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stander watching recognized the mistress’s error, as someone who is we desecrate Shabbos to kill them. It is a mitzvah for every Jew who is
out to save another but in fact killing them, he would probably be for- able to go out to fight and to save his brethren in the siege from their
bidden to kill her. Likewise, even according to the Talmud Yerushalmi enemies. It is forbidden to tarry until after Shabbos.
(above), the person is out to save a life, he may not be killed because a The question then arises: Why is every Jew obligated to go out
rescuer is not a pursuer. with weapons to save his brothers in the siege? He is going into a
One can add to the words of my father-in-law, which are clear to life-threatening danger. We are therefore forced to say that in war-
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the eye. We find that the Sages sought to protect he who seeks to save time the halacha is different. Perhaps in order to save many people,
a life in several ways: every Jew is obligated to expose himself to that great danger, as is
a) If he damaged unintentionally, he is exempt in a human court, as written in Zair Zahav (in his commentary on Issur V’heter, Hilchos
explained in Tosefta (Baba Kamma 6:6) and in Shulchan Aruch Pikuach Nefesh #29:21). Kovetz Shiurim is uncertain about this matter
(Yoreh De’ah #336:1). (Kesubos #9) and proves this from the way that Queen Esther placed
herself in possible great danger when she went to see the Achashvero-
b) A pursuer running after a pursuer who broke utensils is exempt sh uninvited, in order to save all the Jews.
(Sanhedrin 74a), for if this were not so, no person would ever Therefore, in our case, if a medic or a physician is in a safe place
run after a pursuer to save his friend.
and sees a wounded soldier in the line of fire, it is a mitzvah for him
Also, in our case, the pilot is trying to save the Jews from the ene- to leave his place and save the wounded. During wartime, one is ob-
my pursuing them, and erred and dropped bombs on his fellow Jews. ligated to assume possible danger in order to save the lives of others.
Perhaps it is proper to rule that the pilot not be killed, so that others There is an additional reason for this also. If the soldiers knew that
don’t hold back from saving. This requires further study. the medic would not leave his safe place in order to save their lives,
they would fight in fear, dread, laxity, and poor spirit, and the war
1 AnsweR to Question 4 could end, Heaven forbid, with danger to all the Jews.
What happens, if at a time when our enemies lay siege to Jewish
Now we come to rule on question 4: Is it permissible to return fire on towns, a civilian becomes sick? Is the physician obligated to enter
terrorists if we know that by doing so, a Jewish prisoner will be killed. a place of danger under enemy fire to treat and save the patient? It
We will first address the following question: seems to me that here we apply the rule of Radvaz. If the danger were
During the Holocaust, the following terrifying anecdote took such that a person would enter it for his own personal benefit, then he
place: A group of Jews were hiding in a bunker, and sensed that the is obligated to enter it in order to save the life of his friend. But if the
Nazis were about to discover them. All the Jews held their breath so danger is so great that a person is afraid of it and would not enter it
that they should not be discovered. Suddenly, a baby began crying. for his own personal benefit, then he is exempt from doing so to save
His father closed his mouth with a pillow. When he removed the pil- the sick civilian.
low, the baby was dead. He asked whether or not he needs to go into However, we must judge the matter, for it is possible that in times
exile and needs atonement for unintentionally killing his son? of war one is obligated to endanger himself even for sick civilians.
One cannot rule that the baby was a pursuer according to the The Torah says (Devarim 23:10 & 15), “When you go forth in camp
Tiferes Yisrael because it did not intentionally cause danger and the against your enemies, then you shall safeguard yourself from all evil
baby did nothing against the halacha. (davar ra). For the Lord, your G-d, walks in the midst of your camp,

404 1 Medical-HalacHic Responsa of Rav ZilbeRstein Leaving a Safe Place in Order to Save the Wounded 2 385