Philosophy in Halacha

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  • #611529

    Mitzvah habah ba’aveirah is bad, because the ends don’t justify the means (mitzvah isn’t enough to justify the aveirah that brings it about). However, you ARE allowed to break shabbos, shomer negiah and other mitzvos to do pikuach nefesh, because the ends (pikuach nefesh) justify the means (breaking shabbos). What’s going on here?

    Also, I think there is a midrash about Amram and Yocheved talking about whether its worth it to have a child when he could get killed- I forget the details though.

    For those who care, the two deios I quoted form a classic secular philosophical debate between Deontologists and Utilitarians. It’s cool that halacha picks sides as well.

    #992525
    rebdoniel
    Member

    It’s not that ends justify means. It’s that pikuach nefesh is doche issurei shabbat, and other issurim, as well, and that saving a life takes precedence over shabbat.

    #992526
    ☕ DaasYochid ☕
    Participant

    Also, if it were negiya derech chibah, even pikuach nefesh would not be docheh.

    #992527

    DY: See Sotah 21b. Also, derech chibah is so subjective that we would probably be meikil. For some people a handshake is chibah, and for others, a kiss on the cheek is not chibah, cause that’s how Europeans and Arabs greet each other.

    RD: Yes. Breaking shabbos (the means) is justified by pikuach nefesh (the end).

    #992528
    ☕ DaasYochid ☕
    Participant

    See Sotah 21b.

    See Sanhedrin 75a.

    The chilluk is precisely what I wrote.

    #992529
    HaLeiVi
    Participant

    We learn from Pesukim that Pikuach Nefesh is Doche. It is not because we decided that it is worth it.

    #992530
    LevAryeh
    Member

    Speaking of derech chiba, this is what the Rambam says in Yesodei HaTorah 5:8.

    ??? ????? ?????? ???? ??????? ???? ??????? ??? ????? ????. ???? ??? ??? ????? ???? ???????? ?? ????? ????? ?????? ?? ??? ???? ?? ???????? ???? ????”?. ??? ??? ??? ????? ???? ?????? ?? ???? ?? ?????? ???? ?? ?????. ?? ?????? ???? ????? ??? ??? ?? ????? ?? ????? ???? ???? ??? ??? ???? ???? ??? ?? ???? ?????? ??? ????? ????. ??? ????? ???? ???? ???? ??? ?????? ????? ??? ??? ?????. ????? ??? ??????? ??? ????? ??? ??? ????? ??? ????? ????:

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