This article is an excerpt from our Sefer 

Buy here on Amazon

The obligation to beware from matters of danger and remove them from one’s midst:[1]

2. The Biblical obligation:[2]

It is a Biblical obligation in the Torah for one to guard his health and physical safety and to beware of his body, to not cause it loss, destruction or injury. The following are the details of this command.

The negative command: It is a positive command [in the Torah] for a person to make a fence [i.e. guardrail] on his roof[3], and anyone who leaves his roof without a fence aside for transgressing this positive command, also transgresses a negative command [listed as one of the 365 negative commands[4]] against [potentially] spilling blood in one’s home[5],  as the verse[6] states “Do not place blood in your home.”[7]  This negative command against causing blood to spill in one’s home applies both for roofs and for anything else that poses a danger, and that a person can stumble on and die.[8]

The positive command:[9] In addition to this negative command, there is also a [Biblical[10]] positive command for one to remove and guard himself from any matter which poses potential danger of life, and for one to well beware of it, as the verse[11] states “Hishamer Lecha Ushemor Nafshecha Meod/guard yourselves and guard your soul very much.”

One who transgresses:[12] If one transgresses the above and allows to remain and does not remove [from his home] the matter which poses a safety hazard, then he has nullified the above positive command and also has transgressed the negative command of “thou shall not place blood.” [and is liable for lashes[13]].

Removing a danger from one’s midst:[14] From the above it is understood that the Biblical obligation, and both positive and negative command, does not just prohibit one from entering a dangerous scenario, but furthermore, actually requires one to remove a danger from his vicinity even if it was created due to no fault of his own.

The types of dangers to which this Biblical obligation applies:[15] Not all matters of potential danger fall under the above Biblical prohibition, and it all depends on the percentage of danger. Depending on how high the risk of danger is will effect whether there is a Biblical obligation to beware, or a mere Rabbinical obligation, or no obligation at all. See D! 

The verse of Vinishmartem Meod Lenafshoseichem: Some Poskim[16] rule that the verse [Devarim 4:15] of Vinishmartem Meod Lenafshoseichem refers to the guarding of one’s life from dangers, and hence one who enters himself to a dangerous situation transgresses this command. However, this verse is omitted from most Poskim [including Admur, the Michaber and Rambam], as a source for the obligation to guard one’s health and only the previous verse of “Hishamer” is recorded. The reason for this because the simple meaning of this verse refers to guarding the Mitzvos, and not to matters of health.[17] The verse of Veach Es Dimchem Lenafshoseichem Edrosh [i.e. suicide]: Some Poskim[18] learn that the verse [Bereishis 9:5] of Veach Es Dimchem Lenafshoseichem Edrosh, speaking against Bnei Noach committing suicide, includes also a requirement to guard one’s life from dangers, and hence one who enters himself to a dangerous situation transgresses this command. However, this verse is omitted from most Poskim [including Admur, the Michaber and Rambam], as a source for the obligation to guard one’s health and only the previous verse of “Hishamer” is recorded. The reason for this because the simple meaning of this verse refers to the actual intentional commitment of suicide and not to simply endangering oneself.[19] However, seemingly the prohibition for one to intentionally injure his body through hitting it or fasting seemingly derives from this verse.[20] However, some Poskim[21] learn also this prohibition against self-affliction from the previous verse of “Hishamer” The reason Hashem commanded us to guard our souls, and health:[22] Hashem created the world for a purpose, which is to provide creatures with an opportunity to recognize G-d’s greatness and to serve him through observing His Torah and Mitzvos. Now, one who is lax with his life and safety expresses that he does not care to serve G-d and does not care for His great kindness, and there is no greater belittlement and heresy than this. The body is not yours and is a mere Pikadon in your hands:[23] A person does not have possession over his body at all to be allowed to hit it , or to embarrass it , or to pain it in any form of pain. [The reason for this is because Hashem gave man his life and soul as a mere Pikadon, and not for him to take possession over, and hence it is not within his jurisdiction to treat it in a way that can damage it, just as a guard must make sure to guard and prevent damage from the possessions that people entrust him with.[24] Hence, from a certain perspective, one who damages his body is in essence stealing from Hashem.[25]] The body is holier than the soul:[26] From the fact that the Torah commands a Jew desecrate Shabbos for the sake of saving a life, we can understand that the life of a Jew is even holier than that of the holiness of Shabbos. From here we can learn the preciousness of the body of a Jew, and how he must guard it from dangers.

_________________________________________________________________________

^[1] See Admur Shemiras Guf Vinefesh Halacha 3-4; Michaber C.M. 427:8 and 10; Rama Y.D. 116:5; Shemiras Hanefesh Kehilchasa Chapter 1; Sefer Shemiras Haguf Vihanefesh [Lerner] 218:3; Mavo Chapter 1

Does the obligation and prohibition only apply by matters of potential danger of life, or even against matters that can cause non-lethal injury? See Q&A!

