The Development of a Concept: Kiddush HaShem/Hillul HaShem: Part II

Rabbi Yoḥanan says in the name of Rabbi Shimon ben Yehotzadak: The Sages who discussed this issue counted the votes of those assembled and concluded in the upper story of the house of Nitza in the city of Lod: With regard to all other transgressions in the Torah, if a person is told: Transgress this prohibition and you will not be killed, he may transgress that prohibition and not be killed. This is the halakha concerning all prohibitions except for those of idol worship, forbidden sexual relations, and bloodshed.

The Gemara asks: And should one not transgress the prohibition of idol worship to save his life? But isn’t it taught in a baraita: Rabbi Yishmael said: From where is it derived that if a person is told: Worship idols and you will not be killed, from where is it derived that he should worship the idol and not be killed? The verse states: “You shall keep My statutes and My judgments, which a person shall do, and he shall live by them” (Leviticus 18:5), thereby teaching that the mitzvot were given to provide life, but they were not given so that one will die due to their observance.

The baraita continues: One might have thought that it is permitted to worship the idol in this circumstance even in public, i.e., in the presence of many people. Therefore, the verse states: “Neither shall you profane My holy name; but I will be hallowed among the children of Israel: I am the Lord Who sanctifies you” (Leviticus 22:32). Evidently, one is not required to allow himself to be killed so as not to transgress the prohibition of idol worship when in private; but in public he must allow himself to be killed rather than transgress.

The Gemara answers: Those in the upper story of the house of Nitza stated their opinion in accordance with the opinion of Rabbi Eliezer. As it is taught in a baraita that Rabbi Eliezer says: It is stated: “And you shall love the Lord your God with all your heart, with all your soul, and with all your might” (Deuteronomy 6:5).... According to the opinion of Rabbi Eliezer, one must allow himself to be killed rather than worship an idol.

From where is it derived that one must allow himself to be killed rather than transgress the prohibition of forbidden sexual relations and the prohibition of bloodshed? This is in accordance with the opinion of Rabbi Yehuda HaNasi. As it is taught in a baraita: Rabbi Yehuda HaNasi says: With regard to the rape of a betrothed young woman it is written: “But you shall do nothing to the young woman; the young woman has committed no sin worthy of death; for as when a man rises against his neighbor, and slays him, so too with this matter” (Deuteronomy 22:26).

The Gemara asks: From where do we derive this halakha with regard to a murderer himself, that one must allow himself to be killed rather than commit murder? The Gemara answers: It is based on logical reasoning. The Gemara relates an incident to demonstrate this: As when a certain person came before Rabba and said to him: The lord of my place, a local official, said to me: Go kill so-and-so, and if not I will kill you, what shall I do? Rabba said to him: It is preferable that he should kill you and you should not kill. Who is to say that your blood is redder than his, that your life is worth more than the one he wants you to kill? Perhaps that man’s blood is redder. This logical reasoning is the basis for the halakha that one may not save his own life by killing another.

§ When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: The Sages taught that one is permitted to transgress prohibitions in the face of mortal danger only when it is not a time of religious persecution. But in a time of religious persecution, when the gentile authorities are trying to force Jews to violate their religion, even if they issued a decree about a minor mitzva, one must be killed and not transgress.

When Ravin came from Eretz Yisrael to Babylonia, he said that Rabbi Yoḥanan said: Even when it is not a time of religious persecution, the Sages said that one is permitted to transgress a prohibition in the face of mortal danger only when he was ordered to do so in private. But if he was ordered to commit a transgression in public, even if they threaten him with death if he does not transgress a minor mitzva, he must be killed and not transgress. The Gemara asks: What is a minor mitzva for this purpose? Rava bar Yitzḥak says that Rav says: Even to change the strap of a sandal.

The Gemara asks: And the presence of how many people is required so that it should be deemed a public act? Rabbi Ya’akov says that Rabbi Yoḥanan says: An action is not considered a public act if it is performed in the presence of fewer than ten people. The Gemara clarifies this point: It is obvious that we require that these ten people be Jews, as it is written in the verse from which we derive the requirement of ten for the sanctification of God’s name: “And I shall be sanctified among the children of Israel” (Leviticus 22:32)....

