1. Hebrew Bible, Leviticus, 18.5 (9th cent. BCE - 3rd cent. BCE)
| 18.5. וּשְׁמַרְתֶּם אֶת־חֻקֹּתַי וְאֶת־מִשְׁפָּטַי אֲשֶׁר יַעֲשֶׂה אֹתָם הָאָדָם וָחַי בָּהֶם אֲנִי יְהוָה׃ | 18.5. Ye shall therefore keep My statutes, and Mine ordices, which if a man do, he shall live by them: I am the LORD." |
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2. Anon., Jubilees, 6.23-6.31 (2nd cent. BCE - 2nd cent. BCE)
| 6.23. He set His bow in the cloud for a sign of the eternal covet that there should not again be a flood on the earth to destroy it all the days of the earth. 6.24. For this reason it is ordained and written on the heavenly tables, that they should celebrate the feast of weeks in this month once a year, to renew the covet every year. 6.25. And this whole festival was celebrated in heaven from the day of creation till the days of Noah-twenty-six jubilees and five weeks of years:... 6.26. and Noah and his sons observed it for seven jubilees and one week of years, till the day of Noah's death, and from the day of Noah's death his sons did away with (it) until the days of Abraham, and they ate blood. 6.27. But Abraham observed it, and Isaac and Jacob and his children observed it up to thy days 6.28. and in thy days the children of Israel forgot it until ye celebrated it anew on this mountain. 6.29. And do thou command the children of Israel to observe this festival in all their generations for a commandment unto them: 6.30. one day in the year in this month they shall celebrate the festival. 6.31. For it is the feast of weeks and the feast of first-fruits: |
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3. Philo of Alexandria, On The Special Laws, 2.188-2.192 (1st cent. BCE - 1st cent. CE)
| 2.188. Immediately after comes the festival of the sacred moon; in which it is the custom to play the trumpet in the temple at the same moment that the sacrifices are offered. From which practice this is called the true feast of trumpets, and there are two reasons for it, one peculiar to the nation, and the other common to all mankind. Peculiar to the nation, as being a commemoration of that most marvellous, wonderful, and miraculous event that took place when the holy oracles of the law were given; 2.189. for then the voice of a trumpet sounded from heaven, which it is natural to suppose reached to the very extremities of the universe, so that so wondrous a sound attracted all who were present, making them consider, as it is probable, that such mighty events were signs betokening some great things to be accomplished. 2.190. And what more great or more beneficial thing could come to men than laws affecting the whole race? And what was common to all mankind was this: the trumpet is the instrument of war, sounding both when commanding the charge and the retreat. ... There is also another kind of war, ordained of God, when nature is at variance with itself, its different parts attacking one another. 2.191. And by both these kinds of war the things on earth are injured. They are injured by the enemies, by the cutting down of trees, and by conflagrations; and also by natural injuries, such as droughts, heavy rains, lightning from heaven, snow and cold; the usual harmony of the seasons of the year being transformed into a want of all concord. 2.192. On this account it is that the law has given this festival the name of a warlike instrument, in order to show the proper gratitude to God as the giver of peace, who has abolished all seditions in cities, and in all parts of the universe, and has produced plenty and prosperity, not allowing a single spark that could tend to the destruction of the crops to be kindled into flame.THE NINTH FESTIVALXXXII. |
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4. Mishnah, Berachot, 9.5 (1st cent. CE - 3rd cent. CE)
| 9.5. One must bless [God] for the evil in the same way as one blesses for the good, as it says, “And you shall love the Lord your God with all your heart, with all your soul and with all your might” (Deuteronomy 6:5). “With all your heart,” with your two impulses, the evil impulse as well as the good impulse. “With all your soul” even though he takes your soul [life] away from you. “With all your might” with all your money. Another explanation, “With all your might” whatever treatment he metes out to you. One should not show disrespect to the Eastern Gate, because it is in a direct line with the Holy of Holies. One should not enter the Temple Mount with a staff, or with shoes on, or with a wallet, or with dusty feet; nor should one make it a short cut, all the more spitting [is forbidden]. All the conclusions of blessings that were in the Temple they would say, “forever [lit. as long as the world is].” When the sectarians perverted their ways and said that there was only one world, they decreed that they should say, “for ever and ever [lit. from the end of the world to the end of the world]. They also decreed that a person should greet his fellow in God’s name, as it says, “And behold Boaz came from Bethlehem and said to the reapers, ‘May the Lord be with you.’ And they answered him, “May the Lord bless you’” (Ruth 2:. And it also says, “The Lord is with your, you valiant warrior” (Judges 6:12). And it also says, “And do not despise your mother when she grows old” (Proverbs 23:22). And it also says, “It is time to act on behalf of the Lord, for they have violated Your teaching” (Psalms 119:126). Rabbi Natan says: [this means] “They have violated your teaching It is time to act on behalf of the Lord.”" |
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5. Mishnah, Hulin, 2.9 (1st cent. CE - 3rd cent. CE)
| 2.9. One may not slaughter [so that the blood runs] into the sea or into rivers, or into vessels, But one may slaughter into a pool (or vessel) of water. And when on board a ship on to vessels. One may not slaughter at all into a hole, but one may dig a hole in his own house for the blood to run into. In the street, however, he should not do so as not to follow the ways of the heretics." |
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6. Mishnah, Parah, 3.3 (1st cent. CE - 3rd cent. CE)
| 3.3. They arrived at the Temple Mount and got down. Beneath the Temple Mount and the courts was a hollow which served as a protection against a grave in the depths. And at the entrance of the courtyard there was the jar of the ashes of the sin-offerings. They would bring a male from among the sheep and tie a rope between its horns, and a stick or a bushy twig was tied at the other end of the rope, and this was thrown into the jar. They then struck the male [sheep] was so that it started backwards. And [a child] took the ashes and put it [enough] so that it could be seen upon the water. Rabbi Yose said: do not give the Sadducees an opportunity to rule! Rather, [a child] himself took it and mixed it." |
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7. Mishnah, Rosh Hashanah, 2.1 (1st cent. CE - 3rd cent. CE)
| 2.1. If they don’t know him [the one who came to testify], they send another with him to testify concerning [his reliability]. Originally testimony concerning the new moon was accepted from anyone. When the minim disrupted this, it was decreed that testimony should be received only from persons known [to the court]." |
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8. Mishnah, Sanhedrin, 4.5 (1st cent. CE - 3rd cent. CE)
| 4.5. How did they admonish witnesses in capital cases? They brought them in and admonished them, [saying], “Perhaps you will say something that is only a supposition or hearsay or secondhand, or even from a trustworthy man. Or perhaps you do not know that we shall check you with examination and inquiry? Know, moreover, that capital cases are not like non-capital cases: in non-capital cases a man may pay money and so make atonement, but in capital cases the witness is answerable for the blood of him [that is wrongfully condemned] and the blood of his descendants [that should have been born to him] to the end of the world.” For so have we found it with Cain that murdered his brother, for it says, “The bloods of your brother cry out” (Gen. 4:10). It doesn’t say, “The blood of your brother”, but rather “The bloods of your brother” meaning his blood and the blood of his descendants. Another saying is, “The bloods of your brother” that his blood was cast over trees and stones. Therefore but a single person was created in the world, to teach that if any man has caused a single life to perish from Israel, he is deemed by Scripture as if he had caused a whole world to perish; and anyone who saves a single soul from Israel, he is deemed by Scripture as if he had saved a whole world. Again [but a single person was created] for the sake of peace among humankind, that one should not say to another, “My father was greater than your father”. Again, [but a single person was created] against the heretics so they should not say, “There are many ruling powers in heaven”. Again [but a single person was created] to proclaim the greatness of the Holy Blessed One; for humans stamp many coins with one seal and they are all like one another; but the King of kings, the Holy Blessed One, has stamped every human with the seal of the first man, yet not one of them are like another. Therefore everyone must say, “For my sake was the world created.” And if perhaps you [witnesses] would say, “Why should we be involved with this trouble”, was it not said, “He, being a witness, whether he has seen or known, [if he does not speak it, then he shall bear his iniquity] (Lev. 5:1). And if perhaps you [witnesses] would say, “Why should we be guilty of the blood of this man?, was it not said, “When the wicked perish there is rejoicing” (Proverbs 11:10).]" |
