Medical Ethics - Revision history

YitzchakSultan1: /* Giving up one's life to save others */

2023-10-09T18:34:28Z

Giving up one's life to save others

YitzchakSultan1: /* Endangering Yourself in Minimal Danger (Shomer Petayim) */

2023-10-02T21:31:20Z

Endangering Yourself in Minimal Danger (Shomer Petayim)

← Older revision		Revision as of 21:31, 2 October 2023
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	== Endangering Yourself ==		== Endangering Yourself ==

	#		#It is forbidden to engage in dangerous activities.<ref>Shulchan Aruch C.M. 427:10</ref>

	== Endangering Yourself for a Mitzvah ==		== Endangering Yourself for a Mitzvah ==

	# It is forbidden to endanger yourself to fulfill a mitzvah.		# It is forbidden to endanger yourself into a situation of danger to fulfill a mitzvah.<ref>Pitchei Teshuva YD 157:3 quoting Tiferet Yisrael (Brachot 1:3)</ref> Some define the level of danger as the same level that a person would violate Shabbat for, such as 1 in a 1000.<ref>[https://www.torahweb.org/torah/docs/rtwe_covid_17av.pdf Rabbi Mayer Twersky] writes that the level of sakana necessary to forbid endangering oneself to do a mitzvah is the same level as pikuach nefesh for Shabbos. Based on Maggid Mishna he writes that a danger of 1 in a 1000 mortality rate is considered pikuach nefesh.</ref>
	#* Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.		#* Endangering Oneself to Learn Torah: Ketubot 77b records and praises the practice of Reish Lakish to teach Torah to those ill with tzarat, some translate as leprosy, even though it is contagious. The gemara explained that he did so out of his love for Torah. Daf Al Hadaf cites Mishnat Pikuach Nefesh 69:7 who asks how Reish Lakish could endanger himself and rely on a miracle. He answers that the disease he was concerned with was only dangerous to health but not life threatening.

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	# This principle is known as "''shomer petayim Hashem''," (lit. "Hashem protects the fools"; heb. שומר פתאים ה') which permits a person to act simple and rely on Hashem to be protected.		# This principle is known as "''shomer petayim Hashem''," (lit. "Hashem protects the fools"; heb. שומר פתאים ה') which permits a person to act simple and rely on Hashem to be protected.
	# This principle is the reason that women may become pregnant and give birth, even though that inevitably involves some risk (especially earlier in history).<ref>Igros Moshe EH 1:63:1. Binyan Tzion 137 agrees that this is the reason for allowing childbirth but he applies it even if the danger to the mother is greater than a regular birth.</ref>		# This principle is the reason that women may become pregnant and give birth, even though that inevitably involves some risk (especially earlier in history).<ref>Igros Moshe EH 1:63:1. Binyan Tzion 137 agrees that this is the reason for allowing childbirth but he applies it even if the danger to the mother is greater than a regular birth.</ref>
	# Some poskim hold that this concept only permits activities that objectively don't have a risk factor of more than 1/1000. Otherwise, it is considered objectively too risky and forbidden, even if other people do it without concern.<ref>[https://www.torahweb.org/torah/docs/rtwe_shomer2.pdf Rabbi Mayer Twersky] infers from Maggid Mishna that if the danger is 1/1000 or greater it is considered too dangerous even to rely upon ''shomer petayim Hashem''.		# Some poskim hold that this concept only permits activities that objectively don't have a risk factor of more than 1/1000. Otherwise, it is considered objectively too risky and forbidden, even if other people do it without concern.<ref>[https://www.torahweb.org/torah/docs/rtwe_shomer2.pdf Rabbi Mayer Twersky] infers from Maggid Mishna (cited by Magen Avraham 330:3) that if the danger is 1/1000 or greater it is considered too dangerous even to rely upon ''shomer petayim Hashem''. Rabbi Twersky's main point is that there's an objective standard of what is called sakana and then below that threshold shomer petayim could apply if people aren't concerned. If, however, there is no known information of what is considered dangerous then shomer petayim is applicable if people aren't concerned. His proofs for this concept include Rav Elyashiv (Kovetz Teshuvot 1:219), Shemiras Shabbos Kehilchasa (ch. 32 fnt. 2).

