body contains the entire genetic code of the total organism. A skin cell contains the DNA of brain, kidney, heart, and liver. A heart cell contains the DNA of skin, lung, etc. In the course of embryonic development in a process that scientists still do not fully understand and one that gives vivid testimony to the wonder of G-d’s creation, various parts of the DNA are switched on or off so that some cells become skin (so the DNA of heart, liver, kidney turns off); other cells become heart (so the DNA of skin, liver, kidney turns off). At the earliest stages following fertilization (about 14 days), the cells have not yet differentiated to acquire specific identities and thus are theoretically capable of becoming any one of the 200+ tissue types in the human body.

Researchers at Johns Hopkins University discovered that these early undifferentiated cells could be removed from embryos that were fertilized through the in-vitro process; be cultured indefinitely; and could be “coaxed” through various electrical and chemical processes to become differentiated cells – heart tissue, lung, spinal chord tissue and the like.

It was realized that through the culturing of stem cell lines, one could obtain brain tissue to help persons with dementia, spinal chord tissue to treat paralysis, heart tissue to repair valves, skin for grafts. Eventually, it might even be possible to reconstruct whole organ systems – to create a heart or a liver – which would alleviate the shortage of organ donors and avoid ethical problems of that process.

While many claims made for stem cells were grossly exaggerated (for example, a commercial showing Christopher Reeve able to walk if John Kerry were elected president), the techniques and technology are still in the experimental stage, but the promise of major advances is very real.
Actually, stem cells can be harvested even from the bone marrow of adults, as well as from placentas and umbilical cords, but researchers feel that such cells lack the “plasticity” (ability to be turned into any type of cell) to make them useful in treatment, while stem cells from embryos offer the greatest chance of therapeutic success.

The Problem
In order to retrieve embryonic stem cells, there must first be a human embryo. Typically, this embryo is created through in-vitro fertilization. Removing the undifferentiated cells from the embryo, however, destroys it. Is the destruction of the embryo an abortion? Is it murder? Is it ethically proper to “kill” one life to save another? As the Talmud puts it, “who says your blood is redder than your friends’”?

Obviously, those segments of society who permit abortions have no problem with stem cell retrieval. At worst, it is a very early abortion. However, those of us who believe in the sanctity of life at all levels must squarely address the dilemma: if one disallows stem cell research and retrieval, potentially thousands of people will suffer and die. On the other hand, if one allows it, is that not equivalent to killing one to save others? Certainly even good and noble ends cannot justify the means.

As an aside, in American politics, the issue is not whether stem cell research should be permitted or outlawed. It is permitted. The issue is only to what degree federal and state governments should fund the research. As Jews, however, we must consider the permissibility of the procedure.

The Jewish Perspective
1) Because man is created in G-d’s image and is blessed with intellect and creativity, he/she has a moral responsibility to use that wisdom and creativity to improve the world and to alleviate pain and suffering. One is not allowed to refrain from treating the sick on the grounds that G-d will take care of the problem. As Maimonides writes in his Mishna commentary, he who fails to seek medical attention in the belief that G-d will heal him is as foolish as a person who refuses to eat in the belief that G-d will feed him. To the degree that stem cell research is permissible by Jewish law, it would be halahically virtuous and perhaps mandatory.

2) Abortion – the destruction of fetal or embryonic life – is a very serious prohibition that can generally be permitted only if the mother’s life is in danger. However, abortion is not equivalent in severity to actual murder; destroying a fetus is not liable for capital punishment.

3) Some halachic authorities permit termination of pregnancy within 40 days of conception based on the Talmudic statement that before 40 days, the fetus/embryo is “nothing more than water.” The embryos from which stem cells are obtained are much younger than 40 days; indeed they are less than two weeks old. However, eminent authorities, e.g., Rabbi Moshe Feinstein, prohibit abortions even prior to 40 days.

4) Accordingly, some halachic authorities rule that the abortion restrictions apply only to a fetus or embryo that is already in the environment where in the normal course of events it will come to fruition, i.e., an embryo that has already been transferred to a womb. An embryo outside the womb has no potential at that point and in that state to ever develop into a life and as such, its destruction is not a prohibited act.

5) This argument is especially strong when we consider the fact that the alternative to stem cell retrieval will not be implantation, pregnancy and birth but destruction for no purpose at all. These embryos are typically left over from fertility treatments and the parties do not desire to use them. As such, the choices are:

(1) pursue useless destruction through thawing, etc.; or (2) destruction in the process of retrieval of potentially life-saving cells. Given that reality, it is difficult to perceive why the second option should be ethically and halachically problematic if the first one is not.

6) Although halacha may permit stem cell retrieval from embryos that were originally created for fertility purposes that the parties now want to discard (“spare embryos”), it is arguably forbidden to deliberately create an embryo for the purpose of its destruction (“research embryos”). Creating embryos solely for research and destruction may involve the prohibition of emitting sperm for a non-productive purpose (hotzaat zera l’vatala) and represents a blatant denigration of the sanctity and mystery of human life, reducing it to a biochemical commodity that can be manufactured to obtain products. Such denigration of human life and dignity is ultimately a denigration of the Creator.

7) It should be noted that it is theoretically possible to directly create stem cells for any cell in the body, eliminating the need to create and destroy a human embryo. While such a development is in the long-term future, it would minimize these ethical problems.

In summary, while Jewish law recognizes the sanctity of life at all stages, it would allow the destruction of unimplanted embryos for the purpose of obtaining stem cells provided that the embryos were created for fertility purposes and would otherwise be discarded. Jewish law would discourage, and perhaps prohibit, the deliberate creation of research embryos and would encourage further research into the feasibility of using stem cells from adult marrow and from umbilical cords.

Rabbi Yitzchok Breitowitz received a BS, Johns Hopkins University 1976; JD,Harvard Law School 1979, Magna Cum Laude; Rabbinical Ordination, Ner Israel Rabbinical College,1976.Rabbi Breitowitz is the author of many articles and is a frequent lecturer on the interface of medical,legal and family ethics and Jewish law.