EXOD41 Jewish law does not require someone to intervene when the risk to his life is substantial. Prof. Aaron Kirschenbaum explains: "The whole purpose of the obligation 'You shall not stand by while your neighbor's blood is shed' is the preservation of life. If its fulfillment can be accomplished only by the sacrifice of the life [of the would-be rescuer], then its purpose has been undermined and frustrated. Under such circumstances, the obligation falls away." [But while there is no obligation to intervene, it is still viewed as an act of heroism, and worthy of great praise. Thus, Louis Jacobs cites several instances from the Bible in which people put their lives In great danger to save others:... Moses saw an Egyptian overseer mercilessly beating a Jewish slave and, at the risk of his life, attacked and killed the man [this and previous verse]. In addition, Jewish law that does not require us to intervene (though it encourages us to do so) even when the danger to our life is not great (e.g., at the scene of a fire, where we can pull a person out of a room that is not yet engulfed in flames) but views it as a saintly act midat chasidut to do so (Aaron Kirschenbaum). ... The Jerusalem Talmud requires a person to put himself in some danger if the danger to the other party is great; however, this ruling is not accepted as binding by most legal scholars.

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EXOD44 See [[EXOD377]] Exodus 20:7 clear DUTIES 725-7

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EXOD45 There are injunctions, such as injuring or striking another, whereby part of the general populace does not keep the principal injunction [i.e., instead of violating only individual aspects of the injunction]. For example, one who hits another individual has transgressed two prohibitions, as the pasuk (Devarim 25:3), "Forty shall he strike him, he shall not add, lest he exceed..." [The verse is discussing specifically one who gives lashes administered by beis din, that he may not exceed the required amount, but it applies to any striking of another. This contains two prohibitions--"He shall not add" and "lest he exceed."] Many transgress these prohibitions when they hit their wives [i.e., in the belief that beating one's wife is different from hitting his fellow man (Sha'arei Teshuvah Hamevo'ar). Our Sages, z"l, said (Sanhedrin 58b), "Whoever raises a hand against another, even if he does not strike him, is referred to as one who is wicked, as the pasuk says [this verse], 'He said to the wicked one, "Why would you [wish to] hit your companion?" It does not say, 'Why did you hit? 'But rather, 'Why would you [wish to] hit?'" Iyov [Job] said (Iyov 31:21), "If I ever were to raise my hand against an orphan." Our Sages, z"l, also said (Sanhedrin 58b) that Rav Huna cut off the hand of the one who hit [this individual habitually struck his neighbor, so he was penalized according to the rule (Sanhedrin 46a), "Beis din would strike and punish... In order to create a fence and safeguard" (Rashi; Tosafos, however, argues that this punishment was according to the letter of the law)], as the pasuk says (Iyov 38:15), "Their raised arm will be broken."

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EXOD46 We are forbidden to raise our hands to strike someone. The Talmud explains that the person whom Moshe called a rosho (wicked) did not actually strike the other person, but merely raised his hand to do so. Anyone who raises his hand to strike another person is considered wicked, even if he does not actually with the blow fall. Sanhedrin 58b. The Talmud continues that striking an Israelite's cheek is tantamount to striking God. Being called wicked for raising the hand against someone is not an exaggerated or figurative expression. In Jewish law, a person who raises his hand to hit someone is actually invalidated from serving as a witness in court. Choshen Mishpat 34:4

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EXOD43 One must remember that it is extremely desirable to free oneself from the company of men whenever it is possible to do so and sit in his room alone, for most transgressions take place between two people--such as adultery, slander, lying, and flattery. He who sits alone will escape all these, for he will not vaunt himself over others and will not hear their scoffing. And when he is together with them, he must chastise them in three ways: in striking them, as in the case of Pinchas, who took a spear in his hand (Bemidbar 25:7); in word, as in the case of Moshe our teacher, may peace be upon him, who said to the wicked one [this verse]: "Why do you strike your friend?"; In thought, as in the case of King David, who said (Tehillim 26:5): "I hate the company of evil doers, and I will not sit with the wicked." And who can always contend with them, since they are always transgressing? But when you sit alone, you remove this responsibility from yourself and you are spared many transgressions. But one should befriend the saintly and the wise and sit in their company and learn from them, as it is written (Mishlei 13:20): "He who walks with the wise will become wise."

