Selected Reform Responsa 149

ASBESTOS VERSUS REFUGEES 1990

QUESTION: The congregation has found some asbestos in the Religious School and discovered that it can be contained at a modest cost, but some parents have demanded its removal which cost several hundred thousand dollars. At the same time members of the congregation have petitioned vigorously to use funds for the rescue and resettlement of Soviet Jews . would tradition see as more important- the health of our children or the rescue of the Russian Jewish immigrants?(Nora A. Ellenson, Philadelphia PA )

ANSWER. Let us begin by looking at the mitzvah of pidyon shivuyim (the redemption of captives). Tradition has considered this a major mitzvah(B B 8a) and Maimonides for example cited a long f Biblical verses to prove how significant the mitzvah was( Yad, Hil. Matnot Aniyin 8.10; Shulhan Arukh Yoreh Deah 352). In talmuudic citation the rabbi permitted funds to be removed from a designated charity to this purpose as it was so important. Even if the funds had been specified only for the rebuilding of the Temple they could be diverted for the sake of redeeming captives. The literature then sadly enough felt it necessary to deal with the order of priority among the captives. Obviously there often were insufficient funds to rescue everyone. The primary importance this task has been very clearly established by tradition.

Now let us look at the matter of health. It is a duty for Jews to look after their health and for that matter the heal their fellow human beings(Deut 4.9, 15; 22.8, BK 91b; Yad. Hil. Rotzeah 11.4 ff. Shuthan Arukh Hoshen Mishpat 427, Yoreh Deah 116.5 and Isserles ). This means that no product which can harm should be used in any way. These citations would certainly apply to the danger of asbestos and, of course, we need to protect both children and adults