contrary, he contradicts the literal reading of his own pesikah.> Whereas code law deals with general issues for an entire population in any area, case law as revealed in the responsa literature tries to take into consideration ethical principles related to the special circumstances of a suffering individual.**
THE DANGERS OF AL/YAH
Rabbi Samson b. Abraham of Sens, a Tosafist leader of the 300 rabbis who migrated to the Holy Land in 1211, responded to questions asked by R. Menahem, who had vowed in public that he would go up to Eretz Yisrael:
The vow may be nullified, even though it was made publicly, since his wife is with child and nothing takes precedence over saving life[pikkuah nefesh]. It would be dangerous to make a pregnant woman travel and [take] her newborn on such a hazardous journey before the child develops and the summer arrives... Do not rejoin that there is no danger of life here, since you could go without your wife. In no way would you be allowed to abandon her[leag nah], since you are beholden to her. This is a great mitzvah, so therefore your vow can be nullified.”
Karnafogel reasons that R. Samson’s ruling would probably have been different if R. Menahem’s wife had not been pregnant. The way to the Land was always very difficult, but under these circumstances mother and child were in extremely great risk. This is
the narrow basis for exempting his questioner from fulfilling the mitzvah. He does not base his ruling on the existence of widespread danger or on the lack of a strict obligation to live m Israel , as did other
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