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 Power of Speech
The Importance of Learning during the Summer
Respecting One’s Father When He Visits on Shabbat
Must One Stand for His Rabbi or Parent While he Studies Torah, Prays or Recites Birkat Ha’mazon?
When Must One Stand in His Parent’s Presence?
Standing Up for a Parent Who is One’s Student
Standing in the Presence of One’s Parent
Laws Pertaining to Meals: Etiquette for Guests and Hosts, and Torah Scholars Eating with an Am Ha’aretz
Are There Restrictions on Whom a Female Kohen May Marry?
If a Kohen Marries a Woman Forbidden for Him
May a Kohen Fly on a Plane That is Carrying a Dead Body?
May a Kohen Visit the Gravesite of a Sadik?
May a Doctor Who is a Kohen Perform Biopsies or be in the Same Room as Body Parts From a Living Person?
May a Non-Kohen Bless Somebody With Birkat Kohanim?
Reciting the Verse of “Vi’yhi Noam” Before Praying or Performing a Misva
Page of 239
3585 Halachot found