Q&A: The Trolley Problem in Jewish Law
The Trolley Problem in Jewish Law
Question
Hello Rabbi,
I recall that in the column where I criticized Uri Eran’s article, and you mentioned the trolley problem, you explained that in your view we should not judge the intention and status of the person facing the dilemma, but rather the act itself. You wrote that in your opinion the outcome is what matters, and that is what determines the act itself — and that is how I see it as well.
This Sabbath I came across a case in a passage in tractate Sanhedrin about a person who must be killed rather than kill. If I understood the flow of the passage correctly, when it comes to a decree of religious persecution, he must be killed rather than commit even the slightest transgression.
I wanted to ask how these two fit together. Basically, what is the position of Jewish law on the trolley problem, and more generally, to understand why that is its position.
Good news
Answer
I don’t think I wrote that. The decision about what to do depends on the outcome, but judging the person certainly depends on his intentions.
I didn’t understand the question from Sanhedrin. What doesn’t fit with what?
Jewish law has no position on the trolley problem. Each halakhic decisor will say here what he thinks. I think most of them would say not to divert the train.
Discussion on Answer
They do not view an omission as an act of murder. It is only a failure to save.
Rabbi Michi, in your opinion — if there is a relative, or a father and mother, in the group that would be harmed if we do not divert the trolley, would that change the decision in favor of diverting it?
I don’t think that should make a difference.
I couldn’t understand why the view of the halakhic decisors would be not to divert the train; to me that seems very implausible in practice.
If I assume they base themselves (generally speaking) on “You shall not murder” — then I would assume, on the other hand, that the choice not to change the train’s route is itself basically murder, or “do not stand idly by your neighbor’s blood.” I’m not familiar with the implications of these halakhic definitions, so these are just unfounded guesses.