DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 464 KB)
Damaging Somebody’s Property for the Purpose of Saving a Life

The Shulhan Aruch, in the Hoshen Mishpat section (380), rules that a person may intentionally cause damage to somebody else’s property if this is necessary to save his life. An example of such a situation is a person who is bleeding profusely and is at risk of dying from loss of blood. A person in this situation may tear somebody else’s garment to use it as a tourniquet if this is necessary to stop the bleeding. However, he is required to pay the garment’s owner for the loss of the garment.

Similarly, a third party is allowed to damage somebody’s property in order to save another person’s life. For example, a medic at the scene of an accident may, if necessary, tear a bystander’s garment to use a tourniquet to stop the patient’s bleeding. Strictly speaking, according to Torah law, the medic would then be required to compensate the garment’s owner for his loss. However, the Sages were concerned that if a third party would be held liable for damages in these cases, people would be hesitant or unwilling to step in to save other people’s lives, fearing the financial repercussions. The Sages therefore enacted a provision exempting a person from liability for damages he caused to save another individual’s life. Hence, even though a person must pay for damages he caused to save his own life, a medic who causes damage to save a patient’s life is not required to pay compensation.

Summary: One may damage somebody else’s property to save his life, but he must then pay for the damages. However, a medic who damages somebody’s property to save a patient’s life is not liable to pay for the damage.

 


Recent Daily Halachot...
Berachot When Having Coffee and Cake
The Beracha for Mashed Potatoes, Eddge, French Fries, Pringles, and Potato Chips
What Beracha is Required for Small Pieces of Bread if Hot Soup Was Poured on Them?
Leaving Bread on the Table for Birkat Ha’mazon
Does One Recite “Ha’mosi’ on Bread in Soup?
The Beracha Aharona Over Wine Produced in Israel
Eating Dessert After Birkat Ha’mazon on Shabbat to Add Berachot
If One Dropped the Piece of Food Immediately After Reciting the Beracha
Reciting Berachot if One is Drinking or Eating Small Amounts Throughout the Day
Does a Beracha Recited Over a Fruit Cover Another Fruit That is Considered Superior?
If One Recited a Beracha Over Food and Then More Food Was Served
Must One Recite a Beracha Over Wine Drunk During a Meal?
If One Mistakenly Recited a Beracha Over Food When Eating is Forbidden
Does the Beracha of “She’ha’kol” Recited Over Food Cover Beverages?
An Incorrect Beracha That Was Immediately Corrected
Page of 239
3585 Halachot found