Self-sacrifice under Jewish Law
Encyclopedia
Although rare, there are instances within Jewish law that mandate a Jew to sacrifice his or her own life rather than violate a religious prohibition. One of these prohibitions is that no life should be taken, including one's own. Many more ritual prohibitions exist as well, which means that under limited circumstances a Jew has to self-sacrifice when the greater good calls for breaking a more minor dictate. This practice reflects the practical and malleable nature of Judaic law.
, and certainly rabbinically mandated
, religious laws of Judaism in order to preserve human life. This principle is known as ya'avor v'al ye'hareg (יעבור ואל יהרג, "transgress and do not be killed") and it applies to virtually all of Jewish ritual law, including the most well known laws of Shabbat
and kashrut
. Even to the severest prohibitions, such as those relating to circumcision
, chametz
on Passover
, or perhaps fasting
on Yom Kippur
. Thus, the Torah generally asserts that pikuach nefesh
(פיקוח נפש, "the preservation of human life") is paramount, and in most situations even the preservation of a limb is equated with the basic principle.
However, there are three areas of prohibition that may not be trespassed under any circumstances, even to save a human life. While these three areas of Jewish law are often informally referred to as the "three cardinal sins," they actually encompass many more than a mere three prohibitions. They all involve murder, sexual misconduct and foreign worship. The governing principle here is called ye'hareg v'al ya'avor (יהרג ואל יעבור, or "be killed but do not transgress").
Someone who then runs great risks or accepts great hardship for the sake of observing the religious laws of Judaism without actually sacrificing his or her life is considered especially righteous. Such an act of figurative self-sacrifice is called mesirat nefesh (מסירת נפש, "giving over the soul"). For the obvious reason this status should be compared more with heroism than with martyrdom in the Christian sense.
(religious requirements) when a life is in danger. This rule is founded on the Biblical statement: “You shall keep my decrees and my laws that a person will do and live by them, I am God.” The Rabbis deduced from this verse that one should not die rather than transgress the mitzvot
. This verse is the source of the doctrine that one should not endanger one's life to keep a mitzvah.
Additionally, states, “You shall not stand by the blood of your fellow.” The Talmud derives from this verse that one must do everything in his or her power to save the life of another Jew, even if this involves violation of one or more of the mitzvot. If it is the life of a non-Jew or apostate Jew that is in danger, the law is not so clear, and is the matter of some debate, however it is certainly within the spirit of the law, if not the letter. This also touches on Judaism's views regarding other religions; see Jewish views of religious pluralism
.
The above three are ruled as being exceptions by the Talmud
. In tractate Sanhedrin
74a, the Talmud records: “Rav Yochanan
said in the name of Rav Shimon ben Yehotzadak: ‘It was decided by a vote in the loft of the house of Nitezeh in Lod
: For all the sins in the Torah, if a person is told, 'Transgress and you will not be killed,' they should transgress and not be killed, except for idol worship, sexual relations and bloodshed.’” A Jew must sacrifice his or her life rather than transgress the above-mentioned sins.
, is extrapolated from Deuteronomy
6:5 “And thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy might”, meaning that one should even surrender his life rather than serve any divinity aside from God
.
There is a famous example that can be found in the Babylonian Talmud Gittin 57b, the apocryphal II Maccabees 7, and other sources about Hannah and her seven sons
, a story associated with the holiday of Hanukkah
. Rather than eat pork
, Hannah defies King Antiochus IV and allows her sons to be killed one by one before she herself dies.
However this story relates another exception where Halakha requires that one surrender their life. A situation where a person is forced to break a law simply for the sake of desecrating the Torah. If a non-Jewish ruler demands that a Jew cook food for them on the Sabbath, the Jew is required to desecrate the Sabbath rather than let them self be killed. However if the ruler demands the Jew cook food on the Sabbath, not for the ruler's benefit but simply for the sake of dishonoring the Torah, then one is required to surrender their life to avoid desecrating God's name (akin to idolatry). Hannah and her sons acted in this way when it came it eating pork for the sake of desecrating the Torah, by allowing themselves to be killed they sanctified God's name in public.
is extrapolated from Deuteronomy
22:26. Referring to the case of a betrothed girl who is raped by a man, it says, “for as when a man rises against his neighbor, and slays him, even so is this matter.” Thus sexual immorality is likened by the Torah
to murder – and one is required to give one's life rather than commit murder, as discussed below.
and Conservative Judaism
, the types of sexual misconduct subject to Yehareg v’al ya’avor include those mentioned in Leviticus Chapter 18, which include adultery with a married woman, various types of incest, sexual relations with a woman in the Niddah
state, bestiality, and penile-anal sex
between men (violations of the prohibition "thou shall not lie with a man as with a woman, it is an abomination" as agreed on by many Orthodox and some Conservative Jewish authorities).
