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...
Purim – If Somebody Will Not Have Access to a Megila on Purim
Purim – If a Person is Able to Read the Megila Only Once on Purim
Purim – The Preference For an Eleven-Line Megilla
Seudat Purim- Proper Time for the Meal, and The Foods of Purim
Purim- Taanit Esther
Purim – The Importance and Obligation of Matanot La’ebyonim
Purim- Skipping “Al Ha’nissim” In Order to Recite “Nakdishach”
The Meaning and Halachot of Ta’anit Ester
Purim- Learning Torah on the Day of Purim and Is It Permissible To Celebrate 2 Mitzvot with One Seuda
Fulfilling Matanot La’ebyonim on Purim by Foregoing on a Loan, Paying a Poor Person’s Debt, or Writing a Check
Purim- Prioritizing Matanot La’ebyonim Over the Other Misvot of Purim
May A Megilat Esther Be Written By A Woman
Singing "Mi Chamocha Ve'en Kamocha" on Shabbat Zachor
Purim- The Laws & Importance of Matanot La'evyonim
Purim: Take Hair Cut on Purim Day & Reading the Megila with Many People
Page of 239
3585 Halachot found