[Avodah] costa concordia

Eli Turkel eliturkel at gmail.com
Sun Apr 1 07:43:18 PDT 2012


On Sun, Mar 25, 2012 at 02:33:41PM -0400, Rich, Joel wrote:
: 1. Is the statement of the crew's obligation based on an "umdna" that
: this is what they get paid for? Is the expectation set by halacha or
: the company's training and employee's contractual obligations or is this
: some Halachic standard set outside of these agreements?

R. Ziulberstein understood that part of the wages of the crew and the
captain are to be in charge in times of emergency. He contrasted this with
a rebbe or rav kehilla or does not have such an obligation. He brought
several stories including the terrorists in Merkaz haRav and the Holocaust
that a Rav who takes care of talmidim at his own danger is considered a
chasid but he is not obligated, He further stated that a doctor in the
middle of an operation when missiles come or the enemy is entering the
hospital have a full right to leave in the middle of the operation. In all
these case in contradistinction to the crew a rebbe or doctor is not being
paid for the outside remote chance that there is a emergency of this nature.


: Bottom Line -- the horiyot priorities once again get treated as a tertiary
: methodology, unclear why.

Again R. Zilberstein said that the MIshna in Horiyot applies if one is
walking on a beach and sees people drowning in the river. The Costa
Concordia is different because the passengers paid for being on the boat
which includes a place on a lifeboat if needed.
Similarly if several people want to buy an article the mishna does not
apply. Here also each passenger has a monetary right to be on the lifeboat.
As such kedusha has no extra value. Only the laws of triage would apply.
Assuming all people are equal he felt that women and children are more
defenseless and so should be rescued first. I assume that if a woman were
an olympic swimmer she would not have extra privelges. He also assumed that
children and the old would panic easier and so disturb the saving of
people.

-- 
Eli Turkel
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