By Rabbi Yair Hoffman for 5tjt.com

They have popped up all over the United States as well as near almost every Yeshivos as well.  They are the E-Scooters. You know, that two-wheeled motorized scooter being ridden by that yeshiva student you almost hit last week, and always meant to call the menahel or his parents, but never got around to doing so?  That’s the one.

Last week, in fact, a young man riding a scooter was hit by a car on Seagirt Avenue in Far Rockaway and he went flying through the air, r”l.  Boruch Hashem, he did not sustain serious injuries.  Nonetheless, Rabbi Yaakov Bender, the Rosh Yeshiva of Darchei Torah (and a remarkable baal achrayus and mechanech) issued a new policy in Darchei Torah restricting, actually forbidding, the use of E-scooters as a means to arrive or leave Yeshiva. [See letter at end of article]

Last October, a study from the Insurance Institute for Highway Safety found that “without a clear vision for where and how e-scooters should be operated, e-scooters pose a safety risk for both riders and pedestrians.”

Before we get to the halacha, let’s see some data from the study.  The IIHS researchers found that

1. E-scooter riders sustained more injuries per mile than bicyclists.
2. They were twice as likely to be injured because of potholes, pavement cracks, lampposts, and signposts.
3. Bicyclists were three times as likely to be hit by a motor vehicle.
4. E-scooter riders were more likely to suffer from skull fractures and loss of consciousness.
5. Forty percent of the e-scooter riders interviewed were injured on their first ride.

**PLEASE HELP:  SINGLE MOM MARRYING OFF DAUGHTER**

https://thechesedfund.com/zechornilah/single-mom-marries-off-daughter

Getting deeper into 1 and 2, it very well could be that it is because of the fact that only 4% of E-scooter riders wear helmets and elbow and knee pads.  But the fact is that Yeshiva boys barely cut it in terms of arriving to yeshivos with enough time to spare to remove a helmet, elbow pads and knee pads.  #3 means that there are less kids hit by cars on E-scooters than on bikes – but that is perhaps because there are still more kids on bikes.  #4 is something that is more dangerous with E-scooters and #5 seems to be because you need more practice with E-scooters than bikes.

One must also take note that it could be that E-scooters are even more dangerous than the study indicated since the study was conducted in Washington which has a 10 mile an hour speed limit on E-scooters.

THE HALACHA

Our question deals with what the exact parameters are of an unsafe activity.  When should an activity be forbidden?  Certainly, Rabbi Bender’s initiative is an excellent idea and most parents feel much better that he has taken this step to further the safety of Yeshiva boys.  But is this step halachically mandated?  Should, or rather, must other Yeshivos also be taking this step?

Of course, every Yeshiva should ask their own Moreh Hora’ah, but there are some interesting Maareh Mekomos that might be examined.

There is a fascinating Gemorah in Yevamos 72a.  There, Rav Papa is quoted as saying that even though there is a Torah obligation of venishmartem, being careful in matters of health and safety, but there is also a concept called “Shomer pesaim Hashem – Hashem looks after fools (Tehillim 116:6).”  Both the Ritva (ibid “Shomer”)and Rav Moshe Feinstein zt”l (Igros Moshe CM Vol. II #76) seem to learn this statement as ascribing a socially acceptable risk as being permitted.  If the risk is not socially acceptable – then it would be forbidden.  It is interesting to note that years after his father had passed away, Reb Dovid Feinstein zt”l stated that, in regard to smoking, nowadays – even his father would have ruled that it is absolutely forbidden.

Rav Chaim Ozer Grodzinsky zt”l, in his Achiezer (Vol. I 23:2) rules that the pasuk of Shomer pesaim Hashem only applies when the danger is relatively small.  His understanding of Rav papa is different than that of Rav Moshe in his Teshuvah.  How do we understanding Reb Dovid’s more nuanced view of Rav Moshe’s view?  I would like to suggest that Reb Dovid understood his father as discussing a case where there is no clear, present and provable link from the action to the danger – it is just a statistical one.  Now, however, that the exact etiology of the issue has been demonstrated – even Rav Moshe would have agreed to forbid smoking nowadays.

Let’s attempt to plug all of this back into E-scooters, assuming that all of our facts and assumptions are correct.  [With another reminder that no one should rely on this discussion, but they should ask their own Rav or Poaik].

Although it is a very good idea to forbid the E-scooter, the data does not, at this point, show that the dangers are enough to halachically forbid it.  However, it may be enough to require the wearing of helmets and to make sure that the child is trained enough in using it.

There is yet another issue.  Even on bicycles there are many, many kids that cross the street while riding that do not even look.  It seems to this author that it is a Torah prohibition to allow such a child to continue riding his bike to school.  It is not enough just to tell him to look.  Rather, he should perhaps be re-enrolled in some sort of safety course.

There are a number of Mitzvos that would be fulfilled by paying careful attention to this matter.

Hashavas Aveida

The verse in Parshas Ki Taytzai (Dvarim 22:2) discusses the Mitzvah of Hashavas Aveida, returning an object, with the words “vahashaivoso lo – and you shall return it to him.”  The Gemorah in Sanhedrin (73a), however, includes within its understanding of these words the obligation of returning “his own life to him as well.”  For example, if thieves are threatening to pounce upon him, there is an obligation of “vahashaivoso lo.” In other words, this verse is the source for the Mitzvah of saving someone’s life. I believe this is the general mitzvah the Shulchan Aruch refers to in Shulchan Aruch Orech Chaim 325.

Lo Saamod Al Dam Rayacha

There is a negative Mitzvah of not standing idly by your brother’s blood as well.  This is mentioned in Shulchan Aruch (CM 426:1) and in the Rambam.  Collectively, if we adopt such a policy in having armed people in every Beis Midrash in Eretz Yisroel, we can ensure that we do not stand idly by our brother’s blood.

Lo Suchal l’hisalaym

There is yet another negative commandment associated with the positive commandment of Hashavas Aveida, and that is the verse in Dvarim (22:3), “You cannot shut your eyes to it.”  This verse comes directly after the Mitzvah of Hashavas Aveidah. The Netziv (HeEmek Sheailah) refers to this Mitzvah as well.

V’Chai Achicha Imach

The Sheiltos (Sheilta #37), based upon the Gemorah in Bava Metziah 62a,  understands these words to indicate an obligation to save others with you.  The Netziv in his He’Emek She’ailah understands it as a full-fledged obligation according to all opinions. He writes that he must exert every effort to save his friend’s life – until it becomes Pikuach Nefesh for himself.

V’Ahavta l’Rayacha Kamocha

The Ramban, Toras haAdam Shaar HaSakana (p42-43) understands the verse of “and love thy neighbor as yourself” as a directive to save him from danger as well. Although he discusses the issue of medical danger, it is clear that this is an example, and it would apply to danger as well.

Regardless, the community owes Rabbi Bender a debt of gratitude for taking action for our children when necessary.  Now as for requiring socks, well that’s for a different column.

**PLEASE HELP:  SINGLE MOM MARRYING OFF DAUGHTER**

https://thechesedfund.com/zechornilah/single-mom-marries-off-daughter

The author can be reached at [email protected]