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...
Pouring Into a Sink With a Strainer on Shabbat
Paying a Doctor for Services Rendered on Shabbat; Renting a Hotel Room for Only Shabbat
Is a Wife Bound by Her Husband’s Early Acceptance of Shabbat?
At What Point in the Friday Night Prayer Service Does One Accept Shabbat?
Asking a Gentile to Turn On a Light for a Frightened Child, or To Turn On the Heat or Air Conditioning
Scheduling a Wakeup Call on Shabbat
Opening a Refrigerator Door on Shabbat if the Light Was Not Disengaged
Shabbat Candle Lighting – The Custom to Light Two Candles; Lighting When the Parents are Away for Shabbat
If the Person Who Recited Kiddush is Unable to Drink the Required Amount of Wine
Eating and Drinking Before Kiddush
Until When May a Woman Light Shabbat Candles on Friday Afternoon?
When is the Latest Time for Eating the “Se’uda Rebi’it” Meal on Mosa’eh Shabbat?
Shabbat – Using an Urn with a Water Level Indicator
Shabbat – Wearing a Garment That Causes Static Electricity
Leaving Water on an Open Lame Before Shabbat
Page of 239
3585 Halachot found