Sefer Daniel Chapter 6 Based on HaRav Yaakov Medan https://etzion.org.il/en/tanakh/ketuvim/sefer-daniel/daniel-11-lions-den-1 and https://etzion.org.il/en/tanakh/ketuvim/sefer-daniel/daniel-11-lions-den-2
(ד) אֱדַ֙יִן֙ דָּנִיֵּ֣אל דְּנָ֔ה הֲוָ֣א מִתְנַצַּ֔ח עַל־סָרְכַיָּ֖א וַאֲחַשְׁדַּרְפְּנַיָּ֑א כׇּל־קֳבֵ֗ל דִּ֣י ר֤וּחַ יַתִּירָא֙ בֵּ֔הּ וּמַלְכָּ֣א עֲשִׁ֔ית לַהֲקָמוּתֵ֖הּ עַל־כׇּל־מַלְכוּתָֽא׃ (ה) אֱדַ֨יִן סָֽרְכַיָּ֜א וַאֲחַשְׁדַּרְפְּנַיָּ֗א הֲו֨וֹ בָעַ֧יִן עִלָּ֛ה לְהַשְׁכָּחָ֥ה לְדָנִיֵּ֖אל מִצַּ֣ד מַלְכוּתָ֑א וְכׇל־עִלָּ֨ה וּשְׁחִיתָ֜ה לָא־יָכְלִ֣ין לְהַשְׁכָּחָ֗ה כׇּל־קֳבֵל֙ דִּֽי־מְהֵימַ֣ן ה֔וּא וְכׇל־שָׁלוּ֙ וּשְׁחִיתָ֔ה לָ֥א הִשְׁתְּכַ֖חַת עֲלֽוֹהִי׃ (ו) אֱ֠דַ֠יִן גֻּבְרַיָּ֤א אִלֵּךְ֙ אָֽמְרִ֔ין דִּ֣י לָ֧א נְהַשְׁכַּ֛ח לְדָנִיֵּ֥אל דְּנָ֖ה כׇּל־עִלָּ֑ה לָהֵ֕ן הַשְׁכַּ֥חְנָֽא עֲל֖וֹהִי בְּדָ֥ת אֱלָהֵֽהּ׃ {ס}
(4) This man Daniel surpassed the other ministers and satraps by virtue of his extraordinary spirit, and the king considered setting him over the whole kingdom. (5) The ministers and satraps looked for some fault in Daniel’s conduct in matters of state, but they could find neither fault nor corruption, inasmuch as he was trustworthy, and no negligence or corruption was to be found in him. (6) Those men then said, “We are not going to find any fault with this Daniel, unless we find something against him in connection with the laws of his God.”
Why were these ministers jealous of him? Was this simply a matter of routine court politics, with functionaries naturally disposed to trying to bring down whoever is more senior than themselves, with a view to being promoted to replace them? It would seem that there is room to draw a parallel between the attitude of the satraps towards Daniel and the views held by Haman, just a few years later, during the kingdom of Persia and Media:
(ח) וַיֹּ֤אמֶר הָמָן֙ לַמֶּ֣לֶךְ אֲחַשְׁוֵר֔וֹשׁ יֶשְׁנ֣וֹ עַם־אֶחָ֗ד מְפֻזָּ֤ר וּמְפֹרָד֙ בֵּ֣ין הָֽעַמִּ֔ים בְּכֹ֖ל מְדִינ֣וֹת מַלְכוּתֶ֑ךָ וְדָתֵיהֶ֞ם שֹׁנ֣וֹת מִכׇּל־עָ֗ם וְאֶת־דָּתֵ֤י הַמֶּ֙לֶךְ֙ אֵינָ֣ם עֹשִׂ֔ים וְלַמֶּ֥לֶךְ אֵין־שֹׁוֶ֖ה לְהַנִּיחָֽם׃
(8) Haman then said to King Ahasuerus, “There is a certain people, scattered and dispersed among the other peoples in all the provinces of your realm, whose laws are different from those of any other people and who do not obey the king’s laws; and it is not in Your Majesty’s interest to tolerate them.
