The obligation to beware from matters of danger and remove them from one’s midst

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

  1. 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.

 

 

Q&A

Does the obligation and prohibition only apply by matters of potential danger of life, or even against matters that can cause non-lethal injury?[27]

Although from some Poskim[28] it is implied that the obligation and prohibition is only to guard oneself from lethal danger, and not simply to nonlethal injury, nonetheless, practically the Poskim[29] rule that the obligation and prohibition applies even to guarding oneself from nonlethal injury. [However, it is unclear if this is part of the Biblical prohibition or is only a rabbinical requirement.[30] Certainly, however, it is forbidden for one to damage his body even in a non-lethal way, as explained in Halacha 3.]

Must one also beware of supernatural dangers, which have no scientific understanding?

Yes.[31]

 

How does the concept of Hashgacha Pratis and the law of not endangering one’s life coincide:[32]

We are taught that it is an absolute prohibition to enter ourselves into danger and rely on miracles. The reason for this is because G-d does not always perform a miracle for a person, and one must have enough merits for a miracle to be done to take him out of a situation of danger. Now, one may rightfully ask as to why this is the case, as we are also rightfully taught that everything that happens to a person is by divine decree, Hashgacha Pratis. Thus, if G-d did not decree for something to happen to someone, then it should not happen regardless of the situation and as to how dangerous it is. For example, if G-d did not decree for someone to get hit by a car, then seemingly he should not get hit by a car whether he’s walking on the sidewalk, or sprinting onto a busy highway with flying cars? What is incorrect about this notion? The answer is that G-d created the world with a certain system of nature, and the more that is required to override the natural system, the more merits one needs in the eyes of G-d. In other words, while an individual may not be deserving of getting hit by a car while walking on the sidewalk, and thus G-d will not make the rare event occur of a car going out of control and slamming into the sidewalk, this may not be the case if the person decides to sprint down I-95. In that case, it is not G-d who is directly deciding for the person to get hit by the car, but rather His rules of nature that He embedded into creation, which have nothing to do with a person’s innocence or guilt, but rather with the natural order of the world.[33] Now, while of course G-d retains the ultimate decision of whether this individual will die as a result of the natural danger, He does not choose to override this natural danger so easily and freely, and requires that the potential victim have enough merits to deserve being saved, and have G-d intervene to stop the laws of nature which he created from applying to him.

  1. Rabbinical Dangers-Being careful in the matters of danger listed by our Sages and recorded in Halacha:[34]

There are many matters which the sages[35] prohibited due to them potentially leading to danger of life[36], and whoever transgresses them and says, “I will endanger myself and it’s none of anyone else’s business,” or says “I [do not worry of the chance of danger and] choose not to be careful about this,” is liable to receive lashes known as Makas Mardus.[37] [It is likewise forbidden for one to rely on a miracle or for one to endanger his life, in any of these matters of the like.[38] One who is careful to beware of them, on him will befall a good blessing.[39]]

The categories of Rabbinical listed dangers and their level of obligation: There are various categories of dangers recorded in the writings of Chazal, some deriving directly from the Talmud, and some from later authorities, primarily from the works of Rav Yehuda Hachassid. The extent to which one must abide by these dangers will be discussed in Chapter 2.

 

Is the danger physical, for the body, or spiritual, for the soul:

It is possible that by some of the Rabbinically enacted dangers, the dangerous effect is not to the physical body, but rather to the soul.[40] For example, it is possible that not guarding the danger can suddenly cause one to lose all his motivation in serving G-d in prayer and Torah learning.[41]

Ruach Ra’ah: One of the more common supernatural dangers is a danger due to reasons of Ruach Ra’ah, or the evil spirit. Some Poskim[42] rule that although a person will not be actually harmed if he transgresses one of the Ruach Ra’ah Dangers on mere occasion, if he does so often, he will certainly be harmed.

 

Why are gentiles not affected by these dangers?[43]

We find that many of the recorded dangers in the Talmud which are followed only by Jews and not Gentiles do not seem to negatively affect the health of Gentiles. The reason for this is not because these recorded dangers are in truth not dangerous at all, but rather because the Jewish people have a different physique than Gentiles. Jews are more refined in nature due to the giving of the Torah and keeping of the Mitzvos and thus the body becomes a lot more sensitive to anything coarse and negative. Ever since we received the Torah on Mount Sinai, the impurity that was entered to the human body through the bite of the snake in the times of Adam has ceased, and made the Jewish body more refined.[44] Therefore, the body of a Jew is more prone to subtle dangers than is the body of a Gentile.[45] Furthermore, Gentiles eat non-kosher foods and insects and reptiles, which makes their body more coarse and less prone to the more subtle dangers.[46] For this reason, one can explain also why we see secular jews who do not abide by the dangers recorded in the Talmud and are nonetheless not health compromised.[47] [Perhaps this is similar to one who is wealthy and pampered and is repulsed by foods that normal people would eat without a problem in times of need.]

