Deriving Benefit from the Belongings of the Deceased

Prohibition of Benefit

A Jewish deceased person and their shrouds are forbidden for benefit (Siman 349:1). However, a non-Jewish deceased person is permitted for benefit (Jerusalem Talmud, Tosafot, Rambam, Rokeach, Yereim, Ramban, Rashba, Meiri, Rashbash, and many others). Particularly, it is permissible for the needs of a sick person, even if there is no danger to life. (1:467, 470, 481)

In the Gemara (Tractate Avodah Zarah 29b), they learned that a deceased person is forbidden for benefit through a gezeirah shavah (textual comparison) from the death of Miriam to the beheaded heifer. About Miriam the prophetess it is written: "And Miriam died there," and regarding the beheaded heifer it is written: "And they shall behead there the heifer in the valley." Just as the beheaded heifer is forbidden for benefit, so too is a deceased person forbidden for benefit.

Hair Extensions

Hair extensions attached to the head of the deceased are forbidden for benefit. [For those suffering from hair loss, hair extensions are attached to the head with special medical adhesive, appearing completely natural and do not come off. Once a month, when the natural hair grows, the hairdresser removes the extension using a special substance, cuts the person's hair, and then reattaches the extension as before].

Maran ruled in the Shulchan Aruch (Siman 349:2): Ornaments of the deceased that are attached to the body, such as a wig connected to the deceased's own hair, are forbidden for benefit just like the deceased's body itself. When does this apply? In an unspecified case, but if the deceased commanded that their attached ornaments be given to their son or daughter or for another purpose, they are permitted. However, the actual hair of the deceased, even if they commanded about it, is forbidden for benefit. (1:459, 464)

Dentures

Dentures [even gold ones], if they are firmly attached and fixed in the mouth of the deceased, are forbidden for benefit. But if they can always be removed and inserted, they are permitted for benefit. As explained, only ornaments of the deceased that are actually attached to the body are forbidden for benefit. (1:472)

Jewelry and Clothes

Rings, bracelets, and clothes that were on the deceased are permitted for benefit (Siman 349:2). Even if they were tied and fastened to the body of the deceased. (1:459)

The Tevuot Shor wrote, we have not heard of prohibiting the deceased's ornaments except for wigs and dentures, which are primarily made to appear as if they are part of the body. But other silver and gold jewelry, even tightly fitting rings, are not forbidden anywhere, as they are no better than the deceased's clothing which, even if tied to them at the time of death, are not forbidden, and we should not waste Jewish property. Rabbi Yehuda Ayash also ruled similarly. (1:462)

Pacemaker

A pacemaker implanted by doctors for heart patients may be removed and is not forbidden for benefit. (1:459)

Rabbi Shlomo Zalman Auerbach wrote that the "pacemaker" device is not similar to things that are attached to the human body, such as a wig that is tightened and connected and considered like hair, or a denture and the like, all of which are considered part of the person to some extent. This is not the case with a pacemaker, which is an electrical device operating on a battery that expires after a certain time and needs to be replaced with another battery. Therefore, this device should be viewed as a fixed machine under the skin that operates on electricity, which certainly cannot be compared to something that adorns the body, but rather is more similar to a ventilator that is also connected to the body itself, except that it stands outside, and was also fixed for the time the person is alive, while the pacemaker is inside under the skin for a long time. Therefore, after the pacemaker ceases to be useful, it is truly a foreign body that is not considered attached to the body at all, and presumably the deceased is comfortable with removing this foreign machine from their body, especially to help other patients. The Tzitz Eliezer also permitted removing a pacemaker from a deceased's body to use for another patient who needs it, especially since there is a significant financial loss, and it is also needed to save lives for another patient when necessary. We can certainly rely on those who permit even things connected and tied to the deceased, as long as they are not from the deceased's body, to be permitted for benefit. Shevet HaLevi, Binyan Av, and Teshuvot VeHanhagot also ruled similarly. (1:464, 467)

Shoes of the Deceased

There are those who practice cutting the deceased's shoes into small pieces and disposing of them, so that other people do not wear them. This should only be done with shoes worn during the illness from which they died, but shoes not worn at all except when they were healthy, and certainly new shoes never worn at all, should not be treated stringently. (1:484)

Sefer Chasidim wrote that one should be careful not to wear the shoes of the deceased, and several later authorities were concerned about this, but some say there was a scribal error in his words and he only prohibited shoes made from an animal that died, as there is concern that perhaps a snake bit it and the venom is absorbed in the leather and could harm the person wearing them. Although the plain meaning of his words does not suggest this, nevertheless one can say that he was only strict about shoes the deceased wore at death, or at least those worn during the illness from which they died, but otherwise there is no concern. As written in Mishmeret Shalom, all the strictness is only with shoes worn by the deceased during their illness, out of concern that perhaps the sweat of the illness was absorbed and stuck to the leather of the shoes, but if they only wore them when healthy, there is no concern at all. Gesher HaChaim, She'ilat Moshe, and Atzei HaLevanon wrote similarly. Sefer Chasidim also wrote that all omens are against those who are particular. Therefore, one who wishes to be concerned for themselves, we have no power to prevent them because of the prohibition of "do not destroy," but one who does not want to be concerned about this, certainly has something to rely on. All the more so when the shoe was not on their foot at all during their illness. (1:486. See also Responsa Yabia Omer Part 2 Even HaEzer Section 7, regarding the actual halachic validity of the will of Rabbi Yehuda HaChasid)

Corneal Transplant

For someone who needs medical treatment for their eyesight, by removing corneal tissue from a deceased person and transplanting it into their eye to restore their vision, if there is financial possibility, it is good to do this abroad where non-Jews are available, so one can assume the corneas are from non-Jewish deceased individuals, which are permitted for benefit. Also, the doctors there are more expert and experienced, as they treat many more patients than in Israel. But if one does not have financial means, it is permitted to receive treatment even in a city where the majority are Jewish. (Yabia Omer Vol. 3 Yoreh Deah Sections 20-23. 4:81, 304)