	Igrot Moshe CM 2:76 permits smoking because of shomer petayim Hashem but just writes that it is a danger for only a miyuta d'miyuta of people.</ref>		* Igrot Moshe CM 2:76 permits smoking because of shomer petayim Hashem but just writes that it is a danger for only a miyuta d'miyuta of people.</ref>
	# Some say that ''shomer petayim Hashem'' is only relevant if it is a risk or danger that applies equally to everyone. However, if there's a risk that only applies to a specific person or group, such as if they're sick, ''shomer petayim'' is inapplicable.<ref>Igros Moshe EH 1:63:1-2, 4:73:1</ref>		# Some say that ''shomer petayim Hashem'' is only relevant if it is a risk or danger that applies equally to everyone. However, if there's a risk that only applies to a specific person or group, such as if they're sick, ''shomer petayim'' is inapplicable.<ref>Igros Moshe EH 1:63:1-2, 4:73:1</ref>
	# Some poskim use the concept of shomer petayim Hashem to explain why it is permissible to travel through the desert or take a boat.<ref>Binyan Tzion 137. Rabbi Twersky quotes Shem Aryeh 27 who holds that shomer petayim allows traveling through the desert or in a boat only if there's a parnasa need or another real need.</ref>		# Some poskim use the concept of shomer petayim Hashem to explain why it is permissible to travel through the desert or take a boat.<ref>Binyan Tzion 137. Rabbi Twersky quotes Shem Aryeh 27 who holds that shomer petayim allows traveling through the desert or in a boat only if there's a parnasa need or another real need.</ref>

YitzchakSultan1: /* Endangering Yourself to Save Someone Else */

2023-10-02T21:12:28Z

Endangering Yourself to Save Someone Else

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YitzchakSultan1: /* Endangering Yourself to Save Someone Else */

2023-10-02T20:32:07Z

Endangering Yourself to Save Someone Else

← Older revision		Revision as of 20:32, 2 October 2023
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	==Endangering Yourself to Save Someone Else==		==Endangering Yourself to Save Someone Else==
	# Most poskim hold that it is permissible but not obligatory to endanger oneself in a possibility of danger (''safek sakana'') to save someone else from certain danger.<ref>Mishna Brurah 329:19</ref>		# Most poskim hold that it is permissible but not obligatory to endanger oneself in a possibility of danger (''safek sakana'') to save someone else from certain danger.<ref>Mishna Brurah 329:19, Rav Asher Weiss (Minchat Asher 1:115)</ref>
	## Some poskim hold that it is an obligation to endanger oneself to save someone else.<ref>Hagahot Maimoniyot cited by Bet Yosef CM 426:2</ref>		## Some poskim hold that it is an obligation to endanger oneself to save someone else.<ref>Hagahot Maimoniyot cited by Bet Yosef CM 426:2</ref>
	## A minority opinion holds that it is forbidden to endanger oneself to save someone else.<ref>Shulchan Aruch Harav 329:8</ref>		## A minority opinion holds that it is forbidden to endanger oneself to save someone else.<ref>Shulchan Aruch Harav 329:8</ref>

