Violating Torah to Save Your Life: Difference between revisions
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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.<ref>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.</ref> | 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.<ref>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.</ref> | ||
==The Big Three== | ==The Big Three== | ||
# 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.<ref>Gemara Pesachim 25a, Sanhedrin 74b, Rambam Yesodei Hatorah 5:2, Rosh Sanhedrin :3, Shulchan Aruch Y.D. 157:1</ref> | # 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.<ref>Gemara Pesachim 25a, Sanhedrin 74b, Rambam Yesodei Hatorah 5:2, Rosh Sanhedrin :3, Shulchan Aruch Y.D. 157:1</ref> The bracha for dying to sanctify Hashem's name is Baruch Atta Hashem Elokenu Melech Haolam Asher Kideshanu Bmitzvotav Likadesh Shemo Brabbim - ברוך אתה ה' אלוקינו מלך העולם אשר קדשנו במצוותיו וצוונו לקדש שמו ברבים (trans. Blessed is He, Hashem God of the world, who sanctified us with his mitzvot and commanded us to publicly sanctify His name.) .<Ref>Pitchei Teshuva 157:6 citing Shlah (end of Aleph)</ref> | ||
# 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.<ref>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). | # 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.<ref>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. | * 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. | ||
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#For these three sins one should give up one's life even if the terrorist is threatening one's life for his own benefit.<ref>Ramban Pesachim 6a, Shulchan Aruch Y.D. 157:1</ref> | #For these three sins one should give up one's life even if the terrorist is threatening one's life for his own benefit.<ref>Ramban Pesachim 6a, Shulchan Aruch Y.D. 157:1</ref> | ||
# A woman who is threatened to violate illicit relations does not have to give up her life since she is passive.<ref>Tosfot Ketubot 3b, Tosfot Pesachim 25b s.v. af, Rama Y.D. 157:1</ref> | # A woman who is threatened to violate illicit relations does not have to give up her life since she is passive.<ref>Tosfot Ketubot 3b, Tosfot Pesachim 25b s.v. af, Rama Y.D. 157:1</ref> | ||
# A married woman should give up her life rather than have illicit relations with another man even if he is non-Jewish.<ref>Rabbenu Tam cited by Ketubot 3b s.v. lidrosh posits that even a married woman does not have to give up her life in order to avoid being violated by a non-Jew since relations with a non-Jew is not considered illicit relations. The majority of rishonim and poskim disagree. Ramban, Baal Hameor, and </ref> | |||
# A single woman should not give up her life if she is threatened by her life to have illicit relations or even marry a non-Jew since that relationship although terrible is not considered an illicit relation worthy of giving up one's life (''hereg v'al yavor''). | |||
===What's included in ''avizrayhu''?=== | ===What's included in ''avizrayhu''?=== | ||
# [[Lifnei Iver]] is not included in ''avizrayhu'' since it is a general prohibition.<ref>Ran Pesachim 6a s.v. chutz, Ritva Avoda Zara 6b s.v. vaf, Maharam Chalavah 25b s.v. af, Rama YD 157:1, Taz 157:5, Shach 157:11</ref> | # [[Lifnei Iver]] is not included in ''avizrayhu'' since it is a general prohibition.<ref>Ran Pesachim 6a s.v. chutz, Ritva Avoda Zara 6b s.v. vaf, Maharam Chalavah 25b s.v. af, Rama YD 157:1, Taz 157:5, Shach 157:11</ref> | ||
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# Using something worshipped as [[avoda zara]] is considered ''avizrayhu'' of [[avoda zara]] unless it is given to the patient as a medicinal item and it isn't specified that it was worshipped as [[avoda zara]].<ref>Yerushalmi Shabbat 14:4, Tosfot Pesachim 25a s.v. chutz, Ritva Pesachim 25a, Rashba Avoda Zara 27b s.v. vim, Rashba teshuva cited by Bet Yosef YD 123:2. Ran Pesachim 5b s.v. bchol disagrees. Ritva quotes the Raah who is also strict. Shulchan Aruch Y.D. 155:2 quotes the Tosfot as the main opinion.</ref> | # Using something worshipped as [[avoda zara]] is considered ''avizrayhu'' of [[avoda zara]] unless it is given to the patient as a medicinal item and it isn't specified that it was worshipped as [[avoda zara]].<ref>Yerushalmi Shabbat 14:4, Tosfot Pesachim 25a s.v. chutz, Ritva Pesachim 25a, Rashba Avoda Zara 27b s.v. vim, Rashba teshuva cited by Bet Yosef YD 123:2. Ran Pesachim 5b s.v. bchol disagrees. Ritva quotes the Raah who is also strict. Shulchan Aruch Y.D. 155:2 quotes the Tosfot as the main opinion.</ref> | ||
===Public=== | ===Public Persecution=== | ||