Does the prohibition against suicide also include a prohibition against entering oneself into danger? See Shoel Umeishiv Tinyana 3:123 [yes]; Divrei Malkiel 5:35; Shemiras Hanefesh Kehilchasa Chapter 1:5 p. 17

[2] Admur Shemiras Guf Vinefesh Halacha 3 and 14 “One is obligated to beware of his body, to not cause it loss, destruction or injury.”; Michaber 427:8; Rambam Rotzeiach 11:3; Implication of Brachos 32b and Maharsha there Shavuos 36a;; Levush Ir Shushan C.M. 426:11 [Unlike Levush Y.D. 116:1-See Darkei Teshuvah 116:57]; Tevuos Shur 13:2; P”M O.C. 4 A”A 2; Y.D. 97 S.D. 3; Noda Beyehuda Tinyana Y.D. 10; Chidushei Chasam Sofer Avoda Zara 30a; Minchas Chinuch Mitzvah 546; Chochmas Adam 68:4; Chayeh Adam 15:24;  Shoel Umeishiv Tinyana 3:122; Aruch Hashulchan C.M. 427:8; Marcheshes 20; Mishmeres Shalom 108; Beis Yehuda Y.D. 25; Zivcheiy Tzedek Y.D. 116:4; Avnei Tzedek Y.D. 49; See Minchas Chinuch Mitzvah 546; Shemiras Hanefesh Kehilchasa Chapter p. 19; Shemiras Haguf Vihanefesh [Lerner] Mavo Chapter 1; See in length Encyclopedia Hilchatit Refuit Erech Berius Vol. 2 pp. 352-355

Other opinions-This command is merely Rabbinical: Some Poskim rule that there is no Biblical command to guard one’s safety and that it is merely a Rabbinical injunction. [Possible implication of Michaber ibid who rules a transgressor only gets Makas Mardus; Levush Y.D. 116:1; Beir Hagoleh C.M. 427 Ayin leaves this matter in question; Shivim Temarim Ayin Daled 1, 4 writes that it is merely Rabbinical and that the verse is a mere Asmachta; Rabbeinu Yerucham  Nesiv 15:30; Semak 171; Divrei Malkiel 4:62]

[3] Admur Shemiras Guf Vinefesh Halacha 1; Michaber 427:1; Rambam Rotzeiach 11:1; Sefer Hamitzvos Rambam Asei 184; Sifri Ki Seitzei 229; Semag Asei 79; Sefer Hachinuch Mitzvah 546

The scriptural source: As the verse [Devarim 22:8] states “And you shall make a fence for your roof.” [Admur ibid]

[4] Sefer Hamitzvos Rambam L.S. 298; Sefer Hachinuch Mitzvah 547

[5] Admur Shemiras Guf Vinefesh Halacha 3; Michaber 427:6; Rambam Rotzeiach 11:3; Sifri Ki Seitzei 229; Likkutei Sichos 2 Parshas Ki Seitzei

[6] Devarim 22:8

[7] Admur ibid; Michaber ibid

^[8] Admur Shemiras Guf Vinefesh Halacha 3; Michaber C.M. 427:7; Rambam Rotzeiach 11:4; Sifri Ki Seitzei; See Shemiras Hanefesh Kehilchasa Chapter 1:3 p. 12

Does the positive command to make a fence also apply to all matters of danger? From Admur and Poskim ibid it is implied that the positive command to make a fence only applies by a fence. However, see Shemiras Hanefesh Kehilchasa Chapter 1 p. 8 for different opinions on this matter.

[9] Admur Shemiras Guf Vinefesh Halacha 3; Michaber 427:8; Rambam Rotzeiach 11:3; Levush Ir Shushan C.M. 426:11 [Unlike Levush Y.D. 116:1-See Darkei Teshuvah 116:57]; See Brachos 32b and Maharsha there; Shavuos 36a; See Minchas Chinuch Mitzvah 546; Sefer Chassidim 1551;  Imreiy Yaakov 10:11; All Poskim in next footnote.

Other opinions-This command is merely Rabbinical: Elsewhere we find that this verse does not refer at all to the guarding of one’s health or safety, and is rather a warning in Scripture against forgetting Torah learning. [See Admur Hilchos Talmud Torah 2:4; Levush Y.D. 116:1; Mishneh Avos 3:8; Menachos 99b] Accordingly, some authorities rule that the use of this verse as a safety precaution is merely Rabbinical and that the verse is a mere Asmachta. [Possible implication of Michaber ibid who rules a transgressor only gets Makas Mardus;  Levush Y.D. 116:1 writes it is Rabbinical; Beir Hagoleh C.M. 427 Ayin leaves this matter in question; Shivim Temarim Ayin Daled 1, 4 writes that it is merely Rabbinical and that the verse is a mere Asmachta; Rabbeinu Yerucham  Nesiv 15:30; Semak 171; Divrei Malkiel 4:62; See Minchas Chinuch Mitzvah 546; Shemiras Hanefesh Kehilchasa Chapter p. 19; Shemiras Haguf Vihanefesh [Lerner] Mavo Chapter 1]

