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sible danger to save someone who is in definite danger. The Talmud in the case that all will be killed, it is only permitted to hand him over
Bavli says he is exempt, but is allowed to do so voluntarily. This is the
halachic ruling in Radvaz (Leshonos HaRambam 1582, Vol. 5 #218), in
Sema (Choshen Mishpat #426:2) and in Mishnah Berurah (#329:19).
The Radvaz adds: this applies, specifically if the danger to the res-
cuer is great and is nearly definite, or if the chances of life or death are
equal. In such cases a person is not obligated to give his life to save
someone else. But if it is probable that he will survive the danger, he
is obligated to endanger himself and save the life of the other person
and if he does not do so, he violates the prohibition of “Do not stand
idly by the blood of your fellowman.”
In other words, the Radvaz’s implication is that the rescuer should
weigh the amount of danger he would be exposed to: If, for example,
there is a 60% chance that he’ll survive, then he is obligated to endan-
ger himself in order to save the other person’s life. But if the chances
of his survival are only 50%, he is not obligated to endanger his life to
save the life of another, all the more so if his chances of survival are
less than 50%.
After considerable deliberation, however, it seems to me that a
person is not obligated to endanger his life, even if there is only a
40% chance that he will die. The Radvaz, himself, rules (Vol. 3 #627
- 1052) in the case where Reuven hid in a secret place to escape the
governor, who hads decreed that one of Reuven’s limbs should be cut
off. The governor held Reuven’s friend Shimon hostage as collateral,
and warned that he would only free Shimon once Reuven presents
himself. If Reuven fails to appear, he warned, I will kill Shimon. The
Radvaz asks: Is Reuven obligated to present himself to the governor
and give up one of his limbs in order to save the Shimon’s life? He
answers that according to the strict halacha, Reuven is not obligated
to sacrifice a limb to save his friend. “The ways of Torah are pleasant,”
(Mishlei 3:17) and it is not logical that the Torah would demand such
a large measure of self-sacrifice in order to save the life of another. It
would, however, be an act of piety for someone to give up a limb in
order to save the life of his friend. [See also the Yad Avraham’s words
in Yoreh De’ah #157.] Based on this, it is logical that the Torah does
382 1 Medical-HalacHic Responsa of Rav ZilbeRstein
14
to gentiles, but not to kill him directly.
According to the words of the Meiri and Chasdei Dovid, the father
had no right to kill his baby in the bunker even if they would all have
been killed by the Nazis. Direct killing is prohibited, because it is for-
bidden for a Jew to be a murderer. [Perhaps according to the Chazon
Ish (Sanhedrin #25, s.v. v’yesh l’ayen; Yoreh De’ah #69) who maintains
that an act which is mainly an act of saving life, like throwing an arrow
from the side of many to that of the individual, is permissible, placing
the pillow on the mouth of the baby was primarily an act of saving
lives as well.] However, according to Tiferes Yisrael (Oholos 7:6, Boaz
10) and the Vilna Gaon (ibid) in the name of Panim Me’iros (Vol. 3 #8)
perhaps it is allowed. So, too, in our case.
Even according to Tiferes Yisrael, one can ask: Why did they kill
Sheva ben Bichri and not make do with giving him over to Yoav? One
can answer according to Metzudos David (Shmuel 2 20:22) that they
were worried that he may slander the people of Avel and give them
over to Yoav and endanger their lives. See also Tractate Berachos (58a)
that a slanderer is considered a pursuer and it is permissible to kill
him.
1 SuMMaRy and Conclusions
To question 1:
For two reasons, they should not have ordered the armored per-
sonnel carrier to rescue the wounded who had a very small chance of
surviving:
1. It is forbidden to endanger the lives of the rescue staff if the
chances of saving the wounded are very low. Likewise, a physi-
cian should not endanger his life to save a patient whose chances
of survival are slim.
2. If the rescue or medical staff are wounded, there will be danger
for other wounded soldiers and civilians whose lives could be
saved, but there would be no one to do so. It would then turn
Saving the wounded when chances are slim 2 407