Up until this point, pure anti-Semitism is practically unknown in Tanakh. The war against Babylon had a clearly nationalistic background. The Babylonians had nothing against Jewish faith in God and His Torah; they seem to have had no problem with Jews being Jewish. The Kingdom of Yehuda was destroyed as part of a broader, regional conflict – specifically, between the Babylonian Nevukhadnetzar and the Egyptian Pharaoh. The Kingdom of Yehuda, under King Tzidkiyahu, chose to cooperate with Pharaoh and his allies and to turn its back on its covenant with Nevukhadnetzar – and that is what led to its fall.
It is difficult to define the reason for pure hatred of Jews. Historians have invested great efforts in trying to understand modern anti-Semitism. We may posit that a nation which views itself – and rightly so – as the eternal nation, surviving and persisting where all others have arisen and eventually declined, represents a threat to other nations, giving rise to potent hatred. In any event, under each different world power, Am Yisrael is forced to address a different challenge. Daniel was persecuted by the royal ministers apparently simply because he was Jewish. The prohibition of prayer was just an excuse, as the text itself makes clear.
Why was it specifically in the kingdom of Persia and Mede that hatred of Jews developed? Perhaps the answer has more to do with time than with place. Am Yisrael was the first nation to be exiled and still retain its national spirit. Its people, such as Daniel and his companions, were shown to be courageous and talented. This was a threatening phenomenon, and perhaps it is this that gave rise to hatred. Indeed, it is during the Second Temple Period that we find this sort of anti-Semitism manifest elsewhere, as well, especially in Egypt. Josephus, in his Against Apion and in his autobiography, The Life of Flavius Josephus, engages in polemics with writers of his times and of previous generations who hated Jews. The Egyptian historian Manetho had created a history of the Jewish People from the time of the Exodus, presenting a clearly anti-Semitic perspective, and Josephus countered his claims as well. It seems that this was also one of the aims of his great oeuvre, Antiquities of the Jews.[3] In this book, Josephus aspired to provide the Hellenist Roman reader with an organized picture of Jewish history and to supply firm proof for each of the historical assertions about the nation, thereby disproving the claims of those who hated them.
(3) This work was intended mainly as a commemoration of the Jewish nation, which was gradually being eradicated under the yoke of the Roman Empire. Through the book, Josephus sought to convey to the world the Jewish heritage and to present the contribution of the Jewish nation to the development of mankind. From the perspective of this world-view, there is a similarity between the two comrade-adversaries – Elazar ben Yair, atop the walls of Masada, and Josephus, in the camp of the Roman army down below, laying siege to the Jews. Both were leaders of the Great Revolt up until Josephus's defection. At the sight of the well-oiled, efficient Roman war machine, both appear to have arrived at the conclusion that the Jewish nation had reached the end of its path. They were divided as to what this meant in terms of choosing a course of action. Josephus joined the stronger side which, it appeared to him, would be leading the world from this point onwards. He remained a Jew in his faith and in his private conduct, but cut off from the Jewish nation which, to his view, was about to be annihilated. Elazar concluded that the end should be met with courage and dignity, rather than with submission to the oppressor who was squeezing the life out of the Jewish nation. Both figures, in a certain sense, stood in contrast to Rabban Yochanan ben Zakkai, who understood that Jewish independence, Jerusalem, and the Temple were lost, but believed in the continuation of Jewish existence around the Torah and the land. He asked for "Yavneh and its Sages" in order to continue with them until the Temple could be rebuilt. See Rosh ha-Shana 30a; Sukka 41a; Beitza 5b; Menachot 68b.