# 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 74b.</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 74b 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 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 74b.</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 74b 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 74b</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 the terrorist is doing it for his own benefit one shouldn't give up one's life.<ref>Gemara Sanhedrin 74b</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> | ||
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# Persecution that applies to Jews and other nationalities as well is not considered a ''shaat hashmad''.<ref>Shach 157:6 based on Nemukei Yosef</ref> | # Persecution that applies to Jews and other nationalities as well is not considered a ''shaat hashmad''.<ref>Shach 157:6 based on Nemukei Yosef</ref> | ||
# Even at times of a ''shaat hashmad'' a person does not give up his life for a positive mitzvah.<Ref>The Ran Shabbat 22b s.v. vmakshu and Nemukei Yosef Sanhedrin 17b cited by Bet Yosef 157:1 explain that one does not give up his life for a positive mitzvah since one is only passively not fulfilling it. Furthermore, the terrorist could forcibly stop him from doing the mitzvah and keep him alive, so there is no reason to give up your life. Whereas for a prohibition the terrorist can't forcibly cause him to violate the prohibition in most cases and it is better to give up your life than violate it. Rama 157:1 and Taz 157:4 codify this approach.</ref> | # Even at times of a ''shaat hashmad'' a person does not give up his life for a positive mitzvah.<Ref>The Ran Shabbat 22b s.v. vmakshu and Nemukei Yosef Sanhedrin 17b cited by Bet Yosef 157:1 explain that one does not give up his life for a positive mitzvah since one is only passively not fulfilling it. Furthermore, the terrorist could forcibly stop him from doing the mitzvah and keep him alive, so there is no reason to give up your life. Whereas for a prohibition the terrorist can't forcibly cause him to violate the prohibition in most cases and it is better to give up your life than violate it. Rama 157:1 and Taz 157:4 codify this approach.</ref> | ||
==Sacrificing to Do Mitzvot== | |||
===''Pikuach Nefesh''=== | |||
# One does not have to give up his life in order to avoid violating a prohibition, aside from the big three described above. This principle is called ''pikuach nefesh'' (Heb. פיקוח נפש; lit. concern for life). In all cases of a concern for a loss of life it is permitted to violate the Torah, whether it be that the threat is from a terrorist trying to cause a person to violate the mitzvah, a life threatening situation caused by a person,<ref>Although the Pitchei Teshuva YD 157:2 cites the Mishnat Chachamim (Intro to Avoda Zara) who is unsure about this point, whether ''pikuach nefesh'' permits violating the Torah if the danger is caused by a person and it isn't a terrorist trying to cause him to violate the Torah, his opinion is dismissed. The Pitchei Teshuva also cites the Taz 179:4 and Hafalah Ketubot who permitted violating the Torah for ''pikuach nefesh'' even when caused by a person. Gilyon Maharsha YD 179 agrees with the Taz but is unsure why it was even a question. Minchat Chinuch 295:2 agrees with the Taz and Haflah.</ref> animal,<ref>Gemara Brachot 33a, Shulchan Aruch O.C. 104:3, Shulchan Aruch Y.D. 179:7, Taz 179:4, Taz 157:6</ref> or illness.<ref>Gemara Pesachim 25a, Shulchan Aruch Y.D. 155:3</ref> In all cases the halacha is clear that to protect life it is permitted to violate the Torah. | |||
# For example, pikuach nefesh allows for violating Shabbat. See [[Medicine on Shabbat]] for details. | |||
===''Sakanat Ever''=== | ===''Sakanat Ever''=== | ||
# If one's limb is in danger (Heb. סכנת אבר; trans. ''sakanat ever'') is it permissible to violate a prohibition? If a loss of limb is considered like a loss of money then it is necessary to upkeep the Torah even at the expense of the health of one's limb. If a loss of limb is considered like a loss of life then it is permitted to violate the prohibition to save one's limb. The conclusion of the poskim regarding other prohibitions, besides Shabbat, is to judge loss of limb like loss and life and it is permitted to violate a prohibition.<ref>Shach 157:3 citing Rivash 387 and O.C. 328:17. See Radvaz 3:627 who seems to hold a similar position.</ref> | # If one's limb is in danger (Heb. סכנת אבר; trans. ''sakanat ever'') is it permissible to violate a prohibition? If a loss of limb is considered like a loss of money then it is necessary to upkeep the Torah even at the expense of the health of one's limb. If a loss of limb is considered like a loss of life then it is permitted to violate the prohibition to save one's limb. The conclusion of the poskim regarding other prohibitions, besides Shabbat, is to judge loss of limb like loss and life and it is permitted to violate a prohibition.<ref>Shach 157:3 citing Rivash 387 and O.C. 328:17. See Radvaz 3:627 who seems to hold a similar position.</ref> | ||
===Monetary Loss=== | ===Monetary Loss=== | ||