Prohibitions by Rabbinic decree
are excluded. The Rabbis made a number of prohibitions in sexual matters beyond those of the Torah
. Adultery with a married man, Fornication
, certain types of homosexual conduct
(Orthodox authorities and traditionalists within Conservative Judaism consider a broader range of male-male sexual intimacy, including oral sex
between men, as forbidden, but not included in the "die rather than transgress" prohibitions.), and various aspects of modesty in dress and conduct
are among these rabbinic prohibitions not specifically prohibited by Leviticus 18. Although Maimonides
regards lesbian conduct as biblically prohibited on the basis of Sifra
on Leviticus 18:3, he does not consider it sexual intercourse proper.
Orthodox Judaism
recognizes rabbinic prohibitions as being a lesser type of transgression overridden by the imperative to preserve life.
In 2006 the Conservative movement's Committee on Jewish Law and Standards
, reflecting strong disagreement between liberals and traditionalists on the subject, approved two diametrically opposed responsa
on the subject of homosexuality. One declared all rabbinic prohibitions on non–penile-anal sex between men to be formally lifted and no longer applicable to Conservative Jews. The other formally declared the necessity of their remaining in effect and instructed Conservative Jews to continue to observe them. Both agreed that a prohibition on male-male anal sex, and adultery with a married woman, retained a die-rather-than-transgress character, and instructed Conservative Jews to continue to observe rabbinic prohibitions on different-sex sexual relations outside of marriage (fornication), although the liberal responsum also found a variety of traditional rules of modesty
including prohibitions on contact
and seclusion
, to be no longer applicable to Conservative Jews. Under the Conservative movement's philosophy of pluralism, local rabbis choose which among the approved alternatives to follow. (See Homosexuality and Conservative Judaism
)
Many authorities hold that the requirement to sacrifice one's life does not apply to purely passive behavior, so that, for example, a married woman who is raped is not required to die resisting the rape. Rather, the requirement applies only to playing an initiating role in one of the forbidden sexual acts. See Judaism and homosexuality
is derived by logic, as the Talmud
states further (in Sanhedrin
74a): "It happened with Rava
: A man came to Rava and told him that the governor of the city had ordered that he (the man) slay a certain man or himself suffer death, and Rava said to him: 'Rather than slay another person, you must permit yourself to be slain, for how do you know that your blood is redder than his, perhaps his blood is redder than yours?'"
As stated above, one is normally required to let him or herself be killed only for the three cardinal laws. However, in the opinion of Maimonides
, certain other special situations also require martyrdom.
, one is required to give his or her life to avoid desecrating God's name
through the public transgression of His commandments. The desecration of God's name is considered the harshest violation of Jewish law, at least as far as heavenly forgiveness is concerned. Therefore, if the sin is to be committed in public (for these purposes, in the presence of ten
Jewish adults), and the sole purpose of the persecutor is to have the Jew transgress halakha
, any prohibition would be considered a matter of yehareg v'al ya'avor. (Note: According to many Orthodox authorities, women count in the minyan
of ten Jewish adults required to constitute a "public" for purposes of public martyrdom, one of a number of situations in which women count in a minyan in Orthodox Judaism).
If these two conditions are not present, there is no requirement to give one's life, since God's name will not be desecrated by the transgression. For example, if a Jew is being forced to transgress the Shabbat laws
for the sake of the forcer's personal profit, he or she would not be required to give his or her life.
However, if a government or any other power is not opposing the Jewish religion in itself, but rather any religion, such as in Russia under the communist regime, then according to some opinions, the above does not apply.
It is also considered a crisis for the Jewish faith when a particular requirement within Jewish law is in danger of being outlawed by a government or other power.
