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Rambam Mishneh Torah: Hilchos Yesodei HaTorah Chapter 5
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This class, in Rambam the Laws of Yesodei HaTorah, chapter five, was presented on Wednesday Parshas Devarim, 1 Av, 5780, July 22, 2020, streaming live from Rabbi Jacobson's House in Monsey, NY
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Auto-generated transcript. Not time-synced to the video.
The Yeshiva.net
We begin the fifth chapter of Rambam's
Mishneh Torah Hilchos Yesodei HaTorah
Perek Hey.
As you recall, in the opening of Hilchos
Yesodei HaTorah, the Rambam said that in
this section of Halacha he's going to
explore
and enumerate
10 mitzvahs.
Six positive mitzvahs
and four negative commandments.
The first five he discussed in the first
four chapters.
To know that there is a divine creator.
Number two, not to entertain the idea
that there is another God.
Number three,
appreciating, understanding Hashem's
oneness and absolute unity. Number four,
the mitzvah to love Hashem. Number five,
the mitzvah of Yiras Hashem, of awe and
reverence.
This chapter is going to explore the
next two mitzvahs, number seven and
number eight.
Number seven is the mitzvah of Kiddush
Hashem, to sanctify Hashem. And number
eight, number six number six is the
mitzvah to sanctify Hashem's name. And
number seven is the prohibition against
violating, desecrating Hashem's name.
Perek Chamishi Halacha Aleph. Kol Bais
Yisrael Mitzuvim Al Kiddush Hashem
HaGadol Hazeh.
The whole house of Israel, the entire
Jewish people
are commanded to sanctify the great name
of Hashem, She Ne'emar. What's the
source for this? A possuk in Parshas
Emor, VeNikdashti BeSoch Bnei Yisrael. I
shall become sanctified amongst amidst
the children of Israel.
They are also
prohibited, they are cautioned against
desecrating Hashem's name, She Ne'emar.
The possuk says Oh, VaYikra of Bais
Parshas Emor, VeLo Yechallilu Es Shem
Kodshi. Do not desecrate, violate my
sacred name. What does this mean
what does this mean practically? The is
now going to enumerate various scenarios
in which this
these two play themselves out the
sanctify name and the prohibition
against desecrating name the going to
discuss different scenarios and at the
end he's going to discuss a very
interesting fascinating scenario which
relates not to death but to life as we
will
if an adulterer
who obviously despises and loathes the
Jew
gets stands up and he coerces the Jew to
transgress any of the that are set in
the
and the alternative is if you don't
transgress he's going to kill him he's
going to murder him what's the
he must
forego the
commit the so-called sin and not get
killed in order to save his or her life
because
the says by
the
chapter 18
I shall
I saw
the hide them
these are the that a person should do
and he shall live with them so I say
just explain
them
the were given to live with through them
not to die through them if a is going to
cause death I shall say that's not the
purpose of the
the purpose of the
to live through the
not to die as a result of the
below
the cannot bring a Jew God forbid
to lose life to forfeit life and that's
the situation because if he does if he
continues to keep the mitzvah, he's
going to be killed. So, therefore, the
Torah tells us, "V'chai ba'hem." The
mitzvahs were given to give you life, to
give you a deeper life, a meaningful
life, an authentic life, a real life, a
holy life, a divine life. "V'chai ba'hem
v'lo l'shaya mishba'hem." "V'meis v'lo
ya'avor." And what happens if the person
chooses to die, he died and not
transgress the mitzvah? "Hareini
mischaiyev b'nafsho." He is held
accountable for his life.
The Rambam's
fascinating position here is
that the person is liable. He did a
tremendous sin by allowing himself to
die in order to observe the Torah and
the mitzvahs.
Because when there's a mitzvah and as a
result of doing this mitzvah,
the person is going to lose the life his
life or her life or as a result of
uh
observing this mitzvah and not
transgressing this sin, the person is
going to forfeit their life. The Rambam
holds you're not allowed. "Hareini
mischaiyev b'nafsho."
I should just add,
not everybody agrees with the Rambam. As
the Kesef Mishneh of Rabbi Yosef Karo
points out right here, that great people
have sacrificed their lives
on regular mitzvahs of the Torah. There
were Jews who, in order, for example,
not to eat non-kosher food or keep
Shabbos, were ready to forfeit their
life. According to the Rambam, they're
held accountable for this sin of
forfeiting their life. They should have
violated the mitzvah and saved their
lives. But there are other opinions.
Tosfos disagrees with the Rambam. The
Shulchan Aruch, the Tur and the Shulchan
Aruch
in Yoreh De'ah Siman Kuf Nun Zayin, 157,
brings a second opinion and gives a
license that if the person wants, they
are allowed to sacrifice their life for
other mitzvahs. They're not obligated,
but they are allowed to and it's a great
and it's it's it's it's it's a unique
it's a unique spiritual state. Then in
Mukei Yosef writes even according to the
Rambam, if you're dealing with a public
figure, a great saddiq, a person of
Torah, a person who has influence on a
generation, even the Rambam would hold
that under certain circumstances, he can
sacrifice his life even by other
mitzvahs because
of the example that it sets and infuses
the Jewish world with a new sense of
inspiration, commitment, faith,
and dedication and enthusiasm.
Continues the Rambam,
when was this said? That the person is
obligated to transgress and not die by
other mitzvahs, all other mitzvahs, 610
mitzvahs of the mitzvahs of Torah. So if
a person is given a choice, either work
on Shabbos or eat non-kosher food or eat
chametz on Pesach, and if not, you're
going to die. So the Rambam says you're
obligated to work on Shabbos, you're
obligated to eat non-kosher food, all
the other mitzvahs
except for idolatry,
adultery, and murder. The exception is
three cardinal sins, idolatry, adultery,
and murder.
With
these three sins,
our light if the anti-Semite tells the
Jew, "I want you to
say transgress one of these three sins.
I want you to murder somebody, or I want
you to commit adultery, or I want you to
commit idolatry, and if not, you shall
be killed." Here the Rambam says the
halacha is
the person has to be ready to forfeit
their physical life. When
was this said? When do we make this
distinction between these three sins and
all the other 610 sins in the mitzvahs
in the Torah? This man is coming after
me.
When the gentile who's forcing the Jew
to do these sins, his intention is his
own enjoyment, his own benefit.
He forces a Jew, "I want you to build my
house on Shabbos. I'm not allowed to
build on Shabbos, But if you don't
build, I'm going to kill you. I want you
to cook for me on Shabbos. I want to
eat. I want to have a beautiful home.
You're a great builder or contractor.
I'm forced.
Or he rapes a woman.
He wants to be with her just simply for
his own enjoyment, his own benefit. I
will in this cabin love you later.
I will when he says of course this idea
of abducting a woman he's talking about
not in a case where there's
there's adultery. He's talking about a
single woman who's not married.
I will in this cabin there's a famous
condition of a levy alarm
brisket the first opening this first
section his first commentary on his
classic work around
about this
how to reconcile it with the sugar of
the master Sanhedrin.
I will in this cabin love you
but if the intention of this Gentile
hater had one intention he just wants to
do to violate mix that's his intention.
It's not
his own enjoyment. I want you to violate
Shabbos or I want to
be promiscuous with women or I want you
to cook for me food on Shabbos or any
other
no he's intentionally trying to break
the Jewishness of the Jew.
