Faith
And You Shall Safeguard Your Lives
Question
Hello, in the book of Deuteronomy the phrase 'And you shall safeguard your lives' appears. There is a debate among those studying the Torah regarding whether this phrase refers to safeguarding the soul from idolatry (as it is mentioned in Deuteronomy) or whether it refers, simply and literally, to the commandment to protect ourselves from everything that happens to us in life. What does this phrase refer to? I would appreciate sources. Thank you.
Answer
Hello and blessings,
I will share with you the words of one of the poskim who arranged these matters well regarding this issue.
Responsa Yad Efrayim, Siman 15
Safeguarding life and health in Halacha
A. The definition of "And you shall safeguard your lives"
In Berakhot (32b), it states: "There was a pious man who was praying on the way when a minister approached and greeted him, and he did not return the greeting. The minister said to him, 'Is it not written in your Torah (Deuteronomy 4:9-15): Only be cautious and safeguard your soul, and it is written: And you shall safeguard your lives, why did you not return my greeting? If I had cut off your head, who would demand your blood from me?'" This is the only source in the Gemara that brings these verses concerning safeguarding life.
However, in Pirkei Avot (3:3), the Mishnah brings these verses as a warning against forgetting Torah, "Anyone who forgets one thing from his learning is liable, as it is said, Only be cautious and safeguard your soul and you shall safeguard your lives." The Maharshal has commented here, stating, "This verse speaks of forgetting Torah, as stated in Avot, etc. It does not deal with the safeguarding of a person's endangered life, etc." One may also note from Menachot (99b) that "Anyone who forgets one thing from his study violates a prohibition, as it is said, Be cautious and vigilantly safeguard your life."
However, the Rishonim and the Shulchan Aruch bring these verses only regarding the obligation to safeguard life. See Rambam in Hilchot Rotzeach (chapter 11) regarding the obligation to remove any danger, stating: "And any obstacle that poses a threat to life is a positive commandment to remove and to be careful about it, as it is said: Be cautious and safeguard your life" (11:3). This verse is also cited in Choshen Mishpat (Siman 167) in paragraph 9: "Many things did the Sages prohibit due to a danger to life," and in the Sema (skb 12) where it states that it is written, Be cautious and safeguard your life greatly. Also, see the Ran on Shavuot (page 25a) that if someone swears not to eat for seven days, he has sworn to violate the words of the Torah from this verse: Be cautious and safeguard your life.
And note Responsa Noda Biyhudah (Yoreh Deah Siman 10) who prohibits going into forests to hunt animals, as this puts oneself in danger, "and Hashem said, And you shall safeguard your lives." (And they have commented on the Noda Biyhudah from Avodah Zarah (18b): 'And the path of transgressors he did not stand,' which refers to not having stood in danger and that according to Rashi's commentary, "Hunting animals with dogs" is also prohibited by law.)
Furthermore, in Responsa Ho'il Moshe (Siman 16), it is brought that the Gaon the Holy One, the Ba'al Divrei Chaim of Czernowitz, in his old age was ill, and according to doctors' orders, he was forbidden to eat a k'zayit of bitter herbs on Passover night, he took a k'zayit of bitter herbs in his hand and blessed the blessed name: Who sanctified us with His commandments and commanded us, and you shall safeguard your lives, and returned the bitter herbs to the table.
This verse regarding the obligation to safeguard life is also mentioned again in the Shas concerning cursing oneself. See Mishnah Shavuot (35a) "One who curses oneself violates a prohibition" and in the Gemara (36a) "For it is written Only be cautious and safeguard your life greatly," hence even a curse is a harm to the soul. Also, one may note from Megillah (15a) "Do not treat the curse of a common person lightly" and in Shabbat (138a) in the matter of Rav and Shmuel and Korna, and in Gittin (7a) "The matter came out from the mouth of Rabbi Eliezer, etc." and in Mo'ed Katan (18a) "As a mistake that comes from before the ruler etc." and in Gittin (35a) with this widow and more.
In halacha, this law is brought in the Tur Choshen Mishpat (Siman 27): "Even one who curses himself is liable, as it is said Be cautious and safeguard your lives," and in Shulchan Aruch (27:1) "One who curses one of Israel, even if he curses himself is lashed." And in Birkei Yosef, the Ritva’s question is brought up, why should one be lashed for cursing oneself from this verse, as from this verse we learn many warnings about danger, and it is a general prohibition? And the Birkei Yosef answers, “Since all the warnings from this verse are of one matter, to safeguard oneself from all danger, therefore it is not a general prohibition, but like, 'You shall not eat on the blood,' which is learned for many matters."
And one might question, isn’t it from the verse: be cautious, etc. that we also learn, aside from safeguarding life, also the prohibition of forgetting Torah as mentioned above, and it is truly a general prohibition, as we learn from it separate issues, and why are we lashed? It is, therefore, appropriate for us to conclude that the practical meaning of these verses serves to teach only regarding the obligation to safeguard life, according to the opinion of the Rishonim and the Shulchan Aruch, hence it is not a general prohibition and thus it is appropriate to be lashed.
However, it is permitted to say that the verses "Be cautious..." and "And you shall safeguard your lives" are in the category of "Law follows the Scripture" (Sota 16a and Rashi there) or, according to the wording of the Jerusalem Talmud, "Law circumvents Scripture."
According to Tosafot on Shavuot there (d'h Yishmor), we learn not only the danger to life, but also the prohibition of harm to oneself from the above-mentioned verses of 'Only be cautious or you shall safeguard your lives,' see Tosafot there.
Good luck,
Benjamin Shmueli
עברית
