Ma'akeh - Dangerous Activities

QUESTION: Is there a Torah prohibition to avoid being involved in a dangerous activity?

ANSWER: The Torah places great emphasis on preserving life by avoiding dangerous activities or eating poisonous foods. The verse commonly quoted as the source for this obligation is “Venishmartem me’od lenafshoseichem” (Devarim 4:15 – “And you shall carefully guard your soul”). Although the Kitzur Shuchan Aruch (32:1) references this verse as the source for avoiding dangerous activities that might put one’s life at risk, the Rambam quotes two different sources. As we have seen in a previous Halacha Yomis, the Torah commands us to build a fence, a ma’akeh, around a flat roof so that no one will fall off. The Torah adds that one should be careful to do this, “and not bring blood on your house” (Devarim 22:8). The Rambam (Hilchos Rotzeiach 11:4-5) writes that in this pasuk, the Torah is commanding us to avoid anything which can be harmful to human life. The Rambam also quotes the pasuk “Hi’shamer lecha u’shmor nafshecha me’od” (Devarim 4:9 – “Guard yourself and guard your soul carefully”).

The Rambam divides this halacha into two categories. If an activity entails an acute concern for danger, this will fall under the Torah’s prohibition. Chazal also forbade many additional activities even though the danger appears to be remote. Even if one does not see the danger in these activities, performing them is nevertheless a Rabbinic prohibition. Some examples of the latter category will be discussed in an upcoming Halacha Yomis.

The Rambam adds that one cannot simply say, “This is my concern and does not affect anyone else.” The Torah mandates us to be servants of Hashem. This means that we must be healthy and take proper precautions to fulfill our Heavenly mandate.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.