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Beit Midrash
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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 (832)
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
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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 Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
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Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
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)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
