Yoma

whereas Samuel said: [It was taught] with reference to removing the debris for its sake?1 — The words of Samuel refer to the first clause, ‘If the majority are heathens, it is considered a heathen’. It is in connection therewith that Samuel said that it did not apply to the saving of life. 2 ‘If the majority are heathens, it is considered a heathen’. For what practical law [is this taught]? — Said R. Papa: To give it to eat carrion.3 ‘If the majority are Israelites, it is considered an Israelite’ — For what practical purpose [is this taught]? To restore to it lost property.4 ‘In the case of half and half, it is considered an Israelite’. For what practical purpose [is this taught]? Resh Lakish said: With regard to damages5 How that? Shall we say that one ox of ours gored one of his?6 Let him bring proof and collect!7 — No, It is necessary for the case that an ox of his had gored one of ours; then he must pay one half, and concerning the other he can say: Prove that I am not an Israelite and collect! 8 IF DEBRIS HAD FALLEN UPON SOMEONE [etc.]. What does he teach herewith?9 — It states a case of ‘not only’.10 Not only must one remove the debris in the case of doubt as to whether he is there or not, as long as one knows that he is alive if he is there; but, even though it be doubtful whether he is alive or not he must be freed from the debris. Also, not only if it is doubtful whether he be alive or dead,as long as it is definite that he is an Israelite; but even if it is doubtful whether he is an Israelite or a heathen, one must, for his sake, remove the debris. IF ONE FINDS HIM ALIVE, ONES SHOULD REMOVE THE DEBRIS. But that is self-evident if one finds him alive? — No, the statement is necessary for the case that he has only a short while to live. AND IF HE BE DEAD, ONE SHOULD LEAVE HIM THERE. But that, too, is self-evident? — It is necessary because of the teaching of R. Judah b. Lakish. for it was taught: One may not save a dead person out of a fire.11 R. Judah b. Lakish said: I heard that one may save a dead person out of a fire. Now even R. Judah b. Lakish says that only because12 ‘a person is upset about a dead relative’ and if you will not permit him [to save his dead] he will ultimately come to extinguish the fire, but here, if you do not permit it, what can he do?13 Our Rabbis taught: How far does one search?14 Until [one reaches] his nose. Some say: Up to his heart. If one searches and finds those above to be dead, one must not assume those below are surely dead. Once it happened that those above were dead and those below were found to be alive. Are we to say that these Tannaim dispute the same as the following Tannaim? For it was taught: From where does the formation of the embryo commence? From its head, as it is said: Thou art he that took me [gozi] out of my mother's womb,15 and it is also said: Cut off [gozi] thy hair and cast it away.16 Abba Saul said: From the navel which sends its roots into every direction!17 You may even say that [the first view is in agreement with] Abba Saul, inasmuch as Abba Saul holds his view only touching the first formation, because ‘everything develops from its core [middle]’, but regarding the saving of life he would agree that life manifests itself through the nose especially, as it is written: In whose nostrils was the breath of the spirit of life.18 R. Papa said: The dispute arises only as to from below upwards,19 but if from above downwards, one had searched up to the nose, one need not search any further, as it is said: ‘In whose nostrils was the breath of life’. R. Ishmael, R. Akiba and R. Eleazar b. Azariah were once on a journey, with Levi ha-Saddar20 and R. Ishmael son of R. Eleazar b. Azariah following them. Then this question was asked of them: Whence do we know that in the case of danger to human life the laws of the Sabbath are suspended? — R. Ishmael answered and said: If a thief be found breaking in.21 Now if in the case of this one it is doubtful whether he has come to take money or life; and although the shedding of blood pollutes the land, so that the Shechinah departs from Israel, yet it is lawful to save oneself at the cost of his life — how much more may one suspend the laws of the Sabbath to save human life! R. Akiba answered and said: If a man come presumptuously upon his neighbour etc. thou shalt take him from My altar, that he may die.22 I.e., only off the altar, but not down from the altar.23 And in connection therewith Rabbah b. Bar Hana said in the name of R. Johanan: That was taught only when one's life is to be forfeited, irregularity occurred. An Israelite bound by the ritual could not partake thereof, whereas a non-Israelite could eat it. to pay damages, whereas the heathen would have to pay full damage, whether the owner had been forewarned or not. The Jewish owner of an ox who has gored an ox owned by a fellow-Jew, if not forewarned must pay half of the damage; if forewarned, full damage. would wait to collect full damages, claiming the owner of the goring ox to be a heathen, hence obliged to repay full damages, even if not forewarned. The latter would say: One half I have paid because I am a Jew. If you wish to collect the other half, it is upon you to adduce evidence that I am not a Jew. Only thus could you collect. i.e., the heart; according to the other, even though the heart seems to have suspended action, the definitive diagnosis depends on the action or failure of the function of the nose. [Aruch:ha-Sarad: the netmaker]. take him down.