A further qualification must be noted. Only the negative commandments
could potentially be considered a matter of yehareg v'al ya'avor; one would never be required to sacrifice himself for one of the positive commandments
. Since refraining from the performance of a positive commandment involves no specific action, to do so would not be considered a desecration of God's name, so self-sacrifice would never be required.
According to Maimonides
, in a situation where one is not required to sacrifice himself rather than transgress, to do so would be considered suicide
, which is strongly forbidden and condemned under Jewish law
.
Following through and sacrificing one's life in accordance with the law of yehareg ve'al ya'avor is considered to be Kiddush Hashem
(sanctification of God's name).
Overview
In general, a Jew must violate biblically mandatedD'Oraita and D'Rabbanan
The Aramaic terms de-'oraita and de-rabbanan are used extensively in discussion and text relating to Jewish law. The former refers to halachic requirements that are biblically mandated, while the latter refers to halachic requirements that are rabbinically mandated...
, and certainly rabbinically mandated
D'Oraita and D'Rabbanan
The Aramaic terms de-'oraita and de-rabbanan are used extensively in discussion and text relating to Jewish law. The former refers to halachic requirements that are biblically mandated, while the latter refers to halachic requirements that are rabbinically mandated...
, religious laws of Judaism in order to preserve human life. This principle is known as ya'avor v'al ye'hareg (יעבור ואל יהרג, "transgress and do not be killed") and it applies to virtually all of Jewish ritual law, including the most well known laws of Shabbat
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...
and kashrut
Kashrut
Kashrut is the set of Jewish dietary laws. Food in accord with halakha is termed kosher in English, from the Ashkenazi pronunciation of the Hebrew term kashér , meaning "fit" Kashrut (also kashruth or kashrus) is the set of Jewish dietary laws. Food in accord with halakha (Jewish law) is termed...
. Even to the severest prohibitions, such as those relating to circumcision
Circumcision
Male circumcision is the surgical removal of some or all of the foreskin from the penis. The word "circumcision" comes from Latin and ....
, chametz
Chametz
Chametz, also Chometz, and other spellings transliterated from , are leavened foods that are forbidden on the Jewish holiday of Passover. According to Jewish law, Jews may not own, eat or benefit from chametz during Passover...
on Passover
Passover
Passover is a Jewish holiday and festival. It commemorates the story of the Exodus, in which the ancient Israelites were freed from slavery in Egypt...
, or perhaps fasting
Fasting
Fasting is primarily the act of willingly abstaining from some or all food, drink, or both, for a period of time. An absolute fast is normally defined as abstinence from all food and liquid for a defined period, usually a single day , or several days. Other fasts may be only partially restrictive,...
on Yom Kippur
Yom Kippur
Yom Kippur , also known as Day of Atonement, is the holiest and most solemn day of the year for the Jews. Its central themes are atonement and repentance. Jews traditionally observe this holy day with a 25-hour period of fasting and intensive prayer, often spending most of the day in synagogue...
. Thus, the Torah generally asserts that pikuach nefesh
Pikuach Nefesh
The Hebrew term pikuakh nefesh describes the principle in Jewish law that the preservation of human life overrides virtually any other religious consideration...
(פיקוח נפש, "the preservation of human life") is paramount, and in most situations even the preservation of a limb is equated with the basic principle.
However, there are three areas of prohibition that may not be trespassed under any circumstances, even to save a human life. While these three areas of Jewish law are often informally referred to as the "three cardinal sins," they actually encompass many more than a mere three prohibitions. They all involve murder, sexual misconduct and foreign worship. The governing principle here is called ye'hareg v'al ya'avor (יהרג ואל יעבור, or "be killed but do not transgress").
Someone who then runs great risks or accepts great hardship for the sake of observing the religious laws of Judaism without actually sacrificing his or her life is considered especially righteous. Such an act of figurative self-sacrifice is called mesirat nefesh (מסירת נפש, "giving over the soul"). For the obvious reason this status should be compared more with heroism than with martyrdom in the Christian sense.
Preservation of life in Judaism
Judaism places a high value on life. It is therefore permitted to disregard all but three of Judaism's 613 mitzvot613 mitzvot
The 613 commandments is a numbering of the statements and principles of law, ethics, and spiritual practice contained in the Torah or Five Books of Moses...