(ז) אֱ֠דַ֠יִן סָרְכַיָּ֤א וַאֲחַשְׁדַּרְפְּנַיָּא֙ אִלֵּ֔ן הַרְגִּ֖שׁוּ עַל־מַלְכָּ֑א וְכֵן֙ אָמְרִ֣ין לֵ֔הּ דָּרְיָ֥וֶשׁ מַלְכָּ֖א לְעָלְמִ֥ין חֱיִֽי׃ (ח) אִתְיָעַ֜טוּ כֹּ֣ל ׀ סָרְכֵ֣י מַלְכוּתָ֗א סִגְנַיָּ֤א וַֽאֲחַשְׁדַּרְפְּנַיָּא֙ הַדָּֽבְרַיָּ֣א וּפַחֲוָתָ֔א לְקַיָּמָ֤ה קְיָם֙ מַלְכָּ֔א וּלְתַקָּפָ֖ה אֱסָ֑ר דִּ֣י כׇל־דִּֽי־יִבְעֵ֣א בָ֠ע֠וּ מִן־כׇּל־אֱלָ֨הּ וֶֽאֱנָ֜שׁ עַד־יוֹמִ֣ין תְּלָתִ֗ין לָהֵן֙ מִנָּ֣ךְ מַלְכָּ֔א יִתְרְמֵ֕א לְגֹ֖ב אַרְיָוָתָֽא׃ (ט) כְּעַ֣ן מַלְכָּ֔א תְּקִ֥ים אֱסָרָ֖א וְתִרְשֻׁ֣ם כְּתָבָ֑א דִּ֣י לָ֧א לְהַשְׁנָיָ֛ה כְּדָת־מָדַ֥י וּפָרַ֖ס דִּי־לָ֥א תֶעְדֵּֽא׃ (י) כׇּל־קֳבֵ֖ל דְּנָ֑ה מַלְכָּא֙ דָּֽרְיָ֔וֶשׁ רְשַׁ֥ם כְּתָבָ֖א וֶאֱסָרָֽא׃
(7) Then these ministers and satraps came thronging in to the king and said to him, “O King Darius, live forever! (8) All the ministers of the kingdom, the prefects, satraps, companions, and governors are in agreement that a royal ban should be issued under sanction of an oath that whoever shall address a petition to any god or man, besides you, O king, during the next thirty days shall be thrown into a lions’ den. (9) So issue the ban, O king, and put it in writing so that it be unalterable as a law of the Medes and Persians that may not be abrogated.” (10) Thereupon King Darius put the ban in writing.
We may assume that this decree was issued close to the beginning of Darius's reign (which, as noted, was of brief duration). The Median Empire was in its early days; the king had no way as yet of knowing who was loyal to him and who was not, who was likely to rebel and who was probably going to remain quiet. Houses of prayer and religious speakers would influence the ability of every nation and language to organize itself one way or the other. An emergency measure prohibiting public gatherings and prayer services that might possibly be subversive might therefore be interpreted as a proper measure to consolidate the rule of the new king – Darius the Mede.
(יב) אֱ֠דַ֠יִן גֻּבְרַיָּ֤א אִלֵּךְ֙ הַרְגִּ֔שׁוּ וְהַשְׁכַּ֖חוּ לְדָנִיֵּ֑אל בָּעֵ֥ה וּמִתְחַנַּ֖ן קֳדָ֥ם אֱלָהֵֽהּ׃ (יג) בֵּ֠אדַ֠יִן קְרִ֨בוּ וְאָמְרִ֥ין קֳדָם־מַלְכָּא֮ עַל־אֱסָ֣ר מַלְכָּא֒ הֲלָ֧א אֱסָ֣ר רְשַׁ֗מְתָּ דִּ֣י כׇל־אֱנָ֡שׁ דִּֽי־יִבְעֵא֩ מִן־כׇּל־אֱלָ֨הּ וֶֽאֱנָ֜שׁ עַד־יוֹמִ֣ין תְּלָתִ֗ין לָהֵן֙ מִנָּ֣ךְ מַלְכָּ֔א יִתְרְמֵ֕א לְג֖וֹב אַרְיָוָתָ֑א עָנֵ֨ה מַלְכָּ֜א וְאָמַ֗ר יַצִּיבָ֧א מִלְּתָ֛א כְּדָת־מָדַ֥י וּפָרַ֖ס דִּי־לָ֥א תֶעְדֵּֽא׃
(12) Then those men came thronging in and found Daniel petitioning his God in supplication. (13) They then approached the king and reminded him of the royal ban: “Did you not put in writing a ban that whoever addresses a petition to any god or man besides you, O king, during the next thirty days, shall be thrown into a lions’ den?” The king said in reply, “The order stands firm, as a law of the Medes and Persians that may not be abrogated.”
