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...
Changing Places Within the Same Room During a Meal
Does One Recite a Beracha Before Eating Forbidden Food
The Beracha Over Sweet Bread
Does One Recite “Modeh Ani” in the Morning if He Was Awake Throughout the Night?
The Beracha Aharona if One Ate Cake and Rice
A Child's Obligation with Respect to Birkat Hamazon
A Beracha Recited by an Ashkenazi Which Sepharadim Do Not Recite
Determining the Quantity of "Ke'zayit" in Some Common Snack Foods
The Berachot Before and After Eating Cake and Coffee
Using a Microphone for Zimun
Does One Recite a Beracha Before Eating Ice Cream or Ices for Dessert?
The Minimum Quantity Requiring a Beracha Aharona in Some Common Foods
If There Is No Wine Available for Havdallah
If One Ate as He Drove, Must He Recite a New Beracha at His Destination?
Talking and Answering Amen Before Eating But After Making A Beracha Rishona
Page of 239
3585 Halachot found