Then the says the Lord changes in my
opinion
I mean
me so you have a value heart.
If it's a private situation and an
encounter there's no 10 Jews then he
should transgress the mix and not get
killed. The
love you to me so but if he forces him
to violate any mix.
In front of 10 Jews even though it's not
idolatry adultery and murder but the
intention is not for his own benefit the
intention is to break the Jewishness to
cause him to transgress mix then you
have by over a feeling
feeling in this cabin love you mix
then he should be killed and not
transgress it even though he is not
asking him to do any one of those three
cardinal sins but any other mitzvah but
since his intention is to destroy Torah
and mitzvahs by this Jew and it's in
front of 10 people so here there's a
mitzvah to forfeit his life. So let's
understand the clear distinctions. If a
non-Jew comes to a Jew and says I want
you to murder somebody or idolatry or
adultery under all circumstances the Jew
is obligated to forfeit his or her life
that's the mitzvah of Kiddush Hashem. If
it's other mitzvahs that then the Rambam
says the mitzvah is to not forfeit your
life commit the transgression and keep
your life intact.
Then the Rambam made another
distinction. This is all if he's doing
it for his own benefit. I'm enjoying it
but if he's doing it to crush the
Jewishness he wants to break your
Yiddishkeit he wants you should
transgress mitzvahs. It's not his
personal benefit. It's a fight against
you as a Jew. He says now the three
cardinal sins of course you forfeit your
life even if it's for his own benefit
you forfeit your life. But even the
other mitzvahs if it's private you
transgress the sin even though he's
trying to break Torah and mitzvahs by
you but if it's in public there's a
mitzvah of Kiddush Hashem to forfeit
your life. Gimel now comes another
qualification.
Everything that was said here the
differences between 10 and less than 10
between 610 mitzvahs and the other three
mitzvahs it's all beshloi beshas
hashmad. Not during an era where there
is a public attempt of the government of
the leader of the tyrant to persecute
the Jewish people and to obliterate
Judaism. Aval beshas hashmad in a time
of obliteration
a wicked
a wicked monarch like Nebuchadnezzar
his
his colleagues, his peers, people like
stand up
enforce an edict on the Jewish people
and the edict is we want to destroy your
religion or not even your whole
religion, but we want to eradicate and
obliterate a specific mitzvah. Here
everything changes.
Here the Jew
ought to forfeit his or her life and not
transgress any of the mitzvahs.
Whether it's public or even if it's
private because the previous cases was
talking about not
not an era when the monarch, the tyrant,
the dictator, the Russia is trying to
obliterate Yiddishkeit from the Jewish
people or obliterate one mitzvah. It's a
personal individual who's trying to
force a Jew to do a sin either for his
own enjoyment or to crush mitzvahs by
this Jew. He wants to take him away from
mitzvahs, but here it's a
when the very institution of Yiddishkeit
and therefore the lifeline of the Jewish
people is in danger, here there's an
obligation of mitzvah of Kiddush Hashem
when it comes to any single mitzvah even
if it's private.
Anytime the says you should transgress
the mitzvah and not die and the person
chose to die and not transgress the
mitzvah, he is held accountable for
forfeiting his life.
Conversely, when the states the person
should be ready to forfeit their life
and not transgress the mitzvah and the
person indeed did that, he gave up his
life or her life, this person is a
sanctified
Hashem The holy name of Israel if it was
in the presence of 10 Jews I raise a
kiddush Hashem barab.
This is a different level of kiddush
Hashem. He sanctified Hashem in public.
Kidaneil, examples in Jewish history
would be like the men like Daniel who
was cast into a lion's den. Hananiah,
Mishael, and Azariah and Nebuchadnezzar,
the Babylonian tyrant emperor, cast them
into a fiery furnace. Why? Because they
did not want to worship idolatry. They
did not They refused to bow down to the
statue that Nebuchadnezzar created with
obligating all of his citizens, all of
his subjects to bow down. Hananiah,
Mishael, and Azariah who were confident
who were close to Nebuchadnezzar.
He raised them. He took them from Eretz
Yisrael with Daniel and these were the
people who served him in the palace. He
recognized their brilliance. He nurtured
them and he promoted them to great
political positions.
And the story recorded in Sefer Daniel,
the Book of Daniel Tanakh at length, he
says this is an example of kiddush
Hashem Rabbi Akiva and his colleagues.
Later in Jewish history, this is of
course after the destruction of the
first Beit Hamikdash. Now the Rambam
goes after the destruction of the second
Beit Hamikdash. Rabbi Akiva and his
colleagues like Rabbi Akiva and his
colleagues, who?
In the time of shmad where there's a
mitzvah yeharog ve'al ya'avor, they were
ready to forfeit their life to uphold
Yiddishkeit. Ve'eilu heim harugei
malchut she'ein ma'alah al ma'alatam.
These are those who were killed,
murdered by the malchut, by the evil
regimes. The Rambam says there's no
nothing that could compare to their
powerful virtue and greatness. There's
no level above them. They have reached
the deepest, highest pinnacle
of of connection with truth, with
infinity. Va'aleihem ne'emar, on them
the pasuk alludes to in Tehillim chapter
44 ki alacha haragnu kol hayom
nekhshavnu keson tifcha.
Because of you, Hashem, we have been
killed all day.
Been considered by our enemies as sheep
going to the slaughter. By Hashem, and
then the possuk also says in chapter 9,
Hashem says, "Gather to me my Hashem, my
most sacred ones, pious ones, those who
made a covenant with me to the point
that they're ready to sacrifice
themselves."
Conversely, whenever it says Allah has
stated that a person should die in
action transgress, but the person
decided to transgress and not die,
then this person is desecrating Hashem.
If it was in front of 10, then it's a
public desecration of Hashem. He also
desecrated Hashem. He also nullified and
obliterated the positive commandment of
Hashem. He violated the commandment not
to desecrate Hashem's name and he also
forfeited the opportunity to sanctify.
He also nullified and obliterated the
positive commandment of Hashem.
He violated the commandment not to
desecrate Hashem's name and he also
forfeited
the opportunity to sanctify.
He both did not do the mitzvah essay and
he violated the mitzvah lo say.
Since he was forced, no lashes, no
punishments.
Certainly there's no death penalty even
if he killed somebody. But because he
killed a person,
because he was compelled by the sword,
they told him, "Either you kill this
person or you die." And he wanted to
save his own skin or she wanted to save
her own skin and they killed somebody.
Usually if you're killing somebody,
you're culpable
for a great penalty, sometimes even the
death penalty under certain
circumstances. If there were witnesses,
if you were warned,
as will be discussed later in the
mission of Torah, all of the different
forms of penalties and when they're
applicable. The Rambam was not
discussing those details, but he's
saying regardless in this case, the
person is not penalized. Even though
this person murdered somebody and
murdered somebody willingly.
But
not willingly, murdered somebody and he
knew that he's killing the person. It
wasn't a mistake. It wasn't a
you know, non-volitional act, but he did
it behind us. The alternative was death.
They said, "We want you to kill this
person. If not, you die." Therefore, the
Rambam says, there's no punishment. You
don't meet out any punishment, not
lashes and certainly no death penalty.
There's no penalty in Chumash and Torah
of lashes and death only somebody who
transgresses it with full will, choice,
and volition.