# To avoid violating a prohibition one has to spend all of one's money.<ref>Ran Sukkah 16a cited by Darkei Moshe 157:1 and Rama 157:1. The Mahariv 156 disagrees and thinks that only to avoid [[avoda zara]] does one need to spend all of one's money.</ref> | # To avoid violating a prohibition one has to spend all of one's money.<ref>Ran Sukkah 16a cited by Darkei Moshe 157:1 and Rama 157:1. The Mahariv 156 disagrees and thinks that only to avoid [[avoda zara]] does one need to spend all of one's money.</ref> Some say that to avoid violating a prohibition passively one needs to give up up to one fifth of his money and not all of his money.<ref>Pitchei Teshuva 157:4 quotes the Pri Megadim in Teyvat Gomeh who was unsure about this. He also cites the Mishnat Chacham (Intro to Yesodei Hatorah) who thought that certainly he does not have to give up more than a fifth of your money for passive violation of a prohibition and the Chomat Yerushalayim 196 who holds the opposite. Rashba (cited by Shita Mikubeset Bava Kama 9a s.v. vlo) implies like the Mishnat Chachamim that it all depends on whether it is active or passive.</ref> | ||
# In order to fulfill a positive mitzvah one only has to spend a fifth of one's money.<ref>Rama O.C. 652, Shach 157:3</ref> | # In order to fulfill a positive mitzvah one only has to spend a fifth of one's money.<ref>Rama O.C. 652, Shach 157:3</ref> | ||
# To avoid a rabbinic prohibition a person should give up all of his money.<ref>Pitchei Teshuva 157:4 quotes the Pri Megadim who was unsure about this. Chavot Yair 183 says you do, while in Chavot Yair 182 contradicts this. Radvaz 1:145 also holds that to avoid a rabbinic prohibition one should give up all of his money. Igrot Moshe EH 1:57, Gra 157:4, Chafetz Chaim (Klal Rechilut Bear Mayim Chayim 1:12) concur.</ref> | |||
==Sacrificing an Individual to Save a Group== | |||
#If terrorists threaten a group of women that if they don't give up one of them to be violated they will all be violated, ''chas vshalom'', they can't give up a single woman even if they specified which one they want.<ref>Rambam Yesodei Hatorah 5:5. Taz 157:9 that according to the opinion that anytime one is specified to be killed that person could be given over to save everyone else, the same would apply to the case of women being violated. However, according to the Rambam and the halacha that we can't give up someone even if they're specified unless they're sentenced to death by some legal system then for woman being violated that is never relevant and always forbidden to give up one woman.</ref> | |||
#If the terrorists threaten a group of women that if they don’t give up one of them to be violated they will all be killed they may give up one woman.<ref>Taz 157:9 explains that it is permitted to give up a woman to be violated in order to save their lives since a woman being violated passively isn’t considered ''hereg v’al yavor''.</ref> | |||
#It is forbidden to give up one life to save another and even to save an entire group. If the individual that they specify is liable to death by a legal system<ref>Taz 157:8 explains that even if the person isn't liable to death by Bet Din and only by the government even a non-Jewish government they can be given over.</ref> they can be given over.<ref>The Mishna Trumot 8:12 states that if terrorists threaten an entire group that if they don't give up one of them to be killed all of them will die, they may not give up any of them. If the terrorists specify one of them then they may give him up to save the group. The Yerushalmi Trumot 8:4 cites a dispute between Rabbi Yochanan and Reish Lakish as to how to understand the halacha. Rabbi Yochanan says that as long as the person is specified he can be given over, while according to Reish Lakish he can only be given over if he is liable to death. Rambam Yesodei Hatorah 5:5 rules like Reish Lakish, and Hagahot Maimoniyot (Yesodei Hatorah 5:6) disputes this and accepts Rabbi Yochanan. Rama 157:1 cites both opinions. Taz 157:7 follows the Rambam.</ref> Even when the person is culpable to death and it is permitted to give him over to be killed to save the group, a rabbi should avoid giving such a verdict directly and avoid doing it himself.<ref>taz 157:7 ponders the meaning of the Rambam Yesodei Hatorah 5:5 who concludes that a rabbi shouldn't initially render a ruling to give over a person to save the masses even if that individual is culpable to death. He says that it is not a pious measure to rule the opposite and cause everyone to die but it is advisable that he not do so himself. The prooftext for the Rambam is the Yerushalmi Trumot 8:4 which states that in such a situation Rabbi Yehoshua Ben Levi gave over a Jew even though it was permitted, Eliyahu Hanavi stopped visiting him because of it. Taz interprets this to mean that he shouldn't have done it himself.</ref> A person must try to find any option possible to avoid this.<ref>Darkei Moshe 157:4 citing Hagahot Maimoniyot (Constantinople edition, Yesodei Hatorah 5:6), Shach 157:15</ref> | |||
==Kiddush Hashem== | ==Kiddush Hashem== | ||
