Violating Torah to Save Your Life: Difference between revisions

# If someone's life is threatened unless he violates a prohibition if the terrorist threatening his life is doing so to negate the Torah if he's in the presence of ten Jews<ref>Shach 157:4 notes that in fact even if ten Jews aren't present but are aware of the occurrence it is considered public. This is evident in Sanhedrin 75b.</ref> he should die for Kiddush Hashem. This applies to any prohibition and according to some opinions even for violating a minhag one should give up one's life.<ref>Rashi Sanhedrin 75b explains that the small mitzvah described is changing the color of one's shoelaces because it is breaking the minhag of Jews to have modest clothing. However, the Rif Sanhedrin 17b explains that the gemara described a case where one changed one's shoelaces and violated ''lo tilbash'', mimicking non-Jewish ways. Bet Yosef 157:1 interprets the Rambam in line with the Rif. Shach 157:5 cites both Rashi and Rif.</ref>

# If the terrorist is doing it for his own benefit one shouldn't give up one's life.<ref>Gemara Sanhedrin 75b</ref> One may not be strict and instead one must violate the prohibition.<ref>Shulchan Aruch Y.D. 157:2, Rabbenu Yerucham 18:3 cited by Bet Yosef 157:1</ref>

# If a regime outlaws observing Torah or mitzvot a person must give up his life to observe Torah and mitzvot, even for minor mitzvot. This unfortunate state is called ''shaat hashmad'' (Heb. שעת השמד; lit. time of destruction) in halacha.<ref>Gemara Sanhedrin 75b</ref>

# If the government forbids Jews from observing mitzvot for their own benefit and not in order to destroy Judaism it is not considered a reason to give up one's life, instead one should violate the prohibition.<ref>Shach 157:7 cites the Bach who thinks that whereas in public if the terrorist is threatening a Jew's life for his own benefit the Jew should violate the halacha, because there is no kiddush Hashem when the Jew is doing it for his own benefit, that doesn't apply to ''shaat hashmad''. When there is a ''shaat hashmad'' the reason that a Jew has to give up his life is because the regime is destroying Judaism and it is incumbent for Jews to stand up for Torah even by giving up their life. Even if the government is doing it for their own benefit it is still necessary to give up one's life since it isn't a question of Kiddush Hashem. However, the Shach 157:7 disagrees based on Rashi and the Hagahot Ashri Ketubot ch. 1 who is unsure about this point. Since there is a doubt about this case, the Shach concludes that it is better to violate the Torah to save your life. Ran Ketubot 74a also assumes that when the government is doing it for their benefit one shouldn't give up one's life and quotes Rabbenu Dovid who agrees, but concludes that the Rambam Yesodei Hatorah 5 implies that it isn't the case. Taz 157:3 agrees with the Shach based on Rashi, Ran, and Nemukei Yosef. See Igeret Taiman and Rambam Sefer Hamitzvot.</ref>