(יט) אִם־עַל־הַמֶּ֣לֶךְ ט֗וֹב יֵצֵ֤א דְבַר־מַלְכוּת֙ מִלְּפָנָ֔יו וְיִכָּתֵ֛ב בְּדָתֵ֥י פָֽרַס־וּמָדַ֖י וְלֹ֣א יַעֲב֑וֹר אֲשֶׁ֨ר לֹֽא־תָב֜וֹא וַשְׁתִּ֗י לִפְנֵי֙ הַמֶּ֣לֶךְ אֲחַשְׁוֵר֔וֹשׁ וּמַלְכוּתָהּ֙ יִתֵּ֣ן הַמֶּ֔לֶךְ לִרְעוּתָ֖הּ הַטּוֹבָ֥ה מִמֶּֽנָּה׃
(19) “If it please Your Majesty, let a royal edict be issued by you, and let it be written into the laws of Persia and Media, so that it cannot be abrogated, that Vashti shall never enter the presence of King Ahasuerus. And let Your Majesty bestow her royal state upon another who is more worthy than she.
(ח) וְ֠אַתֶּ֠ם כִּתְב֨וּ עַל־הַיְּהוּדִ֜ים כַּטּ֤וֹב בְּעֵֽינֵיכֶם֙ בְּשֵׁ֣ם הַמֶּ֔לֶךְ וְחִתְמ֖וּ בְּטַבַּ֣עַת הַמֶּ֑לֶךְ כִּֽי־כְתָ֞ב אֲשֶׁר־נִכְתָּ֣ב בְּשֵׁם־הַמֶּ֗לֶךְ וְנַחְתּ֛וֹם בְּטַבַּ֥עַת הַמֶּ֖לֶךְ אֵ֥ין לְהָשִֽׁיב׃
(8) And you may further write with regard to the Jews as you see fit. [Write it] in the king’s name and seal it with the king’s signet, for an edict that has been written in the king’s name and sealed with the king’s signet may not be revoked.”
At this point in the Megilla, the king regrets having issued his proclamation, but even he is powerless to recall it. Instead of cancelling Haman's decree, he permits the Jews "to gather and to defend their lives" – which, under the still-valid threat of annihilation, they proceed to do. Thus, 75,000 of his subjects are ultimately sacrificed on the altar of this principle of the "sanctity of the law."
The importance of upholding the law amongst the Medes and Persians is reminiscent of the situation of the United States in our times. Owing to the heterogeneous composition of the Median-Persian empire, with the 120 satraps (provincial governors) already mentioned, and a further seven provinces added in the days of Achashverosh, it is clear that without an iron law, society may easily deteriorate into anarchy, with every group acting as it pleases.
Owing to the status of the law, a peculiar situation is created whereby a decree is issued (supposedly) with a view to showing honor to the king, but the monster ends up turning on its creator. Thus, the ministers are able to manipulate the king as they please. Eventually, in the days of Achashverosh, they will force the king to legislate a law of divorce aimed at his wife – not out of their concern for his well-being, but rather out of fear of their own wives and the power that they might come to wield.[4] In between the lines of the Megilla, we once again encounter the question of who "the king" really is.
(טו) אֱדַ֨יִן מַלְכָּ֜א כְּדִ֧י מִלְּתָ֣א שְׁמַ֗ע שַׂגִּיא֙ בְּאֵ֣שׁ עֲל֔וֹהִי וְעַ֧ל דָּנִיֵּ֛אל שָׂ֥ם בָּ֖ל לְשֵׁיזָבוּתֵ֑הּ וְעַד֙ מֶֽעָלֵ֣י שִׁמְשָׁ֔א הֲוָ֥א מִשְׁתַּדַּ֖ר לְהַצָּלוּתֵֽהּ׃ {ס}
(15) Upon hearing that, the king was very disturbed, and he set his heart upon saving Daniel, and until the sun set made every effort to rescue him.
