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Rambam’s Letters (Pt V) | Rabbi Yitzchak Breitowitz
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I hope you're well. Um I was given a
request although I myself do not mind uh
questions during the year but a number
of people requested that maybe we could
uh hold off uh questions until after the
class or towards the end of the class uh
and the
Yeah. Yeah. I was just saying that
although I myself personally have no
objection to questions during the class
uh but a number of people did request
uh that uh you hold off questions till
maybe towards the end of the class
because it breaks up uh the continuity
again I uh just to clear my own name
it's not my the objection is not coming
from me it's coming from uh members of
the class I I I actually don't like to
shut off questions but sometimes s
people feel that it uh interrupts the
the
continuity of of of things. Uh we are
still uh looking is okay the mic is
working right. We are still yeah we are
still looking at
Mideshm and uh the Rambam now goes into
the aspect and uh here is the thing the
Rambam first develops a certain
definition of what is kush hashem what
is the sanctification of god's name and
what is the opposite what is kul hashem
what is the desecration of god's name
because there actually is a positive
commandment in the Torah to sanctify
God's
name is and there is a negative
commandment to desecrate God's
name as shame. So one of the two of the
613 mitzvos is the
mitzvah of
koshashem and the
mitzvat of hashem. The problem is that
kdeshm and hashem are not necessarily
clearly defined terms. It's not like a
mitzvah to put on or a mitzvah to not do
on chabas. So they have to be given a
content. They have to be given a
definition. So the Rambam first says
that there is a general standard of
keshashem
and the Rambam breaks it down into two.
Actually he talks about in this sense
there is the idea which is the familiar
idea that when you behave in a way that
brings Judaism or Torah or God into
disrepute by virtue of your behavior.
Right? This is the common definition
actually. This is what we
call even if there is no technical
violation of meaning even if you're not
transgressing anything else. If your
behavior brings Torah into disgrace or
disrepute, that is called to give you a
contemporary
example or actually Pascin that you're
not supposed to form minanim on
airplanes if that's going to block the
aisle or block people's access to either
the bathroom or the storees from
delivering food, you know, whatever it
would be because that would be a
paradigm of Hashem. People are going to
say, "Oh, that's what religious Jews do.
You know, they don't care about people
and the like." Um, I don't want to get
too political, but many people think the
huffka that are we we're always having
here, blocking traffic and the like uh
to protest government action might fall
under the category of kilashem throwing
stones at uh not not religious Jews or
throwing even bags of excrement at women
at the wall. Uh many consider that to be
kulashem. So that's a general idea of
kulashem. Don't do things that cause a
disgrace on the part of Torah. Now, the
Ramba makes the point that interestingly
enough, the greater you are, the more
you are, the higher the standard is
going to be. So, if a an eighth grader
pushes somebody out of line or is
rude, that maybe that's not aem because
kids are kids or maybe it's a small of.
But if you had a great
rasha speak rudely to people that's a
much
bigger. So somebody so the once uh
criticized the talmet for doing things
that
are so the tom says you know rabbi I'm
nobody I'm nobody important. So what I
do does not reflect on Judaism. So said
it's a mitzvah to be humble but when it
comes to and you have to be a bala you
have to look at yourself as like the
greatest rabbi in the world and behave
accordingly because the truth of the
matter is uh we are judged as
representatives I mean certainly um I
mean I think often of the yeshiva
student that comes to a small comes home
to a small community where where there
aren't that many Orthodox Jews Now he
may not be any big but he will certainly
be considered to be the standard bearer
of what is and as a result every single
action will be scrutinized for its ore.
So in short the basic definition which I
think most of us already kind of worked
with
is when people look at you and say if
this is the way a Torah Jew lives that's
a good and wonderful
thing is when people look at you and say
if this is what a Torah Jew does that is
a despicable thing which means according
to that definition which is our basic
definition there always has to be an
observer meaning and keshm is a function
of people Jews or non-Jews and actually
visav Jews is even bigger Jews or
non-Jews in other words has to be an
observer meaning what you're doing
privately one would assume does not
enter into the definition of andem but
then somewhat surprisingly the Rambam
says there is a concept of kdesem and
even in private you're doing stuff
nobody even knows knows what you're
doing. But the Rambam says if a person
commits a veros with an attitude of
indifference, I just don't
care. Meaning you can do an aa because
the atahara grabs you. You just have
this unbelievable hunger for a ham
sandwich. Okay, it's not justifiable,
but okay, you gave into your tya. That's
one thing. But if you do an aa simply
because I don't really care. So the
Rambam actually calls that a desecration
of God's name. It's very interesting.