(religious requirements) when a life is in danger. This rule is founded on the Biblical statement: “You shall keep my decrees and my laws that a person will do and live by them, I am God.” The Rabbis deduced from this verse that one should not die rather than transgress the mitzvot
Mitzvah
The primary meaning of the Hebrew word refers to precepts and commandments as commanded by God...
. This verse is the source of the doctrine that one should not endanger one's life to keep a mitzvah.
Additionally, states, “You shall not stand by the blood of your fellow.” The Talmud derives from this verse that one must do everything in his or her power to save the life of another Jew, even if this involves violation of one or more of the mitzvot. If it is the life of a non-Jew or apostate Jew that is in danger, the law is not so clear, and is the matter of some debate, however it is certainly within the spirit of the law, if not the letter. This also touches on Judaism's views regarding other religions; see Jewish views of religious pluralism
Jewish views of religious pluralism
Religious pluralism is a set of religious world views that hold that one's religion is not the sole and exclusive source of truth, and thus recognizes that some level of truth and value exists in other religions...
.
The requirement of self-sacrifice
Yehareg ve'al ya'avor ("Let him be killed rather than transgress") refers to the requirement to give one's life rather than transgress a law. Although ordinarily one is permitted to transgress halakha when a life is in danger, certain situations require one to give his or her life.Three exceptional sins
There are three sins for which one is always required to die rather than transgress:- idolatryIdolatryIdolatry is a pejorative term for the worship of an idol, a physical object such as a cult image, as a god, or practices believed to verge on worship, such as giving undue honour and regard to created forms other than God. In all the Abrahamic religions idolatry is strongly forbidden, although...
- sexual misconduct such as incest, adultery, (see sexual immorality prohibited by TorahTorahTorah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
) - murderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
The above three are ruled as being exceptions by the Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
. In tractate Sanhedrin
Sanhedrin (Talmud)
Sanhedrin is one of ten tractates of Seder Nezikin . It originally formed one tractate with Makkot, which also deals with criminal law...
74a, the Talmud records: “Rav Yochanan
Yochanan bar Nafcha
Rabbi Yochanan ;...
said in the name of Rav Shimon ben Yehotzadak: ‘It was decided by a vote in the loft of the house of Nitezeh in Lod
Lod
Lod is a city located on the Sharon Plain southeast of Tel Aviv in the Center District of Israel. At the end of 2010, it had a population of 70,000, roughly 75 percent Jewish and 25 percent Arab.The name is derived from the Biblical city of Lod...
: For all the sins in the Torah, if a person is told, 'Transgress and you will not be killed,' they should transgress and not be killed, except for idol worship, sexual relations and bloodshed.’” A Jew must sacrifice his or her life rather than transgress the above-mentioned sins.
Idolatry
The first exception, idolatryIdolatry
Idolatry is a pejorative term for the worship of an idol, a physical object such as a cult image, as a god, or practices believed to verge on worship, such as giving undue honour and regard to created forms other than God. In all the Abrahamic religions idolatry is strongly forbidden, although...
, is extrapolated from Deuteronomy
Deuteronomy
The Book of Deuteronomy is the fifth book of the Hebrew Bible, and of the Jewish Torah/Pentateuch...
6:5 “And thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy might”, meaning that one should even surrender his life rather than serve any divinity aside from God
God
God is the English name given to a singular being in theistic and deistic religions who is either the sole deity in monotheism, or a single deity in polytheism....
.
There is a famous example that can be found in the Babylonian Talmud Gittin 57b, the apocryphal II Maccabees 7, and other sources about Hannah and her seven sons
Woman with seven sons
The woman with seven sons was a Jewish martyr described in 2 Maccabees 7 and other sources. Although unnamed in 2 Maccabees, she is known variously as Hannah, Miriam and Solomonia.-2 Maccabees:...
, a story associated with the holiday of Hanukkah
Hanukkah
Hanukkah , also known as the Festival of Lights, is an eight-day Jewish holiday commemorating the rededication of the Holy Temple in Jerusalem at the time of the Maccabean Revolt of the 2nd century BCE...
. Rather than eat pork
Pork
Pork is the culinary name for meat from the domestic pig , which is eaten in many countries. It is one of the most commonly consumed meats worldwide, with evidence of pig husbandry dating back to 5000 BC....
