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den to save oneself using another person’s money, you, who are a king,
have the right to clear your own path [even through someone else’’s
property] and no one can protest.” Despite the Sanhedrin’s response,
David Hamelech declined to avail himself of this allowance and did
not burn the haystack, as it is written (ibid. 11-12), “The Philistines
were gathered together in a troop where there was a plot of land full
of lentils...and he stood inside the plot and defended it and smote the
Philistines.” Tosfos and the Rosh (Bava Kama ibid.) write that David
Hamelech’s doubt was whether he would have to pay the owner of
the haystacks for burning his property but he was in no doubt about
the actual burning of the haystacks [where the Philistines were hid-
ing]; it was clear to him that this was permitted since no prohibition
stands in the way of piku’ach nefesh besides the three cardinal sins.
However, Rashi explains that the question was whether the actual
burning of the haystacks was permitted and the Sanhedrin’s response
was that it is forbidden to steal money even to save lives.

There are authorities who disagree with the Binyan Tzion and
argue that it is illogical that the prohibition of stealing should not be
set aside when there is danger to life. They explain that the gemara
in Bava Kama – that concludes that it is forbidden to save oneself
using another person’s money – refers to a situation where there is
no certain danger, just a possibility of danger and possible piku’ach
nefesh doesn’t set aside stealing, according to Rashi.5

Now, according to Rashi there was no justification whatsoever for
stealing an additional thousand pounds from the bank, nor was there
any justification for lying in order to extort the bank’s waiver of the

5. The topic of stealing in situations of danger to life is discussed at length in
regard to several subjects. See earlier, siman 129,‘Response to Question Two,’ re-
garding tricking a patient into thinking that he is undergoing a blood test for his
own benefit when the blood is actually for another patient. See also siman 152,
regarding dissecting a body for the purpose of criticizing the medical treatment.
See also further, siman 297 regarding conducting an emergency landing in order
to save a patient from a slight risk of danger, when this will entail damage to the
other passengers. See the comments of Teshuvos Ha’elef Lecha Shlomo, that we
quote there.

382 1 Medical-Halachic Responsa of Rav Zilberstein