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LEVITICUS | 25:38 live — LEV1075 It is clear that, when halakhically indic...

LEV1075 It is clear that, when halakhically indicated, a patient is not only obligated to seek medical care but may be compelled to do so. See sources cited in [ROSNER-BLEICH, p. 43, n. 100, df. Ibid. p. 42, n. 97]. Since the obligation of rescue is phrased as a prohibition against standing idly by "the blood of your fellow," the source of an obligation to save one's own life is somewhat elusive. It is, of course, an uncontested halakhic principle that "A person is his own relative" (adam karov ezel azmo). See Sanhedrin 9b and 25a, Ketubbot 18b, and Yevamot 25b. By the same token, it may be argued that a person is his own " fellow" and thus owes himself the selfsame duties [lengthy source list omitted]. Note should be taken of the fact that the Gemara, Bava Mezi'a 62a, cites the verse "and your brother shall live with you" (Leviticus 25:38) in establishing that preservation of one's own life must be given preference over the rescue of another. An obligation to preserve one's own life may readily be inferred from that definition. Also, Rambam, Hilkhot Roze'ah 11;4, cites the verse "take heed of yourself and safeguard yourself" (Deuteronomy 4:9) as establishing an obligation "to be watchful" with regard to any matter that poses a danger, as well as the negative commandment "and you shall not bring blood upon your house" (Deuteronomy 22:8) as establishing an obligation to remove a source of danger. See also Hilkhot Roze'ah 11:5. The latter verses serve to establish a positive command, whereas "nor shall you stand idly by the blood of your fellow" establishes a more stringent negative prohibition for failure to seek life-saving interventions. Afikei Yam, II, no. 40, s.v. ve-haya, suggests that failure to preserve one's own life may be halakhically equivalent to suicide. Pesika Rabbati, chap. 24, advances an exegetical rendition of lo tirzah (Exodus 20:13) as lo titrazah in establishing that felo-de-se is encompassed in the prohibition against murder [lengthy list of additional sources omitted]. Rambam, Hilkhot Roze'ah 2:3, declares suicide to be prohibited on the basis of the verse "But your blood of your lives I will require" (Genesis 9:5) ...

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Source KeyHURWITZ
Verse25:38
Keyword(s)live
Source Page(s)70, ft. 6
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