YitzchakSultan1: /* Endangering Yourself to Save Someone Else */

2023-10-02T20:22:47Z

Endangering Yourself to Save Someone Else

← Older revision		Revision as of 20:22, 2 October 2023
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	==Endangering Yourself to Save Someone Else==		==Endangering Yourself to Save Someone Else==
			# Most poskim hold that it is permissible but not obligatory to endanger oneself in a possibility of danger (''safek sakana'') to save someone else from certain danger.<ref>Mishna Brurah 329:19</ref>
			## Some poskim hold that it is an obligation to endanger oneself to save someone else.<ref>Hagahot Maimoniyot cited by Bet Yosef CM 426:2</ref>
			## A minority opinion holds that it is forbidden to endanger oneself to save someone else.<ref>Shulchan Aruch Harav 329:8</ref>
	# Some say that it is permissible to endanger yourself to save someone who is a talmid chacham and tzaddik.<ref>Sefer Chasidim, Yabia Omer CM 9:12, Yavetz (Migdal Oz Otzer Hatov pina 1 n. 85)</ref> Some forbid this.<ref>Igros Moshe YD 2:174:4</ref>		# Some say that it is permissible to endanger yourself to save someone who is a talmid chacham and tzaddik.<ref>Sefer Chasidim, Yabia Omer CM 9:12, Yavetz (Migdal Oz Otzer Hatov pina 1 n. 85)</ref> Some forbid this.<ref>Igros Moshe YD 2:174:4</ref>
	#If a terrorist threatens you "either kill another Jew or I'll kill you," you may not kill another Jew and must give up your life.<ref>Sanhedrin 74b</ref> You must also give up your life and not even murder the other Jew indirectly such as by causing a dog to bite someone to showing a non-Jew where the Jew is hiding in order to kill him.<Ref>Yavetz (Migdal Oz Otzer Hatov pina 1 n. 82)</ref>		#If a terrorist threatens you "either kill another Jew or I'll kill you," you may not kill another Jew and must give up your life.<ref>Sanhedrin 74b</ref> You must also give up your life and not even murder the other Jew indirectly such as by causing a dog to bite someone to showing a non-Jew where the Jew is hiding in order to kill him.<Ref>Yavetz (Migdal Oz Otzer Hatov pina 1 n. 82)</ref>

YitzchakSultan1: /* Endangering Yourself to Save Someone Else */

2023-10-02T20:07:14Z

Endangering Yourself to Save Someone Else

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YitzchakSultan1: /* Sources */

2023-09-24T15:28:27Z

Sources

← Older revision		Revision as of 15:28, 24 September 2023
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	#It is permissible to endanger yourself to save many Jews.<ref>Gemara Tanit 18b, Rav Zilberstein (Shabbat Shabbaton p. 173)</ref>		#It is permissible to endanger yourself to save many Jews.<ref>Gemara Tanit 18b, Rav Zilberstein (Shabbat Shabbaton p. 173)</ref>

			==Saving Yourself by Endangering Someone Else==
			# See [[Violating_Torah_to_Save_Your_Life]].
	==Sources==		==Sources==
	<references/>		<references/>

YitzchakSultan1: /* Endangering Yourself to Save Someone Else */

2023-09-24T15:28:11Z

Endangering Yourself to Save Someone Else

← Older revision		Revision as of 15:28, 24 September 2023
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	#If a terrorist threatens you "either give me your sword so that I can kill another Jew or I'll kill you," some say that you may not give up your sword in that case, while most hold that should give up your sword.<ref>Radvaz holds that you may not give your sword in that case. However, Yavetz (Migdal Oz Otzer Hatov pina 1 n. 82) argues because you only need to give up your life not to actively kill someone, but you don't need to give up your life not to passively watch another Jew die.</ref>		#If a terrorist threatens you "either give me your sword so that I can kill another Jew or I'll kill you," some say that you may not give up your sword in that case, while most hold that should give up your sword.<ref>Radvaz holds that you may not give your sword in that case. However, Yavetz (Migdal Oz Otzer Hatov pina 1 n. 82) argues because you only need to give up your life not to actively kill someone, but you don't need to give up your life not to passively watch another Jew die.</ref>
	# A minority position holds that it isn't necessary to endure difficult pain in order to save someone else's life, but most poskim disagree and hold that is necessary.<ref>Yavetz (Migdal Oz Otzer Hatov pina 1 n. 83) holds that it isn't an obligation to go through pain in order to save someone's life. However, Magen Avraham and Yabia Omer 9:12 disagree.</ref>		# A minority position holds that it isn't necessary to endure difficult pain in order to save someone else's life, but most poskim disagree and hold that is necessary.<ref>Yavetz (Migdal Oz Otzer Hatov pina 1 n. 83) holds that it isn't an obligation to go through pain in order to save someone's life. However, Magen Avraham and Yabia Omer 9:12 disagree.</ref>
			#Some say that it is permissible to endanger yourself to save your only son if you're too old to fulfill pru urevu again.<ref>Yavetz (Migdal Oz Otzer Hatov pina 1 n. 85). Rav Zilberstein (Shabbat Shabbaton p. 172-3) quotes Yavetz that a person may not endanger himself to save someone else unless the other person is a bigger talmid chacham and a tzaddik than you, your father, or your rebbe. Even to save your only son it is forbidden to endanger your life for him, unless the father is too old to fulfill pru urevu anymore. Rabbi Zilberstein asks why this is permitted and suggests that since the child could have more children it is like endangering yourself to save many people which is allowed. He also quotes a story about the Shaar Efraim that when his son was deathly sick he davened to Hashem to take him instead and so it happened that his son was healed and he died. However, it isn't a clear proof, says Rav Zilberstein, since davening isn't the same as doing an action.</ref>
			#It is permissible to endanger yourself to save many Jews.<ref>Gemara Tanit 18b, Rav Zilberstein (Shabbat Shabbaton p. 173)</ref>