And there's witnesses and the person was
warned before. So, the person knows
exactly what they're doing. And as we
will see later in Rambam, much later in
Rambam, the person has to respond to the
witnesses that he or she knows exactly
what they're doing. And then when they
do it, you can give them this
punishment. Here,
this person
willingly, the person was forced to do
it.
And the choice was the alternative was
death.
Shanamar, we learn this out from a
possuk benoison mizarei l'moilech.
Parshas Acharei Mois, somebody who gives
his child to the idolatry, the pagan
idol called Molech. This was a horrific
idol where you bring your child to the
Molech and they would placed
It's even hard to describe graphically.
They would put the child in the fire or
through the fire. And this is obviously
real avodah zarah, avodah zarah, murder.
There's a death penalty for it. The
possuk says, "V'samti es ponai es ponai
b'isha hu."
I will focus my face on this person,
"B'isha hu."
On this person. The word "hu" is
superfluous. "V'samti es ponai." In the
person who did it. "B'haish." "Haisha
hu." That person. Obviously, that
person. We're not going to punish a
person who didn't give his son to the
Molech. So, the Ramban pi hashmuah
lomdu.
Pi hashmuah means from tradition. This
is a tradition that was given from
generation to generation all the way
back to Moshe Rabbeinu. Whenever the
Rambam says Mipi Shmuel, Mipi Shmuel, he
uses this term a lot. What does Mipi
Shmuel mean? It's been heard,
transmitted orally from generation to
generation all the way back to Moshe
Rabbeinu.
Anything that the Chazal received and
the tradition goes back to Sinai, it's
called Mipi Shmuel if
it's alluded to in the text of the
Chumash. Even if it's not explicit, but
it's intimated in the text of the
Chumash, meaning the way Moshe wrote the
Torah, he wrote it in a way that if you
look well into the word, you can learn
this lesson. Like here, the word Hahu,
this is called Mipi Shmuel. This is a
principle you should remember. Mipi
Shmuel Lamdu Hahu. It has to be Ish
Hahu, that person.
In other words, Ish Hahu, the way the
Chazal explained this is Hahu means when
this person is Bahavi Yosai Kemosho Hu.
When the person is in full tact as a
human being, meaning Lo Onus, he wasn't
forced. Lo Shogeg, it wasn't a mistake.
Lo Mutar, he wasn't deceived. Only under
those circumstances when the person
gives over his child to the Molech or
any other sin for which there's a death
penalty, any other penalty, it's done
with full presence by Ish Hahu. The
person is Hahu Bahavi Yosai, meaning the
Hu, there is a there's a person here.
I'm What does it mean a person? A person
makes choices. A person does things in a
premeditated fashion. That's an Ish
Hahu. This is what we learn from the
Hahu. And therefore, in this case,
Madah Avodah Zarah, idolatry, which is
more stringent than anything else. So,
if you worship it by onus, you were
forced to do it, if they forced you to
do this, you don't get Kares, you don't
get a heavenly death penalty. As the
possuk says by Yeshayahu, certainly you
don't get penalty of the court, death
penalty here as a punishment, certainly
any other mitzvahs. So that's why from
here we learn now that even if a Jew
violated a mitzvah when he should have
not, even if it was one of the cardinal
sins of avodah zarah, giluy arayos,
shfichus damim,
you still will not get punished even
though you did the wrong thing because
you forfeited the mitzvah of kiddush
Hashem and you did a chillul Hashem.
Ubarayta
another source, when it comes to
adultery it says vilanara lo sasah
davar.
If somebody abducts
a young married woman and violates her
intimately,
do not do anything to the na'arah. Don't
do anything to the na'arah. Why? Because
she was an onus. She was compelled, she
was forced, and therefore there's
absolutely no punishment that you're
going to give this na'arah. She is an
anusah. This is the famous expression in
Gemara, onus avodah zarah, onus rachmana
patrei. Whenever there's an onus, even
if I should have not allowed myself to
do it, but I was still forced, and I
simply
felt I don't I'm not ready to give up my
life, in all of these cases the person
is not punished. There's a parenthesis
here that um
that did fall out from some text of the
Rambam's, but it does exist in other
texts, in other manuscripts.
Hinei ochel kelev shoval keya. If a
person has the ability to escape from
the tyranny, the domain of this wicked
king, and he does not.
The king is forcing you to obliterate
Yiddishkeit, and it's an onus, but you
have the ability to run away and live
somewhere else. Hinei ochel kelev shoval
keya, it's like a dog returning to eat
his vomit. Why are you going back there?
This is a person who's like worshipping
idolatry willingly because even though
initially he was forced, but now he
chooses to remain there. Who knew that
above the year of the day of the show
again? He is removed from the world to
come and he descends to the lower to the
lowest abyss abyss of purgatory because
even though the king forced him and
there's no punishment for it, but if you
have the ability to run away and to
leave, why why do you why do you remain
there?
Hey.
Hello, hey.
It's really an extraordinary hello.
There's a group of Jewish women
and anti-semitic
non-Jews tell them
give us one of you
and we will violate her.
If not, we will violate all of you.
We'll rape all of you.
What's the hello?
We do not sacrifice one for the many.
All of them should allow themselves to
be violated. Of course, if they could
fight back or escape, that's the best
option. But if not, they should all be
allowed themselves to be violated and
not give over even one soul.
The same another scenario similarly.
A group of anti-semites idolatrous comes
to a community of Jews and they say give
us one Jew and we will murder him. If
not
we murder all of you. What would you say
the hello is?
Imagine there's a city city has a
million Jews
and they come and they say we want one
Jew. Just give over one Jew to die.
We'll come and murder him. If not
we come in and we murder every single
one of you.
You might say, "What's the halacha?"
You have one versus a million. Says the
Rambam, "Yeharogu kulam v'al yimsru
lahem nefesh achas mi Yisrael."
They must all be ready to die and they
should not give over
one Jewish soul to death.
They are forbidden of taking a Jew, any
Jew,
and giving this Jew to die even though
the murderers are threatening
and you know, nobody doubts their
sincerity. They're They're going to kill
everybody else.
So, here we have a fascinating halacha.
Till now, we learned
if somebody comes to a Jew and says,
"Murder another Jew and if not, you're
going to be murdered." What's the
halacha we learned before? You have to
allow yourself to die and not murder
anybody else. And there's no
distinctions. What happens if this Jew
whom they're asking to murder another
Jew is considered the greatest godol of
the generation, the greatest spiritual
giant of the generation, and they're
asking him to kill a Jew who's
considered one of the lowliest Jews of
the generation.
You're not allowed to.
You don't say, "Yeah, yeah, yeah,
he's a baby, he's small, he's immoral,
he's a It doesn't go that way. You do
not kill one Jew
even if through that the greatest godol
is going to save his life. But here
we're learning something even deeper, a
yachid versus a rabim.
Kill one Jew and you save a thousand
Jews. You save ten thousand Jews. You
save five million Jews. You're not
allowed to.
They're not allowed to take this one
Jew,
any Jew they're asking, "Give us a Jew."
And throw him out. Throw him into the
lion's den. Throw him under the bus. Pun
intended? You're not allowed to do it.