  1. Sakana Chamira Mei’issura-Being more careful in matters of danger than in Halachic prohibitions:[48]

One must beware of all matters that can endanger one’s life, being that a dangerous matter is even more severe than a forbidden matter and one is to suspect more for a possible dangerous matter then for a possible forbidden matter. [This matter has practical ramification regarding the nullification of a food that is prohibited due to danger [i.e. is it nullified, can it be nullified even initially, do we apply Safek Sfeika etc. etc.]. Some Poskim[49] that this rule only applies to natural dangers and not to Segula dangers. Other Poskim[50] however, apply this rule to all kinds of dangers, even Segula dangers.]

  1. The law by a slight danger [i.e. low risk]:[51]

For recreational purposes: Some Poskim[52] rule that it is forbidden for one to enter himself even into a slight level of danger, for unnecessary purposes, such as for a hobby and recreation. [According to this approach, it should be forbidden to drive, fly, climb a tree, go skydiving, for recreational purposes.] Other Poskim[53], however, prove that it is permitted for one to do any activity which is accepted amongst people of the world to be done even if it carries some risk, and even for merely recreational purposes. [Thus, it is permitted to drive a car, and go flying, and on a cruise, and climb a tree, even for recreational purposes.]

For the sake of Parnasa:[54] According to all, it is permitted for one to slightly endanger his life for the sake of Parnasa, making a livelihood. Thus, one may go hunting despite the risks that it carries. Likewise, one may travel by ship for the sake of business through risky water despite the fear of shipwreck. Likewise, one may climb to high places for the sake of his livelihood [such as to climb a tall tree to bring down fruits, or become a window cleaner of a high rise].[55]

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[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

[27] See Devar Avraham 1:37-25; Shemiras Hanefesh Kehilchasa Chapter 1: Iyunim 3; Sefer Shemiras Haguf Vihanefesh [Lerner] Mavo Chapter 2

[28] Implication of wording of Admur Shemiras Guf Vinefesh Halacha 3 and Michaber C.M. 427:5 and Rambam Rotzeiach 11:4 who specify “Sakanas Nefashos”

[29] Implication of wording of Admur Shemiras Guf Vinefesh Halacha 14 “One is obligated to beware of his body, to not cause it loss, destruction or injury.”; Minchas Chinuch Mitzvah 546-547; Mabit in Kiryas Sefer Azhara 292; Semag L.S. 167; Sefer Yireim Amud Hayirah Mitzvah 44; Tosafos Shavuos 36a; Ben Ish Chaiy Pinchas 2:8; Divrei Malkiel 2:53; Aruch Hashulchan C.M. 427:6

[30] From some of the sources above it is implied that it is part of the biblical prohibition [i.e. Kiryas Sefer; Minchas Chinuch; Semag; Yireim; Aruch Hashulchan], while from other sources it can be understood that it is only rabbinical [i.e. Ben Ish Chaiy] As to the contradiction in Admur, perhaps one can answer that only actual danger of life is included in the biblical prohibition while damage to the body is part of the rabbinical prohibition.

[31] So is proven from various examples brought below and so rules the Bircheiy Yosef on Yoreh Deah chapter 339.

[32] See Sefer Chinuch Mitzvah 546; Likkutei Sichos volume 30 Parshas Vayeishev page 297.

[33] See Chinuch ibid.

[34] Admur C.M. Shemiras Haguf Vihanefesh 4; Michaber 427:9-10; Rambam Rotzeiach 11:5; Rama Y.D. 116:5 “All the matters to be listed are forbidden due to danger and one who guards his soul is to distance himself from it.”; Darkei Teshuvah Y.D. 116:57

[35] The scriptural basis: This Rabbinical prohibition is based on the verse “Hishamer Lecha, Ushemor Nafshecha Meod/Beware for yourself and guard your soul very much.” [Smeh C.M. 427:12; Imrei Yaakov 10:15; Omitted from Admur ibid] Seemingly, the sages learned from the word “Meod” that there are additional matters of safety that a person must be careful in, even though Biblically the percentage of danger is not high enough to include it in the Biblical prohibition of “Do not spill blood in your home.”