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EXOD47 Judah ben Tabbai and Simeon ben Shatah received the tradition from them [the above Sages]. Judah ben Tabbai said: [When sitting as a judge] do not act as a lawyer; and when the parties to a lawsuit are standing before you, regard both as wicked, in the wrong; but when they have departed from your presence, regard them both as innocent, as they have submitted to the judgment. Pirkei Avot, Perek I mIshnah 8. The judge should initially adopt a skeptical attitude toward all claims, maintaining his suspicion. The claims of all parties should be considered questionable. Should he rather be soft-minded and impressionable, he will end up by believing everybody and indorsing conflicting claims. ... Once the trial is over, however, and the decision rendered is accepted, then regard them both as righteous. Do not dwell on the fact that one of the litigants attempted to possess something which according to the judgment was not his. Do not retroactively condemn the man because he has been found in the wrong. He might be wrong due to honest error, rather than wicked. The point is that both have now accepted the decision. Both have now placed themselves under the law. Both are righteous. Frequently, of course, the principals in a lawsuit continue to argue even after the decision has been handed down. They do not accept the judgment as a reflection of the truth of the matter. This could well be the meaning of the mishnah's words, "when the two… stand before you": after the judgment is given, they stand and argue. In such instances the litigants forfeit their right to be considered estimable. "Regard them as wicked." Yet another sense lies in this directive to "regard them both as wicked." There is a prima facie impropriety about being involved in a lawsuit to begin with. If both are genuinely pious, they would long ago have reached a compromise. Neither would insist on the letter of the law; they would rather each forgo some of his own rights. When Moses saw two Hebrews quarreling, at once "he said to the wicked one, Why do you smite your fellow?" [this verse]. Now, how did Moses know which of the two was in the wrong? But perhaps the answer is that if a quarrel persists there must be an element of wrongness in both the parties.

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EXOD48 See [[EXOD29]] Exodus 2:3 Nile OXFORD 90-1

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EXOD49 Resh Lakish said: One who raises his hand against his neighbor, though he does not strike him, is called "wicked," as it is written: "and he said to the wicked one: Why will you strike your neighbor!" It is not written: "Why did you strike," but: "Why will you strike." Though he had not struck him he was called "wicked" (Sanhedrin 58b).

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EXOD50 Another reason why lashon hara is responsible for our galus [exile-AJL] is that it causes the Jewish people to be subjugated with backbreaking labor, as we find in Parashas Shemos. On the pasuk: אָכֵ֖ן נֹודַ֥ע הַדָּבָֽר, Indeed, the matter has become known (Shemos 2:14), Rashi explains [that Moshe wondered which sin Bnei Israel had committed that made them deserve the punishment of backbreaking labor, but after he saw Jews speaking lashon hara, he understood why they deserve this treatment.] Additionally, we find this explicit statement in the Midrash Rabbah on Parashas Ki Seitzei: “Hashem said, ‘In this world, because there was lashon hara among you, I removed My Schechinah [Divine presence – AJL] from your midst, but in the future...’” (Devarim Rabbah 6:14). We find another clear reference to this idea in Parashas Vezos Haberachah. On the pasuk:... וַיְהִ֥י בִישֻׁר֖וּן מֶ֑לֶךְ בְּהִתְאַסֵּף֙ רָ֣אשֵׁי עָ֔ם יַ֖חַד שִׁבְטֵ֥י יִשְׂרָאֵֽל׃ And He was King over Yeshurun [Yisrael], when the leaders of the nation gathered, and the tribes of Israel were unified. (Devarim 33:5), Rashi (citing Sifri) explains: When is He King over Yeshurun? Only when the tribes of Israel are unified, and not when they are divided into disparate groups--which, we know, happens as a result of lashon hara. Besides, how is it possible for us to receive Hashem's blessings, for which we yearn, when we have accustomed ourselves to this sin? There is an explicit curse in the Torah--אָר֕וּר מַכֵּ֥ה רֵעֵ֖הוּ בַּסָּ֑תֶר, Cursed is one who strikes his fellow in secret (Devarim 27:24)--is encouraged by one who speaks lashon hara, as Rashi there explains. That is aside from the other curses one is liable to incur for speaking this way, as explained at the end of the opening sections.

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EXOD51 See [[EXOD15]] Exodus 1:17 feared AHAVCH 25

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