Page 397 - 20818_park-c_efi

the wise woman restored the Sanhedrin, who ruled that he rebelled not obligate a person to take a 40% chance of death in order to save
against the royal Kingdom of King David. his fellow.

In the Sefer Chasdei Dovid on the Tosefta, he writes that there is no Rather, the Radvaz’s implication is that any level of danger which
argument between Rav Yehudah and Rav Shimon. Each one offered a person is prepared to take upon himself for his own benefit, such
his opinion, and the two opinions do not contradict but complete as for monetary profit or honor, and the person assumes he will stay
each other. His proof is that based only on Rav Yehudah’s opinion, it alive and emerge from the danger unharmed, then he is obligated to
would have been correct to hand him alive to Yoav, as he requested, endanger himself in this way in order to save the life of his friend as
“Give me just him alone.” How did they know that they could violate well.
an additional prohibition by cutting off his head? If they were permit- The reason for this is because regarding the verse “Do not stand
ted to indirectly cause his death, does that also allow them to kill him idly by the blood of your fellowman,” (Vayikra 19:16) Rashi explains
directly? [Two sins are committed when one kills: a) Killing a Jewish (Tractate Sanhedrin 73a): Do not worry for yourself but examine all
life b) Making a Jew into a murderer. In other words: a) it is forbidden options in attempting to save the life of your friend. Meaning, a per-
to spill Jewish blood even by causation, meaning, it is forbidden to son has to do whatever he can and sacrifice whatever he is would be
hand over a Jew to gentiles to be killed. All have to be killed rather willing to sacrifice for his own benefit for another. He must do for
than doing this, because handing him over causes the shedding of the other the maximum he would do for his own interests. Therefore,
if he was willing, in order to advance his own interests, to immerse
innocent blood. This does not apply if no matter what, all will be
killed, in which case handing him over did not cause bloodshed. a) in mighty waters, to climb high and dangerous places, or to commit
actions that are liable to land him in prison, although such acts may
The actual act of killing is something for which there is no allowance be fraught with danger, then he is obligated to undertake the same
and this is a serious transgression which the Torah prohibits, that a amount of danger in order to save his friend’s life. Obviously, he is
Jew should not be a murderer. And about this it is writtem that one willing to do these things for a purpose since the assumption is that
must be killed rather than transgress. This applies even in the case he will remain alive. And this is the intent of Radvaz: If the chances
where all would be killed either way, just as it is forbidden to reveal lean more to emerging alive, then a person is obligated to undertake
ervah or serve idols even at the cost of death. That is why Chasdei the danger in order to save his friend’s life.
Dovid believes it is not reasonable to say that they cut off his head However, if the danger is so great that a person fears it and would
based on Rav Yehudah’s reasoning that either way they would all have not endanger himself even for a fortune of money, such as to jump off
been killed. This reasoning would not be sufficient to allow cutting a very high place or run into gunfire, then a person is not obligated to
off his head.]
assume such danger to save his friend.
The Meiri similary clarifies: The dictum “How do you know that [An example of this measure of danger is found in the words of
your blood is redder than his?” applies only if the gentile says “Kill the Sha’ar Hatziyun, (#156:3) which says that a person has to make his
so-and-so and if not I will kill you.” But if he says “Kill so-and-so and profession temporary and his trade permanent and work at his trade
if not I will kill both of you,” it is permissible to kill him. However, or profession only as much as he needs for a livelihood and not for
even in this case, it is only permissible to hand him over. Perhaps the luxuries. So that his evil inclination not convince him that luxuries
captor will accept ransom or have mercy on him. Killing him directly are essential, Sha’ar Hatziyun gives us the way to measure this. A
is still forbidden. It other words, it is explained by the Meiri that even person should ask himself how he would see these things if he was

406 1 Medical-HalacHic Responsa of Rav ZilbeRstein Leaving a Safe Place in Order to Save the Wounded 2 383

14

# 20818_efi-ab - 20818_park-C_efi-ab | 14 - A | 18-08-20 | 13:46:25 | SR:-- | Magenta #20818_efi-ab - 20818_park-C_efi-ab | 14 - A | 18-08-20 | 13:46:25 | SR:-- | Yellow 20818_efi-ab - 20818_park-C_efi-ab | 14 - A | 18-08-20 | 13:46:25 |