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Tiferes Yisrael answers: Although Sheva ben Bichri’s intent was despite his pain and anguish. Idle gossip is also common in wartime, #
not to pursue [to kill], he voluntarily caused the danger. Therefore, when one might tell his officer that so-and-so is not on the battlefield
we judge him as an intentional pursuer. Furthermore, he caused the where he belongs, but is hiding or ran away.
danger to the people of Avel by doing something contrary to halacha. There is a great novelty we have learned here from Sifrei D’vei Rav.
He resembles a forger of coins who endangers his brethren the Jews, The Torah warns us that if one sees a gentile in the camp who is about
and whom it is permissible to hand over to gentiles, as explained in to kill his brother, he should not look aside and not violate “Do not
the Rama (Choshen Mishpat #425:1). This is not the case of the fetus, stand idly by the blood of your fellowman.” Even if one has to put
who is not intentionally endangering the life of its mother, and did himself in danger from which he would normally be exempt from,
nothing contrary to halacha. This is nature, that a fetus comes out in this case, he is obligated. This is surprising. A person is forbidden
from its mother’s womb. Therefore, he is not viewed as a pursuer. to put himself into definite danger to save the life of another person.
[However, it seems to me, concludes Tiferes Yisrael, that in a case Why, during wartime, is he obligated to do so?
where it is clear that if we do not kill the fetus, both mother and fetus One must therefore say that he is referring to a situation where
will die, perhaps it is permissible to kill the fetus in order to at least it would be permissible for a person to endanger himself, such as in
save the mother’s life, like the story of Sheva ben Bichri (and as is order to save the people of Israel. As it says in the Yeshuos Yaakov
explained below in the answer to question 4).] (Yoreh De’ah #157:1), it is permissible for a single person to endanger 20818_efi-ab - 20818_park-C_efi-ab | 14 - A | 18-08-20 | 13:46:25 | SR:-- | Magenta
According to Tiferes Yisrael, it is not permissible to kill a pursuer his life to save the public at large, as we find in the case of Pappus and #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 | SR:-- | Black 20818_efi-ab -
unless two conditions have been met: a) the pursuer willfully causes Lulianus, who sacrificed themselves to save the entire Jewish nation
danger and b) he acted contrary to the halacha. According to this, it (Tractate Taanis 18b). A Heavenly voice was then heard saying that
is permissible to kill a minor who is pursuing someone with intent to no one can stand in the place of those killed by the government. In
kill, only if he intends to kill his friend. But a minor who is shooting such a situation, when a person is allowed to endanger himself, it is a
arrows and does not at all know what he is doing, is not viewed as mitzvah to do so during wartime. During wartime the Heavenly court
a pursuer. So, too, according to Tiferes Yisrael, one should not kill is deciding whether or not the Jews will be successful (Yerushalmi,
the pilot because he did not cause danger willfully. The pilot acted Shabbos 2:6).
according to halacha and is not guilty of any sin. He could not have In view of this, it seems that if the physician or medic are part
known that his officer would make a mistake. [However according of the “camp,” they are enjoined to be especially scrupulous during
to Meiri and the Torah scholars of the generations before him, the wartime. It is a mitzvah for them to save the lives of wounded soldiers
mother herself is allowed to kill her fetus. The words “if the head and sick civilians and it is a mitzvah to endanger oneself to save every
came out one may not touch it” apply to others. The mother, however, Jew (unless the danger is very great, in which case they are exempt).
is allowed to kill the fetus to save her own life. In this view, it is per- One should add that obviously, one is only enjoined to endanger
missible for the soldiers themselves to kill the pilot.] oneself in order to save Jewish lives. The members of the burial so-
However, from the words of the Vilna Gaon, it seems that he does ciety are not allowed to endanger themselves to bury all the corpses
not agree with Tiferes Yisrael. Regarding the law of the Rama (above), from the battlefield, unless leaving them about will lower the morale
that a forger has the status of a pursuer, the Vilna Gaon writes of the soldiers.
(#388:74 and #425:11) that although the forger does not intend to My father-in-law, Rav Y. S. Elyashiv zt”l, pointed something out
harm others, nevertheless, he is defined as a pursuer. He cites sources based on the words of Rashi on the verse “I will send pestilence among

402 1 Medical-HalacHic Responsa of Rav ZilbeRstein Leaving a Safe Place in Order to Save the Wounded 2 387