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you and I will give you into the hands of the enemy which is besieging
you.” (Vayikra 26:25) Rashi explains that since one does not leave the
dead unburied in Jerusalem, they will leave the city walls to bury their
dead and fall straight into the hands of their enemies. This demands
explanation. Can we say that since it is prohibited to leave the dead
unburied in Jerusalem, one is allowed to endanger oneself and fall
into the hands of the enemy?! It is hard to say they acted against the
halacha because Hashem would not write a tochachah warnings relat-
ed to that is connected to a prohibition.
Perhaps one can say that they were already in a state of danger
when the pestilence infected the city and killed them.
1 SuMMaRy and Conclusions
1. If a sick patient is lying in a place where it is dangerous to reach
him, according to the Talmud Yerushalmi, every person is obli-
gated to endanger himself to save his life from danger. Accord-
ing to the Talmud Bavli, one is exempt from placing himself in
danger, and that is the halacha.
2. This applies only if there are equal chances of life and death for
the rescuer. If chances are greater that the rescuer will remain
alive, he is obligated to endanger himself and save the patient’s
life.
And it seems to me that the way to assess this is as follows: If
a person, who values his life more than his money, would be
willing to take this chance of danger for some personal benefit –
such as running into fire to rescue his assets, or saving his assets
from thieves even though they may shoot – then he must also
be willing to endanger himself in this way to save the life of his
friend. But if the danger is great and one would avoid it even for
his own personal benefit, then he is exempt from endangering
himself in this way to save his friend.
3. When gentiles are besieging Jewish cities, one should go out to
save the Jews even if the chances of dying are equal to the chanc-
388 1 Medical-HalacHic Responsa of Rav ZilbeRstein
ben Bichri was in fact Nevat, father of King Yeravam, and
he saw fire coming out of his body, in an unnatural way,
which he interpreted as a hint from Heaven that he would
be king after King David. He saw but did not know what
he saw, for in truth, his son would be king and not he.]
“And he blew the shofar and said: we have no portion in
David and no inheritance with the son of Yishai, each man
to his tent, Israel. And all the people of Israel left David
and went after Sheva ben Bichri. And the men of Yehudah
cleaved to their king, from the Jordan until Jerusalem…
and they (Yoav and his troops) came and surrounded
Sheva ben Bichri in Avela Beis Maacah, and they poured
the dike toward the city and stood on the moat. And all
of Yoav’s men tried to break the wall. A wise woman
(Serach, daughter of Asher, according to Rashi) called
out from the city… And the woman said: Are you Yoav?
And he said: It is I… And she said… I am peace and the
steadfast of Israel, and you want to kill a city and a mother
of Israel! Why destroy the inheritance of the Lord? And
Yoav answered: Heaven forbid that I should swallow up
or destroy. The matter is not like that, because a man from
Har Ephraim… raised his hand against King David. Give
only him to me and I will go from the city. And the woman
said to Yoav, Here is his head thrown next to the wall. And
the woman came to the entire nation with her wisdom,
and they cut off the head of Sheva ben Bichri and threw it
to Yoav, and he blew the shofar and each man left the city,
each to his tent.
Tiferes Yisrael asks: Sheva ben Bichri did not intend for the peo-
ple of Avela to die because of him. If his only intention was to save
himself, how could they kill him? We are forced to say that since his
presence was liable to cause their death, he is considered a pursuer.
If so, should not the fetus also be considered a pursuer, since it is
causing the death of its mother?
Saving the wounded when chances are slim 2 401