And even if they take a Jew, you think
he's old, he's frail, he's weak, or this
is a little infant, that baby, nobody
will know the difference, or this person
may be sick, or this person may not be
of the highest spiritual stature. Let's
save everybody. They ask for one Jew.
You're not allowed to the Jews are not
allowed to actively take a Jew and
subject him or her to be murdered, give
him over to be murdered. They're not
allowed to.
What happens if they designated a
person? The amru they said to Nulamu
plain in Aragus Kulcha. They didn't just
say give us a Jew. They said give us
that Jew, Mr. X, Y, and Z. Him we want.
Or Rabbi X, Y, and Z. If not, we kill
everybody.
What is now the halacha?
Interestingly,
in Yerushalmi Maseches Trumos Perek
Kest, there's a huge argument about this
between Rebbe Yochanan and Reish Lakish.
Rebbe Yochanan holds that if they don't
designate a person, you're not allowed
to give over one Jew to die.
You're not allowed to.
But if they say, "We want this person,
this person." And they're coming after
him anyway. We want this person, then
Rebbe Yochanan says you're allowed to.
And the logic may be because he's going
to die anyway. So, what are you gaining?
When they just ask for any Jew, Rebbe
Yochanan everybody says you're not
allowed to. But here, Yichadu, they said
we want this person.
And if not, we kill everybody. So, Rebbe
Yochanan may says you're allowed to give
him over. And we could understand the
logic. Because if Mishna discusses this,
it's because
he's going to die anyway. In other
words,
they'll kill everybody plus him.
Cuz they want him. If they want him.
But Reish Lakish disagrees. Reish Lakish
says even if they designate a person,
you're not allowed to give him over to
death. And the Rambam embraces the view
of Reish Lakish.
If they say, "Give us this person. And
if not, we kill everybody."
Says the Rambam, "E may muchuyav misah
k'Sheva ben Bichri." If he was
deserving, if he was
deserving of the death penalty like
Sheva ben Bichri. Who's Sheva ben
Bichri? Sheva ben Bichri is a story in
Shmuel Bet perek chof. Sheva ben Bichri
staged a mutiny, a rebellion against
Dovid Hamelech and the kingdom of Dovid.
He wanted to overthrow Dovid, kill
Dovid, destroy Malchus Bet Dovid.
And Dovid sent Amasa and then Yoav,
commander-in-chief.
But
Sheva ben Bichri went to hide and made a
siege against the city. They wanted
Sheva ben Bichri.
And there was a wise woman who made sure
that Sheva ben Bichri was killed and
sent over the the fortress and everybody
was saved.
So from here the Rambam says if the
person was mechuyav misah like Sheva ben
Bichri, then yitnu oisah lahem. Then
they can give him up. But if he was not
mechuyav misah, if the come and
just say we want this particular Jew,
but he doesn't deserve to die,
the Rambam says you're not allowed to
give him up even though they say if you
don't give him up, we kill him, we kill
everybody else. You're not allowed to
give up this Jew.
I he's going to die anyway with
everybody else, so you're going to have
instead of one death, you'll have 20,000
deaths. You're not allowed to give him
up.
Again, according to the Rebyochanan,
you're not allowed to give up a Jew.
You're never allowed to give up a Jew
if they don't designate the Jew.
Why?
Fascinating halacha. You don't give up
even one for the many.
I you have a million Jews who are going
to be saved, you can't give up one for
the many. And we could also understand
it because any Jew you're going to want
to give up, why are you giving him up?
Give up on somebody else. So you're not
allowed to give up you're not allowed to
give up anybody.
According to the Rebyochanan, if they
designate a person, then you're allowed
to give him up. Why? Perhaps cuz he's
going to die anyway. So if he's going to
die anyway, so what are you gaining by
not giving him up? If you don't give him
up, everybody will die and him. And if
you give him up, only he will die. Or
you might say he's like a rodef, meaning
even though he's not trying to do
anything, but since they designated him,
so basically his presence is putting
everybody in danger, so they can
extricate him. That's the Biur Halacha
and Shita. But Resh Lakish says,
absolutely not. Even if they point their
finger, I want this individual Jew, and
he's not chayav misah. If he's chayav
misah, then Resh Lakish says you're
allowed to give him up, and that's the
Rambam's psak. But if he's not chayav
misah, you're not allowed to give him
up, and the whole community has to allow
themselves chas v'shalom to die.
And here comes the Shach. The Rambam
says, "V'ein morin lahem kein
l'chatchila."
And even if he's chayav misah,
you're not allowed to initially give
them this instruction.
If they come to the rav and they say
they want this Jew, he's mechuyav misah,
could we give him up?
Could we give him up?
You're allowed to. You're allowed to.
It's not called murder. But this is not
something you tell them to do
l'chatchila.
If they did it, it's fine, but it's not
it's not the guidance that we give. The
guidance that we give is you don't give
up anybody.
Even in such a case. Where did the
Rambam get this from?
This is from a fascinating story
in Yerushalmi Trumos, Yerushalmi Talmud
Maseches Trumos perek ches halacha
dalet.
It's a story about a man
who received a death penalty, an edict
of a death penalty from the government,
because of some capital crime, and he
ran away to the city of Lud, where there
was the great sage Rabbi Yehoshua ben
Levi, and he hid there.
The troops of the king put the city in
siege, and they gave an ultimatum,
either you give up this person, this
Jew, or we destroy the entire city, we
murder everybody.
What did Rabbi Yehoshua ben Levi do? He
convinced the person to go out and give
himself up in order to save men, women,
and a whole city of Jews. This is a
classic case where somebody was missing
by the Malchus. He ran into this
community. They didn't want to kill
everybody. They just wanted him.
And he was hiding and Shimon bar Levi
said, right? Which
would say you're allowed to do.
You could give him up. You don't have to
let everybody die. He's missing. So
you're allowed to give this Jew up.
But here's the end of the story.
Eliyahu Hanavi used to always come learn
with Shimon bar Levi. From that day that
convinced this Jew to give himself up,
Eliyahu Hanavi never came back to him.
Shimon bar Levi was fasting and he was
in deep pain and agony. Why did this
happen? Until Eliyahu Hanavi revealed
himself to him and said, "You want me to
reveal myself to
them and
you want me to reveal myself to people
who are ready to give up other Jews'
lives and allow them to die?" So Shimon
bar Levi said, "How do I
foresee this?" It's a
mission to do this.
That I'm allowed to do it.
The guy with the person was higher than
me. So I didn't just give up a Jew to
save everybody else. I gave up a Jew who
was deserving. He got the He There was a
an edict of fear edict of the death
penalty. That's who I gave up. I didn't
just give up a Jew to save my skin,
everybody else's skin. It's a mission.
You know what Eliyahu Hanavi said?
I know it's a mission, but is this a
mission of them?
In other words, a
a truly pious Jew doesn't behave
this way.
A mission it is. It's a hat there. It's
a license. But is this the way a pious
Jew behave? Mission
to me. Eliyahu Hanavi says, "I can't I
can't come to you anymore." In other
words,
Eliyahu Hanavi calls him a master, which
according to he's allowed to do.
But there's a different standard.
There's a different level of commitment
of love. And it's not the mission of a
there. Eliyahu Hanavi says, "I can't
come to you." The Rambam took the story
and codified it in Halacha. Now, this is
not a book of stories. The Rambam won't
tell you the story. I'm giving you the
background of the Rambam. How does the
Rambam codify the story? The ain maylin
l'chum kein l'chatchila.
