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 Fellow Weekly -  Issue 122

WHAT'S THE LAW

  

 

 
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Case # 230 To Save a Synagogue!

  

During the trying years of 1809-1812 - just as the rumblings of reform began advocating municipal change, the city of Pressburg suffered from numerous ravaging fires - during war time and peace - which tragically swept through the ghetto quarters. The fires impoverished the people and destroyed Jewish homes. The fire of 1811 proved to be particularly demoralizing when the Jewish hospital burned down.

 

It occurred during one such fire, that the horrified townsmen noticed that their synagogue was in danger of becoming engulfed in the inferno, as the merciless flames traveled rapidly through the city.

 

Determined to save their beloved house of worship, they raised their axes in hand and created a fire line by demolishing the adjacent shack of a poor widow.

 

(Note: A similar, but perhaps different story took place in San Francisco in 1906. As a result of the 1906 earhquake, incontrollable fires broke out through the city. The entire Van Ness Avenue was dynamited to create a fire break.)

 

Must the townsmen reimburse the widow for destroying her home to save their synagogue?


 

 

 
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Cases # 228/ #229 To Save a Life!
 
 228: On a class trip to a New York school, seven year old Aaron from Chicago suddenly began wheezing and could not open his eyes. His teacher, Mrs. Rhine instantly scrambled for his epi-pen but could not find it. In lightening speed, with a metal chair she pulled the locked medicine cabinet off the wall, found a pen and saved Aaron's life. Medical assistance was swift to follow. Mrs. Rhine broke the school chair and medicine cabinet.
 
229: Thousands were being deported by the day. Hundreds of thousands of Jewish lives could have been saved for ransom. While many tragically ignored their plight, R. Shlomo Halberstam, Grand Rabbi of Bobov extended every effort he could to save his brethren. Unable to secure significant donations for the cause; by the end of the War, he had accrued staggering debts. [A True Story].

 

 

 Must Mrs. Rhine compensate the host school for the damage?

 

 Did R. Halberstam have to repay his loans? 

 

 

 

 

 

What's the Law?

 

 

 

 

 

 

 

The Answer

We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.

 

Mrs. Rhine does not need to compensate the host school. R. Halberstam must pay his debts.

 

 

 

Detailed Explanation
 
 

To Save a Life invokes the following laws:

 

 1. To ensure that the common folk would not fear endeavoring saving a third party in mortal distress, the sages instituted a special dispensation from paying for collateral damages the savior may cause en route to saving a victim's life [Maseches Bava Kama 117b, Choshen Mishpat 380: 3]. (See further issues as per the liabilities of a paid practitioner, and one saving him/herself; both of whom do not generally need an additional incentive to involve themselves in the rescue efforts.)

 

 2. Though R' Yaakov ben Yaakov Moshe Lorberbaum of Lissa (1760-1832) in his Nesivos Hamishpat (340: 6) understands this collateral liability dispensation to incorporate liabilities stemming from contractual law (i.e. borrowing ammunition to protect a third party from an offender and losing it during the clash), as well as from collateral damages; Rav Moshe Feinstein dictated unequivocally that the Talmud's dispensation is restricted to collateral damages [Igros Moshe C.M. II 63]. Any liabilities incurred during the rescue efforts resulting from theft, contractual (i.e. loans) or property (bailment's, or shmira) law remains in effect.

 

 Application:

 

R. Feinstein ruled that R. Halberstam determination to pay his creditors was not an act of piety. but in-fact was required by law, regardless of his original humanitarian motives.

 

Mrs. Rhine damaged the medicine cabinet and chair. As she was endeavoring to save Aaron's life, she is absolved.

 

Theoretically, in-line with R. Feinstein's verdict, she would be have been required to repay the host school for using the epi-pen, if not for the fact that the epi-pen was obviously earmarked for such usage.  

 

 

 

 

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Note:
 
Although we aim to present the correct ruling, varying details are always important and decisively influence every individual case. Our readers are thus encouraged to present their personal cases to a competent authority and not solely rely on the information provided.
 

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