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...
Nidda – The Status of Stains Found on Colored Garments
Immersing in a Mikveh With Long Nails and Nail Polish (Part 2)
Immersing in a Mikveh With Long Nails and Nail Polish (Part 1)
If a Woman Did Not Immerse In The Mikveh on the Night After the Seventh Day
May a Woman Immerse in the Mikveh Before Sundown on the Seventh Day?
When May a Woman Begin Counting the Seven “Clean Days”?
If No Wine is Available Under the Hupa; The Recitation of Birkat Erusin
The Custom to Refrain From Eating Meat On the Day of Immersion In A Mikveh
Weddings in Synagogues
Laws and Customs of the Meal at a Wedding
Does the Officiating Rabbi Drink the Wine Under the Hupa?
Who Has the Right to Choose the Officiating Rabbi at a Wedding?
If the Sheba Berachot Were Recited Out of Order
The Great Rewards of Hachnasat Kalla – Helping a Couple Marry and Build a Home
Must the Hatan’s Family Lineage Appear in the Ketuba?
Page of 239
3585 Halachot found