[by Rabbi D.S.] Driving is viewed today as a necessity of life. You reach a certain age, take some lessons, practice, study the driver’s manual and pass the written test. Then you pass your road test, and then Mazel Tov! You earned the privilege to drive. But do most of us contemplate the incredible responsibility of operating a motor vehicle? Do we simply view a car as a means to an end – a way of getting to where we need to go in the most efficient way possible? Do we really think about the fact that; owning and operating a motor vehicle entails many halachos?

Take this case as an example:

During Rosh HaShanah a young child fell and hit his head. He was bleeding profusely, and it was evident that there was no time to wait for an ambulance, so a neighbor immediately drove the boy to the nearest hospital. Hoping to avoid any suspicion of Chillul Hashem (the Desecration of Hashem’s name – by seeing a frum person driving on Yom Tov) he put on his emergency lights. After Yom Tov, he asked HaRav Hagoan Rav Shlomo Zalman Aurebach zt”l if his actions constituted any Chillul Yom Tov. The Rav answered, “No – but you might have been ‘over’ – v’nishmartem es nafshosechem meod and dina d’malchusah dina.” and a number of other possible aveiros. Needless to say, this driver was a bit taken aback! The Rav continued saying, ‘Many people mistakenly believe ‘saving’ a person’s life gives them license to put other people in jeopardy. This is not true, and if Chas V’shalom someone was hurt, you would have been chaiyov’ (guilty). The Rav emphasized that the driver had to stop for all red lights and stop signs and could not exceed the speed limit unless he was absolutely certain that no danger existed. The Rav was even doubtful whether ‘official emergency vehicles’ were putur if they somehow caused an accident, Chas V’shalom. In fact the Law does state that all Emergency Vehicles must take reasonable precautions and the driver would be responsible in cases of negligence.

GENERAL P’SAK HALACHA

HaRav HaGaon Rav Yosef Sholom Eliyashuv Zatzal was questioned about different dinim (laws) pertaining to driving – “what is permitted and what is not”. His brief but precise answer was, “One has to follow all Traffic Laws in all countries – Traffic laws are also B’Dinei Torah. This does not come under the law of Dinei D’Malchusah Dina. The law of the land is law – by the fact that sometimes we don’t have to keep certain Gentile or Secular laws, it is always incumbent upon us to keep Traffic laws”. Traffic laws that are enacted to save human lives and property are obligatory according to the laws of the Torah on every person, at all times and everywhere in the world. It makes no difference what type of government enacted them. This even includes places where the police are not strict with individuals on these Laws. (This is discussed in the T’shuvos Chasam Sofer, Choshen Mishpat 44).

COMMON TRAFFIC VIOLATIONS THAT PEOPLE TEND TO IGNORE:

· Cutting off other cars because we forgot to change lanes.

· Traveling over the speed limit, unless warranted by certain emergencies.

· Turning or changing lanes without signaling first and making sure you have time to do it.

· Passing illegally.

· Parking in illegal places – even for a few moments.

· Pulling out suddenly from a parking place, cutting off people.

· Parking improperly and sticking out into the lane.

· Stopping in the middle of the street to speak to someone.

· Talking on a cell phone while driving.

· Failing to strap small children into a proper seating device.

· Not stopping completely at all stop signs.

To name a few misdemeanors, and remember a pedestrian, who is in the crosswalk, has the right of way – all cars must stop!

· QUESTIONS AND ANSWERS ON DRIVING:

Question: To what extent are we obligated to prevent traffic violations? Must we report individuals who constantly break the law and endanger lives to the authorities?

Answer: If a person knows of someone who drives recklessly and endangers people’s lives, he must do everything within his power to prevent the reckless driver from driving in this manner. Therefore, if he is able to personally warn the driver, or summon him to appear before a Rabbi or Bais Din to warn him to refrain from driving recklessly, he must do so. If he is certain that these steps will not be effective, the Halacha requires him to inform the police of this danger to the public safety, so that the reckless driver and others like him can be prevented from causing tragedies. The Rama (Choshen Mishpat 388:12) states that a person may inform on money counterfeiters that live in his community in order to save himself from danger, since the money counterfeiters have the status of a ‘Rodef’ (lit. a pursuer, someone who is trying to hurt you, since if the authorities find out they will hold the entire community liable). It would logically follow that this is true all the more so in a case of a reckless driver, where he is directly endangering lives with his actions. The Minchas Yitzchok (Vol. 8 Simon 148) states this unequivocally, and states that if such a person pays no attention to warnings he must be reported to the authorities, even though this will result in his arrest and incarceration. The Minchas Yitzchok also discusses numerous situations that must be avoided by drivers according to the Halacha, so as not to present a danger to pedestrians and other drivers. (However, this only applies to when the driver is violating laws that affect others. If he violates a law passed for his own safety, e.g. wearing a seat belt, it would be forbidden to report this to the police, even if he pays no attention to your warnings.) This Halacha applies to any time a person causes danger to the public, even if he only causes danger by parking improperly on a sidewalk. If by doing so pedestrians will have to walk in the street to get by, then steps must be taken to prevent him from doing so. Since a sidewalk is public property designated for pedestrians only, it is absolutely forbidden by our Torah to place something there that endangers people who are walking, even if he does so only temporarily. Such a person is a Mazik, a damager, just as if he had dug a bor (pit) on public property. Additionally, such a person is a thief, since he is stealing the public’s ability to use something that they own (public property). This is similar to the case of someone who builds his Succah on public property without permission from the proper authorities. In this case, the Rema (Orach Chaim 637:2) rules that such a person does not fulfill the Mitzvah of Succah in this manner, as it is like a ‘stolen Succah’.

