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...
The Priceless Value of Serving as Sandak
The Connection Between Berit Mila and Speech
The Importance of the Berit Mila Meal and the Meal on the Friday Night Before the Berit
Which Kind of Kohen Should One Select for a Pidyon Ha’ben?
Pidyon Ha’ben – When is a Pidyon Required For a Firstborn Son?
Pidyon Ha’ben – May the Money be Given to a Kohenet?
The Pidyon Ha’ben Meal
If the Day of the Pidyon Ha’ben Falls on Shabbat, a Holiday, or a Fast Day
When Should a Pidyon Ha’ben be Performed for a Child Who Cannot Yet be Circumcised?
Using an Object of Value for Pidyon Ha’ben
Pidyon Ha’ben – If the Kohen Foregoes on the Money
May the Kohen Return the Money Received for a Pidyon Ha’ben?
Keeping One’s Word After Designating a Kohen for Pidyon Ha’ben
Pidyon Ha’ben – Appointing an Agent; Performing the Pidyon Far Away From the Baby
Naming a Baby at a Berit; the Permissibility of Naming an Ill Newborn Before the Berit
Page of 239
3585 Halachot found