The
braisa states: If there would be a spring that belongs to an upper city,
from which water flows down to another city; all agree that the residents of
the first city can stop the flow to the second city if they need it for
drinking water in order to live, even at the cost of the lives of the second
city. The rationale is “chayecha kodmin,” their lives take precedence
over others. Their animals take precedence over the animals belonging to
others. Their laundry takes precedence over the laundry of others. If there is
a choice between the lives of others and their own laundry, the lives of others
take precedence over their own laundry. Rabbi Yosi holds that their own laundry
takes precedence over the lives of others. (Refraining from laundering would
cause so much pain that it is regarded as being a life-saving issue.)
Reb
Avi Lebowitz discusses the halachic ramifications that can be derived from this
Gemora. Based upon the version of the Ya’avetz in the Mefaresh, this halacha
is only true if the actual spring is inside the upper city, so that the water
belongs to them and the only question is whether they have to risk their lives
to share it with others. But, if the spring was located above both cities and
merely flowed through one city to another, the upper city is not considered the
owner of the water and would not have rights to damn the river from flowing to
the lower city.
If
there is a choice between the lives of others and their own laundry, the lives
of others take precedence over their own laundry. Rabbi Yosi holds that their
own laundry takes precedence over the lives of others. (Refraining from
laundering would cause so much pain that it is regarded as being a life-saving
issue.)
Based upon Rabbi Yosi’s opinion, the Beis Shmuel (Even Ha'ezer 80:15)
explains that a nursing mother is entitled to eat foods that may cause harm to
the baby if by refraining from these foods she will suffer physical pain,
because Rabbi Yosi entitles one to wash their clothing to alleviate physical
discomfort even at the expense of the lives of the lower city. The Beis Shmuel
seems to understand that this would only be when there is a definite physical suffering
to the upper city, and a questionable danger to the residents of the lower
city, but if it would be a definite danger to the lower city, all would agree
that the danger of the lower city takes precedence.
The Bi’er Heitev points out two difficulties with the Beis Shmuel’s
comparison: 1. Why would we follow Rabbi Yosi rather than following the Chachamim
who disagree with Rabbi Yosi? 2. The laundry of the upper city can also lead to
danger, and only under those circumstances would Rabbi Yosi give precedence to
the upper city.
Regarding the second point, Reb Avi states that it does not seem that way
from the language of the Gemora; rather, the Gemora clearly indicates
that the prohibition of “lo ta'amod al dam rei'echa” (and let your
brother live with you) does not apply when it will cost you physical
suffering.
Another distinction that can be made is that in the case of the Gemora,
they are holding back the water from the lower city which is indirectly causing
harm, but when the mother eats foods that are detrimental for the nursing
child, she is directly causing harm. Perhaps one might counter that withholding
water also qualifies as a “direct harm.”