	==Sources==		==Sources==
	<references/>		<references/>

YitzchakSultan1: /* Endangering Yourself to Save Someone Else */

2023-09-24T15:27:09Z

Endangering Yourself to Save Someone Else

← Older revision		Revision as of 15:27, 24 September 2023
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	==Endangering Yourself to Save Someone Else==		==Endangering Yourself to Save Someone Else==
	# Some say that it is permissible to endanger yourself to save someone who is a talmid chacham and tzaddik.<ref>Sefer Chasidim, Yabia Omer, Yavetz (Migdal Oz Otzer Hatov pina 1 n. 85)</ref>		# Some say that it is permissible to endanger yourself to save someone who is a talmid chacham and tzaddik.<ref>Sefer Chasidim, Yabia Omer, Yavetz (Migdal Oz Otzer Hatov pina 1 n. 85)</ref>
			#If a terrorist threatens you "either kill another Jew or I'll kill you," you may not kill another Jew and must give up your life.<ref>Sanhedrin 74b</ref> You must also give up your life and not even murder the other Jew indirectly such as by causing a dog to bite someone to showing a non-Jew where the Jew is hiding in order to kill him.<Ref>Yavetz (Migdal Oz Otzer Hatov pina 1 n. 82)</ref>
			#If a terrorist threatens you "either let me cut off one limb of your body that won't kill you or I'll kill another Jew," some say that you must allow him to cut off your limb, but most poskim hold that you don't have to but it is a middat chasidut to do so.<ref>Maharam Ricanti holds that in this case it is an obligation to give up your life. However, Radvaz holds that it is only a middat chasidut. Yavetz (Migdal Oz Otzer Hatov pina 1 n. 83) agrees that it isn't obligation but it is a voluntarily mitzvah if he chooses.</ref>
			#If a terrorist threatens you "either give me your sword so that I can kill another Jew or I'll kill you," some say that you may not give up your sword in that case, while most hold that should give up your sword.<ref>Radvaz holds that you may not give your sword in that case. However, Yavetz (Migdal Oz Otzer Hatov pina 1 n. 82) argues because you only need to give up your life not to actively kill someone, but you don't need to give up your life not to passively watch another Jew die.</ref>
			# A minority position holds that it isn't necessary to endure difficult pain in order to save someone else's life, but most poskim disagree and hold that is necessary.<ref>Yavetz (Migdal Oz Otzer Hatov pina 1 n. 83) holds that it isn't an obligation to go through pain in order to save someone's life. However, Magen Avraham and Yabia Omer 9:12 disagree.</ref>

	==Sources==		==Sources==
	<references/>		<references/>

YitzchakSultan1: /* Endangering */

2023-09-24T15:26:55Z

Endangering

← Older revision		Revision as of 15:26, 24 September 2023
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	#All of these criteria are for when the doctor got several calls but didn’t start to treat one of them, otherwise he shouldn’t stop the one he started to work on.<ref>Erech Hachaim Bhalacha v. 6 p. 188. See also Igrot Moshe CM 2:73:2.</ref>		#All of these criteria are for when the doctor got several calls but didn’t start to treat one of them, otherwise he shouldn’t stop the one he started to work on.<ref>Erech Hachaim Bhalacha v. 6 p. 188. See also Igrot Moshe CM 2:73:2.</ref>

	==Endangering==		==Endangering Yourself to Save Someone Else==
			# Some say that it is permissible to endanger yourself to save someone who is a talmid chacham and tzaddik.<ref>Sefer Chasidim, Yabia Omer, Yavetz (Migdal Oz Otzer Hatov pina 1 n. 85)</ref>

	==Sources==		==Sources==
	<references/>		<references/>