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...
Speaking Words of Torah and Other Matters During a Meal
Reciting "Le'Shem Yichud" Before Performing a Mitzva
Is It Permissible or Required To Donate A Kidney To Save A Life
Recommended Procedures After Experiencing a Dream
Cutting Down Fruit-Bearing Trees
May a Yeshiva Accept a Child Born to a Jewish Mother and Non-Jewish Father?
Teaching Complex Matters of Halacha to Students Who Might Misunderstand
Announcing the New Month on the Shabbat Preceding Rosh Chodesh
Reciting Birkat Ha'levana Before Seven Complete Days Have Passed Since the Molad; Reciting Birkat Ha'levana Indoors
Some Halachot Concerning Hallel
Avoiding Items That Causes One To Forget His Learning
From The Concept of Havilot Havilot- Is it Permissible To Have One Sedua for 2 Siyumim
Eating or Drinking in a Synagogue or Beit Midrash
The Requirement of Mechitza During Prayer and Other Events
Foods and Substances One Must Avoid Due to Potential Risks
Page of 239
3585 Halachot found