Totally private. Not because other
people saw you and not because other
people will judge you in a in a ne or
judge Torah in a negative way but simply
because the attitude of indifference
towards God's
will in itself is a hashem. That's a
very interesting notion of private. So
we have public kilashem we have private
kilashem but then we have a third
category and the ram interestingly
enough and there's not a clear mccor in
the gammorra and that is whenever there
is a duty to give your life for
god when you give your life for hashem
that is called
kosh when you don't give your life when
you should have done so that is called
now again it's very very important to
understand And the
following
and do not define when you must give
your life. Meaning when you must give
your life is defined by other rules,
other in other words and do not give you
any definition of when there's a duty of
martyrdom. But the Rambam learns once we
know there is a duty of martyrdom that
will become
subsumed under the definition of
keshashem and a person who does not give
his life when there's a duty of
martyrdom that is called a kilulashem.
And if that was done privately that is
aem that is private. If it is done
publicly, we'll define what publicly
means. Uh that is a hashem public. Okay.
So that's an interesting point. So in a
sense, we have three categories of
Hashem. We have general behavior that
brings Judaism into
disrepute. We have uh even private
behavior that represents an indifference
to the service of God. And then we have
uh martyrdom. When there is when there
is a duty of martyrdom then uh when you
if you're if you do give your life that
is
kushem when you fail to give your life
when there's a duty of martyrdom there
is and the raam brings
many that talk about the great olabah
for those who die alashm. Now there is a
very very interesting question about
this notion of dying aldeshm
uh you know we often say about the
people who were killed in the holocaust
uh that they died al kidush hashem or we
say
aboutim that they died al- kidush hashem
uh let's take the holocaust first it
actually is a little bit of a difficult
issue because what is the sanctification
of god's name when you give your life.
It seems to presuppose a certain element
of of choice or volition. Meaning the
crusades they go over to me and say uh
become Christian or I will kill you. And
a person declares my commitment to God
is so great that I will die before I
renounce God and his Torah. So that is
called sanctification of God's name
because you're placing your allegiance
to God even above your life and that is
stating how important that is. But
that's because you had the choice. You
could have become Christian or professed
Christianity and you didn't. Now in the
case of the Holocaust, what's
interesting is there was not that
element of choice. Meaning Hitler didn't
say you know become Christian and you
will be saved and if not I will kill
you. In fact there were Jews who
converted to Christianity for you know
various reasons and they died in Ashvitz
as well. In fact there was a woman Edith
Stein who was actually a saint in the
Roman Catholic Church who was a Jewish
woman who became a Carmelite nun and she
died. Now the the part of how the church
canonized her was she was treated as a
martyr to her faith. It's hard to know
why she's a martyr to her faith. Uh she
didn't die because she was a Christian.
She died because she was a Jew. Uh but
the question becomes this again. Maybe
it's a painful question to raise. How is
it
keshm if a person is going to be killed
no matter what they profess uh when
there was no choice that could have
gotten them out of the of the situation.
