YeshivaThe torah world Gateway Beit Midrash
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
The Tur (Choshen Mishpat 426) rules that one who sees someone is endangered by drowning or by the approach of a bandit is required to save him whether it requires use of his body or his property, just that the person in danger is required to reimburse him if possible. The question, though, is: is the requirement only a moral obligation or can he actually be forced to save?
The gemara (Ketubot 86a) says that while there is a set number of lashes given to those who violated certain negative commandments, one who refuses to fulfill a positive commandment can be hit until he complies. According to Rashi (ad loc.) the distinction is not between positive and negative commandments but depends on whether there is still an opportunity to fulfill the obligation, in which case force is not limited. Thus, if one is planning to violate the matter of standing idly by while a friend is in danger, he can be coerced as necessary to save. Our case is clearer than the case of a positive commandment, as one may and must do almost anything to save a life. It appears from the Tur’s description of bandits that the danger does not have to be very specific.
Do we have to take into account the potential danger to the blood donor? At first glance, we see that tens of thousands of people donate blood, and we do not hear of people who are endangered by it. It is true that some people say they are afraid of the consequences, but these appear to be unlearned complaints, for the most part provided by those who are lazy or have a fear of the pain or the process. (If someone has a rare sensitivity to donating blood, so that there is even a small danger, he is not required to donate. Although the Yerushalmi (see Beit Yosef 426) says that one is required to place himself in possible danger to save someone from definite danger, that opinion is not accepted- see Radvaz III, 627).
The Tzitz Eliezer (XVI, 23) says that one is not required to donate blood for the following reasons: one is required to provide effort and money in order to save, but we do not find that he has to give his life blood; people do faint or undergo extreme fright from the prospect of giving, and there are sources about people dying from scratches and gemarot about the dangers of bloodletting. Therefore, he says, donating blood is a righteous but voluntary act. It is easy to argue with the Tzitz Eliezer because the sources he refers to relate to hemophiliacs or to the type of procedures that are no longer done.
Therefore, in a case where participation of a specific person in blood donation is of particular urgency and there is no special reason to suspect danger for him, he can be coerced if necessary to give. Practically, it is much wiser and more appropriate to appeal for his agreement or to offer positive incentives.
P'ninat Mishpat (829)
Various Rabbis
167 - A Claim for Severance Pay After Many Years
168 - Forcing Someone With a Rare Blood Type to Donate
169 - Conditions on a Get After it Was Given to an Agent
Load More

P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts

P'ninat Mishpat P'ninat Mishpat: Dividing Parents’ Resources when Mother Still Alive
based on ruling 82017 of the Eretz Hemdah-Gazit Rabbinical Courts

P'ninat Mishpat P'ninat Mishpat: To Whom Do the Payments Go? – part I
based on ruling 81075 of the Eretz Hemdah-Gazit Rabbinical Courts

P'ninat Mishpat P'NINAT MISHPAT: A Mess of Loans, Repayments and Grievances – part II
based on ruling 83033 of the Eretz Hemdah-Gazit Rabbinical Courts
Lessons
fast navigation

Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.

Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.

Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.

Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.

The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?

Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.

Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.









