Pikuach nefesh

Pikuach nefesh

"Pikuach nefesh" (פיקוח נפש, "saving of human life") is the principle in Jewish law that the saving of a human life paramount, virtually overriding any other religious consideration.

"Talmudic" source

The Talmud discusses a number of cases as examples in which biblically mandated laws can be disregarded for the sake of sacing a human life. ["Bavli" "Yoma" 84b] All of these examples relate to "Sabbath" prohibitions: rescuing a child from the sea, breaking apart a wall that has collapsed on a child, breaking down a door about to close on an infant, and extinguishing a fire to save a life. The "Mishna" there discusses when one is permitted to break his or her fast on Yom Kippur: "If one is seized by a ravenous hunger (ostensibly referring to something life threatening), he may be given to eat even unclean things until his eyes are lightened." ["Bavli" Yoma 83a]

Maimonidies explained that the purpose of the rules of "pikuach nefesh" is to encourage "compassion, loving-kindness, and peace in the world." ["Mishneh Torah", Fact|which section|date=September 2008 2:3]

"Pikuach nefesh" has limitations. The individual whose life is to be saved must be a specific, identifiable individual, rather than an abstract or potential beneficiary.

Examples of "pikuach nefesh" that override other religious considerations

Organ donation

According to some halakhic rulers, organ donation under Jewish law is one classic example of the obligation to violate a commandment because of "Pikuach nefesh". Saving one's life can override the prohibition against desecrating a corpse. However, due to the limitation that a specific life must be in danger, a specific organ recipient must generally be identified before the organ is removed. Organ removal to organ banks for possible future is generally prohibited by all Orthodox Judaism halakhic decisors. [ [http://www.hods.org/English/ArticlesE.asp HODS - Halachic Organ Donor Society ] ]

habbat and holidays

The laws of Shabbat and the Jewish holidays may be suspended for the purposes of "pikuach nefesh". The earliest known example of this took place in 167 BCE, when Mattathias and the Hasmoneans declared that it was permitted for their followers to fight on the Sabbath day to defend themselves from attack. One is allowed to travel in order to save another’s life, and medical care may be provided to critically ill patients. According to Moshe Feinstein, it is permissible to travel to accompany a woman in labor to a hospital because the Talmud is especially solicitous of health with respect to pregnancy and childbirth.Rabbi Yehoshua Neuwirth. "Shemirat Shabat Kehilchatah". Jerusalem: Mekhon Nishmat Aharon ve-Ya'akov, 1993. ] Shabbat laws can also be bent for a woman who has given birth in the last three days to make sure that she is comfortable and healthy.

One is allowed to drive a woman to a hospital on Shabbat to give birth, since birth can be life-threatening without medical supervision. Similarly, one may sign a consent form for surgery on Shabbat if the surgery will otherwise be delayed.

Non-kosher food

If necessary for recovery, a patient may eat non-kosher foods. In the Babylonian Talmud, Chapter 8 of Tractate Yoma mentions pregnancy cravings for non-kosher food (the passage discusses a pregnant woman who craves pork on Yom Kippur) as the paradigmatic example of a presumed life-threatening situation where a person is allowed to eat non-kosher food (and is permitted to eat it on Yom Kippur).

See also

*Self-sacrifice in Jewish law

References


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