Preparing video...
0:00 / 0:00
Rambam’s Letters (Pt IV) | Rabbi Yitzchak Breitowitz
601 views
www.ouisrael.org facebook.com/ouisrael #OUisrael #torah #judaism #torahlectures
Categories:Torah
Comments
Transcript
Auto-generated transcript. Not time-synced to the video.
I lost the dedications. Kana, I I lost
the dedication just last. Okay. I'm
gonna read some dedications.
Yeah, I got it.
Get another. There's another one. Oh,
there's another one. Yeah. Here.
Yeah.
Uh today's Shir is sponsored uh by Rak
Steiner in me in in honor of her new
greatgrandson Mazav Mazavv Mora Yehuda
named for his greatgrandfather Mark
Steiner of Raka that many of us
including myself uh considered Mark a
very very dear friend and a brilliant
scholar and uh may this perpetuate his
nishama. Uh in addition our shar is
dedicated
anonymously. I am technologically
challenged uh for the reformer Vana Bat
Bluma and Eveina Bat Galina. May she
have a refor may they have a
reforel. Okay. So uh we are continuing
um a discussion of uh Earit Hashmad or
Mama Kush Hashem. There are two names
here and uh at this point uh the Rambam
actually goes into the pureic part of
the letter because obviously the Rambam
has to address the issue when must a Jew
give up his life when must you be
willing to die rather than transgress
the Torah because that's really a
central issue here. uh that uh this
rabbi, this anonymous rabbi uh told the
Jews that they would have to submit to
death rather than profess belief in
Islam. And if they did not do so, they
are goyam in the eyes of God and any
mitzvot they do are totally rejected. So
the Rambam needs in addition to the
muser that we looked at the to that the
Rambam gave to the rabbi the Rambam now
will discuss the actual of martyrdom and
I have to say that this letter was
written when the Rambam was as I say at
the age of 27.
uh most of it was incorporated in the
later Mishna Torah but there are some
differences between his masot in the
Mishna Torah and what he wrote in
uh I'll try to point it out as we come
as we come to them. Uh obviously we
start off with the basic idea that
everybody knows that nephesh saving a
human life generally overrides virtually
every commandment of the Torah. uh that
is derived actually from a in last
week's
paraos the first of the two
parot that the Torah was given so that
we should live and interpret that to
mean
that the Torah was not given uh that we
should die the Torah was given that we
should live erggo that is the source
surprisingly enough. I mean, I remember
it's interesting, you know, because it's
a little bit of a a linguistic stretch
that is. So, I remember when I when I
heard this, I think the first time I
heard it, I was in the fourth grade and
I said, "Come on, that can't be, you
know, a real druss." I almost thought it
was a joke. But but that is the dr of
kazal that from the we learn out the not
only the but the mitzvah of
pikuesh. Now the garra in Yuma gives
another which is really unique to
Shabbat and it says the
following
shabas. It is better to
desecrate one shabas to keep somebody
alive in order that they should be able
to keep many shabasot in the future.
meaning more of a pragmatic idea that
what are you going to say? I'm not going
to desecrate Shabas so the person will
die if the person will die he will not
be observing the shabas in the future.
Therefore it is worthwhile to desecrate
one shabas in order to facilitate the
observance of many shabases. Now the MS
is
the says a very remarkable which is not
the says that if the justification for
Shabas is the ability to keep more
Shabas in the future let's say a
person's condition is such where even if
you intervene to extend his life he's
not going to make it till next Shabas
meaning uh he's going to die now but if
I violate the Shabas I can keep him
alive for two days. So says the archam
there's not going to be any future
shabases uh in that situation. Therefore
you would not be allowed to desecrate
Shabas to save his life. Uh but Kineski
points out quite properly so that is
absolutely not the uh we desecrate
Shabbat even to keep a person alive for
one minute. If a person without
intervention is gonna die at 10 o'clock
and by intervening and desecrating
Shabbat, I can keep him alive till
10:01 the is I do it. Again, I'm not
dealing with prolonging suffering.
That's another issue. But in the absence
of an issue of prolonging
suffering is soi says obviously this is
because the reason is the reason is
not but by the way this comes up in
another context as well nothing to do
with uh this is the perennial question
in the kiraim world. Can you invite
somebody for a shabas meal if you know
right you offer them a place but you
know they're going to drive. So the
problem is you're causing them to do an
ara you have a problem of naive not
putting a stumbling block before a
person not causing them to sin.