This is not the guidance that we give a
community.
If they do it, they do it. Somebody who
knows the mission and knows that it's
permitted, okay.
We're not going to stop it, but this is
not the guidance that we give. Even such
a Jew, we will not give up and let
everybody die.
Ve'im einay chayav missa, and if he's
not chayav missa, then you're not
allowed to. Ye'hargu kulam ve'al yimsur
nafshos mi'Yisrael. If he's not chayav
missa, then everybody must allow
themselves to die and not give up even
one Jewish soul to the murderers who
want to kill them. Even though they're
threatening that they're going to kill
everybody, we do not give up even one
soul to die. And according to the
Rambam, even though he was designated,
they want this person, you still do not
give him up to die because he's not
deserving of it. He is not mechuyav
missa.
And I want you to think about
what would be the reason of Resh Lakish?
The guy's going to die anyway.
What do you care? If he's going to die
anyway, why do you need another 10,000
Jews to die with him?
He's going to die anyway. They want him.
They want this particular person.
If they don't want a particular person,
you could say who should we choose? We
choose this one?
Why him? Why is his blood any less
significant? Why don't we choose
somebody else? This one? Choose somebody
else. This one? Choose somebody else.
You can't say about anybody, "Fine. So,
we don't know what to do. So, in our
passivity, we let everybody die." Okay,
maybe I can understand that. Even then,
you have to really understand what that
means. I mean, you're allowing a million
people to die
instead of one person dying? Like
Who's the person Do we have somebody a
statistical expert here? You're allowing
1 million people instead of one.
But here, they're designating the
person. Oh, they want to kill him.
They're going to go kill him.
You can't say, you know, so if they want
everybody and then and they want one
person, who are you going to choose, you
know?
But here, you know who to choose. They
just want one person and they're going
to make sure to kill him when they kill
everybody cuz he was the guy that look
they're looking for.
And if you have a question, then it's
fine. You should look at it and say it's
not fine.
Unless he's high of missile cuz then he
deserves it and even then
the Rambam says in my real name can look
at him what a what a look.
This instruction is not conveyed to
them. If they know it, they know it, but
even if they don't know it, it's not
conveyed to them.
Fascinating a look.
Love.
Just as this is true
with forcing forcing somebody to do
something if not they're going to die,
the same is true with illness. It's also
a type of force. Case it.
If somebody is sick
and he's gravitating to death, it's it's
a it's a it's a life-threatening illness
and the doctors say
if he violates a certain prohibition in
Torah, this will be his remedy.
You're allowed to violate every
prohibition in Torah to bring remedy to
this person.
This is what the Rambam is saying, the
same principle that we learned before.
If somebody points a gun to a Jew's head
and he says either you violate Shabbos
and you eat non-kosher I kill you, you
have to violate Shabbos in order to save
your life. Here may not be a gun and a
murderer, it may be an illness. The
illness is threatening him. And if he
eats chametz on Pesach or eats on Yom
Kippur, he's going to save HIS LIFE. IF
NOT, he's going to die. And the doctor
says we need to violate a mitzvah in
order to save his life. He needs to eat
eat swine. He needs to eat bacon and
eggs for breakfast in order to save his
life.
Or he needs to eat bread on Pesach.
Whatever the situation is, any issur,
the halacha is, you have to violate the
mitzvah and commit the sin in order to
save his life.
Besides, if what's demanded of him is
idolatry, adultery, or murder. Tell if
we kill this this person needs a heart
transplant. So let's murder this person
and we'll get his heart and we'll save
his life. That you're not allowed to do.
Every other aveira you're allowed to do.
Murder, adultery, and idolatry you're
not allowed to even shafcha makom
sakanah mishap
Even if the person's life is in danger.
In other words, as a result of keeping
this mitzvah, you're going to die,
you're not allowed to violate these
mitzvahs in order to find a remedy.
What if he doesn't listen to the halacha
and he goes and he does one of these
sins, he kills, or adultery, or idolatry
in order to find the remedy because he
wants to be healthy, he wants to live,
then the halacha is Beis Din punishes
him according to the appropriate
penalty.
And I know what you're thinking. In
halacha, the da'as of the Rambam said
that if somebody killed somebody because
he was forced to kill him, if not, he
would die, you don't punish him. And
here by healing, you do punish him.
What's the difference?
Gevaldige question. What's the
difference? This is also an oines. There
he was forced and he was forced. The
poor guy is sick. He doesn't want to
die. That's why He's not trying to
commit idolatry, or adultery, or murder.
The guy's trying to save himself. Just
like in the previous case. The reason he
shot the other person was to save
himself. Over there you don't punish him
because it wasn't b'meizid. He didn't
want to do it. He was forced. No one
here.
What's the difference?
So this will leave I want you to think
about this. Come up with an answer.
Put it in the comments.
Here on the Yeshiva.net you could put in
the comments and at the segment in the
question and answer segment bli neder,
we'll discuss it and address it. Think
about it. You see the big question,
right? What's the difference between
halacha dalet and halacha
vav? Think about it and let me know what
you have to say about it. Fascinating
contradiction in the Rambam, just a few
halachas apart.
I want you to have it when you learn,
these are the types, this is the way you
have to learn. Otherwise, you won't
understand, appreciate what is the
definition of every law, what is the
patterns that we are following. Here we
see a blatant contradiction between two
people, both were forced to commit a sin
that they were not allowed to, but they
were forced, they did not want to do it.
This Jew would have loved to be healthy
and not kill anybody for his health, for
his life.
And nonetheless, in one case we will
never punish the person cuz we say the
poor guy was coerced. Listen, he didn't
want to.
Even though he was wrong, but he didn't
want to. And in this case, we will
punish him. We hold him responsible.
Interesting. Zai.
Now we go to the source.
You told me in halacha in the beginning
of halacha aleph, you told me why you're
allowed to violate every mitzvah to save
your life. It says, "V'chai bahem." Why
are there three mitzvahs for which I
should die? Why don't we say, "Live. You
always have to live. If a mitzvah brings
you to death, don't do it. Idolatry, do
idolatry. Adultery, do adultery. Murder,
do murder. You got to live."
Halacha
How do we know that even when your life
is in danger, you never transgress one
of these three sins, even if it means
forfeiting your life? It says, "V'chai
bahem." The Ribono shel Olam wants you
to live through Yiddishkeit, NOT TO DIE
THROUGH YIDDISHKEIT. By the way, a very
powerful principle, not just
halachically, but also emotionally and
psychologically. Yiddishkeit was not
meant to make you die, it was meant to
make you live. But there's an exception.
Why? Says the Rambam,
we say in the Shema parsha in verse 6,
"You should love Hashem with all your
heart, with all your soul, and with all
your
might or with all your money and that
means
with all your soul. What does it mean to
love Hashem with all your soul? To be
ready to give him your entire soul even
if he takes your soul. So here we see
that the Torah clearly makes an
exception that when it comes to
Hashem with all your soul when I am
being forced and challenged to be
detached and separated from the true
core of every Jew, Hashem
even if he takes
my soul. The biggest picture is
the biggest picture.
What about murder?
