Do not Stand by While Your Brother’s Blood is Shed (לא תעמוד על דם רעיך) by Rabbi Shai Finkelstein

hello everyone okay so uh first we would like to uh to say that the sh this academic here is sponsored by uh in memory of Mel Davids uh by his daughters and son-in-laws um and um and also that's it so she be okay so um today we will begin ER a new series of classes talking about that you should not stand aside while your brother's blood is shed which obviously has a tremendous ramifications to current events and uh also some other ramifications such as um organ donations and uh and other things we are talking now about risking your life to save someone's life I'm not talking about risking your life to rescue dead bodies or or things like that I'm talking about saving lives um and we will go through the mot and obviously we will add few things when it comes to and but that will be much later on so first let's start with the themselves with the sources themselves so the T says in that you should not stand aside um while you your brother's blood is shed an AEM I am AEM your I am AEM now Rashi says what does it mean which literally says do not stand on his blood now what does that mean says rash to see that he's about what to die and you can what you can save him k G if he drowns in the river or beasts or thieves or whatever these murderers come to attack him I am that I will give you reward for doing that I will punish you if you didn't now until now it sounds great the only problem with Rashi is that there is a word that Rashi used which is the most fluid flexible word and the most subjective one which is what does it mean now what do we mean so I'll give you examples someone is drowning in the river I don't know how to swim but the river is not that strong I can basically jump into the river and perhaps save him is that considered a maybe yes maybe no I'm a firefighter and I hear I see someone in the fire I have the equipment I can go in I I'm not a firefighter okay I don't have the equipment and I maybe will not be able to go in so is is subjective and also what I will call risk assessment some people like to take risks more than the others some less so the entire idea of Y is something very subjective and therefore when I look at Russia it says y it's almost impossible to Define when is the obligation really applies what does it mean okay so let's leave that aside and we will see that many of the of the commentators are trying to deal with that and after obviously after that so rashbam who was rash's grandson says what does that meaned so I need to give a little bit of an introduction here we have a concept in which obviously deres from the which is called what does it mean r r is someone who chases you now the Tora the tal says that what that you can kill the r and you are not considered as what as a murderer we have it in R and we also have it with rape thear basically equates both of them now the idea of hurting the rode is really has in a way uh maybe I'll put it like that you can interpret that law in two ways protecting the victim or preventing the person to do something that he will regret you with me which means you have the r okay maybe not if it's if it's here why not right okay we have ruen we have Shimon and we have Min I don't know okay so Shimon is chasing Mas he is the okay me oh R is for Rabbi okay so the rabbi the rabbi looks at the who runs after man so the rabbi has what an obligation to stop it so the question in yes analysis is what's the origin of the of the permission to do it is that to save Mas or is that to save Shimon from murdering or from harming Mas so you know we have a very interesting by the way very interesting question what we call saving someone spiritually what do I mean by that there are aot like that in the see I I saw one in the 17th century and there was I think one in the 13th century questions that are terrible what do I mean terrible one from the 16th century I 17th century I remember um better than the one in the 13th the question there was a Jew um took a loan couldn't pay it so the non-jew said to him um as a collateral I'm going to take one of your children and I'll send them obviously to a Christian School and the question there was what to give the boy or the girl to give away the boy or the girl so that's question number one and the second question is and all interrelated is who's do you have more obligation to spiritually save a boy or a girl because of the influence and what can happen meaning the girl even if she will be the most devouted Christian her children will be Jewish if the boy marry an non Jew so we will know what what will be the consequences so this is an incredible questions that they had to do that 17th century leave alone 13th century the one from the 17th century I just remembered by so there's also a question like that so now the rash unlike Rashi he understood that this of talks about what about the R so now this is an interesting thing why because according to the rashbam we talk about according to Rashi we talk about what any case of seeing your friend being at risk meaning if you see that your friend drowned in the river there is no r ACC to Rashi the PUK still obligates you to do what to save him according to the rashbam I'm not saying that the rashbam disagree with Rashi principally in principle obviously we all agree with Rashi because that's the what the gar says but the rashbam perhaps will say that this PUK does not teach you that you need to risk your life to save your friend's life it's only when you have a situation of or okay Robert neglect yourself somebody dying and drowning is not is it the righteous thing I I didn't get it I'm just