The Oral Talmud with Benay Lappe and Dan Libenson Episode 23

MISHNA: In the case of one who is seized with the life-threatening illness bulmos, causing him unbearable hunger pangs and impaired vision, one may feed him even impure foods on Yom Kippur or any other day until his eyes recover, as the return of his sight indicates that he is recovering. In the case of one whom a mad dog bit, one may not feed him from the lobe of the dog’s liver. This was thought to be a remedy for the bite, but the Rabbis deem it ineffective. And Rabbi Matya ben Ḥarash permits feeding it to him, as he deems it effective.

And furthermore, Rabbi Matya ben Ḥarash said: With regard to one who suffers pain in his throat, one may place medicine inside his mouth on Shabbat, although administering a remedy is prohibited on Shabbat. This is because there is uncertainty whether or not it is a life-threatening situation for him, as it is difficult to ascertain the severity of internal pain. And a case of uncertainty concerning a life-threatening situation overrides Shabbat.

Similarly, with regard to one upon whom a rockslide fell, and there is uncertainty whether he is there under the debris or whether he is not there; and there is uncertainty whether he is still alive or whether he is dead; and there is uncertainty whether the person under the debris is a gentile or whether he is a Jew, one clears the pile from atop him. One may perform any action necessary to rescue him from beneath the debris. If they found him alive after beginning to clear the debris, they continue to clear the pile until they can extricate him. And if they found him dead, they should leave him, since one may not desecrate Shabbat to preserve the dignity of the dead.

The Gemara relates: It once happened that Rabbi Yishmael, and Rabbi Akiva, and Rabbi Elazar ben Azarya were walking on the road, and Levi HaSadar and Rabbi Yishmael, son of Rabbi Elazar ben Azarya, were walking respectfully behind them, since they were younger and did not walk alongside their teachers. This question was asked before them: From where is it derived that saving a life overrides Shabbat?

Rabbi Yishmael answered and said that it is stated: “If a thief be found breaking in and be struck so that he dies, there shall be no blood-guiltiness for him” (Exodus 22:1). Now, if this is true for the thief, where there is uncertainty whether he comes to take money or to take lives, and it is known that bloodshed renders the land impure, since it is stated about a murderer: “And you shall not defile the land” (Numbers 35:34), and it causes the Divine Presence to depart from the Jewish people, as the verse continues: “In the midst of which I dwell, for I the Lord dwell in the midst of the children of Israel” (Numbers 35:34), and even so the home owner is permitted to save himself at the cost of the thief’s life, then a fortiori saving a life overrides Shabbat.

Rabbi Akiva answered and said that it is stated: “And if a man comes purposefully upon his neighbor to slay him with guile, you shall take him from My altar, that he may die” (Exodus 21:14). The phrase “take him from My altar” implies that if the murderer is a priest and comes to perform the service, one does not wait for him to do so but takes him to his execution immediately. But one should not take him from on top of My altar. If he already began the service and is in the midst of it, one does not take him down from the altar immediately but instead allows him to finish his service. And Rabba bar bar Ḥana said that Rabbi Yoḥanan said: They taught only that a priest is not removed from the altar in order to execute him for murder,

but to preserve a life, e.g., if the priest can testify to the innocence of one who is sentenced to death, one removes him even from on top of My altar, even while he is sacrificing an offering. Just as this priest, about whom there is uncertainty whether there is substance to his words of testimony or whether there is no substance to his words, is taken from the Temple service in order to save a life, and Temple service overrides Shabbat, so too, a fortiori, saving a life overrides Shabbat.

Rabbi Elazar ben Azarya answered and said: Just as the mitzva of circumcision, which rectifies only one of the 248 limbs of the body, overrides Shabbat, so too, a fortiori, saving one’s whole body, which is entirely involved in mitzvot, overrides Shabbat. Other tanna’im debated this same issue.