Prayer
וְ֠דָנִיֵּ֠אל כְּדִ֨י יְדַ֜ע דִּֽי־רְשִׁ֤ים כְּתָבָא֙ עַ֣ל לְבַיְתֵ֔הּ וְכַוִּ֨ין פְּתִיחָ֥ן לֵהּ֙ בְּעִלִּיתֵ֔הּ נֶ֖גֶד יְרוּשְׁלֶ֑ם וְזִמְנִין֩ תְּלָתָ֨ה בְיוֹמָ֜א ה֣וּא ׀ בָּרֵ֣ךְ עַל־בִּרְכ֗וֹהִי וּמְצַלֵּ֤א וּמוֹדֵא֙ קֳדָ֣ם אֱלָהֵ֔הּ כׇּל־קֳבֵל֙ דִּֽי־הֲוָ֣א עָבֵ֔ד מִן־קַדְמַ֖ת דְּנָֽה׃ {ס}
When Daniel learned that it had been put in writing, he went to his house, in whose upper chamber he had had windows made facing Jerusalem, and three times a day he knelt down, prayed, and made confession to his God, as he had always done.
Why did Daniel not obey the king's decree? Is the obligation of prayer more important than a clear, explicit danger to one's life? Some of the Rishonim attempt to prove, on the basis of this text, that prayer does indeed take precedence over "pikuach nefesh."[6] This calls to mind the teaching (mishnat chassidim) which may be alluded to in the mishna:

(א) אֵין עוֹמְדִין לְהִתְפַּלֵּל אֶלָּא מִתּוֹךְ כֹּבֶד רֹאשׁ. חֲסִידִים הָרִאשׁוֹנִים הָיוּ שׁוֹהִים שָׁעָה אַחַת וּמִתְפַּלְּלִים, כְּדֵי שֶׁיְּכַוְּנוּ אֶת לִבָּם לַמָּקוֹם. אֲפִלּוּ הַמֶּלֶךְ שׁוֹאֵל בִּשְׁלוֹמוֹ, לֹא יְשִׁיבֶנּוּ. וַאֲפִלּוּ נָחָשׁ כָּרוּךְ עַל עֲקֵבוֹ, לֹא יַפְסִיק:

(1) One may only stand and begin to pray from an approach of gravity and submission. There is a tradition that the early generations of pious men would wait one hour, in order to reach the solemn frame of mind appropriate for prayer, and then pray, so that they would focus their hearts toward their Father in Heaven. Standing in prayer is standing before God and, as such, even if the king greets him, he should not respond to him; and even if a snake is wrapped on his heel, he should not interrupt his prayer.

(6) R. Yehuda Ha-Chasid (and perhaps also his disciple, R. Elazar of Worms, "Ha-Roke’ach"); see Sefer Chassidim (Jerusalem, 5730), siman 787. According to Abravanel (ma'ayan 7, tamar 2), Daniel prayed with the assumption that he would not be caught doing so in his own home, rather than with the deliberate intention of sacrificing his life. However, the Malbim (cited above) argues that the fact that the text notes the "open windows" indicates that Daniel prayed in full public view, not in hiding. However, he too maintains that Daniel's intention was not to give up his life; see n. 1 above.