using my comments as you do not need if you don't know how to swim you don't need to kill yourself to rescue someone but at the same time if you have at least a minimum swimming skill will you watching somebody drowning and dying I don't get it where does teaching come from I'm not sure if I if I understood you correctly you are asking why would a person would risk his life trying to save someone else's life if he knows he cannot save him or he can how he know the question is how do you know right so the question is this is the question the first question I said how do you subjectively define something that it's so subject how sorry how objectively you can define something that it's so subjective which means what does it mean when rash says what does it mean do I need to have level five in swimming or only level three in swimming is that a river like a the Jordan River or is that like a the rhinest in in Germany I don't know so the question is is that what does it mean which will be obviously the main thing okay now also don't forget you need to add to it what human fear some people can swim well but you know what they are afraid you know so the fact that I can swim does not mean that I can pull you if you are I don't know 500 pound on my shoulders and swim in the middle of the river to save you because both of us will drown and we also know that thear says it's the famous M between RAB AKA and Shimon Ben P if you have one water one water bottle and you are in the desert and it's yours you don't need to share it if you both die there is no righteousness in there's not if if to for having both of you die there is no righteousness in it so obviously we have a lot to consider yes but we only started yes though only started being no no I'm saying that what I spoke about here is that what is the origin for the obligation is the origin of the obligation for R to save m is because m is in danger or it's in order to try to prevent I know if you already have it look you're in this situ thinking about the oppressor I have a problem with that because there situations are very black and white there's pressure there and some but some of them can be vague and some of the of them can be gray like what like like what there not the case of but if you see someone puts in the oven before Shabbat he puts bread in the oven before Shabbat and he forgot to be to take it out can you do it in B in order to save him even though you shouldn't do that okay the the talks about the idea of which means so we have it that's what I'm saying what I'm saying is it's complex and by the way in this we're not going to cover it all I'm sure you're going to have a little bit more questions because if we will it will be a year long semester and I'm not planning on doing it there two different things here one where there is a there is both instances someone is at risk exactly and it's upon you to what to save him that itself and I wrote about it I mean is the idea that Judaism commands you and demands of you to what to risk your life for someone else this is like part of the DNA meaning you're going to throw your future your family your children everything to save someone else's life in the what I will call realm of probabilities or realm of possibilities and uh the idea is that it's a Mitzvah it's not a generosity of your heart that what go like God command you to put F in command you to what to risk your life to save someone else's life how much risk you need to take no we're going to talk about the related issue of the trolley problem you probably remember the hear about the trolley problem if you can if there's a trolley coming to kill one person versus five and you're the engineer who could switch to tracks right so there's there's all kinds of related issues with with saving it has nothing to do with Road da it has nothing to do with putting yourself at risk but also making moral right if you you want to make it you want to make it tougher okay you see an entire family drowning in the river okay children ages 2 five 79 and their parents who do you save first you can save only one okay you want to make it more complicated I think it was complicated enough but if you want to make it more complicated yes so this is the idea of our issue let's go back to the unless there are any more questions no okay so the izra says the following so the really asked himself a question that we didn't ask before the started with what with you shouldn't gossip and then after the gossiping the the Commandment against gossiping then there is that you shall risk your life in order to save someone else's life says the what's the connection whyer between the two parts of the P says so gossiping is basically what yeah it's I'm I'm hearing from you I'm telling this guy I'm hearing from this guy I'm telling the other guy that's gossiping now what's the idea do not befriend people who are what is murderers what kind of murderers many people were killed or murdered because of what of what is it's bad mouthing it's telling someone else about someone else and he says isid servant who did what the soul servant maybe who report the death to the the king so you talk about the the the soul servant who report the death to the King David no no no that's the no no that's the who is he was David's uh I will call it uh one of his rabbis yeah he taught him something I know if he taught him everything or he taught him something but and because of that many people were killed which means basically he says like that I'll give you one I'll give you one example of people who get receive L and because of that they caused tremendous death no that gave David bread and and a sword you remember that one and