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...
Is it Permissible to Drink Wine or Grape Juice on Ereb Pesah?
Pesah – Bedikat Hametz After the Home Was Thoroughly Cleaned
Pesah – Verbally Designating Meat for Pesah
Passover- Laws of Matza: the Use of Machine Matza or Matza Made from Oats; the Beracha Over Matza; Dipping Matza in Water; Eating Matza Throughout Pesach
Pesah – The Fourth Cup of Wine at the Seder
Pesah – The Reason for Dipping Celery in Saltwater
Pesah- The Prohibition Against Eating Masa on Ereb Pesah
Pesah – Bringing Books to the Table, Using Tablecloths
Pesah – Halachot of Karpas; Reciting “Kadesh U’rhatz…” Before Each Stage of the Seder
Passover- Eating Rice on Pesah
Passover- The Fast of the Firstborn on Ereb Pesah
Ereb Pesah – Customs Regarding the Burning of Hametz; Refraining From Work on Ereb Pesah
Passover- Eating The Afikoman on Pesach Night
Passover- Buying Hametz After Pesah; Giving the Gentile Access to One’s Hametz During Pesah
The Proper Way to Dip the Marror in the Haroset
Page of 239
3585 Halachot found