Yeshiva 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 (835)
Beit Din Eretz Hemda - Gazit
121 - Fallout from Failure to Install Elevator – part II
122 - A Non-Contractor in Changing Times – part I
123 - A Non-Contractor in Changing Times – part II
Load More
Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.

Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5

P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)

P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part I
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Lessons
fast navigation

Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.

P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts


















