In parashat “Behar,” at the end of the verse that prohibits charging interest on a loan, it says:

“And let your brother live with you” (Leviticus  25:36).

Many laws and halachic principles are embedded in this phrase, and one of them is: “And let your brother live – with you.” You are not obligated to ensure your brother’s life at the expense of your own.

Rabbi Ovadia Sforno – a 16th-century rabbi, physician, and one of the leaders of the Jewish community in Rome and Bologna – learned from this that a person without financial means is not expected to lend money to his poor friend. The mitzvah of lending applies only to those who have the means. A person should not act irresponsibly and endanger himself for someone who lacks resources.

(credit: INGIMAGE)
(credit: INGIMAGE)

Lessons from the Babylonian Talmud

The Babylonian Talmud teaches:

“Two people were walking on a journey, and one of them had a jug of water. If both drink, they will both die. If only one drinks, he will reach civilization.

“Ben Petura taught: It is better that both drink and die than for one to witness the death of his friend.

“Then Rabbi Akiva came and taught: ‘And let your brother live with you’ – your life takes precedence over your fellow’s life’” (Bava Metzia 62a).

When the first Rebbe of Gur, Rabbi Yitzchak Meir Alter (the Chiddushei HaRim, one of the greatest hassidic leaders in 19th-century Poland), studied this Talmudic passage with his students, he posed a challenging question:

“We’ve heard Rabbi Akiva’s ruling in the case where a person has only enough water for himself. But what is the law if he has enough water for himself and one other person, yet he is accompanied by two others? Should he split the water between both friends, knowing that doing so means both will die, or give it to just one? And if so, to whom?”

In that class sat brilliant and righteous students, but only one dared to answer. He spontaneously replied:

“He should give the water to the Torah scholar among them.”

The Chiddushei HaRim, the great leader of the generation, heard these words and became angry, a rare sight that left a strong impression on his students. He closed his books and ended the class, exclaiming: “How could such an answer be uttered here?”

He explained: “When I was young and learned Torah from my teacher, the ‘Holy Jew’ of Peshischa (an iconic figure in hassidic history), he interpreted the Talmud’s phrasing in a marvelous way. The Talmud uses the phrase ‘Then Rabbi Akiva came’ rather than the usual ‘Rabbi Akiva said.’ Why? Because no one could rule on this matter without personal bias before Rabbi Akiva, about whom the Talmud (Berachot 61b) tells us:

‘When they took Rabbi Akiva out to be executed, it was time to recite the “Shema.” As they were combing his flesh with iron combs, he accepted upon himself the yoke of heaven.

“Rabbi Akiva’s students said to him: ‘Our teacher, even to this extent?’

“He replied: ‘All my life I have been troubled by the verse ‘With all your soul’ – even if He takes your soul. I said: ‘When will I have the chance to fulfill it?’ Now that I have the chance, shall I not fulfill it?’

“Only Rabbi Akiva, who longed all his life to give his soul to God and did so joyfully when the time came, could rule on this matter without bias. He, of all people, ruled clearly and decisively: ‘Your life comes first!’ – “And let your brother live with you.”

The Chiddushei HaRim continued quoting his teacher, “But if the government were to order the execution of Moishaleh, the village fool, an old man mocked by all, or alternatively execute me… who among you would decide that I deserve to live more than Moishaleh? God forbid! Who on this Earth can know whose life is more valuable?”

We were never granted the ability to determine whose life takes precedence.

The only halachic ruling that was ever given is that “your life comes first” – and nothing beyond that.■

The writer is the rabbi of the Western Wall and Holy Sites.