Soakina in a very famous chuva
articulated the rationale that if this
is a means or a mechanism that perhaps
he will come to keep the shab although
you don't know but there's a possibility
that this may be a stepping stone by
exposing him to shabas that he will be
able to keep shabat in the future. So
you're allowed to cause a Shabbat uh in
the short term if there's a at least a
probability that uh it will result in
Shabbat in the long term. Yeah. Um
there's a distinction
because of helping somebody is you're
doing the you're doing the whatever it's
called for the other person whereas inem
it's the person himself who is
committing the whatever who is
it. No, no, that's true. No, but that's
true. But the truth of the matter is
works for yourself too. For example,
eating eating as an example, right? Uh
if
is doing the even somebody else is
allowed even somebody else even somebody
else. Uh in fact now now it is brought
down it is brought down that if you
could save a person's life by the use of
a gentile or or a you know, etc.
And there would not be a there would not
be a delay. There would not be a delay.
You tried to do it through uh non-Jews
if possible. Uh but if there's any
element of delay, a Jew should do it. I
mean, I remember in my own show when I
was a rob in Silver Spring. So the one
of the elderly parents with one of our
congregants uh fainted uh in the middle
of Davening. Uh we didn't know what it
was. Uh so I went I went to the phone uh
to call uh ambulance or 911 and I I left
I left the door open the door to the
office open so specifically people would
see I was using the phone because it's
an important point to communicate that
for Piku nephesh there's a to violate
shabas. So, I still remember some um
10-year-old kid walked by and said,
"Hey, the rabbi is using the
phone, whatever." But I guess that was
part that was part of the point. Uh
Hashem, it turned out uh the man the man
was okay. Uh he was just dehydrated. Uh
so the question then becomes, well, did
I violate Shabas since there was no
satana? No. No. Obviously not. Obviously
not. uh if you violate Shabas or not I
shouldn't even call it violation because
you think it's a never situation even if
blessedly so it turns out not to be uh
you did exactly the right the right
thing. Yeah. So this is a little off
topic. If you're traveling and you come
across traffic or whatever, are you
obligated to leave your car and somehow
just walk a couple of miles? Cuz I was
told if you left enough time to get to
your destination, you should just
continue and
uh Okay. Okay. So, so first of all, it
is true that if getting out of the car
that's in the middle of a highway would
be that would be a but but putting aside
and just focusing on the so it really
depends uh if you are being driven, if
you're on a bus, if you're on a train,
uh you can just keep going. On the other
hand, if you're actively doing the
driving, uh that's an act of shabas. If
it's not, you do have to get out of you
do have to get out of the car. the key
when you get out of the car because if
you're carrying No, no. I This is like
just a very practical thing. What do you
do with the key? You know. Yeah. Well,
the the answer is you should uh hope for
the best. You should hide the key. Hide
the key somewhere there. And uh
hopefully it'll be there when uh when
you when you do it. I mean, I I I myself
uh I mean, I think maybe once I I kind
of I mean, it was like a big snowstorm
in uh Silver Spring in Maryland and um I
had to get out of the car. something. I
mean, it wasn't uh it was like three
three or four miles from uh from my
house, but but it wasn't on a major
highway. It was in already in in town.
Uh but yeah, sometimes you got to do it.
But but if on the other hand, you're on
a train or a bus, even if the bus stops,
uh but it's not where you have to go,
you you can keep on going till it goes.
Yeah. It happened once to my husband
also. It was a snowstorm and he was
coming home, driving home, right? and he
got stuck. Yeah. He pulled off behind
leg. Yeah. And he pulled into a
driveway, an old car. Yeah. And he
explained to the person Yeah. and asked
if it would be all right if he parked
his car in the driveway until after the
Sabbath and they just allowed it. And
these were non non-Jewish people. I
think non-Jewish people. He walked home
and we didn't know where he was. So he
came home came home midnight or
whatever.
Yeah. Yeah. Yeah. It's uh Yeah. Yeah.
You got to you got to be careful. Yeah.
In the car walked and the street first
street was the Lord's way leading him
right to the
sh was taken in by the rabbi and he had
a wonderful shopping. So no burkashm uh
yeah a lot of times uh stranded
travelers kind of go into the from
community an unknown from community and
burkashem they found have hospitality. I
mean I know myself there are people who
have become there are people who have
become religious precisely when they got
a sense that no matter where they are in
the world
uh north from cup from person will give
them hospitality no matter where it is
even if they never knew you they never
saw you and that that is enormously
impressive that's a keshashem that
actually moves people sometimes to
become religious yeah question yeah I'll
that there. Yeah. My my neck is uh
turned. Yeah. Man was driving Friday
going home. Yeah. He was speeding
because it was late. Policeman stopped
him and he explained that it's close to
the Sabbath. Then he has to get home.