then sha went ahead and killed them all so and that's how the ibra understands so the ibra looks at this p and says what that has nothing to do with risking your life in order to save someone else's life that's why I brought all those commentators to show you that it's not um it's not that that all of them think like Rashi okay Rashi based himself from the T the M but says and it makes a lot of sense when you try to understand what's the connection between what between the beginning of the of the p and the end of the P he says the idea is what does it mean do not associate and do not befriend people who bed mouth other people because it will lead to what to murder so just don't be there okay don't associate yourself with those people so that's what the even Ezra okay however the r on page two he he obviously defines the Mitzvah and he says the following says the Mitzvah is that the Torah warned us what is from not doing our best from not doing our best this is little bit different than then that we should not that we should do our best in Saving someone's life I mean from when we will see that he is in danger oh have have said not only life and death but also have said which means I see that someone conspire against a Jew and he's going to what to lose all his to lose his business now what's the difference between AB the possibility higher possibility okay it's open for auction okay what is okay my my handwriting like yes okay so is ability now ability can be not necessarily my ability it can be what hiring other people to do it meaning I have an ability to provide rescue here it's more I can or I cannot which means physically I can or I cannot so RAM and the it's all based on the we will see some of it um the rambam talks about what that first we are warned to what to save someone else's life a b even if it's not a life death situation even if it's a said just harming damaging or whatever it is we also need to what to rescue that that uh that person if he drown in the water and we know how to swim if there is a who tried to kill a friend of ours and we can talk to the to change his mind and the warning that comes from that the Commandment is it's a negative commandment like you should not stand aside while your blood while your friend blood is being shed now it's a very interesting thing the phrase the way the Torah phrase it is not a positive commandment it doesn't say You must save your friend just say what what you cannot do now why again because there is so much gray area because of the capability the ability or the capabilities therefore the Tor phrase it in a way what you cannot do one thing you definitely cannot do is to stand aside that we don't do the expands and um and elaborates on this commandment by saying that if I know testimony that will help you out in judgment and I for my own calculations says oh maybe I shouldn't go and testify because it will put me in trouble so whatever it is this is also part of this commandment everything that helps your friend save your friends from danger you must do even if it will cost you personally if you don't testify you will what what does it mean he will carry his sin upon himself where is the source that if you know a testimony for your friend that you cannot be silent about it you must say it and where is the sour that if you see your friend drowning in the river or you have thieves coming to attack him or if a beast come to attack him that you must what you must save him so according I'm going to explain according to the what is a is M which means second century in is in mid we have two mid one one and all their disciples and basically it says from the Commandment of you learn few things a you need to save your friend's life when is's at risk life and death situation you need to help your friend if you have a testimony that can help him out you need to do that if you see that a beast or a robbers or thieves or whatever come and attack your friend you need to help him out and the last thing is uh R so the r is also there so you see the rash each one of them probably took something else but at the end of the day becomes what the principal law that whatever whenever you see your friends in danger you must save him or help saving you we just learned this morning in one of us sh that the positive yeah so you have so which one takes very good so hey you see that no the question is on one hand you have an obligation to keep yourself safe now I have a commandment or really a negative Commandment that says what that you shall not stand aside while your Bloods friends blood is shed and you need to risk your life there is no contradiction you need to risk your life you don't need to heal yourself and this is exactly going back to our issue how do you define this gray area of capabilities okay now I will just throw something will deal with that at the end kidney donation KY kidney donation yeah now kidney donation is something that people do but you know even though after uh the doctors clear you and they say that you are okay obviously if God forbid your other kidney um is uh is infected affected by something you have only one one which can be dangerous so it might be that in the short term you okay but in the long term no one can guarantee you anything can someone survive with one kidney sure people can run a marathon with one kidney this is not the issue the issue is that when you have a healthy kidney you can have only one when you have a a sick kidney it's better to have two okay so here you go and you have something that I brought it something that it's very modern and the question there are we obligated for example to give a kidney to someone else who really needs it