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always need to ask ourselves: What is the measure of profit or benefit To question 4:
of putting oneself in danger versus the loss which the concern for If it is clear that the prisoner will be killed sooner or later by the
danger causes? A woman is allowed to ask for a bill of divorce from terrorists, this is similar to the Tiferes Yisrael and Panim Me’iros (cited
her husband (Tractate Kesubos 64a) if she has no children, because by the Vilna Gaon in Oholos 7:6) whose opinions are that if it is clear
she can say “I need a staff in my hand and a spade for my burial.” We that both the mother and fetus will die, then it is permissible to kill
see from here that a child is viewed as a very great need, even if she the fetus so as at least to save the mother’s life. According to this, it is
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already has three children, and she is allowed to place herself in a little permissible to return fire even if it is nearly certain that they will kill
bit of danger in order to have a fourth child. Despite the fact that if the prisoner, since otherwise they will kill all of them.
the woman wanted to endanger herself for a mitzvah, we would stop According to Meiri and Chasdei Dovid, even if all will die, both
her from doing so since a person is not commanded to fulfill mitzvos the prisoner and the soldiers who are being shot at by the terrorists,
in a situation of danger, nevertheless, if she wants a child, which is a they should let themselves all be killed rather than actively killing the
great need, one should measure the negative loss versus the benefit or prisoner, because it is forbidden for a Jew to be a murderer. This is a
gain. Therefore, it seems that it is permissible for her to have another sin about which it is said “Yehareg v’al ya’avor” (be killed but do not
child. transgress).
So, too, do we find in the Sefer Yad Eliyahu (Lublin #43) that it If it is not clear that the prisoner will in any case be killed, there is
is permissible for a person to endanger himself for the words of To- no allowance to return fire if that will cause the death of the prisoner.
rah. As explained in Tractate Baba Kamma (61a) there were Sages
who gave up their lives for the words of Torah. However, the halacha
was not said in their name in the beis hamidrash. This implies that
they committed no sin, and this is because endangering oneself for
a great need is not considered contempt for one’s life, which would
negate the mitzvah of safeguarding one’s life. Therefore, regarding the
fourth pregnancy, since it is a great need to bring another child into
the world, it is not considered contempt for one’s life and there is no
violation of the mitzvah of safeguarding one’s life.

1 SuMMaRy and Conclusions

A woman has the right to become pregnant a fourth time in spite of
the possibility of danger during childbirth, for three reasons:

1. It is doubtful whether she will be endangered, and even if so,
perhaps she will recover.
2. One can perhaps rely on the majority to bring another Jew into
the world.
3. It is probably permissible to endanger oneself for a mitzvah if
the benefit is great.

380 1 Medical-HalacHic Responsa of Rav ZilbeRstein Saving the wounded when chances are slim 2 409