Who Bears the Responsibility? Using the Image of a Deceased Person with the Consent of Their Heirs

Question:

Hello Rabbi, Is there a halachic obligation to obtain the permission of the deceased’s heirs when using a digital representation of the deceased, and if they do not object—is that sufficient? Does the use of technology that "brings back to life" a person who can no longer express their will or consent raise any issues?

Answer:

Hello,

The scope of the heirs’ authority with regard to their deceased relative has not been fully clarified in halacha. Issues such as whether it is permissible to publish the personal diaries of the deceased—items they kept hidden during their lives; whether it is permissible to read all the emails they wrote; and generally, what obligations apply concerning all their digital assets and similar matters—all require thorough discussion, and there is no consensus among halachic authorities.

Progeny do not step into the shoes of the deceased, and they are not authorized to make decisions that the deceased themselves did not make. If there is reason to believe that this would have been the deceased’s wish, or if the matter involves something of significant importance (such as Torah insights), some have written that it is permissible to act accordingly. However, this does not necessarily mean that the heirs are the decision-makers in such cases.

All the best,
Rabbi Yuval Cherlow
Rabbi Cherlow is the Head of the Ethics Department at the Tzohar Rabbinical Organization

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