so here you have something that medically it's little easier you still Vish because all the doctors told you you are fine but at the end of the day you can put yourself at risk look everything we do you put yourself at risk when you help an someone who cannot cross the the street and you help him or her it might be an elderly person it might be a woman with two babies and two dogs and you know one cat and when you and you go and you help her or him to cross the to cross the road you put yourself in in danger every time you do something you put yourself somewhat at risk okay when you give your seat to an elderly person on the bus and then the bus driver decides to watch to put the brakes on you know and you fly if you would sit you would be okay because you did a mvah you know No Good Deeds Goes without uh being whatever punished so so the idea is is what is that everything that when you help someone else obviously you take upon yourself for R to give a testimony okay let's say you need to give a testimony that helps your friends the problem is that when you testify you testify against a gang okay that's obviously putting yourself at risk without what I would call a physical risk of jumping into the river so obviously we have this this idea okay in it says the following we are in the middle of page two you still even have the English you know I don't know what what uh what happened to me that I put the English for you but uh yeah I know it's very nice but don't expect it every time so uh in it says the following the the reason for this precept is well known now this this reason is a very interesting reason because at the beginning I thought it's a very altruistic reason God comms you to risk your life to save someone else's life because and you need to help others and blah blah blah here this is little bit more of a like um it's very beneficial meaning I just want to know that you will save me when I'm in need so I'll save you when you are in need by the way very similar to says the same reason for that precept that why we have because I know I lose things and you'll find it and you'll give it to me and I know and you know that you lose things so therefore it's like reciprocity everyone is happy so here it's a very interesting thing because what exactly happen if uh he not my friend this guy is drowning in the river I mean I prayed for him to drown in the river but it happens to be that no B Punk when he drowns in the river I I'm there to so if you ask me I don't need him to save me so does that mean that I don't need to save him no obviously not but the idea is According to seph which is very interesting it's little bit I think it's much more than is knowing that someone care for you and you care for them that creates more than just caring that's what we called AR we learn it from our the entire AR the idea that I can fulfill a Mitzvah and I can then can fulfill it for you for example we learn it from our you know from what you will never guess they fail they basically they they stumble because because of their friends and the says you know like in all Jewish federations there's no like that it's a m that it comes from what from so the idea is can you translate please they stumbled with each other they stumbl because of each other is guarant yeah mhm so we learn it from where that they they stumble because of each other meaning if a Jew make a sin in France Jews in yush will suffer and I can fulfill my commandment and I can blow thear for you as well so that's what theph say so now it's time to what to try to delve a little bit deeper into this Su so take a look at the in San gim goofa so concering concerning the matter itself it is thought in a BRI from where it is derived that one who sees another drowning in the river or being dragged Away by a wild animal or being attacked by Bandits is obligated to save him so the PUK says you shall not stand idle by the blood of another of your friend the says you want to tell me that thear ask about this derivation but is this really derived from here it is derived from there from a different PUK from where from it says it derives from where from a different verse as it is thought the Torah teaches that one must return Lost Property to its rightful owner but from where it is derived that one must help his neighbor who may suffer the loss of his body or his he so says which means we basically have twoim we have you shall not stand aside or idle by while your friend's blood is shed and we also have so the says if you are if you are obligated to what to return the Lost object obviously you must return what a lost soul a lost body so the gamar says no if we will learn it from you would think what only if you found it and if you can pick it up but you don't need to what to hire others to do it for you it's come to teach you what not only that you are obligated to risk your life to save your friend's life but you also are obligated to what to spend money to hire people to save your friend's life so we have two obligations one is what on me I need to do it if I can B if I can or if I refuse because I'm afraid or whatever it is I need to pay for a professional rescuer and then I I don't know if you will see it or not but then there is a question can I tell my friend that I rescued pay me back okay it cost me to bringa cost me $20,000 pay me back so not sure if we'll talk about it or not but what we learn from this is not only that I have an obligation to do it I have an obligation to what to make sure that my friend is saved and if not by me by someone else okay page three says Rashi page two page three yeah you see there's too much English writing here I just say it in a few words you