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...
It Is Permissible To Invest In A Company That Is Open On Shabbat
Is It Permissible To Replace A Door Knob On Shabbat That Fell Off The Door
Removing a Pasul Talit On Shabbat In The Public Domain
On Shabbat, Should One Wear New Clothes That Do Not Fit Well or Old Clothes That Fit Better
If One Forgot to Add "Ritze Ve'hachalitzenu" in Birkat Ha'mazon on Shabbat
Hitting Children & Causing Bleeding on Shabbat
Is It Permissible To Use Perfume as Besamim in Havdallah
Is It Permissible To Add Water To A Vase Of Hadasim or Flowers On Shabbat
Is Pushing A Stroller On Shabbat In An Area Witth An Eruv Forbidden Based On The Prohibition of Plowing
Cutting Nails and Combing Hair In Preparation For Mikveh On Shabbat
Is It Permissible To Eat Before Musaf On Shabbat
Playing Games on Shabbat
Is It Permissible On Shabbat To Remove Dry Skin or A Wart
Is It Permissible On Shabbat To Use A Salt Shaker That Contains Rice Or Is It Considered Sifting Which Is Prohibited On Shabbat
Issues Concerning Forbidden Speech on Shabbat
Page of 239
3585 Halachot found