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November 9, 2017

How Halakhah Differs from Philosophy in Solving the Trolley Problem

Balancing law and intuition.

In the moral dilemma known to contemporary philosophers as the “trolley problem,” an out-of-control streetcar is on its way to killing five people. It can’t be stopped, and the potential victims can’t be pushed out of harm’s way; but by simply pulling a lever, the driver can divert the trolley to a different track. The catch is that a single person standing on the second track will be killed in the process. In the early 1950s, the great talmudist Avraham Yeshaya Karelitz (known as the Ḥazon Ish) considered a nearly identical problem; like the vast majority of both philosophers and ordinary people, he ruled that it is better to allow one person to be killed than five. But unlike the philosophers, who tried to approach the problem through various theoretical principles (e.g., “the greatest good for the greatest number”), he reached this conclusion through analogy to similar cases given in the Talmud. Moshe Koppel explains what the trolley problem implies about the role of intuition in halakhic decision-making:

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