The Gemara raises a difficulty: But wasn’t the incident involving Esther, i.e., her cohabitation with Ahasuerus, a public sin?

The Gemara answers: Abaye says: Esther was merely like natural ground, i.e., she was a passive participant. The obligation to surrender one’s life rather than engage in forbidden sexual intercourse applies only to a man who transgresses the prohibition in an active manner. A woman who is passive and merely submits is not required to give up her life so that she not sin.

Rava says that there is another justification for Esther’s behavior: When gentiles order the transgression of a prohibition not in order to persecute the Jews or to make them abandon their religion, but for their own personal pleasure, it is different. In such a situation there is no obligation to sacrifice one’s life, even when the sin is committed in public.

The Gemara comments: And Rava follows his own line of reasoning, as Rava says: If a gentile said to a certain Jew: Cut grass [aspasta] on Shabbat and throw it before the cattle, and if you do not do this I will kill you, he should cut the grass and not be killed. But if the gentile said to him: Cut the grass and throw it into the river, he should be killed and not cut the grass. What is the reason for the latter ruling? Because it is clear that the gentile is not seeking his own personal pleasure, but rather he wants to force the Jew to violate his religion.

The Gemara asks: What are the circumstances that cause desecration of God’s name? Rav said: For example, in the case of someone like me, since I am an important public figure, if I take meat from a butcher and do not give him money immediately, people are likely to think that I did not mean to pay at all. They would consider me a thief and learn from my behavior that one is permitted to steal. Abaye said: They taught this statement of Rav only in a place where they do not ask for the money, where it is not customary for the butcher himself to come and collect payment from the customer. When the customer does not pay immediately, people may suspect him of theft. But in a place where they ask for the money from the customer some time later, we have no problem with doing this. Since everyone understands he is buying on credit, he is not desecrating God’s name. Ravina said: My native city of Meḥasya is a place where they ask for and collect the money. The Gemara relates that when Abaye bought meat from two partners, he would give the money to this one and the money to this one, so that each would know that he had paid. And afterward he would bring them together and perform the calculation to see whether he received his change. Rabbi Yoḥanan said: What is an example of desecration of God’s name? For example, someone like me, if I would walk four cubits without Torah and without phylacteries, and the onlookers did not know that it is only on account of my body’s weakness, that would be a desecration of God’s name. Yitzḥak from the school of Rabbi Yannai said: Any case when one’s friends are embarrassed on account of his reputation, meaning his friends are embarrassed due to things they hear about him, this is a desecration of God’s name. Rav Naḥman bar Yitzḥak said: One creates a profanation of God’s name, for example, when people say about him: May his Master forgive so-and-so for the sins he has done.

Abaye said: As it was taught in a baraita that it is stated: “And you shall love the Lord your God” (Deuteronomy 6:5), which means that you shall make the name of Heaven beloved. How should one do so? One should do so in that he should read Torah, and learn Mishna, and serve Torah scholars, and he should be pleasant with people in his business transactions. What do people say about such a person? Fortunate is his father who taught him Torah, fortunate is his teacher who taught him Torah, woe to the people who have not studied Torah. So-and-so, who taught him Torah, see how pleasant are his ways, how proper are his deeds. The verse states about him and others like him: “You are My servant, Israel, in whom I will be glorified” (Isaiah 49:3). But one who reads Torah, and learns Mishna, and serves Torah scholars, but his business practices are not done faithfully, and he does not speak pleasantly with other people, what do people say about him? Woe to so-and-so who studied Torah, woe to his father who taught him Torah, woe to his teacher who taught him Torah. So-and-so who studied Torah, see how destructive are his deeds, and how ugly are his ways. About him and others like him the verse states that the gentiles will say: “Men said of them: These are the people of the Lord, yet they had to leave His land” (Ezekiel 36:20). Through their sins and subsequent exile, such people have desecrated the name of God.