So some say well uh even if you don't
have choice there can be
keshashem in the nobility by which you
choose to die. Uh Resler Revelo Destler
the great
Melio who came from Kellum which was a
city on the Lithuanian German uh border
and before World War II he had already
moved to England and after the war
eventually to Erit Israel but his whole
family was wiped out in Kellum. Kellum
was a small town but it was a great
great city of Muser and a famous famous
famous school of Muser uh run by Rafima
Zisil Brady and then his sons and
sons-in-law uh he's called the altar of
Kellum the old man of Kellum etc. He was
probably Ravis Salanter's dominant
talmet. And uh Rev Destler lost his
whole family in the massacre of Kellum
which was just one of many many
massacres and uh there was a survivor an
eyewitness and Rev Destler spent hours
and hours trying to reconstruct from the
eyewitness exactly what happened. And he
described the massacre of Kellum uh in
his writings and he talks about the idea
that before the Nazis were going to
round people up uh the Roshiva Rabdil
Vashitz
uh spoke to his talid and says we're
about to die al to serve God it's
important that we're like a corban that
we don't allow any foreign thought to us
and there was a calmness and a reverence
and a preparation for
death and that it says says, "The Nazi
murderers were themselves a little
discombobulated. They had never seen
human
beings approaching death with such inner
serenity and calmness. They were used to
people screaming, crying. That was part
of the regiment. They wanted people to
be humiliated and just beg and and then
they could shoot them. And these were
not beggars at all. They were just
preparing to meet God. And it mentions
that when the person when the Nazi was
given the order to shoot
He turned to his superior officer and
said, "You know, these people are not
people. These are not humans. They're
angels. Maybe we can just forget about
them." It was an amazing thing that the
Nazi himself was seized with a pad and a
moa. Of course, his superior conquered
that. And of course, they were a machine
gun. They were massacred. Butler writes
that that's also an aspect of
koshim. the way you meet your fate,
accepting God's will without complaint,
accepting God's will with serenity and
calmness. Now again, that still doesn't
explain every holocaust scenario. So
there actually is a reference in
eerashem as a very side reference where
some interpret the language is
ambiguous. I have to be honest that the
Rambam also maintains in addition to the
kinesem and that we've already talked
about anyone who is killed because he is
a Jewish
person is
keshm meaning the fact that you were
singled out because you're Jewish. Oh,
obviously if uh a Jewish person gets
killed in an automobile
accident, that would not be called dying
al-Qashem. Person just died. Okay. Uh
but if a person is killed because
they're Jewish, which of course was the
Holocaust. And one could actually say
it's the same thing
with I mean there are non-Jewish
soldiers in the army, but by and large
the wars against
the state of Israel are wars against the
Jews. So that's a very interesting
definition because according to that it
makes no difference religious
non-religious it makes no difference
choice or not choice the very fact that
somebody was killed because they are
Jewish or were Jewish in itself may
constitute a keshm which is an
interesting point about the holocaust
that which is why we say they they are
considered to be martyrs ales but as I
say um the the underlying logic lo of
that is not is not as clear as one would
hope and the Rambam's language is also
not as clear as one would hope but this
is I'm sure you probably have heard this
this is actually a
common paraphrase of the Rambam's view
that he who dies because they're Jewish
died alashm now I will say this uh in
the case of a there may be something
better than a Holocaust survivor and I
don't mean a survivor and a holocaust
victim because the actively
is giving his life to help the Jewish
people in Eric. No, that that is not
just he got killed because he's a Jew.
He got killed in the course of being
Moser nephesh for Ami Israel. There I
think you actually do have a stronger
strong case that that is
called Hashem because of that devotion
to to Ami Israel. Um I've mentioned
before forgive me for repeating that
Orbach uh who lived in Shahed but his
yeshiva Ktora is in Bayan. So he once
encountered one of his toidim who was
going up to Tvat to Davin by the kra
sadikim the kev of the Arizal rabio karo
you know all the if you ever been to the
great ancient cemetery ofat all sorts of
great great great people are in that
cemetery and he wanted to davin by their
kev and it's right next to me is right
across the
valley and said to him why do you have
to shle step all the way to Davin by the
grave of Sadikim. Uh we're right in
Bayan. We can go to Harzel. We can go to
when it says when I need to dab in by
the grave of Sadikim, I just go to the
military cemetery on Mount Herzel and I
dab in by the Kev of who gave his life
alashm for Israel and those are
considered to be sadikim that one can
dav by again of course you're not
praying to the but whatever the union of
isman said it
is now there are two versions to the
story. I can't be ma version one is even
if the was not a shabas version two
shabas okay as I say I I don't know
which story uh was accurate but still
the idea that was nephashem
u in a way is even more plausible than
holocaust survivor meaning the holocaust
survivor you have the issue that they
were victims they didn't have choice the
kayal you know is affirmatively
making decisions uh for the benefit of
the of the of the Jewish people. So uh
this is again a little bit of of of
controversy. Of course um this reminds
me a little bit of a very famous remark
attributed not attributed that Salvatri
said Yoseph Dovetric said he was asked
about uh the significance of the Israeli
flag.
you know some shors even init they
actually like to have an Israeli flag a
U United States flag let's say in
America and an Israeli flag so first of
all had a little bit of an ambivalent
attitude he actually did not like uh
what you might call ceremonies that were
outside of the framework of he didn't
like uh flags he didn't like um anything
that was not part of the ms so he was
not uh excited about the flag but he did
Today there was something very
significant in the Israeli flag in the
following way. Uh we know that when a
person dies we do a tahara we wash the
body and that includes washing off
blood. Let me just put this back
on. Uh, you know, cleaning the body. But
it's brought down that if a person died
alkashem, a person, let's say was killed
by a terrorist or or whatever, we
actually keep the bloody clothes on him.
