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If Not Now, When?

The Importance

of Living Wills

Rabbi Dr. Shlomo Brody

O ne of the lessons of the Yamim life. People may no longer be able to speak easily filled out online or in print. Once it

is signed, this is a formal legal document
for themselves, and sometimes decisions
Nora’im is to confront our mor-
that will be respected by healthcare pro-
must be made quickly. These can be cases
tality. The Talmud teaches us
that the books of judgment
are open during this period, while our of terminal illness, like an aggressive form viders and hospitals.
of cancer, or a progressive or degenerative
The second document is a conversation
most moving tefillot, such as U’netaneh disease, like Alzheimer’s or ALS. People
Tokef, remind us that life is ephemeral. may suffer sudden and drastic changes guide to talk about your healthcare goals
and values. It gives people the opportunity
Asking “Who will live and who will die?” to their health, such as a heart attack or to express their general decision-making
forces us to recognize that we can’t escape car accident. Or as so frequently happens, preferences. These aren’t easy conversa-
the ultimate day of judgment. Such recog- they must cope with aging and increasing tions to have, but they are critical to help
nition inspires us to repent and take life a frailty, with many nagging ailments. your proxy and rabbi better understand
bit more seriously. Even once Yom Kippur In any circumstance, healthcare providers your goals and preferences so they can
passes, confronting our mortality can help better apply them to each unique situa-
us live more meaningfully. need to know that you want your deci-
sions to be made within the framework tion. It is also a gift to your loved ones, as
Our great sages taught us throughout of Jewish law. The default decision of it will help prevent family tensions and
the centuries that it is appropriate to what someone else might deem to be in guilt caused by uncertainty and specula-
plan ahead for illness and death. Halacha “your best interest” may not coincide with tion about your values and preferences.
permits and even encourages people to Jewish values. Your family members need Meaningful conversations about life and
purchase burial plots (Kol Bo Avelut, Vol. to know who should be making these deci- death can bring families together.
1, p. 174), tombstones, and burial shrouds sions on your behalf. They also need to Whichever document you choose to
(Aruch HaShulchan YD 339:5) in advance. In know which rabbi to consult with if there use, the best time to take the initiative
fact, Rabbi Yosef Karo even allowed people are halachic questions regarding certain is today. Im Lo Achshav, Ematai? For if not
to dig their own graves, provided that they treatments. Various organizations, includ- now, when?
were not in such a mental state that think- ing the Rabbinical Council of America and
ing about death could harm them phys- Agudath Israel, provide such forms for
ically or emotionally (Beit Yosef YD 339). Jews to sign.
Similarly, both Rabbi Chaim Falagi and
the Chafetz Chaim urged people to sign My own organization, Ematai, recently
undertook the task of creating a document
a financial will and testament while they that can provide you with decision-mak-
are healthy, in the spirit of the famous
dictum of the Sages, “If I am not for myself, ing clarity along your healthcare journey.
The document, called Netivot (“pathways”),
who will be for me?” There’s no reason has received the endorsement of Rabbi
to leave these decisions to others. These Hershel Schachter and Rabbi Mordechai Rabbi Dr. Shlomo Brody
sources make clear that advanced direc- Willig, and includes two parts. The first is the executive director of Ematai, an
tives are the most prudent way to receive part is an advance healthcare directive organization dedicated to helping Jews
across the world navigate healthcare
one’s desired wishes while also avoiding that designates your proxy (and alter- choices with Jewish wisdom. Learn more
unnecessary family strife. about Ematai’s healthcare directive
nates), recommends the rabbi they should
In our times, it is critically important consult with, and declares that you want at www.ematai.org/netivot
for people to sign an advance healthcare end-of-life decision making made in
proxy and directive. Many choices must be accordance with Jewish law and custom. A member of the Mizrachi Speakers Bureau
made as people age or approach the end of It is a user-friendly document that can be mizrachi.org/speakers

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