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first thousand pounds. Even if we say that stealing is permitted when
there is certain piku’ach nefesh even according to Rashi, in our case
there was no certainty that the clerk would have carried out his threat
so there is no certain piku’ach nefesh here, at most a possibility.6

And even according to Tosfos who allow stealing in order to save
life even when the danger is uncertain, stealing would not be permit-
ted in this case. Only when an enemy is hiding behind a haystack and
shooting arrows at Jews is it permitted to burn down the haystack
with the intention of reimbursing the owner for his loss, for such a
situation is defined as piku’ach nefesh which sets aside Torah prohibi-
tions. This is not the case with the bank clerk who resolves to end to
his life out of embarrassment. Even if we decide he was acting under
compulsion and will not be punished by Heaven [for killing himself ],
his situation is not one of piku’ach nefesh because there is nobody
here who wants to kill him. He is regarded as an annus, whom the
Torah exempts from punishment but there is no allowance to deprive
other people of their money on account of his dire circumstances.

It therefore seems that if the lawyer wants to save the clerk in this
manner he must first get the clerk to sign an I.O.U. and ensure that
he will return the thousand pounds to the bank. It might still be for-
bidden because the Torah prohibition against stealing also applies to
stealing with the intention of repaying, as it stated in the Shulchan
Aruch (Choshen Mishpat 348:1). Possibly though, this prohibition is
set aside when there is danger to life because the bank will ultimately
recover the money. Although the Torah forbids the very act of steal-
ing, this may resemble other Torah prohibitions that can be violated
in order to save a Jewish life. This is particularly relevant according to
the opinion of the Shitah Mekubetzes (Bava Metzia 61a) that stealing
with the intention of repaying is only forbidden by rabbinic decree.

6. I have heard the professional opinion of Dr. Dov Daromer [a specialist in Psy-
chiatry and Psycho-geriatrics in Kefar Shaul Hospital, Jerusalem] that people
attempting suicide often leave some opening whereby they can be rescued e.g.
timing their suicide attempt for when family members are supposed to return
home.

Lying to Prevent Suicide 2 383