We keep and even though we put on we put
on top
of the bloody clothes so that those
bloody clothes of
martyrdom should kind of be seen by
Hashem and it'll be a source of divine
memory and eventual retribution
uh for the murders of people who died
because they were Jewish. Sovietic said
if the bloody clothes of the martyr are
said to be a memory whatever that means
exactly a memory to God of the evil that
was
perpetrated then the flag of the state
of Israel is a reminder so to speak of
all of the Jewish blood that has been
shed and therefore it does have a
certain spiritual significance because
it recounts s to Hashem. Again, whatever
that means exactly, but it is a symbolic
recounting
to of the
sacrifices of the Jewish people. Now,
again, we're actually living through
this, you know, since um October 7,
2023. And now a new a new offensive, a
new aggressive offensive in Gaza. Uh
are, you know, people are dying,
hostages are still at risk. So uh we
hope that Hashem will look at the
Israeli flag as Rafelik said and see uh
the deaths of the Jewish people and uh
their sacrifices and may it be a source
of source of rah. But as I say the of
the Rambam that martyrdom gets folded
intoem and failure to give your life
is actually aish because once again I
want to
emphasize itself does not create the
duty of martyrdom because after all for
shabases will override that does not
create the duty of martyrdom but once we
define that duty by other sources it'll
be folded into the definition
of okay. So when is there a duty of
martyrdom? So as we said last week and
as you know generally there are only
three aos for which a person must give
his life before he succumbs. Uh we call
them the big three or the
gimluros, right? Gimlamuros,
shalos and they
are they are
idolatry umos
uh sexual
immorality
andim and murder of the innocent as
opposed to the rode which of course you
can kill but killing an innocent
person to save a life uh is not going to
be permitted. And
for
Shabaser, the
isore
transgress and do not allow yourself to
be killed. But for the giml, the claw
is
vial. You must
must give up your life rather than
transgress. And once again the Rambam
says, "And if you give up your life, you
are mad
ate." Right? This is where he folds it
in. If you lack the courage to give up
your life, you are
a hashem. Now the Rambam then goes
further. Uh there are a few points about
this.
So for everything
else transgress for
nephesh for the big three you must give
your
life. Now what if a
person is so committed to the
mitzvot that he wants to give his life
before he transgresses anything. Let's
assume that someone goes over to him and
says violate shabas or I'll kill you.
Now the is you violate chabas. But what
if he loves the Torah so much that he
wants to die even for other
transgressions? He would rather die than
violate chabas. He would rather die than
eat. Is there a concept of
voluntary martyrdom when the Tyra does
not obligate you to give your life? So
the shittas is very interesting. The
Rambam categorically rejects voluntary
martyrdom. When the Tyra does not
obligate you to give up your life, you
are not allowed to give up your life.
And if you give up your life, when the
Tyra does not obligate you, you are a
suicide who has committed a very very
grave sin. So according to the Rambam,
there's never a middle way. There is
either an obligation to give up your
life for the big three and other things
I'll talk about in a few moments or
there is a prohibition to give up your
life for everything else. So the Rambam
rejects what we might call
voluntary martyrdom. However, I I have
to say that the overall context of
Jewish
history actually rejects this ruling of
the Rambam. And indeed, we have
countless countless cases of people who
did indeed give their life rather than
transgress uh the Torah even when they
were not obligated to do so. So, this
issue about voluntary martyrdom uh is
interesting. Now I want to point out uh
an interesting point
that I've already mentioned more than
once and I'm going to mention it again
as we go through this uh Rabbi Dr.
Professor Khim Salvichek's series of
essays on the myar kiteshm
uh in which he actually argues that the
myar keshm
uh is uh is a work of rhetoric and not a
pure work of haka because there are many
statements in the mimemer keshm which
contradict the final halaka as codified
in the ram zone mishna. Torah written
many years later. Now we do have to say
the mere fact that uh the minm
contradicts the Mishna Torah does not
indicate it was not an accurate
statement of I mean the Garrett Meshm
was written when the Rambam was
27. The Mishna Torah was completed when
the Rambam was 45. If there are
inconsistencies that's not necessarily
because the Raman was covering up. It
could be that he changed his mind over
the course of years. But one of the very
interesting dichotoies is that precisely
in my
kites where the Rambam concludes that
the people did not have to give up their
lives before they profess Islam. The
Rambam says, "But if you wanted to do
so, you could do so." And that would be
called a keshm.