[10] Implication of Admur ibid; Michaber ibid; Rambam ibid; Levush C.M. 426:11; Tevuos Shur 13:2; P”M O.C. 4 A”A 2; Y.D. 97 S.D. 3; Noda Beyehuda Tinyana Y.D. 10; Chidushei Chasam Sofer Avoda Zara 30a; Minchas Chinuch Mitzvah 546; Chochmas Adam 68:4; Chayeh Adam 15:24;  Shoel Umeishiv Tinyana 3:122; Aruch Hashulchan C.M. 427:8; Marcheshes 20; Mishmeres Shalom 108; Beis Yehuda Y.D. 25; Zivcheiy Tzedek Y.D. 116:4; Avnei Tzedek Y.D. 49

Other opinions: See previous footnote!

[11] Devarim 4:9

[12] Admur Shemiras Guf Vinefesh Halacha 3; Michaber 427:8; Rambam Rotzeiach 11:3; Chochmas Adam 68:4; Chayeh Adam 15:24; Avnei Tzedek Y.D. 49

Other opinions: See next!

[13] See Admur C.M. Shemiras Guf Vinefesh 4; Michaber 427:9-10 that the sages prohibited a number of matters and one who transgresses is liable for Makos Mardus, and possibly in this case one would require Biblical Malkus. Vetzaruch Iyun. [See Smeh C.M. 427:12; Tevuos Shur 13:2; Chidushei Chasam Sofer Avoda Zara 30a; Imrei Yaakov 10:15]

[14] Admur Shemiras Guf Vinefesh Halacha 3; Michaber 427:8; Rambam Rotzeiach 11:3; Chochmas Adam 68:4; Chayeh Adam 15:24; Avnei Tzedek Y.D. 49

Other opinions-This command is merely Rabbinical: Some Poskim rule that one who does not remove a danger from his midst only transgresses the positive command of making a fence. [Shivim Temarim Ayin Daled 1, 4; Shemiras Haguf Vihanefesh [Lerner] Mavo Chapter 1]

[15] See Halacha B that a number of matters were restricted by “the Sages” hence implying that not all matters are under the Biblical obligation; Admur 316:23 and M”A O.C. 316:23 that only one in a thousand spiders are lethal in food and hence it is not considered a danger; Darkei Teshuvah 116:57 in name of Shem Aryeh Y.D. 27 that whether it is Biblical or Rabbinical is dependent on percentage of danger; Igros Moshe C.M. 2:76 that by a mere low suspicion of danger it is only Rabbinical; Avnei Tzedek Y.D. 49 that Biblically we are not Machzakinin Issura by revealed liquids; Yabia Omer 1 Y.D. 8 that fish and meat is only Rabbinical as its uncommon; Betzeil Hachochmah 4:118 that only a continuous danger, like an unfenced roof, is Biblical; Shulchan Chaiy Pesicha that only natural dangers are Biblical and not Segula dangers; Yad Yitzchak 2:80 that even Segula dangers are Biblical] See Imrei Yaakov 10:15; See Shemiras Haguf Vihanefesh [Lerner] Mavo Chapter 1

[16] Rashbatz in Zohar Harakia 118; Noda Beyehuda Tinyana Y.D. 10; Kitzur SHU”A 32:1; See Brachos 32b where this verse is mentioned by the demon to a Chassid Echad who was not careful in his safety; See Tosafos Shavuos 36a; Shemiras Hanefesh Kehilchasa Chapter 1:1 footnote 3.

[17] Levush Y.D. 116:1

[18] Sefer Chassidim 675; Levush Y.D. 116:1; Shoel Umeishiv Tinyana 3:122; Aruch Hashulchan Y.D. 116:1; See Encyclopedia Talmudit Erech “Miabeid Atzmo Ladaas” Vol. 38

[19] Shem Aryeh Y.D. 27 based on Bava Kama 91b; Peri Chadash in Mayim Chaim on Shavuos 36

[20] See Admur Hilchos Nizkeiy Guf Vinefesh Halacha 4; Torah Temima on verse ibid; See Halacha 3

[21] Binyan Yehoshua on Avos Rebbe Nasan 3:4; Urim vetumim 27:1; Aruch Hashulchan C.M. 420:43’ Kuntrus Likkutei Imrim 13 of Chofetz Chaim

[22] Beir Hagoleh C.M. 427; See also Chofetz Chaim in Kuntrus Likkutei Imrim chapter 13.

[23] Admur Hilchos Nizkeiy Guf Vinefesh Halacha 4; Rambam Rotzeiach 1:4; Radbaz on Rambam ibid

[24] Radbaz on Rambam Sanhedrin 18; Likkutei Sichos Shoftim vol 34 p. 106

[25] Likkutei Sichos ibid

[26] Or Hachaim Hakadosh Shemos 31:13

Bookmark