Shtisel 101, Session 18: Kidney Donation

(5) You shall keep My laws and My rules, by the pursuit of which man shall live: I am the LORD.

Rav Yehuda said that Shmuel said: I would say that my proof (that you are allowed to violate Shabbat to save a life) is preferable to theirs, as it states: “You shall keep My statutes and My ordinances, which a person shall do and live by them” (Leviticus 18:5), and not that he should die by them. In all circumstances, one must take care not to die as a result of fulfilling the mitzvot. Rava commented on this: All of these arguments have refutations except for that of Shmuel, which has no refutation.

(16) Do not deal basely with your countrymen. Do not stand idly by your neighbor's blood: I am the LORD.

If one sees his fellow drowning in the sea... and he can save him himself or hire others to save him, and he did not... he violates the precept of "not to sit idly over the blood of his fellow"

However if there is a danger to the savior, he loses the obligation to intercede for the stewardship of his life supersede that of his fellow. This applies even if it is only a possible danger; better to avoid possible danger to yourself, even if this means your fellow will definitely die. However you must weigh the pros and cons carefully to determine if there truly is a danger to yourself; don't convince yourself that there is a danger, simply evaluate the true danger to the best of your ability.

You have requested that I inform you of my opinion regarding that which you have seen written: ‎if ‎the government would say to a Jew, “Allow us to chop off one limb that will not cause you to die, ‎or ‎we will kill your fellow Jew,” there are those who say that he is obligated to allow them to chop ‎off ‎the limb since he will not die … And this may be deduced from a logical [kal ‎vachomer] ‎argument. If Shabbat, which is very stringent, is not pushed aside to save a limb ‎but is pushed aside ‎to save a life, then saving a life which is pushed aside in favor of Shabbat ‎should certainly be ‎pushed aside to save another life. You wanted to know if one should rely on ‎this reasoning.

Response: Sacrificing a limb to save a fellow Jew] is a pious trait, but the logical argument could ‎be ‎disputed… Further, perhaps by cutting off his limb, even though his life does not depend upon ‎this ‎limb, he might lose much blood and die. “Who says that you friend’s blood is redder? Perhaps ‎your ‎blood is redder? (See Sanhedrin 74a)” I witnessed one who died resulting from small holes ‎pierced in ‎his ear to remove blood’ he lost so much [blood] that he died, even though man has no ‎limb smaller ‎than the ear! Certainly [he could die] if they would cut it off.‎ Further, it is written [of Torah] “its ways are pleasant ways” [Proverbs 3:17] and the Torah’s laws ‎must ‎be consistent with intellect and logic. How could we believe that one should let someone ‎blind his ‎eye or cut off his arm or leg in order that they not kill his friend?‎ Therefore, I see no reason for this ruling; rather, it is a pious act and praised is the lot of one ‎who ‎could withstand this [sacrifice]. However, if [allowing his limb to be chopped offer would ‎present] a ‎possible risk to his life then such a person would be considered a pious fool, for the ‎doubt [regarding ‎his life] is greater than the certainty of [saving] his friend’s [life].‎