Why can't I kill somebody to save my
life? They're telling me if you don't
kill him, you die. Why can't I do it? I
want to live. He says murdering another
Jewish soul in order to heal
another soul. Somebody is sick and he
needs to he needs somebody's heart in
order to heal
or whatever the situation is but death
this death is going to make him die.
Why?
Or perhaps save somebody from
an anus. An anus means a murderer. He's
trying to kill me
and I want to save myself and the only
way I could save myself is killing
another person. The Rambam says
why did the say I'm not allowed to do
that? No way to lie to you.
This is something that the mind
dictates. This is absolute logic.
You can't destroy one soul for another
soul. If you're telling me to eat on
Pesach in order to save my life, it's
not a problem. I have a problem.
I have a problem. God says I don't want
you to eat on Pesach but not if it's
going to cause you death. The mitzvahs
are made to live not to die.
But in order to take to tell me to take
somebody else's soul in order to save my
soul or to save another soul
that doesn't make sense.
Why are you murdering one person in
order to save another person? I
have a fetish with a fetish.
The whole reason you're murdering him is
to save soul. So, if the saving a soul
is the highest priority, so you can't
contradict yourself. Your highest
priority is saving somebody. So, how you
doing it? By killing somebody else? That
wouldn't doesn't make sense. You're not
allowed to do it. And this is based on
the Gamara in Pesachim Kaf Hey. I told
you a Jew came to Rava and said, "The
governor is going to murder me if I
don't murder somebody else." And Rava
said, "Why is your blood redder than his
blood?" In other words, why is your life
more significant? Or as Rashi puts it
there very beautifully, there's a
beautiful Rashi over there. Rashi says
this is Pesachim Daf Kaf Hey Amud Beis.
Rashi says, "It's true that saving a
life overrides all mitzvos and sins in
the Torah. Pikuach Nefesh doiche kol
ha'Torah kulah tzu." But why? "Mipnei
chibas nafsho shel ish Yisrael."
Because of the love of a Yiddishe
Neshama, because of the love of life.
We are radical lovers of life. We will
do anything to save a life. The love of
life overrides all other moral and
spiritual priorities in Torah. So, all
610 mitzvos, you can violate in order to
save a life.
Says Rashi, "But if that's the case, the
point is saving a life, then
if in order to save a life, you're
murdering a life,
then the whole thing falls apart. Why?
Because the whole reason is in order
to show and demonstrate the love of a
nefesh, the love of life. So, how could
you murder another life? Where Where is
the love of life there?
And who says that the love of your life
triumphs and trumps the love of his
life?
So, the Rava says, "I'm sorry, you can't
do it.
You can't go actively murder another Jew
in order to save your own skin.
Halacha, we don't we we don't allow you
to do that. We won't punish him, as the
Rambam said earlier,
but we will also not allow it.
What about adultery? What about
adultery?
Fascinating. I write a social fascist.
Adultery is compared to murder.
It speaks about when somebody abducts a
woman and rapes her.
And the passage says this is like
murder.
Just like when somebody
jumps on his friend and murders him.
Cain over hazard.
To violate this married woman, abductor,
violator, behave in a promiscuous way to
rape this person is considered murdering
the woman. This is fascinating.
That thousands of years ago
compared this act to murder.
This act of molestation of rape, of
abduction and rape is considered murder.
So therefore,
if I am told to commit adultery,
and if not I die, I'm basically being
told to commit an act of murder.
I'm murdering somebody. Not physically.
The The woman is going to live, but
emotionally the Torah says this is like
murder.
I'm not allowed to murder somebody to
save my life.
Sorry.
When are you now allowed to
use prohibited substances to healing?
Only if your life is in danger. But my
children are not also.
If you're utilizing it according to the
normal pattern of benefiting from it.
For example, you give a sick person are
creeping insects that are forbidden to
eat. I eat it on Passover.
No. If you're sick and your life is in
danger, absolutely yes. You're allowed
to eat on Passover. No. You're allowed
to eat creeping insects or pig or Or
meat? No. It's treif. It's not kosher.
But if your life is in danger, if you're
sick,
then you're allowed. Only if you're
sick, but if you're not sick, the Torah
says you're not allowed to eat these
things. Al v'shelo derech hana'ah,
awesome. What if you're utilizing these
substances? The Torah says you're not
allowed to eat not in the normal way
that you benefit from it. In other
words, you're not eating it
They make a bandage or a compress from
chametz or arlah, the fruit of the first
3 years, which you're not allowed to eat
and you're not allowed to benefit from.
But they take the chametz, they turn it
into a bandage, and they are now helping
your wound.
Or they take a very bitter substance
which is not pleasurable for the palate,
and they mix in into that bitter
compound, concoct, they into that bitter
food they mix in something that's
forbidden. So even though you're eating
it, it's not called eating because it's
actually horrible, there's no benefit.
Harei zeh mutar liflush l'makan sakana.
Then even if your life is not in danger,
you're allowed to enjoy and benefit from
these prohibited substances because the
Torah says about them you shouldn't eat
them.
So if I'm eating them and there is a an
enjoyment in the eating, then I'm not
allowed to. But if I take I turn it into
a bandage or a compress, or it becomes
disgusting to eat, you're allowed to do
it even if your life is not in danger.
Chutz m'kil'ay hakarem u'basar b'chalav
l'mafilush l'derech hana'ah. The only
exception is kil'ay hakarem u'basar
b'chalav, meat and milk mixed together,
and kil'ay hakarem is the hybrid of a
vineyard when you plant grain or
vegetables. Let's say you take kernels
of barley or wheat and you plant it in a
vineyard and it's mixed with the seeds
of the grapes, and therefore the produce
that grows is a hybrid, a combination,
kil'ay hakarem of the vine, clusters of
grapes with grain or vegetables. This
food is forbidden just like meat and
milk, and the Torah here doesn't use the
word eating.
Therefore, any type of benefit, even a
bandage, or even if it's bitter, I mix
it into a bitter concoction. You're not
allowed to benefit from it as a
supplement of pleasure.
Therefore, you can't use them as a
remedy, even if you're not eating it. In
other words, you're not enjoying it in
the regular way that you enjoy grapes,
if your life is not in danger. If your
life is in danger, eat meat, eat milk,
eat chametz, eat garlic, eat clay of
Kerem.
Do anything, violate any sin, any
mitzvah in order to save the person's
life. But if not, you have this
distinction if it's bederech hana'ah or
shelo bederech hana'ah. Test.
Mishnah Beisha fascinating
Mishnah Beisha
If somebody casts his eyes on a woman,
and the crush was so intense, he became
sick
from this crush, from this affection,
and he was so sick, he was going to die.
One of the rabbis from the doctor said,
"There's only one way we're going to
save this guy's life. If you allow him
to have intimacy with her."
The halacha is,
we allow him to die. He's not allowed to
have intimacy with this woman.
If she's a married woman, we understand
he would be committing adultery. She's a
married woman. If she's a married woman,
we understand.
She's not a married woman. If she's not
a married woman, so it's not a gather of
gilyan arayos. I mean, it's not
appropriate for a man to have relations
with a woman. It's forbidden, even if
she's not married.
But this is not adultery. She's not a
married woman.
And the Gemara asks a question. Why
doesn't Why don't you marry her? Just
marry her.
If she's a single woman, she's not
married TO ANYBODY, JUST MARRY HER. The
answer is the Gemara says he doesn't
want to marry her.
