From Parsha to Halakha: Va’Etchanan – “You must be exceedingly careful with your lives”
“You must be exceedingly careful with your lives”
Some Torah verses are understood to be much wider in scope than a particular commandment; they’re seen as overarching, guiding principles. For example, Rabbi Akiva determined that “v’ahavta l’rei’akha ka’mokha,” “you shall love your neighbor as yourself” is a “great principle in the Torah.” We could say the same is true for ““V’nishmartem me’od l’nafshoteikhem…” “You must be exceedingly careful with your lives…” that is repeatedly mentioned to caution us to protect our health and safety.[1]
The original context is connected to the revelation on Mount Sinai and cautions against foreign worship:
“Only take care and be exceedingly careful with your life, lest you forget the things your eyes saw and lest they leave your heart all the days of your lives, and you shall make them known to your children and grandchildren… And the Eternal commanded me at that time to teach you laws and edicts so you will do them in the land you are crossing into to inherit. You must be exceedingly careful with your lives, for you did not see any image the day the Eternal spoke to you on Chorev from the fire. Lest you corrupt and make a graven image…”[2]
Early rabbinic references understand these words within context – forgetting the Torah is physically dangerous. The gemara brings a story of a chassid, a pious man, who was praying and didn’t stop when a Roman official approached. The Roman chastised the chassid for not pausing to greet him, and quoted these verses. The chassid answered that pausing prayers and disrespecting God was more dangerous.[3]
Later rabbinic sources argue whether the Roman’s understanding of the verses is “foreign,” and does not belong in Judaism, which is why it was brought by an outsider, or if he quotes these verses because it was widely known and accepted that they emphasize the importance of preserving life.[4]
The gemara also brings the obligation “you shall be exceedingly careful with your lives” in conjunction with the prohibition against cursing oneself.[5] And even though there are aspects of spiritual damage, this prohibition does not specifically relate to taking care to observe our covenant with God and to refrain from foreign worship.[6] Taking all this into consideration, some understand that the gemara believes v’nishmartem does not only refer to spiritual care, but also physical caution. Consequently, many halakhic authorities rule these verses are the source of the obligation to take precautions with our lives and health.[7]
Mitzvot that involve physical safety
Even without this verse, the Torah contains several mitzvot related to physical safety. Bereishit teaches us murder is prohibited, and some use those verses as a source for the prohibition against self-harm.[8] Others learn the prohibition from “bal tashkhit,” “you shall not waste/ruin.”[9] Additionally, the positive mitzvah to make a railing on the roof (ma’akeh) and the prohibition “you shall not put blood in your home” can be seen as an obligation to actively prevent future harm to others and oneself.[10]
In that case, what does this week’s parsha and the double caution to be exceedingly careful with our lives add to these obligations and prohibitions?
The mitzvah to make a guardrail teaches that it’s not only causing harm that is prohibited, we are also obligated to take precautions to avoid possible injury – not only when there is a certainty, but also when it’s possible. The prohibition teaches us to remove obstacles from our home.[11] The obligation of shmirat hanefesh, to guard our lives and stay safe, adds another level of precaution – both with physical impediments and our day to day lives.[12]
Rambam connects the mitzvot of v’nishmartem and making a guardrail to a long list of obligations to avoid danger. Some are commandments to protect ourselves from obstacles, like making a guardrail, others command us to avoid risky behavior, at least things that were considered dangerous in Talmudic times, like drinking water that was uncovered overnight, lest it was injected with snake venom.[13]
Guarding the Torah and guarding our lives
The question of what is more important – keeping the Torah or keeping ourselves safe, is not only an exegetical question, but also an important question of Jewish values that plays a major part in Jewish history. In the beginning of the Hasmonean period they thought fighting on Shabbat was prohibited, and when they understood that this was a national danger they realized that it was more important to protect their lives (on a short term basis) than observing the mitzvah.[14]
By the time of the Mishna the significance of pikuach nefesh (saving a life) was clearer; saving a life was prized over the strictures of Yom Kippur and Shabbat.[15] The gemara brings different explanations of the reason preserving physical life takes precedence over most mitzvot. Some of them have to do with the idea that saving a person’s physical self enables them to save their spiritual self in the long run – “Violate (chalel) one Shabbat, to observe many Shabbatot.” Others focus on the value of life itself, which should not be in conflict with mitzvah observance, “‘you shall live by them’ – and not die by them.”[16]
Practically, it seems like the Torah is not only warning us that forgetting the Torah endangers our lives, it also tells us that life is important and must be protected. We must safeguard the covenant to protect our lives, which means protecting our lives is a value in and of itself.[17] Ultimately, Rambam teaches that there’s a value to preserving life in order to keep our covenant with God. We can’t serve God in the best way if our lives are not healthy and whole.[18]
The laws of pikuach nefesh teach us what the proper hierarchy is between life and mitzvot, but it also teaches us about the hierarchy when there is no such dilemma. If God is willing to forego mitzvah observance in cases when a life may be in danger (safek pikuach nefesh), it would seem that our Creator also expects us to refrain from such risky behavior.
