Pikuach nefesh

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(The following text or part of it is quoted from the free Wikipedia article Pikuach nefesh:)

Pikuach nefesh (Hebrew: פקוח נפש, "watching over a soul") is the principle in Halakha (Jewish law) that the preservation of human life overrides virtually any other religious rule of Judaism. In the event that a person is in critical danger, most mitzvot — including those from the Ten Commandments of the Torah — become inapplicable if it would hinder their ability to save themselves or someone else in such a situation.[1] However, there are certain exceptions; some rules and commandments may not be broken under any circumstances, thus sanctioning an act of self-sacrifice.

Origin and interpretation

Biblical source

The Torah, in Leviticus 18:5, states simply: "You shall keep My statutes and My laws, which a person shall do and shall live by them. I am the LORD."[2]

Ezekiel 20:11 states the following: "And I gave them my statutes, and showed them my judgements, which if a man do, he shall even live in them."

Drawing the line

The principle of preservation of life, pikuach nefesh, has limitations. The individual whose life is to be saved must be a specific, identifiable individual, rather than an abstract or potential beneficiary.[3] Another question is what constitutes a life-threatening situation. Some situations are clearly life-threatening, such as one who is dying of a disease and will die without medical intervention, or one who is drowning and will not be able to escape the water without help from another. In other situations, it may be unclear if a life is truly in danger. For example, if a person is feeling "extreme pain," this may be tremendously uncomfortable, but it is unclear whether it may lead to death. It is always considered preferable to err on the side of caution (i.e., "violating" Jewish laws), even if this later turns out to be unnecessary.[4]

Uncertainty

If it cannot be ascertained whether or not a situation is life-threatening, the situation must be considered life-threatening until proven otherwise, thereby allowing action to be taken. It is of prime importance that if one believes a life may be in danger, and seconds may count, that persons involved not delay helping the victim out of fear of violating halakha, or in order to determine if such a violation is permissible according to halakha. If one takes action in violation of halakha to save a life when they believe the situation is life-threatening, but later learns that there was no threat to a human life, they have not sinned, and must not feel guilty over having made such a mistake.[5][6][7]

Who must help

In a life-threatening situation, when possible, it is necessary that the most qualified individuals available provide all assistance necessary during every moment of the situation. But when seconds count, there must be no delay in determining who is more qualified.[8]

If there is a choice between two Jews, and there is clearly plenty of time to decide, it is preferable that the more observant of the Jews break the halakha. This shows the importance of breaking halakha when a life is on the line, and that less observant Jews are not permitted to serve the purpose of breaking halakha to avoid having more observant Jews do so.

If there is a choice between a Jew and a Gentile who are equally qualified, and the situation is not urgent, it is preferable that the gentile provide the assistance (with a notable exception of childbirth, for the purpose of providing more comfort).[9]

References

  1. ↑ REFbook Robinson, George Robinson (2001): Essential Judaism: a complete guide to beliefs, customs, and rituals. P. 100.
    Quote: For example, as noted in Chapter 2, the principle of pikuakh nefesh, of saving a life, takes precedence over virtually all other mitzvot.
  2. ↑ Leviticus 18:5 Hebrew "אֲשֶׁר יַעֲשֶׂה אֹתָם הָאָדָם וָחַי בָּהֶם"
  3. ↑ REFbook (1992) Finding Medical Cures: The Promise of Fetal Tissue Transplantation Research. U.S. Government Printing Office. P. 115.
  4. ↑ REFweb Saving Lives on Shabbat, www.chabad.org. Retrieved 29 August 2016.
  5. ↑ REFjournal Schwartz, Barry L.. (Today's World) Jewish Heroes, Jewish Values: Living Mitzvot 1996; 120: 68.
    Quote: Saving one life is like saving an entire world.
  6. ↑ REFbook Berwin, Mel, Sartori, Jennifer (2004): Making Our Wilderness Bloom: Women Who Made American Jewish History. P. 191.
    Quote: PIKUACH NEFESH Judaism values life more than anything else. We are commanded to preserve our own lives and those of ... potentially lethal drugs ... in a building or car on fire The Hebrew phrase pikuach nefesh means saving a life.
  7. ↑ REFbook Lebeau, James M., Garfinkel, Stephen (1983): The Jewish dietary laws: sanctify life. P. 112.
    Quote: These situations demonstrate the flexibility of Jewish law. Some would argue that the many instances of martyrdom throughout Jewish history involving Kashrut observance, violate the principle of saving a life. There have been times when ...
  8. ↑ REFbook Rosner, Fred, Bleich, J. David, Brayer, Menachem M. (2000): Jewish bioethics. P. 289.
    Quote: In the Jewish tradition the value with which human life is regarded is maximized far beyond the value placed upon human ... The mitzvah of saving a life is neither enhanced nor diminished by virtue of the quality of the life preserved.
  9. ↑ REFweb Pikuach nefesh, Jewish Virtual Library. Retrieved 15 April 2022.
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