He wants to do something that is mayim
gnuvim yimtaqu. He wants, you know, he
wants the stolen water. He doesn't want
to marry her. He
The whole idea is that it's not done in
the right in the regular normal way.
If he wants to marry her, great. He
agrees, she agrees, you get married,
have a wonderful life together. You
don't have to die.
But either she doesn't want to marry
him, she doesn't agree, or he's not
interested in that. So, the Halacha is
Yamos Val Ti Boy Allah.
Whether she's married or not married,
we will allow him to die. We will not
tell him go have relations. I feel a
David in my heart that God there ain't
waiting like a buck.
And even if we just tell them, you know
what? Go behind the fence and speak to
her.
Sit for hours and have conversations. If
he does it, he does it, but we will not
go tell him to do it. Why not? Why not?
The Yamos Val Yado ain't my little
brother cuz the Yamos he shall he will
die Val Yado
the the courts will the court Jews
called will not tell him go go spend
hours, days, and nights with her behind
the fence and Schmooze and have an
enjoyable conversations and you will
satisfy your need. Why? It's not
forbidden.
Why does this is this more important
than death? I could understand he's not
allowed to commit adultery even if he's
sick. Because he's sick and he's going
to die, he's not allowed to commit
adultery. But in all of these
situations,
it would seem to make sense to go tell
him go do whatever you have to do. She's
not married, go Schmooze, go be with
her, etc. etc.
in order to save your life. And the
Rambam says the reason is unbelievable.
She lied you beneath the straw have
given you a void of the bottom of the
fridge by right house.
This was an extraordinary precaution
they took to safeguard the intimacy of
Jewish girls.
They were afraid that if these types of
things are allowed, the the the many of
the Jewish people will come to breach
the boundaries between men and women
and engage in promiscuity. And women
could be used and abused and
manipulated. This person says, "I'm in
love. I'm going to die." Oh, are you
going to die? Do whatever you want. Go.
Have fun. Go take this girl. Take her.
Next week is another girl. They were so
they wanted to safeguard the boundaries
of morality, of intimacy, of
relationships, and the respect of every
single Jewish girl and woman. So, if he
goes behind the fence and he speaks to
her, it's fine. We're not going to We're
not going to
pull pull him away so that he should
die. But, to go give him the
instructions to do this, this is not the
blueprint of halakha, even though this
is such an extreme situation cuz this
guy is so sick.
I mean, physically sick.
Till now, the Rambam spoke about life
versus death.
Sometimes you live and you don't die.
And sometimes you have to be ready to
die, and that's how you commit the
mitzvah of kiddush Hashem and the
opposite of hillul Hashem. You don't
make a hillul Hashem. Now, the Rambam
takes a shift. Now, we're speaking about
living.
Anybody who willingly, not being forced,
violates any mitzvah of the Torah b'shat
b'nefesh. B'shat b'nefesh means the
person does it
with
a sense of denigration. L'hakhis, in
order to provoke God, to provoke the
Jewish people. You In other words, it's
not a personal benefit to have a weak
moment. I'm lazy, I'm hungry, I'm
exhausted, I'm in pain. This is really
intentionally to provoke, to get God
angry, the Jewish people angry. Had it
been a hillul Hashem, this is a
desecration of Hashem.
That's why it says when somebody swears
falsely, v'hillal Hashem l'khakha
Hashem. Why is that a desecration of
Hashem's name? It's one of the mitzvahs,
swearing.
Because when he swears falsely, why are
you swearing in Hashem's name falsely?
Why are you doing it?
If I ate something that's wrong, you
could say, "Okay, I was hungry." But,
this oath is simply l'hakhis, to
denigrate kedusha, to denigrate
Yiddishkeit, to denigrate Hashem. Imma
b'sodam, it's all right. If you do it
publicly, here is a hillul Hashem
b'rabim. This is a public desecration of
Hashem. Hin kol poideish may avayda.
Conversely, somebody who separates from
a sin, I also mitzvah does a mitzvah
l'may ba'al ilum, not for any ulterior
motive, loy pachad, not because of
dread, loy yirah, not because of fear,
loy lavakesh kavod, not to seek glory,
he does it for one motive and that is
for the creator. Like Yosef HaTzadik,
Yosef the righteous one, who prevented
himself from engaging in a relationship
with the wife with the in the relation
with the wife of his master, Potiphar's
wife in parshas Vayeishev, this is
mekadesh Hashem. Just like in chillul
Hashem, the reason somebody is doing
this sin is not because he's afraid or
because he's starving or because he
needs the kavod, he's doing it just to
get God angry. So to speak, a stab at
God. This is chillul Hashem and if it's
public, it's a public chillul Hashem.
Conversely, the same thing. When a Jew
does a mitzvah, any mitzvah, we're not
just talking about dying for these two
minutes, we're talking about any
mitzvah,
or prevents himself from any aveira,
LIKE YOSEF HATZADIK, AND HE'S DOING IT
WHY? NOT because there's a side benefit,
somebody's going to pay me, I'm going to
get kavod, I'm going to get attention,
I'm going to get validation, I'm afraid
not to do it, I'm afraid for my bad
reputation, I'm afraid of a punishment,
I'm afraid of the world to come, I do it
for the creator, this is an act of
kiddush Hashem.
Last halacha, the Rambam now speaks
about a new category of kiddush Hashem.
First he spoke about kiddush Hashem in
terms of giving up life. Now he spoke
about kiddush Hashem in halacha yud in
terms of doing a mitzvah or abstaining
from sin,
privately or publicly, just for the sake
of Hashem, for no other reason, because
Hashem b'nay HaBorei Baruch Hu, that's
kiddush Hashem. And now there's a third
category of kiddush Hashem and chillul
Hashem,
which has to do with the way I live.
V'yeish d'varim acherim she'heim b'chlal
chillul Hashem. There are other things
that are included in chillul Hashem in
addition to what we discussed above,
which is certain cases in which I which
I choose to live and desecrate God's
name. For example, I murder another
person to save my life. That's a
hillul Hashem.
And if it's publicly, it's a hillul
Hashem. Or I do any sin
in order to desecrate Hashem's name,
that's a hillul Hashem. There's other
things that are hillul Hashem, but only
v'ushiyaso ish adam gadol b'Torah
umefursam b'chisidus.
If they're done by somebody who's a
great giant in Torah and somebody who's
known for his or her
piety. Dvarim she'a brius medanim
acherim bishvil mafgi'a b'ma'avodah.
Things that causes human beings to talk
negatively about him even though they're
not explicit sins. Harei zeh hillul
Hashem. This is a unique hillul Hashem
based on your status, which means it's
relative. This is not an absolute hillul
Hashem for everybody. We have to know
who you are. You have to know how people
perceive you. You have to know your
influence. Just like you have to know
your flaws, you have to know your milos.
You have to know your power. And
therefore, you have to be sensitive to a
certain types of behavior and be very
cautious. Things that will cause human
beings
an impression that will denigrate you
and ultimately denigrate what Judaism
stands for. Even though they're not
sins, but for this person becomes a
hillul. K'gan,
listen to this example. Shallacha
b'noisim me'acharei bishvil mafgi'a
b'ma'avodah.
This person buys and he doesn't pay for
it right away.
