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...
“Lehem Mishneh” – The Two Loaves at the Shabbat Meal (Part 1)
“Kiddush Bi’mkom Se’uda” – Rice, Dates and Noodles
Kiddush At a Berit Mila on Shabbat; Hearing Kiddush in One Place and Eating in Another
Tasting the Shabbat Food on Ereb Shabbat
The Requirement to Eat or Drink Wine After Kiddush
Is It Permissible On Shabbat To Allow Security Video Cameras or Walk By A Light Activated By Motion Detector
Involving Oneself in Shabbat Preparations
The Case When Family Members Speak Before Drinkng The Wine After Kiddush Is Heard
Kiddush – If Somebody Forgot to Recite Kiddush on Friday Night; If Somebody Does Not Have Wine or Cannot Drink Wine
Reciting the Weekday Amida on Shabbat if No Siddur is Available
Asking Somebody to Peform Melacha After Accepting Shabbat Early
Eating the Friday Night Shabbat Meal Before Dark
Inviting a Non-Observant Jew to a Simha or to One’s Home on Shabbat
If One Spends Shabbat in a Hotel That Uses Electronic Keys
The Status of Electricity With Regard to Bishul Akum, Cooking on Shabbat, and Shabbat Candles
Page of 239
3585 Halachot found