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...
Reciting Birkat Ha'gomel After Childbirth
Reciting Birkat Ha'gomel in Cases of a Recurring Illness, After Fainting, and After a Failed Suicide Attempt
Leaving a Sefer Open After One Finishes Learning
Adding "U'le'chaparat Pesha" in Musaf on Rosh Hodesh During a Leap Year
Birkat Ha'ilanot- Reciting Birkat Ha'ilanot Over the Same Person's Tree Each Year
Wearing A Kippa (Yarmulke)
Extending a Greeting of "Shalom" with One's Head Uncovered
Leaving a Portion of One's Home Unfinished to Commemorate the Temple's Destruction
Hallel: When During the Day May it be Recited, and May One Interrupt to Answer "Amen"?
May a Woman Kiss a Rabbi's Hand When She Approaches for a Blessing?
Employing the Medical Remedies Mentioned in the Talmud
Allowing a Child or Woman to Affix the Sisit Strings Onto a Tallit
When Is It Required and When Is It Not Required To Allow A Kohen To Bypass Waiting On A Line
Affixing the Sisit Strings to the Tallit with the Specific Intent for the Misva
Can A Teacher Punish and Can A Teacher Demand Of Their Students To Divulge A Culprit
Page of 239
3585 Halachot found