Right. Policeman said, "You're an
Orthodox Jews in New York." Yeah. Going
to the five towns. The policeman said,
"Let me see your strength."
So he said, "Afternoon." They're gone
already. Wait a minute. So he said,
"Okay, let me see your strings."
Luckily, he had six and he let it go.
Yeah. Someone had a question. Yeah.
Yeah.
Shabbat action.
Okay. So this um this is very very
interesting. Yeah. Yeah. The question is
you know we desecrate Shabas to save the
life of a Jew. So the question becomes
uh can we desecrate Shabas to save the
life of a non-Jew right? Uh so this is a
very very difficult uh area. Uh the
bottom line is we do but the way we get
to it is very very problematical.
According to the Mishna the and the to
desecrate the shabas in order to I use
the word descate actually it's not a
desecration but to to do what otherwise
would be forbidden on shabas in order to
save a life only applies to a Jewish
life and there is no nephesh to save a
non-Jewish life uh which means uh every
few years there's an article in Mariv
orot about which almost always affect a
lie a fake story about a guy a guy had a
heart attack in the middle of Benabra
and nobody come Huh no no no if you
don't No I understand okay no you're
right you're right you're you're you're
right but I'm I'm talking about in
theory whatever it would be uh you know
so I was going to say the pope had a
hard okay you know even even with the
pope even with the pope you don't know
the pope so Jew well yeah it's true well
well the the fir the first pope for sure
was Jew English uh you know uh heather.
Okay.
Yeah. Actually, actually I noticed
something about the just digress for a
second. Uh the new pope, very nice guy
from Chicago, Pope Bob they call him.
His name is Robert Robert Pablio. But
um in his uh in his speeches he mentions
God. He doesn't mention Yuska so much.
He mention talks a lot about God. It's
very very strange. Uh you know he
doesn't mention Yashka so much. He talks
God, God, God, relationship with God. So
some people say, "Well, may maybe maybe
he's Jewish, you know, who knows?" But
okay. Anyway, um but again, I understand
if you don't know, of course, you have
to heir on the side of of of
intervention. But strictly speaking, uh
you don't save the life of a guy.
However, however, here's what theor
says. If not saving the life of a
non-Jew is going to cause enmity and
hatred towards the Jewish people, this
is called AVA. So in such a situation,
not saving the
non-Jew is going to result in
endangerment to the Jewish people and
therefore as a practical answer we do
intervene to save the life of a non-Jew.
Now Raf Salvich used to point out that
although this is a pragmatic resolution
of the issue, uh many feel it's not
necessarily an ethical resolution of the
issue because essentially what you're
saying is the non-Jewish life is not
important enough to violate Shabas, but
I'm going to do so because it's going to
protect Jewish lives. So practically, it
makes no difference. We're gonna call
out Solah. going to uh desecrate the
Shabas but only because of the
endangerment of Kalisrael which would
mean for example if you're on a desert
island right Robinson let's say Robinson
Crusoe is Jewish uh and he's with his
man Friday uh and no one else is ever
going to know uh and Friday has a heart
attack and Robinson Crusoe would have to
desecrate Chavez whatever the case would
be strictly speaking not so it is indeed
a difficult difficult ethical problem
and uh both Rafalic and Rabiak of
Weinberg the day who was um a bit of an
earlier god uh they both considered this
to be uh virtually the most difficult
ethical in the in the but nevertheless
as I say it is important to know that
practically we will violate chabas in a
hospital setting or whatever to save a
nonju by the way interesting I'll leave
you again I'm digressing a a little bit
but I'll leave you with one other
interesting mlo we shown him. Let's say
you have
a that is in a state of sakana and the
doctors say he must eat meat. Meat will
somehow keep him keep him going and it's
shabas and you have a choice. you can
give him
cooked trafe
meat in which case you won't have to uh
violate the shabas or you would have if
the only kosher meat you would either
have to she let's say you don't or the
other I mean let's assume that you
already have trace meat whether it's
cooked or not so you're going to cook it
the kosher meat you're going to have to
she so even though both both in both
cases you're going to cook but if I give
them kosher meat I'm going to have to do
an extra mala of shita
for is it better to
a co kosher animal on shabas or to
feed the the trafe meat that's already
sheeded maybe already cooked even and
the like. So although one would have
argued that it's better to give him
trafe because trafe is a lower level
prohibition than chabas and if you could
help him with a lower level prohibition
better to do that than a higher level
prohibition like shabas but hakically
it's not that way we actually on shabas
rather than give him tra meat and
there's a whole discussion why one of
the reasons the raan says is it's a
question of quantity of sin versus
quality of sin and that is qualitative
atively the desecration of shabas is
worse than eating trafee but with trafe
every mouthful is a separate sin mashen
the slaughtering of the animal is one a
how about cooking
well our assumption is you're going to
cook the tra that was my hypo
hypothetical meaning you're going to
cook it anyway cook in either case
you're going to cook in either case so
the question is the extra thing is going
to be the shita so under those
circumstances uh we actually asking that
uh quantity of sin overrides quality of
sin. Therefore, better to do one act of
Shabbat of Shikita than to create
multiple aos with every mouthful of the
trauma
[Music]
is one process. To get close to me, you
have to drain the blood. You have to
casure it. You have to salt it and
everything. So by the time the
check has meat
available no of course you know
again the these are hypothetical
questions. I mean obvious obviously if
the delay in preparing the kosher meat
is going to be any type of compromise of
his health then of course you go
straight to the trape assumption again
we're making hypothetical assumptions
that the time factor wouldn't wouldn't
come in but yeah you have a good point
yeah yeah one sec
yeah actually started and these
questions arose having to deal with a
guy you know being called
to take care of and what we do with the
ambulance to return it through it. Yeah.