, Hannah defies King Antiochus IV and allows her sons to be killed one by one before she herself dies.
However this story relates another exception where Halakha requires that one surrender their life. A situation where a person is forced to break a law simply for the sake of desecrating the Torah. If a non-Jewish ruler demands that a Jew cook food for them on the Sabbath, the Jew is required to desecrate the Sabbath rather than let them self be killed. However if the ruler demands the Jew cook food on the Sabbath, not for the ruler's benefit but simply for the sake of dishonoring the Torah, then one is required to surrender their life to avoid desecrating God's name (akin to idolatry). Hannah and her sons acted in this way when it came it eating pork for the sake of desecrating the Torah, by allowing themselves to be killed they sanctified God's name in public.
Sexual immorality
The exception for certain types of sexual immoralityReligion and sexuality
Most world religions have sought to address the moral issues that arise from people's sexuality in society and in human interactions. Each major religion has developed moral codes covering issues of sexuality, morality, ethics etc...
is extrapolated from Deuteronomy
Deuteronomy
The Book of Deuteronomy is the fifth book of the Hebrew Bible, and of the Jewish Torah/Pentateuch...
22:26. Referring to the case of a betrothed girl who is raped by a man, it says, “for as when a man rises against his neighbor, and slays him, even so is this matter.” Thus sexual immorality is likened by the Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
to murder – and one is required to give one's life rather than commit murder, as discussed below.
Types of sexual misconduct involved
In both Orthodox JudaismOrthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...
and Conservative Judaism
Conservative Judaism
Conservative Judaism is a modern stream of Judaism that arose out of intellectual currents in Germany in the mid-19th century and took institutional form in the United States in the early 1900s.Conservative Judaism has its roots in the school of thought known as Positive-Historical Judaism,...
, the types of sexual misconduct subject to Yehareg v’al ya’avor include those mentioned in Leviticus Chapter 18, which include adultery with a married woman, various types of incest, sexual relations with a woman in the Niddah
Niddah
Niddah is a Hebrew term describing a woman during menstruation, or a woman who has menstruated and not yet completed the associated requirement of immersion in a mikveh ....
state, bestiality, and penile-anal sex
Anal sex
Anal sex is the sex act in which the penis is inserted into the anus of a sexual partner. The term can also include other sexual acts involving the anus, including pegging, anilingus , fingering, and object insertion.Common misconception describes anal sex as practiced almost exclusively by gay men...
between men (violations of the prohibition "thou shall not lie with a man as with a woman, it is an abomination" as agreed on by many Orthodox and some Conservative Jewish authorities).
Prohibitions by Rabbinic decree
Takkanah
A takkanah is a major legislative enactment within halakha , the normative system of Judaism's laws.A takkanah is an enactment which revises an ordinance that no longer satisfies the requirements of the times or circumstances, or which , being deduced from a Biblical passage, may be regarded as new...
are excluded. The Rabbis made a number of prohibitions in sexual matters beyond those of the Torah
Torah
Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five books of the bible—Genesis , Exodus , Leviticus , Numbers and Deuteronomy Torah- A scroll containing the first five books of the BibleThe Torah , is name given by Jews to the first five...
. Adultery with a married man, Fornication
Fornication
Fornication typically refers to consensual sexual intercourse between two people not married to each other. For many people, the term carries a moral or religious association, but the significance of sexual acts to which the term is applied varies between religions, societies and cultures. The...
, certain types of homosexual conduct
Homosexuality and Judaism
The subject of homosexuality in Judaism dates back to the Torah, in the books of Bereshit and Vayiqra. Bereshit treats the destruction of the cities of Sedom and Amorrah by God...
(Orthodox authorities and traditionalists within Conservative Judaism consider a broader range of male-male sexual intimacy, including oral sex
Oral sex
Oral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
between men, as forbidden, but not included in the "die rather than transgress" prohibitions.), and various aspects of modesty in dress and conduct
Tzniut
Tzniut is a term used within Judaism and has its greatest influence as a concept within Orthodox Judaism...
are among these rabbinic prohibitions not specifically prohibited by Leviticus 18. Although Maimonides
Maimonides
Moses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...
regards lesbian conduct as biblically prohibited on the basis of Sifra
Sifra
Sifra is the Halakic midrash to Leviticus. It is frequently quoted in the Talmud, and the study of it followed that of the Mishnah, as appears from Tanḥuma, quoted in Or Zarua, i. 7b. Like Leviticus itself, the midrash is occasionally called "Torat Kohanim" , and in two passages also "Sifra debe...
on Leviticus 18:3, he does not consider it sexual intercourse proper.