Now that that is a direct
contradiction to what he says in
perheatra in the Mishna Torah where the
Rambam
rejects voluntary martyrdom. So because
of this Rafol draws the following
conclusion really the Rambam held they
should have given their
lives as well. He didn't want to say it
that would have been too hard of a
standard. So instead he said if you're
up to it because if indeed the Rambam
seriously maintained there was no
obligation to give up your life in the
uh in the uh Moroccan situation then he
wouldn't have allowed voluntarily giving
up your life. So if he allows
voluntarily giving up your life, uh,
Professor Salvetric suggests he actually
maintains your to give up your life. But
he didn't want to he didn't want to go
that far. That that's why he called it
an act of rhetoric, an act of comfort,
an act of a letter of, but not
necessarily a
definitive ruling. Again though in the
Mishna Torah the Rambam says
categorically there is no such thing as
voluntary martyrdom. Now this comes up a
lot in terms of
volunteerism. Uh uh can a person right
the surround a city and the
say give us a Jew to kill or we will
wipe out the whole city. So the is clear
that we are not allowed to pick a Jew
and send him out even if that means the
whole city is going to be wiped out
because the rule that you can't murder
or cause murder to save lives even means
if you're saving a lot of lives it's not
a onetoone it's we don't do a numbers
game so the question people ask is could
a person volunteer could a person say I
will give my life so the city will be
saved or what about the person who jumps
on a grenade to save other people. Now
the question becomes if the Rambam says
when there's not an
obligation to give your life, you're not
allowed to do so. So is this person god
forbid a sinner? We would hate to to
envision him that way. So uh interesting
question perhaps according to the Rambam
you're not allowed to do that but the
counterargument is that in cases like
jumping on the grenade or in cases like
volunteering the person's going to die
anyway meaning meaning if he doesn't
volunteer if he doesn't jump on the
grenade everybody's going to probably
get killed. So that's a little different
meaning you're not talking about a
person who would otherwise live who
volunteers to give up his life. You're
talking about a person who would die
with everybody else, but he's willing to
step forward to save everybody else. So
it might be in that particular case, the
Rambam would allow a voluntary
martyrdom. But in cases where some just
some innocent person just comes forward
and says take me instead of him. At
least according to the Rambam, uh that
would not be permitted. But as I say the
flow of Jewish history has not followed
the Rambam on that point. In fact I
believe they said by the Greb uh one of
many stories that uh the Grebby was uh
the rebi of the largest in Poland. G was
super uh in terms of numbers the very
very large in Poland and uh the Germans
considered the Greb like the the the
rabbi of the Jews of Poland. So they
were looking for the Grebby. The Gerbi
who was who eventually smuggled out the
Imra and got and got to Erit Israel. But
he was very very high on the list. And
at one point uh the Nazis actually got
to the home where the Rebi was hiding
and they said, "Where is the rabbi?" And
uh Shi with a big white beard stepped
forward and said, "I am the rabbi." and
they shot him dead immediately.
Essentially what he did was he
impersonated he said he was the gerba so
they would kill him rather than look for
the reb. So again uh you could describe
this in different ways. You could say
this was a
suicide or you could say this was an
altruistic act of rescue to rescue a
great great sighting. So it seems that
just literally that the Rambam might not
have approved of that. The Rambam would
not have approved of giving up your life
to save another person because the
Rambam says martyrdom is either an
obligation or a prohibition and there's
certainly no obligation to give your
life to save somebody else. On the other
hand, I'll repeat that Jewish history
has not followed the Rambam and there
are many many many instances of people
voluntarily giving their lives uh to
save uh other people whether it be your
own children or whether it just be it
sadic or or or whatever it is but
nevertheless that is the Rambam's view
that there is no concept of voluntary
martyrdom. Now let's go further.
What if a person was supposed to give up
his life? Right? The Crusades, the
non-Jew says, "Bow down to the idol or
I'll kill
you." The response is, "Give up my life.
Die." What if I didn't? What if I did
bow down to the idol? What if I did
convert to Christianity, at least
externally? Uh, Morados, uh, Jews
professed, uh, faith uh, in Christianity
even though they kept the Torah
privately. So here's what the Rambam
says an interesting point and this is
even true with murder whether it's
aodiz whether it's a sexual
a murdered
somebody to save your life which you're
not allowed to do. So here the Ramba
makes a very interesting
distinction between before the
fact and after the fact. Before the
fact, if you ask a shila, should I bow
down to the idol or die? The answer is
die. Should I rape this woman or die?
