Are Designer Babies Kosher?: Gene Editing in Jewish Law

The development of new technologies to assist in gene editing have raised ethical concerns. CRISPR-cas9 is a new technology that gives scientists a very effective tool to edit DNA. It utilizes a bacterium to insert and delete specific genetic sequences. For example, students in a lab in M.I.T. took the genes for the translucent skin quality of a Jelly fish and inserted them into a mouse. The result was a glowing mouse!

The efficiency of CRISPR-cas9 has opened new frontiers in medicine and science. It gives the possibility of fixing gene mutations causing the metastasis of cancer. At the embryotic level, it could be used to fix devastating gene mutations like fragile-x syndrome.

Glowing mice through genetic engineering

However, the ability to tamper with the existing order of nature can cause unanticipated outcomes and the possibilities are frightening. It has been reported that in China a lab attempted to create highly intelligent monkeys. At a societal level gene editing could be used to engineer what some have referred to as “designer babies” or perfect athletes. These ethical and moral concerns have pushed the scientific community to limit the usage of such technologies. In this article we will present a discussion of how classic rabbinic literature relates to some of these ethical concerns.

Respecting the Order of Nature

On the one hand, classic Jewish sources value respecting the order of nature. Nachmanides, an important 12^th century biblical commentator, gives a philosophical explanation for the biblical prohibition of crossbreeding different species of animals or fruit bearing trees. He writes, “One who crossbreeds two species changes God’s creation of the world, as if to say that He did not complete His world enough and needs help in the creation of the world by making new creations.”¹

God intentionally created an imperfect world and gave mankind the mandate to perfect it.

Man’s Mandate to Perfect Creation

While the restrictions on crossbreeding seem to indicate respect for the natural order, the commandment of circumcision indicates the opposite. Rabbi Akiva, the ancient Talmudic sage, was asked, “If God dislikes the foreskin, why does he create man with it?” He answered, “The commandments were given to refine mankind.” The Maharal of Prague, a great 16^th century Torah scholar, explains that God intentionally created an imperfect world and gave mankind the mandate to perfect it.

Balancing Opposing Values

So there are two opposing values in classic Jewish thought. The value of respecting the natural order of nature versus the notion that the world was created imperfect and it is man’s mandate to perfect the world.

The comments of Rabbi Shabsai Rappaport², an important 17 century Jewish legal scholar, provide some insight into this question. He wrote that it is permitted for a great saint to use Jewish mysticism to perform supernatural feats, although it goes against the natural order of creation. However, he cautions, it should only be used for an important purpose.

These comments provide important balance. On the one hand, Rabbi Rappaport is addressing the concern about tampering with the order of creation. His answer is yes, mankind was given permission to use his abilities to change nature. However, this permission is very specific. It should only be used for important reasons.

Mankind was given permission to use his abilities to change nature, but only for important reasons like curing disease, not for designer babies.

With these ideas in mind it would seem that according to Jewish Law genetic engineering is appropriate for the treatment of disease and fixing devastating genetic diseases, but not for frivolous uses like designer babies or glowing mice.

Our Responsibility to Society

While we have asserted that Jewish Law does not necessarily prohibit changing the order of creation (unless specific criteria are met), classic Jewish sources recognize our responsibility to consider the repercussions such actions may have on society as a whole.

The Drashos HaRan, an important philosophical work, explains that there are two vital types of law. The laws of the Torah are Godly laws based on inherent truths that do not change with time. For example, the laws of keeping kosher or observing the Sabbath are inherently true and timeless. They are not temporary corrective measures addressing a transient societal issue; they are eternal values that bring one to his ultimate purpose in connecting to God. As such, it cannot be expected that these will rectify all issues in every society.

Jewish Law recognizes the need for human-based laws to deal with the deficiencies of each respective society and generation. This is an integral part of the Torah commandment of having a judicial system. These laws are created by man in order to live together with others in harmony, like regulations to maintain building safety and fair trade. These “human laws” do not stem from the Torah, which is Divine; they are created by mankind in order to maintain a fair society. As such, these laws can change from time to time. For example, in a society where crime is rare, we may be less harsh on punishment than during a time when crime is rampant. The need for such laws is universal.

We can learn from these concepts, while genetic engineering may not be inherently prohibited under the “Godly Laws” of the Torah, our obligation to create “Human Laws” for the betterment of society obligate us to prevent the misuse of these powerful technologies.

Conclusions

Mankind was created in the image of God and should emulate His ways. We can learn from God Himself to use the power of creation to modify the world in order to heal the sick from their pain and prevent tragedy. However, in the same spirit we must respect these Godly powers and not use them in frivolous ways. Likewise, even when not directly prohibited by Torah Law, we have an obligation to prevent the use of such technologies in ways that could be harmful to society.

1. Ramban, Vayikra 19:19.
2. (Known as the ‘Shach’ based on his acronym)