Orthodox Judaism
Orthodox Judaism
Orthodox Judaism , is the approach to Judaism which adheres to the traditional interpretation and application of the laws and ethics of the Torah as legislated in the Talmudic texts by the Sanhedrin and subsequently developed and applied by the later authorities known as the Gaonim, Rishonim, and...
recognizes rabbinic prohibitions as being a lesser type of transgression overridden by the imperative to preserve life.
In 2006 the Conservative movement's Committee on Jewish Law and Standards
Committee on Jewish Law and Standards
The Committee on Jewish Law and Standards is the central authority on halakha within Conservative Judaism; it is one of the most active and widely known committees on the Conservative movement's Rabbinical Assembly. Within the movement it is known as the CJLS...
, reflecting strong disagreement between liberals and traditionalists on the subject, approved two diametrically opposed responsa
Conservative responsa
Conservative responsa are the body of responsa literature of Conservative Judaism . Most Conservative responsa have been written by the Committee on Jewish Law and Standards...
on the subject of homosexuality. One declared all rabbinic prohibitions on non–penile-anal sex between men to be formally lifted and no longer applicable to Conservative Jews. The other formally declared the necessity of their remaining in effect and instructed Conservative Jews to continue to observe them. Both agreed that a prohibition on male-male anal sex, and adultery with a married woman, retained a die-rather-than-transgress character, and instructed Conservative Jews to continue to observe rabbinic prohibitions on different-sex sexual relations outside of marriage (fornication), although the liberal responsum also found a variety of traditional rules of modesty
Tzniut
Tzniut is a term used within Judaism and has its greatest influence as a concept within Orthodox Judaism...
including prohibitions on contact
Negiah
Negiah , literally "touch," is the concept in Halakha that forbids or restricts physical contact with a member of the opposite sex...
and seclusion
Yichud
The prohibition of yichud , in Halakha is the impermissibility of seclusion of a man and a woman who are not married to each other in a private area. Such seclusion is prohibited in order to prevent the two from being tempted or having the opportunity to commit adulterous or promiscuous acts.The...
, to be no longer applicable to Conservative Jews. Under the Conservative movement's philosophy of pluralism, local rabbis choose which among the approved alternatives to follow. (See Homosexuality and Conservative Judaism
Homosexuality and Conservative Judaism
Homosexuality has been a pivotal issue for Conservative Judaism since the 1980s. A major Jewish denomination in the U.S., Conservative Judaism has wrestled with homosexuality as a matter of Jewish law and institutional policy...
)
Many authorities hold that the requirement to sacrifice one's life does not apply to purely passive behavior, so that, for example, a married woman who is raped is not required to die resisting the rape. Rather, the requirement applies only to playing an initiating role in one of the forbidden sexual acts. See Judaism and homosexuality
Murder
The exception of murderMurder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
is derived by logic, as the Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
states further (in Sanhedrin
Sanhedrin (Talmud)
Sanhedrin is one of ten tractates of Seder Nezikin . It originally formed one tractate with Makkot, which also deals with criminal law...
74a): "It happened with Rava
Rava (amora)
For the third generation Amora sage of Babylon, with a similar name, see: Joseph b. Hama .Abba ben Joseph bar Ḥama, who is exclusively referred to in the Talmud by the name Rava , was a Jewish Talmudist who lived in Babylonia, known as an amora, born in 270. He is one of the most often-cited Rabbis...
: A man came to Rava and told him that the governor of the city had ordered that he (the man) slay a certain man or himself suffer death, and Rava said to him: 'Rather than slay another person, you must permit yourself to be slain, for how do you know that your blood is redder than his, perhaps his blood is redder than yours?'"
Additional situations
- The following requirements are according to MaimonidesMaimonidesMoses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...
(Rambam).
As stated above, one is normally required to let him or herself be killed only for the three cardinal laws. However, in the opinion of Maimonides
Maimonides
Moses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...
