Obligation to Save a Life? Should there be a legal obligation to save a life? In the common law of most English-speaking countries, there is no general duty to come to the rescue of another. Generally, a person cannot be held liable for doing nothing while another person is in peril. By contrast, the Torah (Leviticus 19:16) presents an unequivocal moral obligation "You shall not stand by {the shedding of} your fellow's blood". But why does the Torah convey this vital message in the negative form ("you shall not stand by") rather than the more direct, and therefore, impactful, positive form, such as "you shall rescue your fellow"? The answer is that the obligation to rescue applies not only when there is no risk to the rescuer but also when the bystander must assume some degree of risk to save his fellow. The Torah, therefore, employs the negative form ("do not stand by") to indicate that even when one would assume that he may stand by, because of the risk to himself, the Torah instructs us that we may not stand idly by. The general parameters of the law are alluded to in Rashi's brief words: You shall not stand by {the shedding of} your fellow's blood: {I.e., do not stand by,} watching your fellow's death, and you are able to save him; for example, if he is drowning in the river and a wild beast or robbers come upon him. In Rashi's scenario, there is a risk to the rescuer, for not only is his fellow man drowning, in which case he can pull the fellow out of the water while remaining in the safety of dry land, but there is also a beast or robbers threatening the fellow. On the other hand, the obligation to rescue does have its limits. It applies only when there is a realistic expectation of success, as alluded to in the words of Rashi: "and you are able to save him". Rashi's wording also conveys a profound mystical truth. Often, the justification for standing idly by is the feeling of inadequacy, when a person thinks he cannot make a difference in the face of a daunting challenge. Yet the Baal Shem Tov, founder of the Chassidic movement, taught that anything a person sees or hears is for a reason. If G-d has brought something to one's attention, there must be something he must learn from it. In the words of Rashi "to see his death", if G-d has shown you that your fellow is in physical or spiritual distress, that itself is an indication that "you are able to save him", that you have the ability, and therefore the responsibility, to step in and help. Adapted from the teachings of the Rebbe, Lekutei Sichos 32 Kedoshim 2
ב"ה