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The Harcheiv Davar (Shemos 4:3) proves from the Mishnah 14
Commentary of the Rambam (Shabbos, Ch. 2) that if one desecrates
Shabbos because of fear of gentiles or bandits, even though it was not
a situation of pikuach nefesh, he is exempt from bringing an offering in
the Temple. His situation resembles a situation of coercion. So, too,
ruled the Rebbe of Rogatchov in a responsum (Tzofnas Paane’ach #39)
about a man who was seized with fear because of soldiers who had
suddenly entered the city, and he desecrated Shabbos even though his
life was not in danger. He was exempt from punishment because fear
is viewed as a situation of coercion. In view of this, if one is in the line
of fire in war and he is afraid and panicking, one cannot obligate him
with exile and atonement due to faulty reasoning.
1 AnsweR to Question 3
Now we come to rule on question 3: Is it permissible to kill a pilot
who is erroneously bombing his Jewish brethren, according to the law
of a pursuer, as it is written: “If someone is after you to kill you, kill
him first” (Sanhedrin 72a; Berachos 58a, 62a; Yoma 85b).
We learned in Sanhedrin (72b): Rav Huna said: If a minor is pur-
suing another minor to kill him (Rashi), one can save the pursued by
killing the pursuer. It is his view that a warning is not necessary here,
whether the pursuer is an adult or minor, because killing the pursuer
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,
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
is permitted to kill him, pulling one limb after another, in order to
save the mother’s life. However, once the baby’s head has emerged,
she is not allowed to touch him, since we do not kill one life in order
to save another.) The Gemara then asks why we do not view the baby
as a pursuer, endangering the mother’s life? (Oholos 7:6) Two answers
are given.
The Talmud Bavli, in Sanhedrin, says: “It is Heavenly pursuit,” and
the Talmud Yerushalmi (Shabbos 14:4) answers: “We do not know who
398 1 Medical-HalacHic Responsa of Rav ZilbeRstein
small? I should point out that there have been cases of Jewish
physicians, being merciful Jews, endangered themselves to save
gentile citizens. Did they act according to halacha?]
2. If I did not act in accordance with halacha, am I required to go
into exile and do I need atonement, like someone who killed
unintentionally? Killing an individual in order to save a lot of
people – Halachic questions regarding a pursuer
3. During the war, it happened that an Israeli plane began to bomb
and shoot in error against Israelis. There was no way to inform
the pilot of his error. Was it permissible to shoot down the
plane in order to prevent a great Jewish tragedy?
4. During the war, we discovered a satanic method that the terror-
ists had adopted for themselves: They took a Jewish prisoner
of war or Jewish citizens living in Lebanon and stood them in
front of them as a protective wall. They then shot at the Jew-
ish soldiers from behind this human wall, assuming that a Jew
would not kill a fellow Jew. What is the halacha in this case?
Should one return fire on the enemy, even though it is nearly
certain that the prisoner will be killed, or should they allow
themselves to all be killed, rather than actively killing a Jew who
has committed no sin?
Dr…., Regiment Commander
1 AnsweR to Question 1
The questions are difficult ones. May Hashem Yisbarach ensure that
we not need to ask them in the future, and may these answers serve
only to teach halacha but not be put into practice, G-d forbid.
We learn in Shulchan Aruch (Choshen Mishpat #426): If one sees
one’s friend drowning in the ocean or being attacked by bandits, and
is able to save him but does not, he violates the prohibition of “You
shall not stand idly by the blood of your fellowman.” The Talmud
Bavli and Yerushalmi differ on this rule. If the drowning person was
swept into the sea and will definitely drown if not rescued, is a rescuer
Saving the wounded when chances are slim 2 391