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The Noda Biyehudah (second edition, Yoreh De’ah #10) was asked:
Is it permitted for a Jew to hunt animals? His answer was that hunt-
ing for sport and relaxation is prohibited. We are commanded by the
Torah to safeguard our lives well (Devarim 4:15). Esav, who was an
expert hunter and a “man of the field,” (Bereishis 25:27) said about
himself “I am going to die” (ibid :32). The Ramban explains that Esav
endangered his life every day by his proximity to the wild animals.
If so, how can a Jew expose himself to the danger of wild animals by
hunting? However, it is permissible for a poor Jew to hunt animals for
a living, just as it is permissible for merchants to spend much of their
time on the oceans in order to earn a living. The Torah says (Devarim
24:15): “for it (his sustenance), he endagers his life.” The Sages explain
(Tractate Baba Metzia 112a): Why did the man ascend the ladder and
suspend himself from the tree and risk death? Was it not so that you
should pay him his wager? However, someone whose main motiva-
tion is not to sustain himself, but rather his lust for hunting takes him
out to a place of wild animals, violates “And you shall safeguard your
lives well.”
If so, we can learn from the words of Noda Biyehudah that it is per-
missible to endanger oneself a little by participating in medical stud-
ies or dismantling bombs. This is not only permitted for the purpose
of making a living, but even if one does so voluntarily, for the public
benefit. When the Noda Biyehudah writes that hunting in order to
earn a living is permissible, his intent is not that it is only permitted
in order to earn a living, but rather that hunting for practice or sport
is forbidden. As we find in the Jerusalem Talmud (Mo’ed Katan 3:1)
and in the P’nei Moshe (ibid, s.v. R. Yehudah), it is permissible to sail
on the seas for “revachah,” even though doing so purely for pleasure is
prohibited because of the danger.
The rule that we learn from the Noda Biyehudah is that for a pur-
pose, it is permissible to endanger oneself a little, but for pleasure, it
is prohibited, even if the chances of danger are minimal. It is difficult,
however, to ascertain the exact place where we draw the line.
If so, we can conclude, regarding our case, that if the danger of
participating in a medical study or of dismantling bombs is no greater
372 1 Medical-HalacHic Responsa of Rav ZilbeRstein
This is the psak in the Tur as well, (#618) and in the Magen Avraham
and Mishnah Berurah (#618:2). This means that according to halacha,
the possibility of becoming endangered is viewed as equivalent to the
possibility of death. If so, it is difficult to understand the Avnei Nezer,
who maintains that one should circumcise a baby whose two broth-
ers’ lives were endangered by circumcision.
It seems to me that we can differentiate between the cases.
The words of the Rosh refer to an illness that is already dominat-
ing the patient, and it is doubtful whether or not it will worsen and
endanger the patient’s life. In that case, the Rosh allows eating on Yom
Kippur because every additional danger can easily lead to death, and
therefore, danger, in this case, is equivalent to death. This is not so
in the case of Avnei Nezer, which deals with a perfectly healthy baby
where the doubt is whether or not circumcision will endanger his
life as it endangered his brothers’ lives. Even if he is endangered, we
“have the remedy in hand,” being that his brothers survived. In this
case, there is a “doubt of a doubt,” and therefore there is no need to be
concerned and one should circumcise him.
We will now cite a practical example for the words of the Rosh, in
order to understand the difference between the two situations:
If a man has a fever of 38°-39° C, physicians will instruct him to
drink a lot in order to prevent dehydration, which could endanger his
life. If he becomes dehydrated, the way to save his life is to make him
drink large amounts of fluids.
The question arises: What is the halacha for a patient on Yom Kip-
pur who is lying in bed with 39° C fever and wants to drink? He does
not say “If I do not drink I will die,” but rather “if I do not drink I will
be in danger because of dehydration.” However, even if he becomes
endangered, he can save his own life by drinking large amounts of
liquids. In this way, according to Tosfos, one does not let him drink
until he is clearly on the brink of danger. According to Rosh, we give
him to drink immediately because the patient is already in the process
of becoming dehydrated, and the possibility that he will become en-
dangered and die is one doubt, and therefore the possibility of danger
is equivalent to the possibility of death, which is not so in the case of
Undertaking danger in order to save a life 2 377