Question: A person recklessly drove through a red light, crashed into another car that had the right of way, and killed one of the passengers in the other car. Would this person be considered a murderer in the times of the Sanhedrin when such cases were being judged? What would the Halacha be regarding such a person today

Answer: The case of a person who drives recklessly and kills someone is in the category of “Shogeg Korov L’Mazid”, unintentional but caused by negligence (lit. “close to deliberate”). This means that in the times of our Sanhedrin, although he could not be found deserving of capital punishment, as in a case of deliberate premeditated murder, nonetheless, a “Go’el HaDam” (lit. redeemer of the blood i.e. a heir of the person killed) would be permitted to kill the reckless driver wherever he may find him, even in an Ir Miklat (city of refuge). This is because an Ir Miklat only provides protection for someone who killed in an entirely unintentional manner (Shogeg), and not for someone who killed unintentionally but was reckless. The Gemara in Makkos (8a) which is quoted in the Rambam (Hilchos Rotzeach 6:4-6) states that if someone were to carelessly throw a rock from his home into a public area, and it hit someone and killed him, the thrower is negligent, and is considered Shogeg Korov L’Mazid. This means that he may be killed by an heir of the deceased, and the Ir Miklat does not offer refuge for him. Therefore it makes sense to say that, there is no difference between someone who recklessly throws a rock into an area where the public had the right to go, and someone who recklessly drives in such an area. It makes no difference if the driver is driving at high speed and crashed into someone. Or if someone stopped his car and then was back ended because the other person in back of him was unable to stop in time.

Today, when we don’t have Dayonim (Rabbinic Judges) authorized to judge cases of capital punishment, a Go’el HaDam is not permitted to do anything to someone who killed his relative through reckless driving. However, the driver must repent in a manner that is befitting his terrible action. He also must financially support the family of the victim, especially if the victim was the breadwinner of his family. Torah Sages should be consulted to advise him on what actions he must take to repent, and how to make sure that this does not reoccur in the future.

Question: HaGoan Ha’Rav Y. S. Eliyashuv Shlit”a was asked, “What if everyone breaks the law in certain driving situations? For example, the speed limit is 55 mph and everyone is going 60-70 mph”.

Answer: “It all depends upon the situation – if it is the accepted behavior and there is No Danger involved, and no one gets tickets, then it might be Mutar (permitted). However in any situation that can cause a Chilul Hashem, it is Osur” (forbidden). If in doubt, it constitutes a Sofek D’Oraisah L’Chumrah and therefore we must be stringent, that is, if in any way it can become a Chilul Hashem – It is Forbidden.

The above P’sak Halacha considers a very important aspect of driving that we tend to forget – the awesome sin of Chilul Hashem. Look at it another way: Imagine if a frum person pushed his way to the front of a long line in a store. A customer asks him to wait in line like everyone else. The person lashes out at the customer and leaves the store in a rage. Would anyone doubt that these actions constitute a Chilul Hashem? In all facets of our lives, we must always consider that we are bound to Hashem and His Torah first. We are looked upon as examples of exemplary behavior and sterling midos – we must act the part. Remember – we are always being watched. Therefore we always have to be polite – even in situations that are not our fault. Like the Chofetz Chaim once said, “We are guests here, act like a guest”.

Question: HaGoan Ha’Rav Y. S. Eliyashuv was asked, “How does one atone for certain unintentional aveiros (such as those done in driving a car) that were done over a long period of time”.

Answer: “By doing the extreme opposite in that same situation. For example, if someone was wearing posul T’fillin for many years, he should now buy the most M’hudar T’fillin he can afford. So too with Chilul Hashem – we must make as many Kiddushei Hashem as possible”.

Translated to our situation – we must be sure to follow all the traffic rules. If you forgot them, then pick up a free driving manual and review the laws.

Remember:

Have courtesy on the road.

If you notice that someone needs to enter your lane, let him in.

When someone is trying to park or make a turn (remember – he was there first!), don’t honk or try to slip by – let him park or turn.

If the pedestrian has the right of way, let him cross peacefully – he doesn’t have to be afraid that you’ll run over his feet or worse.

We must feel a deep level of responsibility every time we turn on the ignition of our car. And may we be all Zoche to a productive and safe driving all year-round.

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Drivers – In Which Direction Are You Driving?

A BRIEF HALACHIC DIGEST ON THE LAWS OF DRIVING A VEHICLE Copyright (c) by Project Genesis, Inc. and by EITZA, Inc. PLEASE NOTE: The purpose of this article is to make people aware of Choshen Mishpat situations that can arise at any time, and the Halachic concepts that may be used to resolve them. Each individual situation must be resolved by an objective, competent Bais Din (Rabbinic Arbitrator) in the presence of all parties involved.

Some of these P’skei Halachos originally appeared in Hebrew in the Toda’ah, a weekly publication in Jerusalem, by Rabbi Tzvi Shpitz Av Bet Din and Rosh Kollel in the Ramot neighborhood of Jerusalem and author of the three volume work called Mishpatei HaTorah. Some of these Piskei Halachos were translated by Rabbi Aaron Tendler of Yeshivas Ner Israel, Baltimore, author of Business Halacha – Hilchos Choshen Mishpat.