Yeah. And he said you do everything
because it's a it's co before you have
to return it so that God forbid the next
one comes. So you have in other words
you can't look at the thing specifically
hypothetically put it into a board
picture and it incases many more. Yeah
that that's that's very true. This is a
very very interesting uh complicated
area and that is let's say hatsah right
there's no question they can certainly
go out to save lives question is can
they bring the ambulance back can they
even go home and the like and rashman
has a very very famous response in which
he actually permits even the return trip
not only of the ambulance which may be
needed for other missions but even of
the individual people on the arguments
based on a gamorra
that if people will not be able to
return, they may be at least
psychologically a little reluctant to
volunteer and to go out. And this is a
principle that the Mishna
calls they permit the end in order to
facilitate the beginning. Uh that's a
little controversial. Mosha function was
not necessarily
uh absolutely supportive of it but but
so Pascin and again different hotel
workers have different practices but the
ambulance itself does have to return
that's for sure that has to be returned
to the main uh place or wherever they
keep it because it'll it has to be
necessary for potential further missions
even though even though you don't know
but there's a possibility it will be
needed needed again. Okay. So, this is
our starting point, right? Our starting
point is obvious. I'm sorry. Did I
question? Yeah. A few years ago, I got a
call. I got a knock on the door. Can I
have the keys to the car? Yeah. My
friend's son is in the army, a truck
overturned on him. And I I was told
after I gave her the keys. They told me
later that Pikuak because she would be
able to help him, she was allowed to go.
And this is probably very pertinent to a
parent or a relative today who gets a
call. What did they do? So anyway, I
gave you the then they told me it did
the right thing. Yeah. Uh okay. You
know, again, these are very
individualized cases. What you might
call psychological help, meaning uh
someone, God forbid, is in a u life
endangerment situation.
Uh you and they're in a hospital,
they're being taken care of medically,
but if they would see you, you would
visit them. that could pick up their
their their spirits. Uh so that's a very
very difficult shila whether the
psychological dimension of having a
parent there or a loved one there uh
does that qualify as beak. Now I will
tell you I mean um as a very common
example of this is when a woman goes
into labor and uh child birth is
considered to be neesh and of course uh
we violate the shabas and the yum
kipper. we try to get a non-Jewish
driver, but but if indeed uh you can't
get a non-Jewish driver or we take too
long uh the husband or anyone uh a
Jewish person drives to the hospital,
although it's kind of a nightmare. Where
do you park the car? Where do you stop
the car? It's extremely complicated, but
in terms of getting her to the hospital
for sure. So the question would be can
an extra person come along like a
husband if he's not the driver or the
like. And often we we say that the
accompanyment of of that extra person is
part of the nephesh process because it
alleviates tension. It calms a person
down and we recognize that
that's in fact it's all interesting
thing. I mean let's imagine this.
Someone is neesh and they're watching
television in the hospital and they ask
you to change the
channel you know or turn on turn on the
TV.