see you see how many sentences you need to have in order to translate one Hebrew sentence um Russ says the following the says what is and I don't need it it's Superfluous why because if it says that you need to return the Lost object obviously the body itself which means what if I saw him drowning in the river so I need to save him come to teach me what now what does it [Music] mean it's almost don't stand on yourself don't rely on yourself H not word rely no you have to examine make sure you're in the safe place she doesn't consider yourself what you should not consider only yourself ah you should not consider only yourself okay I would say the following I I think it's a little bit of an elaboration but I think that's what he means this phrase is very rare and it's almost unexplainable but I think what he says is don't sell yourself short but rather think about all the possibilities of how you can save your friend meaning sometimes you are let's say you are the only one you are next to the river you see your friend drowning in the river you don't know how to swim you even jumped and then you went back to the bank of the river because you are afraid and you don't know how to swim you can't you can't save the guy you can basically make a decision that moment of what sorry you know you can offer a VI but that's it you know you can't do anything about it you go it's hard but you go you go home he says don't sell yourself go and run and try to find out what maybe there is someone else call I don't know who try try you call somebody if you have a phone today you go with life cards and all this type of stuff you're talking about somebody any River and there's no lifeu around and even if you have a phone call he's going to drown within five minutes and maybe not you have to today yeah that's what he says years ago but today some of these things can be I agree responded I agree right so you need to do everything you can to make sure that you tried the best in whatever ancient time or modern time you need to make sure you need to make sure that what that someone that you try to get someone do the best you to help it's more than that the best you can is exhaust all your exactly that's what it means which means try everything in the book and outside of the book okay if you need to write SOS and put it on fire so maybe someone will come it might be too late for the guy but for you you need to do everything you can okay says the reef The Reef isii who lived in the 11th century in Spain and he says the following Tanya how do we know that someone who sees his friends drowning in the river Beast come and drags him thev come and attacks him and attack him that he must save him what is it's not only it's not only that he needs to save his friend but also he needs to what to rent people and to hire people to what to save this guy so the reef which Isis take the and basically put it in now take a look at the r says the following anyone who can save a friend so if you could and you didn't you are violating a negative commandment so if sees his friends drowning in the river or theves coming or whatever it is or a beast and he can save him by himself or he can rent he can hire other people to save him if he heard that non-jews or others are basically conspiring against him and he didn't let his friend know about it in advance or if he knows that another friend is very upset with his friend and he's going to do something evil to him and he didn't try to what to mediate between those friends you violate now I'm just going to throw one question anyone here works at the IRS works at the IRS now I want to ask you a question let's say you walk at the IRS and you have a case about Mr Cohen Mr Cohen forgot for the last 25 years to report that he has few accounts more than he reported before and you understand immediately the penalties and even might be even prison now it happened to be the Mr Cohen is the Cohen in your SHO and you always thought that he and everything is great and you have his case his file case on your table should you could you can you call Mr Mr Cohen and say Mr Cohen I would advise you to talk to your CPA uh and maybe ask for a nice meeting with the IRS before they ask for a meeting with you can you do that that's sounds good sounds right reps it to the IRS no the IRS already buil a case against Mr Cohen he reports it to his people else so that's what be even that will be to some extent it can be worse because I'm not touching it I'm giving it someone else and this Mr someone else maybe really does not like any Mr Cohen or doesn't like this specific Mr Cohen so why am I'm telling you that I'm not going to address it now I'm just want to tell you that this sh we can go to so many different directions um because according to the rambam and this is what is very interesting with the rambam based on the T and the that he elaborates and he expands this principle of to so many different uh different areas do psych someone is unemployed or someone is depressed and he needs a a counselor and he doesn't have the money to pay for it it's so it's not it's not just physical that a is coming it does not mean only blood blood it might be every time that your friend is in in distress about case about the what your case I don't know we'll see okay page number four one [Music] more Jew or anyw there a Jew excuse me Rob is there an answer for Mr Cohen yes but not now back next week I'm not sure even it will be next week but yes okay the page four so that's what the ramb says right the m is a commentary on the R so it says everyone who can save and didn't save so he violated the Commandment so same quotes don't need to go back and to explain to you