The answer is die. Should I murder this
person to save my life? The answer is
no.
Die. But once you did
it, the Rambam says the following. Any
act that was done under
coercion or fear of death is not legally
punishable. So if you murdered an
innocent person to save your life, you
would not get any penalty on the part of
a baston. Right? If you worshiped a
bodhisora, again your only sin, which is
a serious sin, is you desecrated God's
name by failing to give your life. So
you're over there
on Hashem, which is bad. Very, very bad.
But you're technically not an
idoltor and you're not a murderer.
You're not a rapist. Because the Rambam
says even though you should have given
your life, you acted under duress. You
acted under compulsion because you acted
because fear fear for your life. Now
this itself is very important in the
mamarashm scenario because what it's
saying is the following. Even if they
should have given up their lives which
the Ramba maintains they didn't have to
and we'll get to
that. After the fact they're still Jews
in good standing unlike what that rabbi
told them that their mitzvah don't
count. So this is an extremely important
distinction the Ramba makes between
before the fact and after the fact. And
the Ramba maintains that after the fact
there is no punishment that is attaching
to them because they are called anusim.
They are called people who were forced
into it by virtue of compulsion. But
here we do have a very very
fascinating contradiction in the Rambam
which he does not raise in this letter
but it's raised in the Mishna Torah. So
I'm going to mention it and that is the
following. The Rambam says the same
rules that apply when a guy goes over to
me and says do this sinner I'll kill you
will also apply in the case of illness.
Let's assume that a person is ill.
person is dying and the only way he
could save his life, let's imagine, is
by drinking some fresh human blood by
killing somebody. Yeah. Again, you I I I
can't really make up a realistic case
for something like that. So, the Rambam
says the same way you can't murder in
response to a non-Jew threatening you,
you can't do it to save yourself from
illness. So,
for sure overrides but the big
three you cannot do even to save your
life in the case
of but here the Rambam says the follow
the following
idea if a
person violated the big
three in order to save his life from a
uh from a fatal
illness there he would actually get
punished for his sin after the fact.
Damba is malik between a person who acts
under the duress of a of another person
versus a person who acts under the
duress of an illness which will save
him. Uh so an example would be uh you're
not allowed to get benefit from
idolatry, right? Uh if you have an
idolatrous tree, you're not allowed to
get benefit from it and that's called a
votor itself just getting benefit. So if
this tree would have medicinal
properties, you would not be allowed to
use the tree even to save your life. But
the Rambam says if you did use the tree,
you would be of misa after the fact for
so this is a very famous question. What
is the difference
between and coercion? Meaning if a
says to me bow down to this idol or I'll
kill you, I must die. But if I didn't
die, I don't get punished because I
acted under
duress. Now, if I'm faced with a
situation, use this idolatrist tree for
medical reasons or you will die. Once
again, I'm supposed to die, but if I use
the tree, I will be guilty of a lot. And
if witnesses warned me not to do it, I
would get the death penalty. So what is
the nafkamina? What is the difference
between holi sickness and coercion on
the part of a third a third person? So
it's it's a famous question. It's a
well-known steer a well-known
contradiction
uh in uh in the Rambam's words. But the
arsame or meim of dinsk does offer a
distinction and he says in the case of
the non-Jewish oppressor by the it could
be a Jewish oppressor too. I mean always
uses non-Jewish oppressors because it
could not envision a Jewish person doing
it. But you know there's no difference
here if the oppressor is Jewish or
non-Jewish who says to me bow down to
the idol or I'll kill you. So his will
is being superimposed on my will. So as
a result, my decision to bow down to an
idol in order not to endanger my life is
a
coercion that overpowers my will and
therefore even though before the fact I
should have given my life to be sure but
after the fact I don't get punished. In
the case of the
ki the sickness itself is not pushing
you in a certain direction. It's your
decision that you want to heal your
sickness by taking this idolatous
treatment. But there's no direct
imposition on your will. Okay, it's a
subtle distinction uh just to be aware
of it. I don't want to be mar in it uh
in it uh too much. Okay. So, so far I've
only mentioned three cases where you
have to give your life
a
gilat. But now we have to go a little
further. The Rambam and again the Rambam
didn't make this up. This is all based
on Tmudic
discussion. The Rambam then goes on and
says there are times you must give your
life even for other things. And he says
the following. He says
if the sin is going to be committed
publicly and publicly is defined not
necessarily in such a large audience in
front of at least 10 Jews that's called
publicly there's a
minion
and the goy's
motivation see there there are two types
of motivations here when someone tells
me let's take shabas. Someone says, "Mow
the
lawn or I'll kill
you." Now, there might be two different
reasons why he says, "Mow the
lawn or I'll kill
you." One reason might be he has nothing
to do with chabas and nothing to do with
fkat. He just wants the lawn mowed and
he's a crazy guy. He's going to kill me
if I don't mow the lawn. Meaning he's
not doing
it because he wants me to transgress my
religion. He's doing it because he wants
me to mow the
lawn. That is a category that is called
hanoas
atmo. That he's not doing it to take me
away from the Torah. He's doing it for
his own
benefit. That's one motive.
