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...
Tebilat Kelim – Must One Immerse a Can Opener or Nutcracker?
Immersing A Utensil Before Giving It As A Gift
Tebilat Kelim – The Status of Nutcrackers, Dentures, Utensils Purchased as Merchandise, and Utensils Made by a Gentile With a Jew’s Material
May One Keep in His Home a Utensil That Has Not Undergone Immersion?
The Proper Procedure for Immersing Utensils
Must a Convert Immerse His Utensils After Conversion?
Is It Permissible To Dip Kelim In Snow Rather Than A Mikveh
Tisha BeAv- The Amidah On Tisha BeAv
The Se’uda Mafseket When Tisha B’Ab Begins on Mosa’eh Shabbat
Must Pregnant and Nursing Women Fast When Tisha B’Ab is Delayed From Shabbat to Sunday?
Habdala For One Who Needs to Eat When Tisha B’Ab is Observed on Sunday
The Fifth Day of Av: The Yahrzeit of Rabbenu HaAri
The Procedure for Habdala When Tisha B’Ab is Observed on Mosa’eh Shabbat and Sunday
Tisha B'av- Preparing for Tisha B'av Which Falls Out On Mosa'eh Shabbat
The Status of the Week of Tisha B’Ab When it Falls on Sunday
Page of 239
3585 Halachot found