it's a basically a quote from what we saw which is you need to have the two verses to teach you what not only that you must save someone's life but you also what need to hire others to help you okay I told you that some of the questions that we ask will be answered so says you need to pay him back which means if I hired a an a rescue team to save you and it cost a helicopter ambulance and whatever it is and it cost $15,000 you need to pay me back but it is only depends on what if the NIT the person who was rescued has the money now how do I know this guy is drowning in the river if you ask me I don't know if he's Bill Gates or if he's uh someone else okay now I cannot ask him while is he do you have $115,000 if he says yes I'm calling and if he says no I'm saying goodbye you know I don't think you can now so obviously the thing is is what you hire the guys then you go and assess you go to him and you say look I paid for it $115,000 and he can tell you I have it or I don't have it but you definitely has a claim on him but it's not that if he doesn't have the money you don't save him and then he says was one of the students of mahen uh from in the 13th century in Germany so he says he is already beginning of the 14th and now take a look at that and we will see that later on he brings the Jerusalem that says so until now we thought you can save your friends Life by very I would say minimum ACC to now when I have saf most of the times when I say saf it's 50/50 in every other realm in if I have uh okay this is this isan is not allowed to eat it's a like a fat and there is Shan that I can eat okay when I when the talks about is what is 50 50 therefore when I see it means what that I am obligated to put myself in 50% risk now how do you know now that's still we have an issue but according to thei it seems to be that the requirement is higher than the B which means I expect of you and that's the's explanation from on that that you will risk you will take 50% risk up to 50% risk in order to save your friend's life and then it says says the reason for is this guy if you're not going to jump into the river he is definitely going to what to die so that's a 100% uh um yeah chance for him to die you I can demand of you to what to risk yourself 50% in order to save a 100% okay so this is the me remember it for next week because this is something that is definitely an interesting very interesting thing because I will tell you that even 50% risk still can be very subjective if you're talking about let's say fire okay and I'm a fireman my to for me to get to 50% risk is definitely higher higher than your 50% of risk not knowing how to deal with fire if I'm a lifeguard for me 50% risk is only in the middle of the ocean when you have aim okay um and and and for us 50% might be only you know the first three meters of the ocean so obviously but but according to thei there is an idea that you put yourself in a 50% risk in order to save your friend's life you have to try you have to more than try it's even more than try also by the way with all organ donations that we are talking about while you are alive I'm not talking about after someone is dead I mean the risk that you can take is obviously much higher sure it's it's obviously a sore to kill yourself um but let's say you come out to save somebody and the persons you don't know who they are they're out there and they're flailing and and they say don't come don't come and you what do you mean don't come I have to save you no I don't want to be saved just go away and I owe you nothing he has money and it's going to be $50,000 to $100,000 to get what you need to get to to come to him he already told you even though it was in distress he doesn't want to live he doesn't want you he's not going to do anything for you to pay you back okay then what I thought you're going to ask a different question that I'm going to ask you and leave you with that question the answer is you need to go and jump and save him that's not that's not his choice I thought you're going to ask a different question this is the question I'm going to ask you and leave you with it you jump into the river and you try to help him but he or she are in tremendous stress and they fight you right yeah and then you are drowning mean all they are you didn't see and they are very heavy and they are basically pulling you down you understand and because there's a lot of panic so therefore what do you do now in this question now it becomes what you your life my life is also at risk so the question is when do you let go okay when is that 50% that you say okay you know what if I'm not letting go now I'm going to be killed with this guy so I'm not saving him and I'm not saving myself so where is that moment now by the way this is such a relevant question especially nowaday which is incredible with theim okay and with other what do you do in order to save another's life and what kind of harm ways now I would say and we're really going to conclude now that the Army and a war sometimes has different rules 50% might be different and also it might be 80% there is what we called they will do everything for their friends including more than 50% risk so how do we deal with all of that we're not going to address all of those questions obviously some of are very heavy and some of them we don't really have a good answer and some of those questions they don't come to ask us you know it's nice to sit here in the B midash and to discuss it but when you are on site you can't uh you can't make those decisions but I would say that obviously what we learn from here that it has ramifications to many many um uh different subjects and we'll talk more next week