Well, is that it's not chabas? Let's say
uh is that pico? I'll get a nurse to do
that for you. See if I can find. Yeah,
but the truth is Salvik was madak from
the Rambam that once a person is in a
state of
sana. you do whatever makes him more
comfortable even if it's not
directly you know medically contributing
to the getting him out of the danger
because you never know a person in a
more relaxed state uh is you know going
to recover better than someone not in
that state so now of course you get a
non-Jewish nurse if you can that that's
always going to be the case but if push
came to shove and you were the only
person according to Rafaim's
understanding of the Rambam you can
actually turn on the television or turn
on the stereo or turn on the music for a
person that is a
I'm sorry I didn't hear you. Back to the
issues on the road. Yeah. Late on a
Friday. Yeah. On the other side of the
ocean, not here. Car disabled on a major
artery blocking all the traffic.
Well, I I will tell you I will tell you
uh in many many cases that is
uh mamesh that a car is going by high
speed. It's not just a question you're
you're causing t for other people. I
mean the problem is going to be these
cars whiz by and you know they'll just
smash into you. But if the traffic's
already stopped, well I would just wait
for the the police will be there
shortly. Uh
Well, so so so what what what are the
alternatives here? I mean, uh
I don't know. I mean, you can wait. You
can wait for the police and tell the
police I if it's already dark, I can't
drive and they'll they'll take the car
to the side or something like that and
then you're stuck and then you might be
stuck. But maybe, you know, uh I know
that for the men, we have the the
strings or the straps. Uh I don't know
how how the woman would show. maybe the
shaitato, I don't know. Um, whatever it
would be, but hope you could ask the
police to drive you into the community
that that you'd be allowed to to to have
them do. And hope hopefully hopefully
they'll accommodate. I I hope. Yeah. Um,
I was a a doula, you know, birth coach
for many many years and
Ravoitz said to me, I asked him about
getting back after I'd been in the
hospital with the woman, right? And he
said, "If you go with the staff in their
car anyway, they're going around, but
you cannot have him stop for you. You
can only get out in the closest place
that one of them is the the drivers were
Jewish or not Jewish."
Uh, in your situation, what I can't
remember. Yeah. I mean, okay. It would
depend. If it's a non-Jewish situation,
you could go home. And uh
again, you could you could be dropped
off at your house. I mean that that's
what he says. Okay. Yeah.
If you're not physically dead, are you
allowed to do anything brain dead? Okay.
This is really take takes us far far a
field. Uh the question is uh the den
that were mal shabas
uh for a person does that apply uh even
if a person is brain dead. Now now again
this this itself requires a whole
definition because brain dead is not the
same as coma. Now if a person's in a
coma what's called a persistent
vegetative state uh even if it seems
like he'll never come out of the coma
you are 100% uh you violate chabas for
that person. Uh now brain dead is beyond
that. Brain dead is already a diagnosis
that the brain stem is not functioning
and according to some hahic opinions a
brain dead person is halically dead. A
comeosse person is not uh but a brain
dead person might be hakically dead and
th those are the opinions that permit
organ removal from brain dead people.
However, since many postm do say the
person's alive. So at a minimum we would
treat a brain deadad person as a safk if
he's alive or or dead and as a result uh
we would violate shabas because of the
safet. Now uh if you ask if you would
have asked Rabbi
Tendler Mosha David Tendler if you could
be Mal Shabas for a brain dead person I
assume he would answer no because his
position was his position was that a
brain dead person is 100% dead and if
that is the case you cannot violate the
shabas for the dead only for the living
but most postkim treat it at least as a
safk and therefore you'd have to
desecrate
But again, I have to emphasize I mean I
this really deserves a whole other share
on its own. Uh do not under any
circumstances confuse the term brain
dead with coma. We of people often
describe uh patients in comas as being
brain dead. That is not the case. A
person in a coma uh may lack
consciousness and higher mental
functioning but the brain stem is
intact. Like people in comas can often
breathe without respirators. They are
able to breathe and and digest and their
systems are working even though they
lack mental consciousness. A person in a
coma is 1,000% huckically alive. And to
remove an organ from a person in a coma,
which some medical ethicists have
proposed, by the way, uh is an act of
murder. And actually under the present
state of secular law, even under secular
law, it's an act of murder. and kalr
under halaka but brain death is beyond
that brain death is a neurological
determination that even the brain stem
is not working there's no capacity of
respiration and the breathing is only
done by the machine uh so that is a big
maklo and that's the major maklocus
about organ donation u those because
organ donation is predicated on brain
death but because of the respirator the
heart is getting oxygen the heart
continues to beat and then you can
therefore you could remove it. So those
who say brain death is death will
consider organ donation a
mitzvah. Those who consider brain death
not death consider organ donation
murder. So it's either the biggest of a
or it's the biggest mitzvah because the
whole organ donation industry depends on
accepting brain death as your definition
of death. uh as it is in the United
States, as it is under the uh law of
Israel as well. For many years, although
the Rabanut goes back and forth, but all
the way back in the 1980s, the Rabanut
did allow Hadasa Hospital to do uh heart
transplants based on the
um acceptance of brain death criteria.
