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Does a terminally ill patient have the right to ask someone to help him die?

The U.S. Supreme Court began pondering the question about four months ago. Last week in San Francisco a doctor, lawyer and rabbi met for a panel discussion on the issue.

"A peaceful death: This is what we really want," said Dr. Ernest Rosenbaum, clinical professor of medicine at UCSF Medical Center.

"We sometimes have to have assistance."

A strict interpretation of Jewish law "would absolutely rule out a doctor or friend or family member assisting in a suicide," said Rabbi Martin S. Weiner, spiritual leader of Congregation Sherith Israel, where the discussion was held.

"Yet we confront very agonizing questions," the rabbi emphasized.

The discussion, which also included attorney Steve Zollman, was sponsored by the synagogue's social justice committee and moderated by its chair, Dr. James Davis.

Rosenbaum explained that assisted suicide would require a physician in attendance to administer "a lethal dose."

Yet according to Jewish law, a physician "may do nothing to hasten death," said Weiner.

"The Talmud compares the dying patient to a fluttering candle that is about to go out," he said. "If we touch a fingertip to the candle, the flame will go out at once."

Nevertheless, he continued, "the physician may refrain from doing that which will prevent the patient from dying."

For example, the doctor may choose to stop ordering intravenous refills; he may gently remove the IV tubes.

"Passive euthanasia," as Weiner termed it, means "not taking extraordinary means to prolong life after there is no longer any real quality to that individual's existence."

Weiner said that Jewish views of suicide have become progressively more lenient since ancient times.

He explained that the "post-talmudic booklet" Semachot states that those who commit suicide with a clear mind and stated intent are to receive no burial rites, Weiner said.

Yet gradually, allowances have been made. Certain suicides, for example, are actually applauded.

If someone in authority orders you to commit murder or idolatry, for example, you are required to kill yourself rather than submit, Weiner said. Thus, 900 Jews at Masada died by their own hands rather than become slaves to the Romans.

King Saul also was forgiven his suicide because he genuinely thought the Philistines were going to kill him, the rabbi continued.

"In most cases down through the centuries, the rabbis found a way to permit full funeral rights out of love and sympathy for the plight of the individual and the families," Weiner said.

"How would I, as a rabbi, respond to a situation of a patient suffering from unrelieved pain and a terrible wasting illness with no real quality of life?" Weiner asked.

"I would be rather supportive to a decision which would end life."

The Supreme Court began hearing arguments regarding assisted suicide last January.

If Rosenbaum could have had anything to do with the Divine law handed to Moses by God on Mount Sinai, he would have asked for an addendum.

"There should be an 11th commandment," he said. "Thou shall not allow pain and suffering."