תָּנוּ רַבָּנַן: מַעֲשֶׂה בְּחָסִיד אֶחָד שֶׁהָיָה מִתְפַּלֵּל בַּדֶּרֶךְ. בָּא הֶגְמוֹן אֶחָד וְנָתַן לוֹ שָׁלוֹם, וְלֹא הֶחְזִיר לוֹ שָׁלוֹם. הִמְתִּין לוֹ עַד שֶׁסִּייֵּם תְּפִלָּתוֹ. לְאַחַר שֶׁסִּייֵּם תְּפִלָּתוֹ, אָמַר לוֹ: רֵיקָא, וַהֲלֹא כָּתוּב בְּתוֹרַתְכֶם ״רַק הִשָּׁמֶר לְךָ וּשְׁמֹר נַפְשְׁךָ״, וּכְתִיב ״וְנִשְׁמַרְתֶּם מְאֹד לְנַפְשֹׁתֵיכֶם״. כְּשֶׁנָּתַתִּי לְךָ שָׁלוֹם לָמָּה לֹא הֶחְזַרְתָּ לִי שָׁלוֹם? אִם הָיִיתִי חוֹתֵךְ רֹאשְׁךָ בְּסַיִיף, מִי הָיָה תּוֹבֵעַ אֶת דָּמְךָ מִיָּדִי?! אָמַר לוֹ: הַמְתֵּן לִי עַד שֶׁאֲפַיֶּיסְךָ בִּדְבָרִים. אָמַר לוֹ: אִילּוּ הָיִיתָ עוֹמֵד לִפְנֵי מֶלֶךְ בָּשָׂר וָדָם, וּבָא חֲבֵרְךָ וְנָתַן לְךָ שָׁלוֹם — הָיִיתָ
The Sages taught: There was a related incident, involving a particular pious man who was praying while traveling along his path when an officer [hegmon] came and greeted him. The pious man did not pause from his prayer and did not respond with a greeting. The officer waited for him until he finished his prayer.
After he finished his prayer, the officer said to him: You good for nothing. You endangered yourself; I could have killed you.
Isn’t it written in your Torah: “Take utmost care and guard yourself diligently” (Deuteronomy 4:9)?
And it is also written: “Take therefore good heed unto yourselves” (Deuteronomy 4:15)? Why did you ignore the danger to your life?
When I greeted you, why did you not respond with a greeting?
Were I to sever your head with a sword, who would hold me accountable for your spilled blood?
The pious man said to him: Wait for me until I will appease you with my words.
He said to him: Had you been standing before a flesh and blood king and your friend came and greeted you, would you
return his greeting?
מַחֲזִיר לוֹ?! אָמַר לוֹ: לָאו. וְאִם הָיִיתָ מַחֲזִיר לוֹ, מָה הָיוּ עוֹשִׂים לְךָ? אָמַר לוֹ: הָיוּ חוֹתְכִים אֶת רֹאשִׁי בְּסַיִיף. אָמַר לוֹ: וַהֲלֹא דְּבָרִים קַל וָחוֹמֶר, וּמָה אַתָּה שֶׁהָיִיתָ עוֹמֵד לִפְנֵי מֶלֶךְ בָּשָׂר וָדָם, שֶׁהַיּוֹם כָּאן וּמָחָר בַּקֶּבֶר — כָּךְ. אֲנִי שֶׁהָיִיתִי עוֹמֵד לִפְנֵי מֶלֶךְ מַלְכֵי הַמְּלָכִים הַקָּדוֹשׁ בָּרוּךְ הוּא, שֶׁהוּא חַי וְקַיָּים לָעַד וּלְעוֹלְמֵי עוֹלָמִים — עַל אַחַת כַּמָּה וְכַמָּה. מִיָּד נִתְפַּיֵּיס אוֹתוֹ הֶגְמוֹן, וְנִפְטַר אוֹתוֹ חָסִיד לְבֵיתוֹ לְשָׁלוֹם. אֲפִילּוּ נָחָשׁ כָּרוּךְ עַל עֲקֵבוֹ, לֹא יַפְסִיק. אָמַר רַב שֵׁשֶׁת: לֹא שָׁנוּ אֶלָּא נָחָשׁ. אֲבָל עַקְרָב — פּוֹסֵק. מֵיתִיבִי: נָפַל לְגוֹב אֲרָיוֹת — אֵין מְעִידִין עָלָיו שֶׁמֵּת. נָפַל לַחֲפִירָה מְלֵאָה נְחָשִׁים וְעַקְרַבִּים — מְעִידִין עָלָיו שֶׁמֵּת! שָׁאנֵי הָתָם, דְּאַגַּב אִיצְצָא מַזְּקִי.
