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to deliver to you, your enemies before you and your camp will be for his view from Tractate Baba Kamma, (117b) where it says that if a
holy and there will not be seen any unseemly thing and and He will person brings a donkey onto a ship and the donkey caused the boat to
turn away from you.” And we learned in Sifri (Devarim, Piska #254): sink, the donkey owner is viewed as a pursuer, even though his intent
“You shall safeguard yourself from all evil” refers to ritually pure and was not to endanger the passengers. Also it says in Tractate Sanhedrin
impure things and tithes, but the Talmud says that here it refers to (above) that an explanation is needed for “it is Heavenly pursuit” and
forbidden sexual relations. From where do we learn that this also in- it is not sufficient to say that the fetus did not intend to endanger its
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cludes idolatry and murder and the curse of the Lord? From the fact mother. This differs from the understanding of the Tiferes Yisrael that
that the Torah says, “You shall safeguard yourself from all evil.” Just “Heavenly pursuit” means that he had no intention to kill (the fetus
as forbidden sexual relations caused the Canaanites to be exiled and had no intent to kill its mother).
drove away the Divine Presence, so too, included here is any act for However, in Shitah Mekubetzes (Baba Kamma, ibid) it says in the
which the Canaanites were exiled and the Divine Presence withdrew. name of Rav R. Yehonasan: If the donkey owner knew his business
The word “davar” includes gossip (lashon hara). (End of quote.) was bad, he is defined as a pursuer. This sounds as though he agrees
Sifrei D’vei Rav (by Rav Dovid Pardo) discusses the question: with Tiferes Yisrael, that one who acts unintentionally is not consid-
Why does the war-camp require a special warning against these evils? ered a pursuer. See also Shach (Choshen Mishpat #380:8) and Taz
He answers that the Torah is warning even against things that are (ibid) who write that the donkey owner is the pursuer because he
only Rabbinically prohibited in order to distance people from sin. For should have known that when taking a donkey on a ship, the donkey 14
example, one should not wash in or drink water which has gathered could jump and endanger the ship. According to their words, there is
from rain showers because it looks like kissing an idol. Also, one no difficulty with Tiferes Yisrael from the words of the Vilna Gaon
should not look at a gentile woman and similar things which are only (above) because his main intent is to clarify that although the forger
Rabbinically prohibited since the Torah does not specifically prohibit did not intend to pursue his brothers, nevertheless, his act of forgery
them. In a war- camp, the Torah warns us to avoid all sinful behav- was done with full knowledge and willingly.
ior. In terms of murder, the Torah is not warning us against actually And I heard from my father-in-law, Rav Y. S. Elyashiv zt”l, that
killing, but rather enjoining us not to violate the prohibition “Do not even if we do not accept the words of Tiferes Yisrael but explain the
stand idly by the blood of your fellowman” if we see a gentile about topic by its simple meaning – that a minor pursuing his friend, is a
to kill a Jew. One should intervene to save the life of his fellow Jew, pursuer, since anyone who brings about his friend’s death is a pursu-
even if the gentiles are many, and even if during peacetime, one would er and it is permissible to kill him, unless he is being compelled by
be exempt from endangering oneself in this way. Nonetheless, during heaven to do so – it’s possible that we still would not be permitted
wartime, one is obligated to do so. The Torah also warns against caus- to kill the pilot. One cannot call him a “pursuer” to kill fellow Jews,
ing any unnecessary bloodshed, such as sending his friend into the at the very time that he is out to save them, and even endangering his
war zone, even though it would be unintentional causation. In war- own life for their sake. And he added that even if the rescuer is not
time, we require extra shemirah. The Torah specifically warns against endangering his own life, but his purpose is to save lives, even then,
those things that are common in wartime, when one is exposed to idol it is prohibited to kill him. This is similar to a story that occurred at
worship and women. “Cursing of the Lord” is not to be understood the time of the Chasam Sofer. A maidservant fainted and her mistress
literally, but rather as referring to anything negative spoken against quickly poured water into her mouth to revive her. Because of the
the Lord. One should not sin with his mouth in this way if he is hit, confusion, she erred and poured gasoline into her mouth. If a by-

386 1 Medical-HalacHic Responsa of Rav ZilbeRstein Saving the wounded when chances are slim 2 403