But you know, the Rabut changes a lot.
The Rabut goes from to noted whatever it
is. So I I think the later Rabuts
withdrew uh their authorization, but I
don't know if Hadasa cares or Hadasa is
even bound by by that. So I I honestly
don't know. Um my impression is people
who need heart transplants tend to go to
kutzlars. I'm not sure if they do heart
transplants uh in Israel. There wouldn't
be enough of a supply anyway because
people aren't people aren't giving. Uh
but uh this is the issue. So, but if
it's a
sock, okay, so this is all the general
rule. Uh, so I'm about where I wanted to
start. Uh, and we now have the, uh,
three exceptions. There are three
exceptions where a Jew must give his
life or her life before they transgress.
This is called uh yehareg
vaor to be killed and to not transgress.
And these are the famous big three
uh what is called idol worship.
Giloarayos
uh sexual immorality. Again we we'll
define that.
Andim to murder an innocent person to
save your life you must give your life
before you become a murderer of the
innocent. Now these are the big three
that under all and every condition a
person must give his life. Now let's go
over a few of these parameters. A vot
now a vodor is obviously right obviously
that's going to be the one that
Earit Hashmad is going to be focusing on
and the Rambam is first going to talk
about this generally and then probably
next week we'll talk about how he
applied it to Egarit but a is going to
be the focus here his profession of
belief in Muhammad are going to be aar
but but the Rambam first addresses it
generally first of all what's the source
of the big three uh so each one has its
Mor uh the source that a Jew must give
his life before he rejects God by a
vodor is derived from
the you shall love
Hashem with all of your
heart with all of your
soul with all of your might or all of
your money, all of your possessions. But
focus on the on the middle one. You
shall love Hashem with all of your
soul that your love of God must be so
great that if you're called upon to
repudiate the almighty your love of God
says I will give my life before I will
do that. That's the makuru who
know if you remember this is exactly
what Rabi Aka declared as he was being
tortured uh to death with iron hooks or
iron combs flailing his flesh
uh and uh his toidim said to him how
could this be the reward of such a man
who who served Hashem as you served
Hashem and Rebi Aka said all of my life
I was waiting to fulfill the verse of
giving your life for Hashem and now I
have the chance to fulfill giving my
life
for so that's the source for a desor now
the source for Gilarayos is a bit more
indirect the Tyra in
paraset talks about a betrothed woman a
woman who's married Naraasa she is
married and she's raped. She's attacked
by somebody. And it makes an interesting
distinction between her being in a city
where there are people around and her
being in in an isolated area. Uh if
she's in a city, again, this depends on
the facts. This is not an ironclad rule.
And theoretically, she could have called
for assistance and she did not, she is
equally guilty with the guy because she
could have gotten out of it. Again, this
is very fact dependent. If on the other
hand, she's in an isolated area. So,
this is against her will. So, the Torah
says the rapist certainly gets the death
penalty if there was witnesses and the
like.
But to the young woman, you shall not do
anything. And it says the following.
Because just as when somebody's the
victim of a
murder, it's not their fault they're
being
victimized.
Had she is like a victim of a murder,
right? This rapist is not murdering her
but is doing the equivalent of that and
therefore she is exempt from a
punishment. So it is comparing the the
rape to a murder. Now it's doing so in a
different context. It's not talking
about martyrdom. It's talking about uh
why the victim doesn't get punished. But
kazal use it as a more general rule. And
that is just like in the case of murder.
It's clear you're not allowed to murder
to save your life. As we'll see who had
forgos, you're not allowed to do gileas
to save your life. In other words, the
source of yehare al yavore with gilo
arayas is because it's compared to
murder. So we have a source for a we
have a source for giloy arayos. So
finally we need the source for murder.
Where do we learn you can't murder to
save your life? So here we no longer
have a puk or
adrasha. Here we have logic and the
logic is my who says your blood is any
redder meaning like this I can violate
Shabbat to save a life because saving a
life is more important than chabas
that's the hierarchy I can violate
kasheras to save a life because saving a
life is more important than kashas I can
violate jump kipper to save a life
because saving life is more important
than jump kipper But how can you
possibly argue I can murder to save a
life? Well, you're taking a life. So,
who says your life is more important
than somebody else's life? Now, what if
I'm pretty sure it
is? Meaning meaning what if somebody
says to me kill that derelic drug
addict or I'll kill you or your family.