The officer said to him: No.
The pious man continued: And if you would greet him, what would they do to you?
The officer said to him: They would cut off my head with a sword.
The pious man said to him: Isn’t this matter an a fortiori inference?
You who were standing before a king of flesh and blood,
of whom your fear is limited because today he is here but tomorrow he is in the grave,
would have reacted in that way;
I, who was standing and praying before the Supreme King of kings, the Holy One, Blessed be He,
Who lives and endures for all eternity,
all the more so that I could not pause to respond to someone’s greeting.
When he heard this, the officer was immediately appeased and the pious man returned home in peace. We learned in the mishna that even if a snake is wrapped around his heel, he may not interrupt his prayer. In limiting application of this principle, Rav Sheshet said: They only taught this mishna with regard to a snake, as if one does not attack the snake it will not bite him. But if a scorpion approaches an individual while he is praying, he stops, as the scorpion is liable to sting him even if he does not disturb it. The Gemara raises an objection based on what was taught in a Tosefta: Those who saw one fall into a lions’ den but did not see what happened to him thereafter, do not testify that he died. Their testimony is not accepted by the court as proof that he has died as it is possible that the lions did not eat him. However, those who saw one fall into a pit of snakes and scorpions, testify that he died as surely the snakes bit him. The Gemara responds: This is not difficult. There, in the case of one who falls into a pit of snakes, it is different, as due to the pressure of his falling on top of them, the snakes will harm him, but a snake who is not touched will not bite.
Some of the Rishonim address the question of why Daniel endangered himself by praying and suggest different explanations than that of R. Yehuda Ha-Chassid, who argues that prayer takes precedence over pikuach nefesh. Ramban and the Ran conclude (Shabbat 39a) that at a time of decrees aimed against the Jewish faith, a person may act with a special measure of piety and give up his life – even when he is being prevented from carrying out a positive commandment, such as prayer (as opposed to being forced to violate one of the cardinal negative commandments, where giving up one's life is mandatory), and even when the commandment is of rabbinical origin. They discuss this possibility even though they maintain, like the Rambam (Laws of the Foundations of the Torah 5: 1), that a person may not be stricter with himself than the law demands by giving up his life in a situation where he is not required to "be put to death rather than transgressing." The Ritva (Pesachim 25b) permits such self-sacrifice only when the generation is unmindful with respect to the commandment in question and one's intention is to serve as a personal example of commitment to it (in keeping with the Nimmukei Yosef, Sanhderin 74a).[8] However, in our case, we have no evidence that Daniel's generation was lax in matters of prayer, so it would seem that we must seek some other explanation.
נגד ירושלם. לצד בה"מ ואע"פ שחרב עשה כמו שאמר שלמה והתפללו אליך דרך ארצם (מלכים א ח):
opposite Jerusalem toward the side of the Temple, and although it was in ruins, he did as Solomon said (I Kings 8:48): “and pray to You toward their land.”
אָמַר רַבִּי חִיָּיא בַּר אַבָּא: לְעוֹלָם יִתְפַּלֵּל אָדָם בְּבַיִת שֶׁיֵּשׁ בּוֹ חַלּוֹנוֹת, שֶׁנֶּאֱמַר: ״וְכַוִּין פְּתִיחָן לֵיהּ וְגוֹ׳״. יָכוֹל יִתְפַּלֵּל אָדָם כׇּל הַיּוֹם כּוּלּוֹ — כְּבָר מְפוֹרָשׁ עַל יְדֵי דָּנִיאֵל: ״וְזִמְנִין תְּלָתָא וְגוֹ׳״. יָכוֹל מִשֶּׁבָּא לַגּוֹלָה הוּחַלָּה — כְּבָר נֶאֱמַר: ״דִּי הֲוָא עָבֵד מִן קַדְמַת דְּנָא״. יָכוֹל יִתְפַּלֵּל אָדָם לְכׇל רוּחַ שֶׁיִּרְצֶה — תַּלְמוּד לוֹמַר: ״(לָקֳבֵל) [נֶגֶד] יְרוּשְׁלֶם״.