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9. Mishnah, Taanit, 2.3-2.4 (1st cent. CE - 3rd cent. CE)
| 2.3. These are they [the six additional benedictions:Zikhronot,“If there is famine in the land, if there is pestilence” (I Kings 8:37). Shofarot,“The word of the Lord which came to Jeremiah concerning the droughts” (Jeremiah. “In my distress I called to the Lord and He answered me” (Psalm. “I turn my eyes to the mountains” (Psalm. “Out of the depths I call you, O Lord” (Psalm. “A prayer of lowly man when he is faint” (Psalm. Rabbi Judah says: he need not recite the zikhronot and shofarot, but instead he should recite [the following]: And he ends each [of the additional six] sections with its appropriate concluding benediction." 2.4. For the first he says: He who answered Abraham on Mt. Moriah, He shall answer you and hear the voice of your cry on this day. Blessed are You Lord who redeems Israel. For the second he says: He who answered our fathers at the Sea of Reeds, He shall answer you and hear the voice of your cry on this day. Blessed are You Lord who remembers all forgotten things. For the third he says: He who answered Joshua in Gilgal, He shall answer you and hear the voice of your cry on this day. Blessed are You Lord who hears a blast. For the fourth he says: He who answered Shmuel in Mitzpah, He shall answer you and hear the voice of your cry on this day. Blessed are You Lord who listens to cries. For the fifth he says: He who answered Elijah on Mt. Carmel, He shall answer you and hear the voice of your cry on this day. Blessed are You Lord who hears prayer. For the sixth he says: He who answered Jonah in the belly of the fish, He shall answer you and hear the voice of your cry on this day. Blessed are You Lord who answers in time of trouble. For the seventh he says: He who answered David and Shlomo his son in Jerusalem, He shall answer you and hear the voice of your cry on this day. Blessed are You Lord Who has mercy upon the land. |
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10. Tosefta, Bava Metzia, 2.33 (1st cent. CE - 2nd cent. CE)
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11. Tosefta, Berachot, 3.25 (1st cent. CE - 2nd cent. CE)
| 3.25. Eighteen Berachot (blessings) that the Sages have established [for the prayer of Shemoneh Esreh have been established] corresponding to eighteen mentionings [of God’s name] that are in [the chapter of Tehillim that begins with] “Ascribe to God, children of princes…” (Tehillim 29) And [a person] should include [the Beracha against] the heretics into [the Beracha] for the Rabbinical Jews, and [the Beracha] for the converts into [the Beracha] for the elders, and [the Beracha] for [King] David into [the Beracha] for [the rebuilding of] Jerusalem. But if he said each one of them separately he has fulfilled his obligation [of praying Shemoneh Esreh]." |
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12. Tosefta, Hulin, 1.1, 2.19, 2.21 (1st cent. CE - 2nd cent. CE)
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13. Tosefta, Parah, 3.3 (1st cent. CE - 2nd cent. CE)
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14. Tosefta, Sanhedrin, 8.7, 13.5 (1st cent. CE - 2nd cent. CE)
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15. Tosefta, Shabbat, 13.5 (1st cent. CE - 2nd cent. CE)
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16. Tosefta, Taanit, 1.12-1.13 (1st cent. CE - 2nd cent. CE)
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17. Tosefta, Yadayim, 2.13 (1st cent. CE - 2nd cent. CE)
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18. Anon., Sifre Numbers, 143 (2nd cent. CE - 4th cent. CE)
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19. Babylonian Talmud, Avodah Zarah, None (3rd cent. CE - 6th cent. CE)
