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...
"Zugot’- Is The Concept of Avoiding 2 (Pairs) Proper or A Myth
Is It Permissible To Bury a Woman Next to a Man If Other Than Their Spouse
Blood On The Hands From Performing A Mitzvah
Must One Attempt to Flee Before Sacrificing His Life
Is It Permissible To Wear Gloves; Under The Chupa, Turning The Scroll of A Sefer Torah, or While Making Shechita
Is It Permissible For Father & Sons, Rabbis and Students, Etc to Go To The Mikveh Together
Taking A Portion When Making Hallah
Is It Permissible To Shave, Cut Nails, or Take A Hair Cut on Rosh Chodesh
Preferred Rituals When Reciting Birkat Ha’levana
Hitting Older Children, and Causing Others To Become Angry
Is It Permissible To Put On Tefillin At Sunset If One Forgot Earlier In The Day
Answering "Baruch Hu U’Baruch Shemo"
Pronouncing and Saying Amen
Burying a Newborn or Stillborn Infant
Notifying Somebody of a Relative's Death
Page of 239
3585 Halachot found