V'ushiyashlai, it's not that he doesn't
pay for it because he doesn't have
money.
He has the money. But he doesn't pay you
know.
What's the big deal? You're not allowed
to take on credit. V'nimtzu hamochrim
to'avin v'hu makifam. Now what happens?
It's not like he says, "I'm coming back
tomorrow. I'm coming back in a week. I'm
coming back in a month. I'm taking a
loan and I'm paying you." No. The
mochrim
are to'avin. They they they they're
demanding from him. Nu, v'hu makifam.
And he just you know, he he he he he he
he he he he he he he he he he he he he
he he he He keeps them running in
circles. Every time they have to come
back, nu no, no." He comes to the store,
"No, not now." They come to his house
and everybody sees this. And what's
their impression? Their impression is
that he's a thug, he's a thief, he's not
ready to pay his bills.
No,
you're going to say it's an aveira? I'm
not allowed to have a I'm not allowed to
have credit in the store and I'm pushing
you off. I have the money, BUT I'M
PUSHING YOU OFF. BUT FOR THIS PERSON it
becomes a chillul Hashem. Because this
person is a godol beteer he's mefursem
bechisidus. In other words, people come
to confuse him with Judaism.
They confuse him with Judaism. This is
Judaism's standard. You could just stop
in the blood. Somebody bought this food,
they paid money for it. This is their
parnassa. You don't have, you don't
have. But if you have and you're such a
type of person, it's a desecration of
Hashem. Fascinating halacha. And
remember it's relative. For another
person it's not a chillul Hashem at all.
He's a simple guy, he may have the
money. Okay, he's pushing you off. He
may may not be the nicest thing in the
world, may not be noble, paying back you
own the money, but it's not called a
chillul Hashem.
Another example, ya'avor beshchak.
He increases frivolousness like you know
mockery, laughter.
He hangs out and is eating and drinking
with amei ha'aretz. Amei ha'aretz was a
group of people we're going to learn
about them later. Literally it means the
people of the earth, but there was a
group of Jews who were not very
scrupulous
and sensitive to the morality of Torah
and mitzvos.
And when this person, you know, he's the
successive frivolousness and so forth,
also it's
it lowers what Yiddishkeit stands for,
which is a life of of nobility, of
refinement, of of purity.
Listen
to this.
His way of communicating with people is
not pleasant.
Is it a sin? It's not a sin. He's not
eating horse meat, he's not eating on
Yom Kippur, he's not committing murder.
But for this person it's a chillul
Hashem that his language with people is
is brute, is obnoxious. Come and visit
me upon my office.
He doesn't welcome people with warmth,
with a pleasant countenance. It's a sin.
He's a He's a little obnoxious. He's
having For him, it's a
It creates a
Why? Again,
people are confusing him with Judaism.
And Judaism
wants us to welcome every person
beautifully and warmly, not to be stingy
with love and warmth and compassion and
pleasantness.
Next,
Tata.
The cast, he's a man with a bad temper.
He gets angry. Means he's a quarreling
person, confrontational, obnoxious,
rude. You know, always picks a fight.
BUT HE'S A
THERE ARE PEOPLE WHO DO THAT. THEY never
you know, lose an opportunity to to to
to to fight, to to confront, to be
obnoxious.
Based on the greatness of the sage, he
has to be more meticulous with himself
and go beyond the letter of the law.
With
means the the line of the law. He has to
go
inside the
deeper deeper
As I once heard what's the name?
What's
the name?
Right?
The letter of the law and you say he has
to go
In other words, his line has to go
has to be perhaps moved back. He can't
allow himself the the luxuries that
other people may allow themselves
because he's a person who embodies the
principles and the values and the kind
of refinement of Torah and Mitzvahs.
Now is the opposite. This is
Now let's go to the opposite.
If this great sage was meticulous with
his life and he speaks pleasantly,
beautifully with all creatures. Means
all creatures by the way, Jews and
non-Jews.
And his mind is mixed in with people.
Meaning he's he's an integrated person.
I want to see how they translate. The
diet I may or may not have seen them.
When a stage is treated with himself, he
speaks pleasantly with others. His
social conduct is attractive to others.
In other words, he behaves in a
menschlich way. The way he is with
people, he is empathetic, he's
understanding. He's warm, he's
sensitive. Diet I may or may not have
seen them
he relates to people. I'm a couple of
the same upon him your office and he
welcomes them with a pleasant
countenance. Vanilla of May Ham the
inner oil bomb and even if somebody
embarrasses him, he will be humbled by
them, but he will not stoop down to
their level and he will not embarrass
them in return. He will not go and and
denigrate them and try to crush them in
return. He does not do that. In other
words, sometimes people might say things
that are disrespectful. He will not
reciprocate. He's not that person. The
Hobbit land instead, he will respect
them for a feeling of my killing light
even the lowly among them, even those
who uh may, you know, mock at him or
denigrate him or make fun of him, but he
will not step down to their level and he
will maintain respect to every single
person, even those he knows are behaving
in an inappropriate way towards him.
The noise save the noise and bear moon
on
Very interesting. He conducts his
business faithfully with faithfully with
earnestness, with honesty, with
integrity.
This is the person we're talking about.
The lawyer of the barracks on mayor of
the usual vessel.
And he does not frequently accept the
hospital hospitality of those people who
are unscrupulous again to sit around and
hang around which engages in
conversations that are often, you know,
slander or gossip or idle or empty or
just toxic. The lawyer told me a lot of
the toilet after the
most of the film voice of the whole mice
of the show is something.
And he's visible when people see him
at all times he's seen immersed in
Torah,
wrapped in tzitzit, crowned with
tefillin, and all of his activities all
the flimflammer said that he doesn't
just try to be a yutz. He goes beyond
the letter of the law to do the right
thing.
He doesn't become an aloof, sublime,
distant person who goes into spiritual
segregation and isolation. He doesn't
separate himself too far from normal
living and becomes forlorn. In other
words, there are people who are immersed
in Torah, crowned in tefillin, bedecked
in tzitzit, doing everything in the most
religious way, but nobody can have a
relationship with them. You know, the
holier-than-thou attitude. Who are you
for me to be with you? I become
completely segregated. That's what he
says. You become remote. You
become like a a strange person, one that
nobody can have relations with. That's a
condition.
So, this person becomes a person
that everybody praises him and they love
him
and they want to emulate him. He becomes
a living example of how a Jew is
supposed to live.
They praise him, they love him, and they
find his deeds appealing, attractive.
This is something I want my child to
look at this person, to to grow up like
this person. I would like to
to you know, to tear a page off his book
and and emulate him. I raise a kiddush
Hashem. This is a person who's kiddush
Hashem. He's sanctifying Hashem because
he's a living example of what Hashem is
and what Hashem wants from a person.
For love of Hashem, on this
And he said to me, Israel, you are my
servant in whom I will be glorified.
Hashem says, this is the person in whom
I boast. I brag with him. I am glorified
through him. This is my beauty. This
refers to this person. So, this is the
last category of Kiddush Hashem and
Hillul Hashem. It's not about giving up
life. It's not even about not doing a
certain aveda or doing a mitzvah for
Hashem. But, it's the way a person lives
every single day his or her life can
become a living Kiddush Hashem. This
concludes the fifth chapter of Hilchos
Yesodei HaTorah.
Let's take questions.
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