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...
Does One Make Beracha Acharona If Immediately Followed By Netilat Yadayim, HaMotzih, and A Meal With Birkat HaMazon
If a Person is Uncertain Whether He Recited Birkat Ha'mazon
If a Person Mistakenly Recited 'Al Haetz' Instead of 'Al Hamiheya', One Who Cannot Remember Whether He Recited 'Al Hamiheya'
If a Person Mistakenly Recited Birkat Ha'mazon Instead of "Al Ha'miheya"
The Proper Sequence When One Must Recite Both "Al Ha'etz" and "Bore Nefashot"
Does One Recite a Beracha Over Coffee Drunk at the End of a Bread Meal?
Does One Recite a Beracha Over Baked Pastries Eaten for Dessert at a Bread Meal?
The Text Recited in the Conclusion of the "Beracha Me'en Shalosh"
Defining the Term "Beracha Me'en Shalosh"
Which Beracha Does One Recite Over Fruits and Vegetables Grown in a Pot or Grown Through Hydroponics?
If One Recited a Beracha Over Food at a Time When Eating is Forbidden, Should He Take a Bite?
Does One Recite a Beracha if He Eats on a Personal Fast Day, or if He Eats Stolen Food?
Does One Recite a Beracha if He Eats Before Reciting Kiddush on Shabbat or Before Praying in the Morning
Reciting a Beracha Acharona After Partaking of a Half-Ke'zayit of Apples and a Half-Ke'zayit of Grapes, or a Half-Revi'it of Wine and a Half-Revi'it of Water
One Who Mistakenly Recited "Ha'adama" Over Meat or Mushrooms
Page of 239
3585 Halachot found