Many halakhot are derived from evoking the prayers of biblical characters. Rabbi Ḥiyya bar Abba said: One should always pray in a house with windows, as it is stated regarding Daniel: “And when Daniel knew that the writing was signed, he went to his house. In his attic there were open windows facing Jerusalem, and three times a day he knelt upon his knees and prayed and gave thanks before his God, just as he had done before” (Daniel 6:11). In the Tosefta, additional halakhot were derived from Daniel’s prayer. I might have thought that one could pray as many times as he wishes throughout the entire day; it has already been articulated by Daniel, with regard to whom it is stated: “And three times a day he knelt upon his knees and prayed.” This teaches that there are fixed prayers. I might have thought that this practice of fixed prayer began only when he came to the Babylonian exile; it was stated: “Just as he had done before.” Further, I might have thought that one may pray facing any direction he wishes; the verse states: The appropriate direction for prayer is “facing Jerusalem.”
In other words, Chazal derive the requirement to pray towards Jerusalem from the description of Daniel's prayer. The gemara also cites another source for this law:
R. Abbin (or some say: R. Avina) said: What verse confirms [that one should turn in prayer towards Jerusalem)? "Your neck is like the tower of David, built with turrets (le-talpiot)" (Shir ha-Shirim 4:4), [alluding to the idea that Jerusalem is] an elevation (tel) to which all mouths (piot) turn. (Berakhot 30a)
The gemara goes on to cite several verses from the prayer offered by King Shlomo upon completing the construction of the Temple (Melakhim I 8), expressing the need to pray "via this city." However, a discussion elsewhere in the gemara concerning the direction of prayer, especially in Babylon, does not point unequivocally to Jerusalem, and several different possibilities are suggested.[10] According to this source, it would seem, one may pray facing any direction except the east, "since the minim (heretical sects) face that way in prayer." One prays facing the north in order to become rich; to the south in order to become wise; or to the west, where the Divine Presence rests. Perhaps the fundamental assumption underlying the discussion here is that the verse from which Chazal conclude that prayer must be towards Jerusalem and the Temple – from the prayer of King Shlomo – applies only when the Temple is standing.
But Daniel prays towards Jerusalem even though the Temple is in ruins. Indeed, the Talmud Yerushalmi teaches:
R. Yehoshua ben Levi said: “It is the Sanctuary, the inner chamber (lefnai ve-lifnim)” – the Sanctuary towards which all faces (panim) turn. This applies so long as the Temple is standing; from where do we learn that it applies even when the Temple is destroyed? R. Abbon said: “Built with turrets (talpiot)” – an elevation (tel) towards which all mouths (piot) turn. (Yerushalmi, Berakhot 4:5)
It would seem that the R. Abbon mentioned here in the Yerushalmi is the same R. Abbin who appeared in the Bavli. However, the Yerushalmi understands his teaching differently. The Talmud Bavli seems to understand his interpretation of the word “tel” in the verse "An elevation towards which all mouths turn," in the sense of a “foundation” or “mound,” as in the verse, "The cities standing upon their foundations" (Yehoshua 11:13). The Temple is the foundation of the world, and it is the “tel” to which everyone turns – hence the verse refers to the Temple, so long as it stands.[11] However, the Yerushalmi understands the word “tel” as a mound of ruin, as in, "It shall be an eternal ruin (tel olam); it shall not be rebuilt" (Devarim 13:17), and hence applies the verse to a situation where the Temple is in ruins – as was the case in the days of Daniel.[12]
What is the significance of this difference of opinion between the Talmud Bavli and the Yerushalmi concerning the proper direction for prayer when the Temple is destroyed?