"Jewish ethics begins with theological beliefs in divine creation, the fashioning of humans in the divine image, the Torah’s record of commandments designed to sanctify the people Israel, and the efforts of rabbis in the past two millennia to apply these beliefs and practices to contemporary life"
Rabbi Nevins
Are there any texts that speak to saving one life over a different life?
What would the criteria be?
(ז) הָאִישׁ קוֹדֵם לָאִשָּׁה לְהַחֲיוֹת וּלְהָשִׁיב אֲבֵדָה. וְהָאִשָּׁה קוֹדֶמֶת לָאִישׁ לִכְסוּת, וּלְהוֹצִיאָהּ מִבֵּית הַשֶּׁבִי. בִּזְמַן שֶׁשְּׁנֵיהֶם עוֹמְדִים לְקַלְקָלָה, הָאִישׁ קוֹדֵם לָאִשָּׁה:
(ח) כֹּהֵן קוֹדֵם לְלֵוִי, לֵוִי לְיִשְׂרָאֵל, יִשְׂרָאֵל לְמַמְזֵר, וּמַמְזֵר לְנָתִין, וְנָתִין לְגֵר, וְגֵר לְעֶבֶד מְשֻׁחְרָר. אֵימָתַי, בִּזְמַן שֶׁכֻּלָּן שָׁוִין. אֲבָל אִם הָיָה מַמְזֵר תַּלְמִיד חָכָם וְכֹהֵן גָּדוֹל עַם הָאָרֶץ, מַמְזֵר תַּלְמִיד חָכָם קוֹדֵם לְכֹהֵן גָּדוֹל עַם הָאָרֶץ:
(7) A man takes precedence over a woman in matters concerning the saving of life and the restoration of lost property, and a woman takes precedence over a man in respect of clothing and ransom from captivity. When both are exposed to degradation in their captivity the man takes precedence over the woman.
(8) A priest takes precedence over a levite, a levite over an israelite, an israelite over a mamzer, a mamzer over a natin, a natin over a convert, and a convert over a freed slave. When is this so? When all these were in other respects equal. However, if the mamzer was a scholar and the high priest an ignoramus, the scholar mamzer takes precedence over the ignorant high priest.
What does the above text articulate about the value of life?
How do you feel about this message?
Can one life be traded for another?
What does this text say about sacrificing one live to save the many?
Rabbi Jehiel Jacob Weinberg, who survived the Shoah and understood the terrible moral calculus forced on communal leaders in crisis, writes in his responsa:
"Rather the interpretation [of the Sheva b. Bikhri story] is that [saving] life is the highest value, and it is not given to quantification or assessment [of value], even if many lives can be saved only by the killing of one person. Murder is absolutely forbidden with no limit or condition."
"only if the one person was already sentenced to death, or actively dying, or specified by the attackers, or certain to die with the rest of the group, and only in the context of a war, could one be sacrificed to save the many."
Rabbi Nevins
Rabbi Dorff offers the story of Sheva b. Bikhri in its rabbinic retellings as a basis for instituting a policy in the extreme situation of a pandemic in which one viable patient could be denied scarce medical resources or even removed from them in order to treat one or more other patients.
Which view do you find more compelling based on the story?
(ה) נָשִׁים שֶׁאָמְרוּ לָהֶם עוֹבְדֵי כּוֹכָבִים תְּנוּ לָנוּ אַחַת מִכֶּן וּנְטַמֵּא אוֹתָהּ וְאִם לָאו נְטַמֵּא אֶת כֻּלְּכֶן יִטָּמְאוּ כֻּלָּן וְאַל יִמְסְרוּ לָהֶם נֶפֶשׁ אַחַת מִיִּשְׂרָאֵל. וְכֵן אִם אָמְרוּ לָהֶם עוֹבְדֵי כּוֹכָבִים תְּנוּ לָנוּ אֶחָד מִכֶּם וְנַהַרְגֶּנּוּ וְאִם לָאו נַהֲרֹג כֻּלְּכֶם. יֵהָרְגוּ כֻּלָּם וְאַל יִמְסְרוּ לָהֶם נֶפֶשׁ אַחַת מִיִּשְׂרָאֵל. וְאִם יִחֲדוּהוּ לָהֶם וְאָמְרוּ תְּנוּ לָנוּ פְּלוֹנִי אוֹ נַהֲרֹג אֶת כֻּלְּכֶם. אִם הָיָה מְחֻיָּב מִיתָה כְּשֶׁבַע בֶּן בִּכְרִי יִתְּנוּ אוֹתוֹ לָהֶם. וְאֵין מוֹרִין לָהֶם כֵּן לְכַתְּחִלָּה. וְאִם אֵינוֹ חַיָּב מִיתָה יֵהָרְגוּ כֻּלָּן וְאַל יִמְסְרוּ לָהֶם נֶפֶשׁ אַחַת מִיִּשְׂרָאֵל:
(5) If idolaters will demand one of a group of women, saying: "Yield us one of among you and we will defile her, if not we will defile you all", let all be defiled, rather than surrender to them one soul in Israel.4Terumot, 8.12. C. G. Likewise, if idolaters will say to a group of men: "Yield us one of you and we will kill him, if not we will kill you all", let all of them be killed rather than surrender to them one soul in Israel. If, however, they single out the one, saying: "Give us that man, if not we will kill you all", if he be guilty of a capital crime, as, for example, Sheba son of Bichri5See Second Samuel; 20. 1. G., they may surrender him to them, but it is not commendable to advise them to do so; if he be not guilty of a capital crime, they all must submit rather than surrender them one soul in Israel. (RAMBAM)
What is RAMBAM's criteria for turning over one person to save the many?
Tosefta Terumot 7:20
If a caravan of [Jewish] people were attacked by gentiles who demanded, “Give us one person to kill, or else we will kill you all,” then they should all die before giving up one Jewish life. But if [the attackers] singled out one [victim], as in the case of Sheva ben Bikhri, they should hand him over, and not all die. Rabbi Yehudah said, in what case did they say [not to hand over the victim]? Only when the victim was inside [the barricade] and the attackers were outside, but if they were already inside and prepared to kill everyone, then they may hand him over and not all be killed.
Jerusalem Talmud, Terumot 46b
It was taught about caravans of [Jewish] people who were on the road, and were attacked by gentiles who said, “Give us one of you to kill, or else we will kill you all.” Even if they would all die, they should not hand over one Jewish life [But if] they specified one person, like Sheva ben Bikhri, they may hand him over rather than be killed. Rabbi Shimon b. Lakish said, but only if he had been sentenced to death [by a Jewish court] like Sheva b. Bikhri. But Rabbi Yohanan says, even if he hadn’t been sentenced to death like Sheva b. Bikhri [but...?].
What qualifications are being added to whether or not a person can be handed over?
What statement is this Gemara making about taking care of oneself and taking care of others?
“Do not stand [idly] over the [endangered] blood of your companion”
How is this text from Leviticus a proof text for the text in Nedarim?
Rabbi Yosef b. Meir Teomim (1727–1792)
Pri Megadim, OH, Mish. Zahav, # 328:1.
Nevertheless, if there is one [patient] who is in certain danger according to the physicians and others, and another who is only in possible danger, and there is not enough medication for both, the [person in] certain danger supersedes the doubtful danger.