Violating Torah to Save Your Life: Difference between revisions
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Violating Torah to Save Your Life (view source)
Revision as of 13:58, 23 December 2020
, 23 December 2020→Pikuach Nefesh
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==Sacrificing to Do Mitzvot== | ==Sacrificing to Do Mitzvot== | ||
===''Pikuach Nefesh''=== | ===''Pikuach Nefesh''=== | ||
# One does not have to give up his life in order to avoid violating a prohibition, aside from the big three described above. This principle is called ''pikuach nefesh'' (Heb. פיקוח נפש; lit. concern for life). In all cases of a concern for a loss of life it is permitted to violate the Torah, whether it be that the threat is from a terrorist trying to cause a person to violate the mitzvah, a life threatening situation caused by a person,<ref>Although the Pitchei Teshuva YD 157:2 cites the Mishnat Chachamim (Intro to Avoda Zara) who is unsure about this point, whether ''pikuach nefesh'' permits violating the Torah if the danger is caused by a person and it isn't a terrorist trying to cause him to violate the Torah, his opinion is dismissed. The Pitchei Teshuva also cites the Taz 179:4 and Hafalah Ketubot who permitted violating the Torah for ''pikuach nefesh'' even when caused by a person. Gilyon Maharsha YD 179 agrees with the Taz but is unsure why it was even a question. Minchat Chinuch 295:2 agrees with the Taz and Haflah.</ref> animal,<ref>Gemara Brachot 33a, Shulchan Aruch O.C. 104:3, Shulchan Aruch Y.D. 179:7, Taz 179:4, Taz 157:6</ref> or illness.<ref>Gemara Pesachim 25a, Shulchan Aruch Y.D. 155:3</ref> In all cases the halacha is clear that to protect life it is permitted to violate the Torah. | # One does not have to give up his life in order to avoid violating a prohibition, aside from the big three described above. This principle is called ''pikuach nefesh'' (Heb. פיקוח נפש; lit. concern for life). In all cases of a concern for a loss of life it is permitted to violate the Torah, whether it be that the threat is from a terrorist trying to cause a person to violate the mitzvah, a life threatening situation caused by a person,<ref>Although the Pitchei Teshuva YD 157:2 cites the Mishnat Chachamim (Intro to Avoda Zara) who is unsure about this point, whether ''pikuach nefesh'' permits violating the Torah if the danger is caused by a person and it isn't a terrorist trying to cause him to violate the Torah, his opinion is dismissed. The Pitchei Teshuva also cites the Taz 179:4 and Hafalah Ketubot 19a s.v. tosfot s.v. damar who permitted violating the Torah for ''pikuach nefesh'' even when caused by a person. Gilyon Maharsha YD 179 agrees with the Taz but is unsure why it was even a question. Minchat Chinuch 295:2 agrees with the Taz and Haflah.</ref> animal,<ref>Gemara Brachot 33a, Shulchan Aruch O.C. 104:3, Shulchan Aruch Y.D. 179:7, Taz 179:4, Taz 157:6</ref> or illness.<ref>Gemara Pesachim 25a, Shulchan Aruch Y.D. 155:3</ref> In all cases the halacha is clear that to protect life it is permitted to violate the Torah. | ||
# For example, pikuach nefesh allows for violating Shabbat. See [[Medicine on Shabbat]] for details. | # For example, pikuach nefesh allows for violating Shabbat. See [[Medicine on Shabbat]] for details. | ||
===''Sakanat Ever''=== | ===''Sakanat Ever''=== | ||
# If one's limb is in danger (Heb. סכנת אבר; trans. ''sakanat ever'') is it permissible to violate a prohibition? If a loss of limb is considered like a loss of money then it is necessary to upkeep the Torah even at the expense of the health of one's limb. If a loss of limb is considered like a loss of life then it is permitted to violate the prohibition to save one's limb. The conclusion of the poskim regarding other prohibitions, besides Shabbat, is to judge loss of limb like loss and life and it is permitted to violate a prohibition.<ref>Shach 157:3 citing Rivash 387 and O.C. 328:17. See Radvaz 3:627 who seems to hold a similar position.</ref> | # If one's limb is in danger (Heb. סכנת אבר; trans. ''sakanat ever'') is it permissible to violate a prohibition? If a loss of limb is considered like a loss of money then it is necessary to upkeep the Torah even at the expense of the health of one's limb. If a loss of limb is considered like a loss of life then it is permitted to violate the prohibition to save one's limb. The conclusion of the poskim regarding other prohibitions, besides Shabbat, is to judge loss of limb like loss and life and it is permitted to violate a prohibition.<ref>Shach 157:3 citing Rivash 387 and O.C. 328:17. See Radvaz 3:627 who seems to hold a similar position.</ref> | ||
