Pregledni rad
https://doi.org/10.31192/np.15.3.2
The attitude toward lifesaving in jewish law - The Good Samaritan an ideal or a duty, a moral or legal obligation?
Kotel DaDon
orcid.org/0000-0002-3542-3754
Sažetak
In this article, the author is researching and analyzing the attitude toward lifesaving in Jewish law. The purpose is to show the genuine status of the so called “Good Samaritan” in Jewish law and to ascertain if it represents a legal duty or a moral inspiration. The author starts with a short introduction. The central part of this article is the analysis of the main aspects of the obligation to save lives in the Jewish law, starting with the main Biblical and Talmudic sources for this obligation and for the efforts one must put in to save his fellow. The article further examines the questions regarding the financial means and limits of this obligation, the rescuer’s immunity from Tort Liability, his ability to reclaim expenses used for the purpose of rescue and the case of a rescue mission that happens to be unnecessary. At the next and highest level of giving, the author discusses the law in case of endangering one’s life or health to save others. The author discusses two cases from the time of the Holocaust in order to demonstrate various aspects of the duty of saving lives of others. The analysis of various aspects of Jewish law was done using many sources of rabbinical literature from the Talmudic times through the Middle Ages until modern time. This literature was translated into Croatian from Hebrew and Aramaic by the author for the first time. Other issues the author discusses in short are the status of the obligation to save life in times of war and the case of one refraining from lifesaving and the legal consequences. The last part of this article is a short comparative legal review of this obligation in the main world legal systems and in some countries.
Ključne riječi
Jewish law; saving life; Good Samaritan; Talmud; Rabbi; Tora; Halacha; Mitzvah
Hrčak ID:
189509
URI
Datum izdavanja:
21.11.2017.
Posjeta: 2.443 *