27 Jun STAYING SAFE IN AN UNSAFE SUBWAY SYSTEM – A HALACHIC PERSPECTIVE
In light of the recent
crime activities in the
subway, it is crucial
for us to prioritize
our personal safety
when using public
t r a n s p o r t a t i o n ,
as emphasized by the Torah’s directive to
“safeguard your soul” (4:15 דברים(, which the
Gemara (Berachot 32b) connects to ensuring
safety on the roads.
To ensure your safety in the subway and
minimize the risk of encountering criminals,
it is crucial to maintain a high level of
awareness and take necessary precautions.
Stay vigilant by being observant of your
surroundings, keeping an eye out for any
suspicious activities or individuals who may
pose a threat. Secure your belongings by
keeping them close to you, preferably in a
bag that can be worn across your body or in
front of you. Avoid displaying valuable items
openly, as this may attract unwanted attention.
Trust your instincts and if something feels
off or uncomfortable, it’s best to err on the
side of caution and remove yourself from the
situation. Remember, personal safety is of
utmost importance, so take the necessary steps
to protect yourself while using the subway.
Dealing with dangers:
In the event one unfortunately comes across a
dangerous situation, it is imperative to know
what may and may not be done.
When speaking of במחתרת בא the Torah says
of a burglar being killed by the owner of the
house with impunity, as is found in the Talmud
(א,עב סנהדרין(. Chazal say “If one comes to kill
you, kill him first.” The Torah explains that
when a burglar enters a house, he knows that
if the owner will find him he will protect his
house and therefore, the burglar is ready to
take the necessary means and kill the owner;
thus the owner may kill him first to protect
himself and his family.
This principle is known as the “rodef”
principle, which refers to a pursuer or an
assailant.
The Talmudic concept of self-defense is based
on the principle that one is permitted to use
necessary force, including lethal force, to
protect oneself or others from immediate
danger. The Mishnah in Sanhedrin explains
that if someone enters another person’s
property with the intent to harm or kill, the
owner has the right to defend themselves, even
to the point of using lethal force if necessary.
Doubtful Dangers
This concept extends beyond situations
where there is a clear and immediate danger.
Even when there is a doubt (ספק (regarding
whether one is in danger, they may employ
all necessary means to protect themselves.
The Talmud teaches that one may use lethal
force against a burglar unless it is certain
that the burglar does not pose a threat to life.
For example, in the case of a father breaking
into his child’s home, where it is known that
the father would not harm his children, lethal
force would not be justified. (א,עב סנהדרין(
It is crucial to recognize that not every
situation can be viewed as a doubt or
uncertainty. The concept of doubt should
not be misunderstood or misapplied to cases
where there is no genuine danger or assailant
present. Merely observing a person walking
near one’s property does not justify the use
of force, as the individual might be innocent,
lost, or simply in the wrong place.
In the context of self-defense, Halacha
addresses situations where there is a
reasonable belief or evidence (called רגליים
לדבר (that criminal activities are taking place.
It is in such circumstances that one may take
measures to neutralize the perceived threat.
The emphasis is on the presence of a legitimate
concern or a reasonable assumption that harm
(ספר משנת פקוח נפש) .imminent is danger or
It is essential to exercise caution and make
a responsible assessment of the situation
before taking any actions.
Fight or Flight Response
It is important to emphasize that if a person
has the opportunity to escape and remove
themselves from danger, they should do so
and prioritize personal safety over engaging
in physical force. Self-preservation is
paramount, and avoiding confrontations
whenever possible is encouraged.
Additionally, if there is sufficient time and
opportunity, it is advisable to contact the
appropriate authorities, such as the police
or relevant security personnel, rather
than taking matters into one’s own hands.
Reporting the situation to the authorities
allows them to handle the situation within
the framework of the law and ensures a more
comprehensive and appropriate response to
the potential threat.
Furthermore, Jewish law also places an
emphasis on the value of human life and
the obligation to preserve life whenever
possible. Therefore, if there is a non-lethal
means available to protect oneself or others
from harm, that option should be pursued
instead of resorting to lethal force.
It is important to stress that when
confronted with a threat, the goal should
be to protect oneself or others from harm
while minimizing the use of lethal force,
if possible. Whenever feasible, one should
aim to neutralize the threat by using non-
lethal means or by employing the minimum
amount of force required to ensure personal
safety.
The specific circumstances of each situation
should be carefully assessed to determine the
appropriate level of force needed to neutralize
the threat. Factors such as the severity of the
danger, the potential for escalation, and the
availability of alternative options should all
.(ש״ע חו״מ סי‘ תכה) .considered be
Warning obligation:
There is an obligation according to the Gemara
(Sanhedrin 72b) and the Shulchan Aruch (סימן
תכה(, if circumstances permit, to first issue
a warning to the assailant before resorting
to force in self-defense. This provides an
opportunity for the assailant to cease their
threatening behavior and allows for a peaceful
resolution if possible.
However, it is crucial to note that if the
assailant poses an immediate danger, or if there
is a reasonable belief or doubt regarding the
severity of the threat, one may take necessary
measures to neutralize the assailant in order to
protect oneself or others. The primary concern
in such situations is ensuring personal safety,
and therefore, the use of force may be justified
when there is a genuine perception of danger.
It is important for individuals to assess the
situation carefully, considering the nature
of the threat, the potential for harm, and any
available alternatives before taking any action.
Verbal Threats:
In situations where the assailant threatens
to harm the victim but has not yet initiated
physical violence, it is essential for the victim
to carefully assess the situation to determine
the level of danger involved. If the threat
appears to be genuine or if there is even a
doubt about the potential danger, the victim
may take appropriate measures to neutralize
the assailant and protect themselves (ב״ק ראה
.(קיז ותשובות הרא״ש והרשב״א
The principle of self-defense in Jewish law
acknowledges the need to respond to potential
threats, particularly when there is a reasonable
belief or doubt that harm may occur. The
emphasis is on ensuring personal safety and
preventing harm to oneself or others.
It is crucial, however, to exercise judgment
and caution in assessing the level of danger.
Each situation may vary, and it is important
to consider factors such as the aggressor’s
demeanor, credibility, and any other relevant
circumstances before taking action.
Consulting with a competent Halachic
authority or a qualified rabbi is highly
recommended in order to receive proper
guidance and ensure that the principles of self-
defense within the framework of Jewish law
are appropriately applied.