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intent is that perhaps the mother’s narrow body is not allowing the es of staying alive, because it is a mitzvah to endanger oneself to
to fetus come out. In other words, if we knew with certainty that it save many people of Israel.
is the fetus who is the pursuer and there is no pursuit on the part of 4. If the physician is part of the war-camp, he has to be stringent
the mother, we would kill the fetus. According to this analysis, in our (according to Sifri D’vei Rav) and to endanger himself in order
case, where we know with certainty that the pilot is the pursuer, and to save the others, even though he would be exempt in peace-
not the soldiers, it is permissible to kill him. time. (Obvioulsy, if the chance that he will die is greater than

After looking at Tiferes Yisrael (Oholos 7:6, Boaz 10), however, I see the chance that he will stay alive, he should not do this.)
that the matter is not so. He explains “it is an act of Heavenly pursuit”
as follows: The fetus has no intent to kill its mother and is not guilty 
of any sin. Heaven arranged that the mother should be endangered by
childbirth. A minor pursuing his friend to kill him, however, is very
different. Although he is not yet subject to punishments, his intent is Burial of Corpses Left on the Battlefield in a
to kill his friend and he is a murderer. Therefore, we consider him a Neighboring Field
pursuer. According to Tiferes Yisrael it emerges that if the minor had
no idea that a loaded pistol could kill his friend, he is not a pursuer 1 Question
and it is forbidden to kill him. In light of this, this pilot who has no
idea that he is killing is like the fetus. It is thus considered that heav- If, G-d forbid, soldiers are killed on the battlefront and their bodies
en arranged for this pursuit, and it is forbidden to kill him. [Killing contaminated by chemical weapons, anyone who touches them with
one person to save many others is forbidden, as explained in Meiri unprotected hands is endangered. Is it permissible to bury them
(Sanhedrin 72b): “It is forbidden for a person to save his own life by where they were killed, even if their identity has not been established?
taking the life of his friends nor many at the expense of the life of an
individual. (Eighth chapter of Terumos)] 1 AnsweR

These are the words of Tiferes Yisrael: Certainly one should bury the dead, even without identification so as

In Shmuel 2 (Ch. 19-20) it is related that when King David not to cause danger to the living. Perhaps one can take photographs
returned to Jerusalem after he killed Avshalom, the tribe of or gather other recognizable marks or items that are on the body.
Yehuda and part of the nation of Israel brought the King
from the other side of the Jordan river to Jerusalem. The
other tribes of Israel were upset, saying to King David,
“Why did you steal our brothers, the tribe of Yehuda?” In
other words, why did you not notify the rest of the tribes,
so they could participate in the return of the king to his re-
gal throne? “And there was a rebellious man named Sheva
ben Bichri there, of the tribe of Binyamin.
[Our Sages say (Tractate Sanhedrin 101b) that Sheva

400 1 Medical-HalacHic Responsa of Rav ZilbeRstein Leaving a Safe Place in Order to Save the Wounded 2 389