[Avodah] risk-taking limits

Dr. Josh Backon backon at vms.huji.ac.il
Tue Mar 6 08:49:33 PST 2007


>Well, in fairness to the other point of view, there probably IS some
>question as to how much you are obligated to put yourself at such risk,
>and probably also questions as to whether you are allowed to take such
>risks.

Here's my post from SCJM from 2 years ago on placing oneself in danger
[I'm also going to cross-post this to AVODAH]

Halachic discussion on danger has ranged from diets (Iggrot
Moshe CM II 65), aesthetic plastic surgery (IM CM II 66,
Chelkat Yaakov III 1, Minchat Yitzchak VI 105 #2, Tzitz
Eliezer XI 41), performing a mitzva (e.g. drinking wine
at Seder for someone with a severe allergy to wine (Halacha
u'Refuah Sefer Daled p. 125), undergoing risky medical
procedures (Shvut Yakov III 75; Achiezer II 16 #6; Binyan
Tzion I 111; Beit Meir YD 339 #1; Yad Halevi I YD 207; Harav
Unterman in NOAM Vol. 13, p. 5; Tzitz Eliezer IV 13 and X 25
#17; Shearim Metzuyanim B'Halacha 190 s"k 4; Mor u'Ktziya 328),
volunteering for medical research, and others.

ENDANGERING ONE'S LIFE TO SAVE SOMEONE ELSE: This is
discussed in Choshen Mishpat 426:1. Although the Yerushalmi
indicates that a person MUST place himself in a *possible*
risk in order to save someone else, see the SM"A there that
this isn't brought down since most Rishonim didn't hold this
way.

HOWEVER: the Pitchei Tshuva CM 426 s"k 2 indicates that although
a potential rescuer should evaluate risks, he shouldn't be
overly cautious. The Mishna Brura OC 329:19 states that there
is no obligation in risking one's life to save another but still
does mention this Pitchei Tshuva. More relevant is the Tzitz
Eliezer XIII 100 who rules that in time of war, one may take
extraordinary risks in order to save others. Rav Elyashiv in
his Kovetz Tshuvot #124 (re: doctors' chiyuv to treat everyone
any time of day or night) states that one must undergo pain
and suffering in order to save the life of someone else (he
does mention the Rambam in Sefer hamitzvot Lo Taaseh #297 and
the SM"A in CM 426 quoting the Yerushalmi).

PIDYON SHEVUYIM?
On the one hand, halacha (YD 252) holds that Pidyon Shevuyim
is the highest mitzva. Needless to say this refers to live
humans who are being mistreated (Rambam indicates those who
are starving, in tatters). On the other hand, we have the case
of Maharam mi'Rottenberg who forbade his disciples from ransoming
him from jail (7 years) and from ransoming his body (14 years)
to prevent blackmail of the Jewish community.

YAVESH GILAD:
The only historical precedent I could find for endangering
one's life to retreive body parts is the story told in
Shmuel Alef 31 (and in Divrei haYamim Alef 10:12) about the
residents of Yavesh Gilad who risked their lives to retrieve
the body parts of Shaul HaMelech and his sons who were killed
in battle with the Pelishtim. I checked all the mefarshim in
both places and the only relevant one was Rashi in Divrei
HaYamim who specifically indicates how the residents of Yavesh
Gilad MASRU ATZMAM B'SAKANA. Since Rashi makes no negative
comment about their actions (and indeed seems to praise it)
it looks like it's permissible to endanger one's life to retrieve
body parts for kevurat yisrael.

Josh







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