, certain other special situations also require martyrdom.
Public martyrdom
According to MaimonidesMaimonides
Moses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...
, one is required to give his or her life to avoid desecrating God's name
Chillul Hashem
Desecration of the Name meaning desecration of the names of God in Judaism, is a term used in Judaism particularly for any act or behavior that casts shame or brings disrepute to belief in God, any aspect of the Torah's teachings, Jewish law, or the Jewish community.-Hebrew Bible:The source for...
through the public transgression of His commandments. The desecration of God's name is considered the harshest violation of Jewish law, at least as far as heavenly forgiveness is concerned. Therefore, if the sin is to be committed in public (for these purposes, in the presence of ten
Minyan
A minyan in Judaism refers to the quorum of ten Jewish adults required for certain religious obligations. According to many non-Orthodox streams of Judaism adult females count in the minyan....
Jewish adults), and the sole purpose of the persecutor is to have the Jew transgress halakha
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
, any prohibition would be considered a matter of yehareg v'al ya'avor. (Note: According to many Orthodox authorities, women count in the minyan
Minyan
A minyan in Judaism refers to the quorum of ten Jewish adults required for certain religious obligations. According to many non-Orthodox streams of Judaism adult females count in the minyan....
of ten Jewish adults required to constitute a "public" for purposes of public martyrdom, one of a number of situations in which women count in a minyan in Orthodox Judaism).
If these two conditions are not present, there is no requirement to give one's life, since God's name will not be desecrated by the transgression. For example, if a Jew is being forced to transgress the Shabbat laws
39 categories of activity prohibited on Shabbat
The commandment to keep Shabbat as a day of rest is repeated many times in the Tanakh, the Hebrew Bible. The commandment is usually expressed in English in terms of refraining from the doing of work on Shabbat, but the Hebrew term used in the Bible is melakha , which has a slightly different...
for the sake of the forcer's personal profit, he or she would not be required to give his or her life.
Resisting persecutions and crises
During a time of crisis for the Jewish faith—for example, if a government or any other power wants to force Jews not to be religious—every prohibition in Jewish law becomes yehareg ve'al ya'avor, and one is to have mesirat nefesh on every negative or positive commandment even when not in public. This is called "Sandal straps", and refers to the traditional Jewish manner of putting on footwear (Put on right, put on left, tie left, tie right). In this situation, one must die even for "Sandal straps".However, if a government or any other power is not opposing the Jewish religion in itself, but rather any religion, such as in Russia under the communist regime, then according to some opinions, the above does not apply.
It is also considered a crisis for the Jewish faith when a particular requirement within Jewish law is in danger of being outlawed by a government or other power.
A further qualification must be noted. Only the negative commandments
613 mitzvot
The 613 commandments is a numbering of the statements and principles of law, ethics, and spiritual practice contained in the Torah or Five Books of Moses...
could potentially be considered a matter of yehareg v'al ya'avor; one would never be required to sacrifice himself for one of the positive commandments
613 mitzvot
The 613 commandments is a numbering of the statements and principles of law, ethics, and spiritual practice contained in the Torah or Five Books of Moses...
. Since refraining from the performance of a positive commandment involves no specific action, to do so would not be considered a desecration of God's name, so self-sacrifice would never be required.
According to Maimonides
Maimonides
Moses ben-Maimon, called Maimonides and also known as Mūsā ibn Maymūn in Arabic, or Rambam , was a preeminent medieval Jewish philosopher and one of the greatest Torah scholars and physicians of the Middle Ages...
, in a situation where one is not required to sacrifice himself rather than transgress, to do so would be considered suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...
, which is strongly forbidden and condemned under Jewish law
Halakha
Halakha — also transliterated Halocho , or Halacha — is the collective body of Jewish law, including biblical law and later talmudic and rabbinic law, as well as customs and traditions.Judaism classically draws no distinction in its laws between religious and ostensibly non-religious life; Jewish...
.
Following through and sacrificing one's life in accordance with the law of yehareg ve'al ya'avor is considered to be Kiddush Hashem
Kiddush Hashem
The sanctification of the Name The sanctification of the Name The sanctification of the Name (in Hebrew kiddush Hashem is a precept of Judaism. It includes sanctification of the name by being holy.-Hebrew Bible:...
(sanctification of God's name).