Halakhah zu Bereschit 43:8

Rabbi Yosef cites Tal Orot 16b who finds a source for this ruling in the commentary of Rashi on the verse, "Send the lad with me and we will arise and go that we may live and not die" (Genesis 43:8). Rashi depicts Judah as arguing, "As for Benjamin it is doubtful whether he will be seized or whether he will not be seized, but for us, we shall certainly all die of hunger if we do not go. It is better that you shall set aside that which is doubtful and grasp that which is certain." However, upon closer scrutiny, it is readily apparent that Rashi's comments are not at all germane to the case at hand. Placing the life of Benjamin in jeopardy in compliance with Joseph's demand does not serve as a paradigm establishing a normative principle for a third party who must weigh the danger his actions may cause to others. Nor, in the biblical narrative, does Benjamin place himself in danger solely on behalf of others. On the contrary, failure to appear before Joseph would mean that not only will the family fail to secure food, but that Benjamin himself will die of hunger. Accordingly, Rashi depicts Judah as advancing the compelling argument that even insofar as Benjamin himself is concerned, appearing before Joseph constitutes a lesser danger.