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THE DAFYOMI DISCUSSION LIST
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Rosh Kollel: Rabbi Mordecai Kornfeld
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Sanhedrin 072: "Ba ba'Machteret" who gets trapped under rubble on Shabbos
Josh Hersch <[EMAIL PROTECTED]> asked:
the meiri on this gemorah says that if ein lo damim you are only not
allowed to save him if it is a safek nefashot (not sure if alive or dead).
Doesn't safek nefashot have the same din as nefashot mamesh by pikuach nefesh?
Josh Hersch, Woodmere. NY, USA
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The Kollel replies:
The footnotes (of Rav Yitzchak Ralbag, #102) in the annotated edition of
the Me'iri poses your question in the name of Sefer Dina d'Chayei (the
commentary of the Mizrachi on the Semag).
D. Zupnik
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It would seem that the Me'iri is suggesting that if the tunnel collapses on
a thief, we are *not certain* whether the thief is still intent on his
theft. If there is a possibility that the thief is already dead, we do not
save him because of a Sfek Sfeika: maybe he is dead, and even if he is
alive maybe he still wants to steal. (The Me'iri himself mentions this
latter possibility later in the paragraph.) If he is certainly alive, we
save him because of Safek Piku'ach Nefesh (as you said).
Although we normally are Mechalel Shabbos even for a Sfek Sfeika of
Piku'ach Nefesh, this case is treated more leniently since the second Safek
depends on the mindset of the thief, and not on a physical fact.
M. Kornfeld
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