Now the is very clear. I cannot kill
that drug addict because of the
sor of
my but wait a second. I don't know. I
mean can't I make an assumption or what
what what if you know uh someone says
kill that bum or I'm going to kill
the
sadicore. Again, as difficult as it may
be in terms of absolute pure logic, hala
does not allow you to
rank whose life is more important. Even
though you have a pretty good educated
guess, but you actually never know. You
never know. You never know. Person has
killed somebody like a terrorist. What
happened? No. No. Okay. Okay. So, so
obviously here's the thing. The that's
why I kept on saying that the principle
is you don't kill an innocent person to
save your life or to save other people's
lives. Even if someone says kill this
innocent kill this person or I'm going
to wipe out your family.
Horrendous horrendous horrendous. You
can't you can't you can't do it. Now
you cannot say well well okay I'll get
to that. I mean that you can't save your
family by killing by killing somebody
that that now here's the thing. There
are cases where this doesn't apply and
that's the law of
rodeave. Rodeave is uh you're allowed to
kill the one that poses the threat. So
if a terrorist goes over to you and
says, "Kill that Jew or I'll wipe out
your
family," you are certainly allowed and
even commanded to kill the terrorist if
you can. Except he's got the knife for
you. Yeah. But to kill innocent people
to
save even other innocent people, you're
not allowed because of the of my now the
Gomorrah applies this even in numbers.
Uh this is the famous case in which uh a
non-Jewish army in fact this happened in
the Holocaust quite quite a lot
surrounds a Jewish city and says give us
a Jew to kill or we will wipe out the
whole city. Now here you might think
well if I give them a Jew they're
killing one person. Uh if I don't give
them the Jew they're going to kill the
whole city. You say they'll stop with
one. Well, you never know. Okay. But so
the is the whole city gets killed. You
don't deliver. Now there's a
fascinating what if they ask for a
specific person. Meaning they don't just
say give us a Jew because we want to
make some. They say give us a
Goldberg. Now this is a big mlo
according to one opinion in the US. If
they ask for a specific person, that
person becomes like an involuntary
rodeave. He is the source of endangering
the whole community. Even though it's
not his intention and as a result, you
do deliver him. Uh the Rambam actually
Poskins under those circumstances you
still don't deliver him and the whole
city gets gets destroyed.
uh that is is like the Rambam that you
do not uh deliver the person uh unless
the person is guilty of of an actual
crime meaning if the person was guilty
of a crime you are allowed to deliver
him uh but if he's an innocent person uh
even if he is specifically uh requested
uh you don't do that and then we get
into all sorts of questions um um again
this is a fascinating issue and I'll
probably have to maybe elaborate it next
week. Uh but the issue would be uh
shooting down a suicide plane. Let's
let's see how you would analyze this. Uh
911 or whatever, right? So you have an
airplane that is commandeered by
terrorists that is going towards the
Pentagon or going towards the World
Trade Center. Now it's a diver pushet
maote that if the only people on the
plane were terrorists, of course you can
shoot down the plane and kill the
terrorists. The terrorists are rofim
1,00%. No problem. But here's the
problem. I have 250 innocent or whatever
people on the plane. So if I now if if I
don't allow the plane I'm sorry, if I
don't shoot down the plane, let's say
5,000 people are likely to die. If I
shoot down the plane, I'm killing 250,
but I'm saving 5,000. Am I allowed to
kill the 250 in order to save the 5,000?
