The Jewish Home | JULY 21, 2022
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Delving into the Daf
Stealing to Save a Life? By Rabbi Avrohom Sebrow
R
av Shlomo Halberstam, zt”l, the Bobover Rebbe, was instrumental in saving many lives during the Holocaust. The Bobover Rebbe borrowed whatever money he could to secure visas and travel documents for would-be victims. The money borrowed was directly responsible for lives being saved. After the war, Mr. Benedict, one of the lenders, demanded immediate repayment of all funds borrowed. Rav Shlomo Halberstam’s father, the previous Bobover Rebbe, Hy”d, was killed in 1941, during World War II. Rav Shlomo Halberstam himself barely escaped becoming a victim of the Nazis. When Rav Shlomo Halberstam finally came to America, he did not yet have a following of his own; it was only years later that the Bobover dynasty was reestablished. Hence, at the time that the loans were to be repaid, Rav Shlomo Halberstam was under great financial strain. He suggested to Mr. Benedict that they arrange a payment plan. In this way, the loan would be paid back in full but in small installments. Mr. Benedict, however, perhaps himself under great financial strain, wanted the full loan amount paid at once. Rav Shlomo Halberstam fully expected that many members of Klal Yisrael would help repay the loans, but at that point, he was left holding the bill. Rav Shlomo argued that according to the letter of the law, he should not have to repay the loans at all. The Gemara says (Kesubos 19a) that no potential transgression stands in the way of saving lives except for the sins of murder, idolatry, and arayos. If one is faced with a choice of either doing nothing or stealing and saving someone’s life, surely, we would
advise one to steal and save a life! It is true that the Yerushalmi seems to say that one should rather give up his life than steal; however, that is not the halacha. The Shulchan Aruch rules that one can steal to save a life. Further, the Gemara in Bava Kama teaches us that Chazal instituted that someone who damages items while trying to save someone’s life is exempt from providing restitution. Chazal’s rationale was that some people might refrain from attempting to save lives if they know that they will have to foot the bill for damages. Shouldn’t the same logic apply to our scenario? One should be able to borrow money in order to save a life without the need to worry about how he will pay it
to save a life. However, one can only steal with the intention of making restitution. True, there is a rabbinic enactment to exempt a life-saver from damages. However, that institution is limited in scope. It pertains specifically to Rav Moshe Feinstein, zt"l, with the Bobover Rebbe, zt"l damages caused in the course of saving a life. We don’t find anywhere that it absolves one from restitution for Moshe was, does the full $10,000 need theft or from paying back loans. Hence, to be repaid? if a person stole while attempting to save On this point, Rav Moshe conceded a life, he would have to make restitution, that the Bobover Rebbe may be correct. as the Shulchan Aruch rules. Similarly, The Gemara in Yevamos (106a) discusses a scenario where someone was running away from pursuers and offered a captain an exorbitant sum of money to take him across the river. The Gemara says that the fleeing individual only has to pay the captain his regular fare and not the promised windfall. The exorbitant sum was only promised under duress. Perhaps here, too, the Bobover Rebbe only signed the documents valuing the cheap assets at $10,000 because lives were hanging in the balance. Rav Moshe left this particular issue for a beis din to decide. However, he borrowed funds that were successfully advised the Bobover Rebbe to pay the used to save lives must be repaid. uncontested $3,000 immediately if he Apparently, the loans were not made could. in cash but rather in valuables. The Bobover Rebbe signed that he agreed to pay back their full value, which was stated in the loan document to be $10,000. Rabbi Avrohom Sebrow is a rebbe at YeIn truth, the Bobover Rebbe knew that shiva Ateres Shimon in Far Rockaway. In the real value of the assets was closer to addition, Rabbi Sebrow leads a daf yomi $3,000. Under duress, knowing that any chaburah at Eitz Chayim of Dogwood Park delay would cost lives, he signed the loan in West Hempstead, NY. He can be contacted documents. The question posed to Rav at ASebrow@gmail.com.
Rav Shlomo Halberstam fully expected that many members of Klal Yisrael would help repay the loans, but at that point, he was left holding the bill.
back. If we require the rescuer to pay back the funds, he might refrain from attempting to save lives. Rav Halberstam stated unequivocally that he wanted to pay back the full loan amounts. However, he floated these arguments to induce the lender to grant him more time to pay back. Still, Rav Moshe Feinstein, zt”l, (Igros MosheC.M. 2:63) sided with Mr. Benedict. The Shulchan Aruch does, in fact, rule that one may steal in order
