Parshas Bahaloscha 5785
- Torah Tavlin
- Jun 12
- 2 min read
Monetary, Interpersonal Laws and Din Torah (34)
Cars and Automobiles: Last week we started discussing the halachos of cars not pertaining to the monetary laws of Choshen Mishpat. There is also a halacha which has to do with chessed and has its source in Choshen Mishpat. That is the obligation of a driver who sees another Yid stuck on the side of the road to stop and help him. We’ll do it a Question/Answer format,
Question: Does a driver who sees another Yid stuck with his car on the roadway have to stop and help him? What if he can tell that it is not a frum Yid? What if the stranded one is a gentile? What if he will lose money by stopping and arriving late for work? What is the din if he will miss the chuppah that he is driving in for? What should he do if the stranded people are not dressed in a tzniusdik manner which will pose a nisayon for the passersby? Does he have a right to charge for his help?
Answer: There is a mitzvah in the Torah (1) that if one sees a Yid stuck with his fallen animal under its load, he must stop and help him unload and reload. This is called “P’rika” and “Te’ina”. Chazal learn (2) from posukim that the obligation to unload is to do it for free, but for reloading, one is entitled to get paid. The SM’A (3), based on a quote from the Gemara there, says that in a case where the Yid is stuck while leading the loaded animal, even if the animal belongs to a gentile, he must stop and help because of the Yid in distress who is stuck there. Many Poskim (4) deduce from this that if one sees a Jewish motorist stuck on the road, this obligation applies. Even if he is not frum, the obligation applies, because most non-observant Jews [certainly in America] are like "תינוקות שנשבו" - children taken into captivity who don’t know any better. This is a ruling quoted from R’ Moshe Feinstein zt”l (5).
However, if the person who can stop and help will lose out somewhat by doing so, or cause him to arrive late to work, the Sh”A Harav (6) writes that he is exempt, because a person has the right to save himself from loss before saving another. He adds that even if one will not lose out, but will forfeit the opportunity to gain a profit, he is still exempt. It seems clear that missing a chuppah for which one needs to be there would also exempt him. Similarly, if the stranded one is a lady who is not dressed properly, which could cause a spiritual decline, he does not have to stop.
(1) שמות כג:ה, דברים כב:ד (2) ב"מ לב. (3) סמ"ע חו"מ שעב:יג (4) ע' יחוה דעת ה:סד (5) השבת עבידה כהלכה ב:ח:טו (6) עוברי דרכים ג'