So, the truth of the matter is, uh, you
normally would not be allowed to, but
here there's an additional leniency, and
that is the 250 are going to die as part
of the 5,000. Meaning, you couldn't kill
250 who would otherwise live in order to
save the 5,000. That's for sure. So that
that example will be the this is a whole
branch of moral philosophy called
trolley problems because uh trolley
problem because it was formulated by um
a a British a Cambridge professor of
philosophy Dr. Philippa Foot who I think
was the daughter or granddaughter of
President Grover Cleveland. Uh Grover
Cleveland had a distinction
that lasted until the last election. and
he was the only the only US president
who was elected to two non-consecutive
terms and that record stood until Trump
Trump is now the the second person uh
who did that. So apparently either his
daughter or her granddaughter, I don't
remember which one, uh she immigrated to
England. She became a very
distinguished professor of philosophy,
married a guy whose name was Foots. I
don't know what he what he did. And her
uh her field was moral philosophy and
she explored the idea of saving some
lives at the expense of others. So her
trolley situation is I'm a driver of a
train of a tram of a trolley and the
brakes fail and if I do nothing the
trolley is going to keep on going and
there are 10 children playing on the
track. I'm not going to be able to stop
the trolley but I can turn it onto a
side track. But on the side track
there's a worker who fell asleep
on the track because it's an abandoned
track. Kind of a stupid worker but but
huh. Well again in the world of moral
philosophy you know we just make
assumptions you know we don't tell you
know uh these are you know they say
kashan misa so uh according to at least
and she goes through utilitarianism and
the like but according to you would not
be allowed to swerve the train
in order to hit the one guy because
essentially what you would be doing is
you would be killing an an innocent guy
in order to save five that you're not
allowed to do. Uh Masha Masha Kane in
the suicide plane. It's a different
dynamic there. Even though you're
killing 250 to save the 5,000, but the
250 are going to die anyway. It's
different than the trolley case where
the guy would live. Now, Lisa the
Kazones actually did permit you to
swerve because his argument was this is
not an act of murder. This is an act of
rescue. Uh and the murder is only a
collateral consequence
because I'm not saving the kids because
I'm killing the guy. I'm saving the kids
because I got it off the track. Meaning,
if this guy wouldn't be on the track, it
would be just as good. It's not like the
goyam saying kill or we will wipe out
the city. I'm doing a mis of you see. So
that's a very
fascinating but the mainstream analysis
is you
who was was a good Jew. Yeah. Yeah.
Yes. He should be Yes. Yes. Yes. The
assumption is he he asked him before she
killed No. No. The assumption is he's
Jewish. Yeah. Yeah. That's that's the
assumption. uh if he wouldn't be Jewish,
although that's not politically correct,
the actually says this is actually one
of the most politically incorrect there
is that although you're not allowed to
kill a non-Jew generally, but he says
you are allowed to kill a non-Jew in
order to save the life of a Jew. So
according to
the we would be allowed to turn on the
track.
Say again. What forcing is requested by
the enemy to save poor? So you're not
allowed to give up a person. What if a
person volunteers? Is that Yes. Yeah. So
we're going to talk about that. Is there
such a thing as voluntary martyrdom?
Meaning we don't deliver a person to be
killed in order to save other people's
lives. Can a person volunteer to do so?
Uh think about for example the that or
even not who jumps on a grenade to
prevent other people from being killed.
Uh we we we'll we'll talk about this
next week because this that's a whole
subject of the notion of even if says
you don't have to give you shouldn't
give your life are you allowed to
voluntarily give your life.
But on the other hand, um uh if you have
a bottle of water, one bottle of water
in the desert and um there's two people
and only one, you know, it won't be
enough for both of them, then you throw
them in.
Yeah.
I don't know if that's the same thing or
not the same thing. Well, well, says you
you are you are killing the other guy,
but passively. Yeah. But but that but
but that that that exactly is the
difference. In other words, there is a
difference between keeping for yourself
the instrumentality of of rescue versus
affirmatively killing. That's exact
exactly the point. We're going to talk
more about this uh again because what's
interesting is although just to keep it
on focus here the Rambam's focus is
going to be on the avodor prong of
vyavore in modern life most of the time
the main questions are on the prong in
which when can lives be sacrificed to
save other other lives. uh even in a lot
of rescue miss missions where you know
um you intervene to save lives that'll
often be at the expense of of other
lives. So even though it's not directly
what the Rambam is emphasizing in the
eggeras I think the questions are
important enough that that we we will
talk about that as as well as as well as
continuing the avoid discussion which is
the Rambam's primary focus. We also want
to talk a little bit about the Gilarayas
thing uh even though that's not doesn't
come up in this eigaret but just to go
through the big the big three now with
the Rambam is gonna yeah
question living in a town louder please
I'm living in a town near it's pram is
starting pram yeah and they're killing
Jews and someone comes into my house and
looks at me and I tell them I'm not
Jewish
I'm a Christian. I believe in Jesus.
Is that Yeah. Or is that smart? Okay.
Well, well, okay. Very good. Uh that
that is actually that is actually going
to be the major thesis of the Rambam's
eeris tan where the Rambam takes the
position that it's smart. Uh there are
going to be balatsos who take the
position that it's forbidden. So we're
going to see that's going to be a huge
huge mlo. Can I say I'm a Christian in
order to save my life or is that treated
as a profession of idolatry and be
forbidden? That is exactly the main
eventual point of of the
Rambam's but we we will uh we will talk
about that. Okay. Um I I did get a
message I guess I did I guess it didn't
start this week that classes from that
one are going to be uh that starts next
week. That would make sense.
Okay. Permanently after that.
Permanently. Yeah. Yeah. That's what I'm
saying. Yeah. Yeah. Yeah. Okay.