Violating Torah to Save Your Life

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An overarching principle in the Torah is that we do our utmost to preserve life even at the expense of negating a law of the Torah. There are three major exceptions where it is incumbent upon a person to give up his life in order to follow the halacha. Namely, to avoid murder, Avoda Zara, and illicit relations a person should give up his life rather than violate these critical mitzvot. Surrendering one's life in order to uphold the Torah when it is halachically prescribed is a [Kiddush Hashem]], sanctifying Hashem's name, of the highest order.[1]

The Big Three

  1. If a person's life is threatened unless he violates murder, Avoda Zara, or illicit relations, he may not violate the law. Rather he should die in fulfillment of the mitzvah of Kiddush Hashem, sanctifying Hashem's name.[2]
  2. Many rishonim hold that even associated prohibitions to the big three prohibitions one should also give up one's life. In technical terms these are called avizrayhu (Heb. אביזריהו, lit. associated). For example, if one is threatened to give up one's life or hug one of the relatives forbidden to him he would have to give up his life.[3]
  3. Yichud is not considered something one needs to give up one's life.[4]

Kiddush Hashem

Kiddush Hashem

Sources

  1. ↑ Rambam Yesodei Hatorah 5:1-7, Maharam Chalavah Pesachim 25a. See Baal Hameor (Pesachim 6a s.v. nimsa) who seems to subscribe to this approach as well.
  2. ↑ Gemara Pesachim 25a, Sanhedrin 74b
  3. ↑ Shulchan Aruch Y.D. 157:1. Ran Pesachim 6a s.v. bchol, Rabbenu Dovid Pesachim 25a s.v. bchol, Maharam Chalavah Pesachim 25a s.v. bchol, and Ritva Avoda Zara 6b s.v. vaf, 27b s.v. aval all hold of the concept of avizrayhu and have two proofs: 1) It is forbidden to heal oneself with asheira wood (Pesachim 25a) and 2) It is forbidden even to speak to a married woman even if that's the only way to heal his illness (Gemara Sanhedrin 75a).
    • The Shulchan Aruch Y.D. 155:2 records a dispute between Tosfot and the Ran whether one should give up their life as opposed to being healed with Avoda Zara branches that aren't specified that they are Avoda Zara. Tosfot is lenient since it doesn't cause himself and others to follow Avoda Zara, while the Ran disagrees since it is avizrayhu of Avoda Zara. Shulchan Aruch's first and main opinion is like Tosfot. Shach 155:11 in facts says that the agreement of the poskim is like Tosfot. However, in Rama Y.D. 157:1 it is evident that the Rama holds like the Ran and avizrahu are worthy for a person to give up one's life. Gra 155:14 and Minchat Chinuch 296:15 s.v. heneh botam pose this issues and leave it unresolved.
    Mekor Mayim Chaim YD 155 answers that Shulchan Aruch and Rama hold of a mitigated view of avizrayhu. It does not include the prohibition of benefitting from Avoda Zara as the Ran wrote, yet, includes the prohibition to hug or kiss one of the forbidden relatives since that is more directly linked to the prohibition of illicit relations. Maharam Shik 165 and Dvar Shmuel Pesachim 25b have similar approaches. See Shulchan Aruch 157:3 for further evidence of this approach.
    • Lifnei Iver is not included in avizrayhu since it is a general prohibition. Ran Pesachim 6a s.v. chutz, Ritva Avoda Zara 6b s.v. vaf, and Maharam Chalavah 25b s.v. af.
  4. ↑ Torat Yichud 10:5. See, however, Tuv Taam Vdaat 192 and Shem Aryeh who consider it avizrahu.
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