A second motive
is
alastically to wean me
away from my religious
observance. So here is what the Rambam
says.
If let's again I I I I do want to
apologize to the uh Gentiles of the
world. I I keep on using the example of
a but again I'm not suggesting that
all goyam do this and I'm not suggesting
that the would be different for a Jew.
I'm just using the as the example
that is in rabbitic literature including
the Rambam. Uh so apologies to the
non-Jews of the world if if any of them
are listening. Uh, so we have a
situation. The guy goes over to me and
says, "Mo that lawn or I'll kill
you." And he does it to me. He says it
to
me where 10 Jews are watching. 10 Jews
are watching. So the Rambam says, "It
depends on what the motivation is.
If the motivation is
ho, he's not telling me to mow the lawn
because he wants me to violate the
Torah. He's telling me to mow the lawn
because he wants that lawn mowed or
he'll kill me, a crazy king. So there
the Rambam says, "We do apply
Pikuak even
publicly and go ahead and mow the lawn."
But says the Ramba, no two conditions
here. If the Ara is going to be
public,
public and the motivation is
specifically
geared to my repudiation of the Torah.
Note the two conditions
public
and alas.
So in such a
situation, the duty of martyrdom
applies to every single mitzvah of the
Torah, no matter how small that would
be. Okay? It's not only shabas, you
know, shabas is a serious violation, but
even something like uh if you put on
fill in, I'm going to kill you.
uh or the tom says even
min that are not evenly valid. The
Gmorrah gives a case of a shoelace.
Let's assume that there was a min that
Jewish people wore red shoelac uh black
shoelaces and the umam wore red
shoelaces and the government
decrees all Jews must wear red
shoelaces or they will be
killed. The Gomorrah says, "If the
purpose of the gazer was simply a narish
kite, we want everybody to dress the
same, that's fine. Go go to red
shoelaces. But if the intention is to
wean Jews away from their religious
observance by creating
assimilation, even changing a
shoelace is
yehore vial yavir." Now, now an example
of this actually was in the 19th century
in
Galitzia. Some of you might uh have
family from Galitzia. My my own parents
are from Galitzia. So, Galitzia was uh
Polish, Austrian, German borders, etc.
And Galitzia had two opposite trends.
It's very interesting. Two opposite
trends in the 19th century. It was a
very very
heavily part of Poland but also it had
tremendous huskala at the same time. So
you had opposite forces. You had many
many many muskilm and you had many many
many and unfortunately the muskilim and
this is kind of a badge of shame uh very
much wanted to crush the they were
constantly making
accusations against the communities to
the government of disloyalty and
everything else and therefore a lot of
the government's negative responses to
came from accusations of the musk now
again um we can be an even opportunity
condemmer. I mean kind of hit back with
some shots of their own. It was very
very nasty. People Jews were attacking
each other and going to the
government kind of like what people do
today in building. Someone wants to
build somewhere and people are always
reporting to the and everything else. Uh
so here is the thing at some point the
government in Galitzia which was part of
the AustriaHung Hungary Hungarian Empire
wanted to
prohibitim from dressing in their
distinctive way. They can't wear
strimmls. Of course, original originally
strimml were in fact the head of Polish
nobility originally, but by the 19th
century it did become a
distinctively
shaush and they actually declared Jews
cannot dress in garb. It was against the
law.
