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...
“Ata Honantanu” and “Baruch Ha’mabdil” When Tisha B’Ab Begins on Mosa’eh Shabbat
At What Point After Tisha B’Ab Does Meat Become Permissible?
If Somebody Forgot to Add “Ata Honantanu” in the Amida When Tisha B’Ab is Mosa’eh Shabbat
Tisha B’Ab on Mosa’eh Shabbat – The Procedure for Habdala if One is Exempt from Fasting
Tisha BeAv- Is It Permissible To Learn Torah On Erev or Day of Tisha BeAv
Tisha B’av: Wearing Freshly Laundered Undergarments During the Week of Tisha B’av
Painting and Redecorating During the Nine Days
Tisha B'ab-The Fifteenth of Ab
The Prohibition Against Eating Meat During the Nine Days
Tisha B'av: Studying Torah on Ereb Tisha B'av
Tisha B'av: Must One Stand in Deference on Tisha B'av?
Tisha BeAv- Washing Dishes and Changing Sleeping Habits on Tisha BeAv
Tisha B’Ab – If a Bar Misva Boy Turns Thirteen on Tisha B’Ab That Falls on Sunday
The Nine Days –Wallpapering, Making New Purchases, and Eating Meat
Tisha B’Ab – Reciting “Nahem” During Minha
Page of 239
3585 Halachot found