logo
Project Fellow
 

 Fellow Weekly -  Issue 124

WHAT'S THE LAW

  

 

 
Encouraging intelligent and entertaining debate at your Shabbat table.
 
Fellow Weekly raises issues of business law and ethics through lively emails by featuring your real-life scenarios answered by our leading authorities and professionals.
 

   

 

  

      CLICK HERE FOR THIS ISSUE' S PDF

   

-

   

This week's issue is dedicated in loving memory and li'ilui nishmas

 

R' Noach Yaakov ben R' Bentziyon Yechiel Michal Foxman zt"l.

 

 May his special family be consoled amongst the mourners of Zion.

The Foxman family requests to please    in his memory.

 

to make a donation in his memory click here.

to dedicate an issue, kindly email weekly@projectfellow.org

Case # 231 To Live & Let Live!

  

Stories of heroic soldiers are particularly moving. During the Second Lebanon War of 2006 - in the fiercely-waged battle of Bint Jbeil - a courageous soldier jumped on a live grenade, whereby sacrificing his own life to spare those of his fellow soldiers.

 

In the 1950's a soldier was captured along with four comrades by the enemy. The soldiers were taken into custody in Quneitra and sent to a Damascus prison for interrogation. They were sent to separate cells and brutally tortured.

 

Believing his comrades to have been killed, as falsely claimed by his captors in an attempt to weaken morale, he took his life rather than divulge secrets to his captors.

 

Stories of captains abandoning ship to save their own lives at the expense of saving passengers lives are typically horrifying. Yet, each time we board an airplane, the airline flight attendant gives the following preflight safety instructions:

 

"In case of a loss of airplane pressure, oxygen masks will drop from the overhead compartments. Put mask on yourself first before assisting children or those not able to help themselves."

 

When may/should one risk his/her life to save another?

 

 
 
Please email us with your comments and answers at weekly@projectfellow.org  

 

 

 

 

 

 

Case 230: To Save a Synagogue!
 
During the trying years of 1809-1812 - just as the rumblings of reform began advocating 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, (in truth, this story took place in a fire in 1802) 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.)
 
Were the townsmen permitted to destroy the widow's shack to save their synagogue? Must the townsmen reimburse the widow her?  

 

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.

 

If the widow was not around or did not protest, the townsmen were permitted to destroy her shack to save their synagogue but they must repair her roof.

 

 

 

 

Detailed Explanation
 
 

 To Save a Synagogue invokes the following three laws:

  

1. May A avert a sudden significant monetary loss through temporarily using B's assets of lesser value?

 
If B is present, A may not do so without B's consent. If B is not available to consent or protest, Beis Din allows A to assume that B would consent to use his/her money temporarily to save a fellow Jew from suffering a clear greater financial loss so long as due compensation is guaranteed [Choshen Mishpat 308, 174].
 
2. One who loses an article to a lion, bear, and gales of area, rush of the river or similar circumstance of almost sure defeat despairs from ever retrieving it. Protesting the contrary is like crying over a collapsed home. While generally one should nevertheless return the article to the original owner, the finder would not be liable for damaging it [Choshen Mishpat 259:7].
 
3. If the "lion, bear, or gales of the sea" are encroaching towards the article but have yet to ensnare it, there is reason to argue that despair might not be a given, and the owner's protests might be legitimate. In such a situation, it is proper to treat the article as though it still belongs to the original owner [Chasam Sofer Yoreh Deah Responsum 234].
 

 

Application:
 
Although, as long as the widow did not protest, the townsmen were permitted to destroy her shack in order to save their "more expensive" house of worship, nonetheless they are required to immediately compensate her for the loss. We would not view the shack as though it was already lost to the "gales of the sea" and virtually ownerless; as the conflageration did not yet engulf the widow's shack. The widow's claim that her shack might not have burned down must be respected. Hence, the townsmen must rebuild her roof. [With respect to from which community fund they should draw the money, see Chasam Sofer Yoreh Deah Responsum 234]. 

 

 .

 

 

Donate to Project Fellow here  

 

 

 

 

 

 

 

 

 

 

 

 

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.
 

Together...for a better world
 You can help build a better world. Just invite your friends and family to subscribe to
 

Fellow Weekly.

 

To join this mailing list, please click here 
or send an email to weekly@projectfellow.org with the word subscribe in the subject line

  

 

    

CLICK HERE to DONATE to PROJECT FELLOW TODAY!

   

 

A project of
Yesharim Foundation for Ethical LawView our profile on LinkedIn
 
105/21 Sanhedria Murchevet, Jerusalem
ISRAEL 02-581-6337
USA 845-335-5516

Join Our Mailing List