Page 415 - 20818_park-c_efi

you and I will give you into the hands of the enemy which is besieging ben Bichri was in fact Nevat, father of King Yeravam, and #
you.” (Vayikra 26:25) Rashi explains that since one does not leave the he saw fire coming out of his body, in an unnatural way,
dead unburied in Jerusalem, they will leave the city walls to bury their which he interpreted as a hint from Heaven that he would
dead and fall straight into the hands of their enemies. This demands be king after King David. He saw but did not know what
explanation. Can we say that since it is prohibited to leave the dead he saw, for in truth, his son would be king and not he.]
unburied in Jerusalem, one is allowed to endanger oneself and fall “And he blew the shofar and said: we have no portion in
into the hands of the enemy?! It is hard to say they acted against the David and no inheritance with the son of Yishai, each man
halacha because Hashem would not write a tochachah warnings relat- to his tent, Israel. And all the people of Israel left David
ed to that is connected to a prohibition. and went after Sheva ben Bichri. And the men of Yehudah
Perhaps one can say that they were already in a state of danger cleaved to their king, from the Jordan until Jerusalem…
when the pestilence infected the city and killed them.
and they (Yoav and his troops) came and surrounded
Sheva ben Bichri in Avela Beis Maacah, and they poured
1 SuMMaRy and Conclusions the dike toward the city and stood on the moat. And all
of Yoav’s men tried to break the wall. A wise woman
1. If a sick patient is lying in a place where it is dangerous to reach (Serach, daughter of Asher, according to Rashi) called 20818_efi-ab - 20818_park-C_efi-ab | 14 - B | 18-08-20 | 13:46:25
him, according to the Talmud Yerushalmi, every person is obli- out from the city… And the woman said: Are you Yoav? #20818_efi-ab - 20818_park-C_efi-ab | 14 - B | 18-08-20 | 13:46:25
gated to endanger himself to save his life from danger. Accord- And he said: It is I… And she said… I am peace and the
ing to the Talmud Bavli, one is exempt from placing himself in steadfast of Israel, and you want to kill a city and a mother
danger, and that is the halacha. of Israel! Why destroy the inheritance of the Lord? And

2. This applies only if there are equal chances of life and death for Yoav answered: Heaven forbid that I should swallow up
the rescuer. If chances are greater that the rescuer will remain or destroy. The matter is not like that, because a man from
alive, he is obligated to endanger himself and save the patient’s Har Ephraim… raised his hand against King David. Give
life. 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
And it seems to me that the way to assess this is as follows: If the woman came to the entire nation with her wisdom,
a person, who values his life more than his money, would be and they cut off the head of Sheva ben Bichri and threw it
willing to take this chance of danger for some personal benefit – to Yoav, and he blew the shofar and each man left the city,
such as running into fire to rescue his assets, or saving his assets each to his tent.
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 Tiferes Yisrael asks: Sheva ben Bichri did not intend for the peo-
friend. But if the danger is great and one would avoid it even for ple of Avela to die because of him. If his only intention was to save
his own personal benefit, then he is exempt from endangering himself, how could they kill him? We are forced to say that since his
himself in this way to save his friend. presence was liable to cause their death, he is considered a pursuer.
3. When gentiles are besieging Jewish cities, one should go out to If so, should not the fetus also be considered a pursuer, since it is
save the Jews even if the chances of dying are equal to the chanc- causing the death of its mother?

388 1 Medical-HalacHic Responsa of Rav ZilbeRstein Saving the wounded when chances are slim 2 401