Is this prohibition Biblical or Rabbinical-Does one transgress a Biblical command on the matters listed by the Sages? Some Poskim rule that these matters are only Rabbinically mandated for one to beware from, and the above verse is a mere Asmachta. [Implication of wording of Admur and Michaber ibid as after mentioning the negative commands applicable by one who does not remove a hazard from his home he goes ahead and mentions all the matters which the Sages forbade, thus implying that these matters are merely Rabbinical, and so is also implied from the fact that only Makos Mardus is given; Beir Hagoleh 427 Ayin; Implication of Ben Ish Chaiy Pinchas 2] Other Poskim, however, rule it is a Biblical obligation based on the above verse that was revealed by the Sages, although only Rabbinical lashes are given being that it is Chatzi Shiur. [Tevuos Shur 13:2; Chidushei Chasam Sofer Avoda Zara 30a;] Practically, it all depends on the percentage of danger, as if the chance of danger is very high, such as one who walks on an unsteady bridge or ladder, then he Biblically transgresses and is liable for Biblical lashes, while if the level of danger is low, then it is only Rabbinically forbidden. [See Darkei Teshuvah 116:57 in name of Shem Aryeh Y.D. 27 that so is the intent of Admur here; Avnei Tzedek Y.D. 49; Igros Moshe C.M. 2:76; Yabia Omer 1 Y.D. 8; Betzeil Hachochmah 4:118; Shulchan Chaiy Pesicha; Yad Yitzchak 2:80] See Imrei Yaakov 10:15; See Shemiras Haguf Vihanefesh [Lerner] Mavo Chapter 1; See in length Encyclopedia Hilchatit Refuit Erech Berius Vol. 2 pp. 352-355

[36] Admur ibid; Michaber 427:9

[37] Admur ibid; Michaber 427:10

How many lashes are given by Malkus Mardus: Some say it consists of 13 lashes. [Rashi and Rabbeinu Tam] Others say it consists of 39 lashes, as the Biblical one’s [Tosafos and Rashba], and others rule that it is given in accordance to the estimate of the Beis Din of how many lashes he can handle. [Rabbeinu Yona; See M”B 496:3] See Sdei Chemed 5 p. 53; Imrei Yaakov 10:16

[38] Rama ibid

[39] Michaber ibid; Omitted from Admur ibid

[40] Nachalas Avos 28b; Soles Belula, brought in Kaf Hachaim 4:19, explains that all the above mentioned consequences of touching the body with impure hands refers to spiritual matters. Meaning if one touches his eyes or ears then on that day he will be blind or deaf to matters of Torah that he reads or hears.

[41] The Tzemach Tzedek once witnessed his helper going to eat food that was left under the bed. The helper said to the Tzemach Tzedek “Rebbe, I do not fear the evil spirit.” The Tzemach Tzedek replied “Fool, fool, Do you know what an evil spirit is? It causes you for three days to not want to learn or Daven.” [heard from Rav Eliyahu Landau Shlita]

[42] Makor Chaim of Chavos Yair 4:3

[43] See Ben Ish Chaiy Pinchas 2; Yabia Omer 1:8; Sefer Shemiras Haguf Vihanefesh [Lerner] Mavo Chapter 5

[44] See Shabbos 146a.

[45] Ben Ish Chaiy ibid

[46] Avoda Zara 31b; Ben Ish Chaiy Pinchas 2.

[47] Yabia Omer ibid

[48] Michaber O.C. 173:2; Rama Y.D. 116:5; Chulin 10a; Kitzur SHU”A 33:7; Sefer Shemiras Haguf Vihanefesh [Lerner] Mavo 8

[49] Toras Chesed E.H. 5:5; Imrei Eish Y.D. 60; Tuv Taam Vadaas Telisa 2:198; Maharshag 2:240; Yabia Omer 1 Y.D. 9

[50] Chelkas Hasadeh 25 based on Birkeiy Yosef Y.D. 9; Shulchan Chaiy Pesicha 3 based on P”M O.C.4 A”A2; M”Z 7

[51] See Imreiy Yaakov 10 Biurim 6; Shemiras Hanefesh Kehilchasa Chapter 1:4 1; Sefer Shemiras Haguf Vihanefesh [Lerner] Mavo Chapter 2:2

[52] Noda Beyehuda Tinyana Y.D. 10; Shem Aryeh Y.D. 27 ; See Admur 433:32 regarding that one must hire workers to search a mound for Chametz, and may not search with one’s hands being that there is danger of scorpions, even though it is a mere slight danger; Sefer Shemiras Haguf Vihanefesh [Lerner] Mavo Chapter 2:2

[53] Implication of Admur, Tur, in 248 regarding traveling by ship for a Tiyul that only 3 days before Shabbos is there a restriction; Implication of Michaber 531:4 that it is permitted to travel in the Diaspora for Tiyul even from one country to another; Imreiy Yaakov 10 Biurim 6; Implication of Halacha of the four people who need to recite Hagomel, due to having been in areas of danger, hence implying that even initially one may make a dangerous tri that requires him to then say Hagomel; See P”M Pesicha of Hilchos Netilas Yadayim O.C. 157

[54] Noda Beyehuda Tinyana Y.D. 10; Shem Aryeh Y.D. 27 that so is proven from the law the four people who need to say Hagomel.

[55] Noda Beyehuda Tinyana Y.D. 10

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