So the kidic rebies of Poland actually
Pascans yeare
vavar they must even be willing to die
before they change their
lavush. Now I understand when you first
hear that that sounds very very extreme
but in point of fact it seems to exactly
be what the Rambam is saying based on
the Gmorrah that when the of the
oppressor is not for his convenience but
it's then there's going to be to give
your life even on a minor thing like the
distinctively Jewish lab I think it is
fairly clear uh that the motive of the
government was to take people away from
at least traditional Judaism that might
be laad now it gets a little complicated
the reason why it gets a little
complicated is the muskilum wouldn't
describe it as that the muskila might
say oh we're not trying to take you away
from
Judaism we just want you to have a more
modern type of Juda I mean see it's a
little semantic it's not we it's not
that we want to take you away from
Torah. We want to take you away from the
excesses of So that's an interesting
question. Is
that
in Allah does? Okay. So the point is
though based on this ruling you actually
see that the duty of martyrdom can
potentially be much much broader than
the big three. So now let me ask you a
simple question. Let's consider a
concentration camp.
So, uh, Jews often had to work on
Shabas, and if they wouldn't work on
Shabas. If they refused to work on
Shabas, they would be
killed. Uh, they were served uh
non-coosher food. Uh, if they would
refuse to take it, they might be killed
even
then, besides starving to death or the
like. So here's the question and again I
I hate to talk about this in theoretical
sense because real real people suffered
real pain. So of course we have to feel
their pain and feel their Rahmanas. But
just to analyze this academically,
um, if a Nazi told told
someone, "Get this job done. Operate
this sewing, it's shabas, operate the
sewing
machine or I'm going to kill
you." Would we tell the person what
would the Rav say and there were Rabanim
in the concentration camp who
passen people would ask about him? Would
the Ra say work work work work it's
neesh don't deseesecrate shabas so they
shouldn't kill
you uh that's one approach or would we
say that if the goal of
Nazism was to take Jews away from the
Torah and there were 10 Jews
present would we say you have to give
your life now I will tell you as a
matter of historical record
that was given by every post I'm aware
of was
piku people were told to work on chabas
people were told to
eat even though some of the rabbis who
gave them that they themselves did not
eat that was their thing but they gave a
ha to other people so the bottom line
was that people had
rabbitic that they must violate chabas
and they must violate kash. The question
I'm going to leave you with is I I I get
but what about this rule that where the
motivation of the oppressor is to take
you away from your religion and it's
done in front of 10 Jews. You are muy to
give up your
life even beyond the big three even for
Shabas even for minhagen
but for for shabas meaning was Nazi
Germany or or not was Nazism was the
were the concentration camps an example
of laavro
alhadas it's actually a little confusing
it's not so easy and again I I hate to
be so academic here but it's not so
easy to characterize
uh Nazism as laadas because the Nazis
were not interested in converting
us. The Nazis were interested in
extinguishing us. So you could actually
say their motive was not to take us away
from
Judaism. Their motive was just to kill
us. And therefore Pikuak nephesh would
still work.
On the other hand, that's not quite
true. Although it's true that Nazism was
not trying to convert us, but part of
the extermination plan was to demoralize
us by taking us away from the Torah that
gave us a certain amount of comfort.
Meaning, when a Nazi said, "Ooperate
that sewing machine on Shabas," they
weren't indifferent to the fact that it
was Shabas. there was something part of
their diabolical plan that it be on
Shabas. So that's the issue. Uh if the
crazy king doesn't even know it's Shabas
and tells you to mow the lawn, that's a
pure
hanatmo and mow the lawn on Shabas. But
here I think there was a mixed motive.
Yeah, they were going to exterminate us
anyway, but I think there was a plan to
wean us away from the Torah and the
mitzvah. So I'm going to leave it as a
question. Well, we'll we'll talk more
about this next week. uh but the point I
wanted to introduce today was a very
important point that the duty of
martyrdom can and does extend beyond the
big three. uh when you have a
combination of two
conditions public in front of 10 Jews
and the motive
is rather
than so if it's private then even if the
motive is to take me away from religion
it's mutar and if it's public and the
motive is that um for convenience of the
guy it's also mutar you have to have two
conditions
Bifaria and Laas and the question I'm
leaving for your cogitation is whether
Nazism would qualify as laad or because
since it was a pure extermination system
uh we don't treat that in that in that
manner. Okay. Uh we will continue uh
next week uh because again uh the Rambam
does have to deal with this particular
schmod uh that was going on. Uh yeah.