Rabbi Yosei, son of Rabbi Yehuda, says that it is stated: “But keep my Shabbatot” (Exodus 31:13). One might have thought that this applies to everyone in all circumstances; therefore, the verse states “but,” a term that restricts and qualifies. It implies that there are circumstances where one must keep Shabbat and circumstances where one must desecrate it, i.e., to save a life.

Rabbi Yonatan ben Yosef says that it is stated: “For it is sacred to you” (Exodus 31:14). This implies that Shabbat is given into your hands, and you are not given to it to die on account of Shabbat.

Rabbi Shimon ben Menasya said: It is stated: “And the children of Israel shall keep Shabbat, to observe Shabbat” (Exodus 31:16).The Torah said: Desecrate one Shabbat on his behalf so he will observe many Shabbatot.

Rav Yehuda said that Shmuel said: If I would have been there among those Sages who debated this question, I would have said that my proof 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.

The Gemara explains Rava’s claim: The proof brought by Rabbi Yishmael from the thief who breaks in could perhaps be refuted based on the principle of Rava, as Rava said: What is the reason for the halakha about the thief who breaks in? There is a presumption that while a person is being robbed he does not restrain himself with respect to his money. And this thief knows that the homeowner will rise to oppose him and said to himself from the start: If he rises against me, I will kill him. And the Torah states: If a person comes to kill you, rise to kill him first. We found a source for saving a life that is in certain danger, but from where do we derive that even in a case where there is uncertainty as to whether a life is in danger one may desecrate Shabbat? Consequently, Rabbi Yishmael’s argument is refuted. The proof of Rabbi Akiva can also be refuted. He brought the case of removing a priest from altar service in order to have him testify on another’s behalf, since his testimony might acquit the accused and save him from execution. But perhaps that halakha is in accordance with the opinion of Abaye, as Abaye said: If the accused says he has a witness in his favor, we send a pair of rabbis on his behalf to determine if his words of testimony have substance. These rabbis would first check that the testimony of the priest is substantive before removing him from the altar. If so, we have found that one interrupts the Temple service to save a life from certain danger, but from where do we derive that one interrupts the Temple service when the likelihood of saving life is uncertain? And for all the other arguments as well, we have found proofs for saving a life from certain danger. But for cases of uncertainty, from where do we derive this? For this reason, all the arguments are refuted.

However, the proof that Shmuel brought from the verse: “And live by them,” which teaches that one should not even put a life in possible danger to observe mitzvot, there is certainly no refutation. Ravina said, and some say it was Rav Naḥman bar Yitzḥak who said with regard to this superior proof of Shmuel: One spicy pepper is better than a whole basket of squash, since its flavor is more powerful than all the others.

(1) The LORD spoke to Moses, saying: (2) Speak to the Israelite people and say to them: I the LORD am your God. (3) You shall not copy the practices of the land of Egypt where you dwelt, or of the land of Canaan to which I am taking you; nor shall you follow their laws. (4) My rules alone shall you observe, and faithfully follow My laws: I the LORD am your God. (5) You shall keep My laws and My rules, by the pursuit of which man shall live: I am the LORD. (6) None of you shall come near anyone of his own flesh to uncover nakedness: I am the LORD....

(24) Do not defile yourselves in any of those ways, for it is by such that the nations that I am casting out before you defiled themselves. (25) Thus the land became defiled; and I called it to account for its iniquity, and the land spewed out its inhabitants. (26) But you must keep My laws and My rules, and you must not do any of those abhorrent things, neither the citizen nor the stranger who resides among you; (27) for all those abhorrent things were done by the people who were in the land before you, and the land became defiled. (28) So let not the land spew you out for defiling it, as it spewed out the nation that came before you. (29) All who do any of those abhorrent things—such persons shall be cut off from their people. (30) You shall keep My charge not to engage in any of the abhorrent practices that were carried on before you, and you shall not defile yourselves through them: I the LORD am your God.