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Tiferes Yisrael answers: Although Sheva ben Bichri’s intent was
not to pursue [to kill], he voluntarily caused the danger. Therefore,
we judge him as an intentional pursuer. Furthermore, he caused the
danger to the people of Avel by doing something contrary to halacha.
He resembles a forger of coins who endangers his brethren the Jews,
and whom it is permissible to hand over to gentiles, as explained in
the Rama (Choshen Mishpat #425:1). This is not the case of the fetus,
who is not intentionally endangering the life of its mother, and did
nothing contrary to halacha. This is nature, that a fetus comes out
from its mother’s womb. Therefore, he is not viewed as a pursuer.
[However, it seems to me, concludes Tiferes Yisrael, that in a case
where it is clear that if we do not kill the fetus, both mother and fetus
will die, perhaps it is permissible to kill the fetus in order to at least
save the mother’s life, like the story of Sheva ben Bichri (and as is
explained below in the answer to question 4).]
According to Tiferes Yisrael, it is not permissible to kill a pursuer
unless two conditions have been met: a) the pursuer willfully causes
danger and b) he acted contrary to the halacha. According to this, it
is permissible to kill a minor who is pursuing someone with intent to
kill, only if he intends to kill his friend. But a minor who is shooting
arrows and does not at all know what he is doing, is not viewed as
a pursuer. So, too, according to Tiferes Yisrael, one should not kill
the pilot because he did not cause danger willfully. The pilot acted
according to halacha and is not guilty of any sin. He could not have
known that his officer would make a mistake. [However according
to Meiri and the Torah scholars of the generations before him, the
mother herself is allowed to kill her fetus. The words “if the head
came out one may not touch it” apply to others. The mother, however,
is allowed to kill the fetus to save her own life. In this view, it is per-
missible for the soldiers themselves to kill the pilot.]
However, from the words of the Vilna Gaon, it seems that he does
not agree with Tiferes Yisrael. Regarding the law of the Rama (above),
that a forger has the status of a pursuer, the Vilna Gaon writes
(#388:74 and #425:11) that although the forger does not intend to
harm others, nevertheless, he is defined as a pursuer. He cites sources
402 1 Medical-HalacHic Responsa of Rav ZilbeRstein
despite his pain and anguish. Idle gossip is also common in wartime, #
when one might tell his officer that so-and-so is not on the battlefield
where he belongs, but is hiding or ran away.
There is a great novelty we have learned here from Sifrei D’vei Rav.
The Torah warns us that if one sees a gentile in the camp who is about
to kill his brother, he should not look aside and not violate “Do not
stand idly by the blood of your fellowman.” Even if one has to put
himself in danger from which he would normally be exempt from,
in this case, he is obligated. This is surprising. A person is forbidden
to put himself into definite danger to save the life of another person.
Why, during wartime, is he obligated to do so?
One must therefore say that he is referring to a situation where
it would be permissible for a person to endanger himself, such as in
order to save the people of Israel. As it says in the Yeshuos Yaakov
(Yoreh De’ah #157:1), it is permissible for a single person to endanger 20818_efi-ab - 20818_park-C_efi-ab | 14 - A | 18-08-20 | 13:46:25 | SR:-- | Magenta
his life to save the public at large, as we find in the case of Pappus and #20818_efi-ab - 20818_park-C_efi-ab | 14 - A | 18-08-20 | 13:46:25 | SR:-- | Yellow 20818_efi-ab - 20818_park-C_efi-ab | 14 - A | 18-08-20 | 13:46:25 | SR:
Lulianus, who sacrificed themselves to save the entire Jewish nation
(Tractate Taanis 18b). A Heavenly voice was then heard saying that
no one can stand in the place of those killed by the government. In
such a situation, when a person is allowed to endanger himself, it is a
mitzvah to do so during wartime. During wartime the Heavenly court
is deciding whether or not the Jews will be successful (Yerushalmi,
Shabbos 2:6).
In view of this, it seems that if the physician or medic are part
of the “camp,” they are enjoined to be especially scrupulous during
wartime. It is a mitzvah for them to save the lives of wounded soldiers
and sick civilians and it is a mitzvah to endanger oneself to save every
Jew (unless the danger is very great, in which case they are exempt).
One should add that obviously, one is only enjoined to endanger
oneself in order to save Jewish lives. The members of the burial so-
ciety are not allowed to endanger themselves to bury all the corpses
from the battlefield, unless leaving them about will lower the morale
of the soldiers.
My father-in-law, Rav Y. S. Elyashiv zt”l, pointed something out
based on the words of Rashi on the verse “I will send pestilence among
Leaving a Safe Place in Order to Save the Wounded 2 387