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The Harcheiv Davar (Shemos 4:3) proves from the Mishnah 14 small? I should point out that there have been cases of Jewish
Commentary of the Rambam (Shabbos, Ch. 2) that if one desecrates physicians, being merciful Jews, endangered themselves to save
Shabbos because of fear of gentiles or bandits, even though it was not gentile citizens. Did they act according to halacha?]
a situation of pikuach nefesh, he is exempt from bringing an offering in 2. If I did not act in accordance with halacha, am I required to go
the Temple. His situation resembles a situation of coercion. So, too, into exile and do I need atonement, like someone who killed
ruled the Rebbe of Rogatchov in a responsum (Tzofnas Paane’ach #39) unintentionally? Killing an individual in order to save a lot of
about a man who was seized with fear because of soldiers who had people – Halachic questions regarding a pursuer
suddenly entered the city, and he desecrated Shabbos even though his
life was not in danger. He was exempt from punishment because fear 3. During the war, it happened that an Israeli plane began to bomb
is viewed as a situation of coercion. In view of this, if one is in the line and shoot in error against Israelis. There was no way to inform
of fire in war and he is afraid and panicking, one cannot obligate him the pilot of his error. Was it permissible to shoot down the
with exile and atonement due to faulty reasoning. plane in order to prevent a great Jewish tragedy?
4. During the war, we discovered a satanic method that the terror-
1 AnsweR to Question 3 ists had adopted for themselves: They took a Jewish prisoner
of war or Jewish citizens living in Lebanon and stood them in
Now we come to rule on question 3: Is it permissible to kill a pilot front of them as a protective wall. They then shot at the Jew-
who is erroneously bombing his Jewish brethren, according to the law ish soldiers from behind this human wall, assuming that a Jew
of a pursuer, as it is written: “If someone is after you to kill you, kill would not kill a fellow Jew. What is the halacha in this case?
him first” (Sanhedrin 72a; Berachos 58a, 62a; Yoma 85b). Should one return fire on the enemy, even though it is nearly
We learned in Sanhedrin (72b): Rav Huna said: If a minor is pur- certain that the prisoner will be killed, or should they allow
suing another minor to kill him (Rashi), one can save the pursued by themselves to all be killed, rather than actively killing a Jew who
killing the pursuer. It is his view that a warning is not necessary here, has committed no sin?
whether the pursuer is an adult or minor, because killing the pursuer Dr…., Regiment Commander
is not a punishment, but the saving of the life of the pursued. Rav
Chisda asked Rav Huna: If a baby stuck out its head during birthing, 1 AnsweR to Question 1
one may not touch it, for we do not kill one person to save another.
(If a baby is endangering his mother’s life in childbirth, the midwife The questions are difficult ones. May Hashem Yisbarach ensure that
is permitted to kill him, pulling one limb after another, in order to we not need to ask them in the future, and may these answers serve
save the mother’s life. However, once the baby’s head has emerged, only to teach halacha but not be put into practice, G-d forbid.
she is not allowed to touch him, since we do not kill one life in order We learn in Shulchan Aruch (Choshen Mishpat #426): If one sees
to save another.) The Gemara then asks why we do not view the baby one’s friend drowning in the ocean or being attacked by bandits, and
as a pursuer, endangering the mother’s life? (Oholos 7:6) Two answers is able to save him but does not, he violates the prohibition of “You
are given. shall not stand idly by the blood of your fellowman.” The Talmud
The Talmud Bavli, in Sanhedrin, says: “It is Heavenly pursuit,” and Bavli and Yerushalmi differ on this rule. If the drowning person was
the Talmud Yerushalmi (Shabbos 14:4) answers: “We do not know who swept into the sea and will definitely drown if not rescued, is a rescuer

398 1 Medical-HalacHic Responsa of Rav ZilbeRstein Saving the wounded when chances are slim 2 391