Consequently, several later rabbinic authorities connect the mitzvah of v’nnishmartem with the Tannaitic dictum “chamira sakanta mei’issura,” “danger is more stringent than a prohibition.”[19] Some halakhic authorities maintained that this understanding – that we must refrain from dangerous activities – is not a Torah mitzvah, but an “asmakhta,” a rabbinic law justified by a biblical allusion. Others explain that it is a Torah law that was applied by the rabbis to certain situations.[20]
There are people who no longer worry about some of the things that the rabbis prohibited due to danger – such as not washing hands after a meal, or being careful about pairs (zugot) – since the danger is no longer apparent.[21] Meanwhile, there are things that aren’t included in Chazal’s list that should be on a modern list. Things like road safety, obeying the laws of the road and wearing seatbelts, not smoking, eating healthy and exercising, going for regular medical exams, and following physician’s instructions.Most of these things are not considered religious acts, but it seems like they’re included in the mitzvah of shmirat ha’nefesh.
Of course, we take many risks in life. We drive on roads even though they’re dangerous, work in dangerous jobs, or live in dangerous places. Indeed, the sages determined that “dashu bo rabim,” when many people ignore the risk and engage in the activity, we don’t have to take the danger into account and “the Eternal guards the foolhardy.”[22] Later halakhic authorities debated the relative risk of certain activities, and whether one had to worry about cases of possible danger or cumulative damage.
Some people rely on such leniencies to “walk on the edge.”[23] Yet it seems that the guiding principle should be “you shall live by them.” We should live a normal life; not anxious, but careful. “You must be exceedingly careful with your lives” – so that the Torah can be a way of life (Torat Chaim), so we can continue to observe the Torah, and live by its light.
[1] Vayikra 19:18; Sifra Kedoshim 4:12.
[2] Devarim 4 verses 9, 16
[3] TB Bavli 32b-33a
[4] The first opinion can be found in Maharsha Chiddushei Aggadot ad loc; Minchat Chinukh 546-547 (Mitzvat Ma’Akeh). For the second see Derashot HaRan Drash 9. And see Rabbanit Debbie Zimmerman who suggests that the message may be attributed to a Gentile because it is a universal truth.
[5] TB Shavuot 36a
[6] Maharsha Chiddushei Aggadot on Berakhot 32b; Minchat Chinukh Kometz Mincha 536 – 547 (Mitzvat Ma’akeh).
[7] See Sefer Chareidim Mitzvot Lo Ta’aseh 4; Ha’Amek Davar Devarim 4:15; Midrash HaGadol Devarim 4:9.
[8] Bereishit 9:6; TB Bava Kama 91b.
[9] ibid. The gemara also mentions that the prohibition against self-harm is derived from the negative view of the Nazir (Bamidbar 6).
[10] Devarim 22:8
[11] Mishneh Torah Hilkhot Rotzeakh v’Shmirat HaNefesh 11:4; Shulchan Arukh Choshen Mishpat 427:1-7.
[12] Mishneh Torah Hilkhot Rotzeakh v’Shmirat HaNefesh 11:4-5; Shulchan Arukh Choshen Mishpat 427:8.
[13] The list is based on TB Chullin 9b – 10a and other sources.
[14] Chashmonaim 1:2, 2:86 (19). See Rabbi Shlomo Goren, “Lechima b’Shabbat l’Or Ha’mekorot,” Jerusalem 5718.
[15] Mishna Yoma 8:5-7.
[16] Vayikra 18:5; TB Yoma 84b-85a.
[17] See Be’er HaGola Choshen Mishpat 427:10:90:
“In my humble opinion it seems that the reason the Torah cautions us about shmirat ha’nefesh is because the Holy One, blessed be He, created the world in His kindness to benefit the creations so they could recognize His greatness and serve Him through keeping His mitzvot and Torah… to reward their efforts. And it’s like someone who puts themselves in danger is scorning the will of their creator and does not want to His service and reward, and there is no greater heresy than this…”
[18] Hilkhot De’ot 4:1; Chafetz Chaim Likkutei Amarim 13.
[19] Sefer Chassidim Mitzvot Lo Ta’aseh 4; Ben Ish Chai Shana Shniya, Parshat Pinchas, Introduction.
[20] See Be’er HaGola on Shulchan Arukh Choshen Mishpat 427:10:70. Compare to: Sefer Me’irat Einyayim ad loc 12; Arukh HaShulchan CM 427:8; Levush Choshen Mishpat 427:10.
[21] See Tosefta Chullin 105a
[22] Tosefta Nidda 5:4; TB Shabbat 129b; Yevamot 12b; Avoda Zara 30b.
Not all of them mention “dashu ba’hem rabbim,” in some sources it sounds like this is just the way of the world. For example, see: Rabbi Elchanan Wasserman, Kovetz Shiurim Ketubot 39a, Siman 136.
[23] This is part of the discourse on cigarettes. See Rav Moshe Feinstein, Iggrot Moshe YD 3:35, Chafetz Chaim Likkutei Amariim 13, Responsa Yechaveh Da’at 5:39.
