Sakana - Avoidance

QUESTION: How far must one go to avoid dangerous situations? What is meant by the statement of Chazal “chamira sakanta m’issura” (matters of danger are more stringent than prohibitions themselves)?

ANSWER: The Rema (YD 116:5) lists various precautions one is obligated to take to avoid dangerous situations. For example, one may not walk alone outside at night or walk under a leaning wall or on an unstable bridge. The Rema explains that the need to avoid these dangerous situations is because we are more stringent with a sofek sakana (possible danger) than with a safek issur (possible prohibition). Presumably, the Rema means that regarding issurim we rely on chazakos (status quo) and rov (majority), while we would not rely on such considerations when it comes to matters of Sakana (see Chasam Sofer Avoda Zara 30a). If there is even a small percentage of danger, the situation must be avoided.

One notable exception is what the Noda B'Yehuda (Tinyana YD 10) writes that one is permitted to place himself in sakana for the purpose of earning a living. This can be inferred from the Gemara Bava Metziya (112a) which explains the verse "v'ailav hu nosai es nafsho" (Devarim 24:15) (and he risks his life for it [his wages]). The Gemara explains the verse as follows. Since your worker climbed up ladders, hung from branches, and placed himself in mortal danger to earn his wages, you must certainly pay him on time. 

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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.