| 27b. סבר שיולי משאיל לו כי היכי דמשאיל לו משאיל לאיניש אחרינא ואתא ההוא גברא לאורועי נפשיה,אמר רבא א"ר יוחנן ואמרי לה אמר רב חסדא אמר ר' יוחנן ספק חי ספק מת אין מתרפאין מהן ודאי מת מתרפאין מהן,מת האיכא חיי שעה לחיי שעה לא חיישינן,ומנא תימרא דלחיי שעה לא חיישינן דכתיב (מלכים ב ז, ד) אם אמרנו נבוא העיר והרעב בעיר ומתנו שם והאיכא חיי שעה אלא לאו לחיי שעה לא חיישינן,מיתיבי לא ישא ויתן אדם עם המינין ואין מתרפאין מהן אפילו לחיי שעה,מעשה בבן דמא בן אחותו של ר' ישמעאל שהכישו נחש ובא יעקב איש כפר סכניא לרפאותו ולא הניחו ר' ישמעאל וא"ל ר' ישמעאל אחי הנח לו וארפא ממנו ואני אביא מקרא מן התורה שהוא מותר ולא הספיק לגמור את הדבר עד שיצתה נשמתו ומת,קרא עליו ר' ישמעאל אשריך בן דמא שגופך טהור ויצתה נשמתך בטהרה ולא עברת על דברי חביריך שהיו אומרים (קהלת י, ח) ופורץ גדר ישכנו נחש,שאני מינות דמשכא דאתי למימשך בתרייהו,אמר מר לא עברת על דברי חביריך שהיו אומרים ופורץ גדר ישכנו נחש איהו נמי חויא טרקיה חויא דרבנן דלית ליה אסותא כלל,ומאי ה"ל למימר (ויקרא יח, ה) וחי בהם ולא שימות בהם,ור' ישמעאל הני מילי בצינעא אבל בפרהסיא לא דתניא היה רבי ישמעאל אומר מנין שאם אומרים לו לאדם עבוד עבודת כוכבים ואל תהרג שיעבוד ואל יהרג ת"ל וחי בהם ולא שימות בהם יכול אפילו בפרהסיא ת"ל (ויקרא כב, לב) ולא תחללו את שם קדשי,אמר רבה בר בר חנה אמר רבי יוחנן כל מכה שמחללין עליה את השבת אין מתרפאין מהן ואיכא דאמרי אמר רבה בר בר חנה אמר ר"י כל | 27b. The Gemara explains the rationale for this leniency: The gentile bthinksto himself that the Jew bis asking himfor his opinion, and bjust as he is asking him, hewill also bask other people. Andthe gentile further reasons that if the Jew understands that the gentile provided him with bad advice, bthat man,i.e., the gentile, bwill bring harm to himselfby damaging his own reputation. It is therefore assumed that the gentile will provide good advice in order to avoid sullying his reputation.,§ The Gemara analyzes a situation in which one may receive medical attention from gentiles. bRava saysthat bRabbi Yoḥa says, and some saythat it was bRav Ḥisdawho bsaysthat bRabbi Yoḥa says:If there is buncertaintyas to whether a patient will blivethrough his ailment bor diefrom it, the patient bmay not be treated bygentile doctors, due to the concern that a gentile doctor may kill him. But if it is bcertainthat he will bdiefrom his affliction if he does not receive medical attention, the patient bis treated by them,as it is possible that a gentile physician will save him.,The Gemara challenges: Even if it is certain that the patient will bdieif he is not treated, bnevertheless, there isvalue in btemporal life,i.e., it is preferable for the Jew to live as long as his ailment permits rather than risking a premature death at the hands of a gentile physician. The Gemara explains: bWe are not concerned withthe value of btemporal lifewhen there is a possibility of permanent recovery, and therefore it is preferable to receive medical attention from a gentile despite the risk involved.,The Gemara asks: bAnd from where do you say that we are not concerned withthe value of btemporal life? As it is writtenwith regard to the discussion held by four lepers left outside a besieged city: b“If we say: We will enter into the city, then the famine is in the city, and we shall die there;and if we sit still here, we also die. Now therefore come, and let us fall unto the host of the Arameans; if they save us alive, we shall live; and if they kill us, we shall but die” (II Kings 7:4). The starving lepers decided to risk premature death rather than waiting to die of starvation. The Gemara asks rhetorically: bBut isn’t there temporal lifeto be lost, in which case it would be preferable for the lepers to remain in their current location? bRather, is it notapparent that bwe are not concerned withthe value of btemporal life? /b,The Gemara braises an objectionfrom a ibaraita /i: bA person may not engage in dealings with heretics, and one may not be treated by them even ina case where it is clear that without medical attention one will experience only btemporal life. /b,The ibaraitarelates an incident illustrating this point. There was ban incident involving ben Dama, son of Rabbi Yishmael’s sister,in bwhich a snake bit him. Andfollowing the attack, bYa’akov of the village of Sekhanya,who was a heretic, a disciple of Jesus the Nazarene, bcame to treat him, but Rabbi Yishmael did not let himdo so. bAndben Dama bsaid to him: Rabbi Yishmael, my brother, let himtreat me, band I will be healed by him. And I will cite a verse from the Torahto prove bthataccepting medical treatment from a heretic bis permittedin this situation. bButben Dama bdid not manage to complete the statement before his soul departedfrom his body band he died. /b, bRabbi Yishmael recited with regard to him: Fortunate are you, ben Dama, as your body is pure and your soul departed in purity, and you did not transgress the statement of your colleagues, who would statethe verse: b“And who breaks through a fence, a snake shall bite him”(Ecclesiastes 10:8), i.e., one is punished for ignoring an ordice of the Sages. This incident indicates that it is not permitted for one to accept medical treatment from a heretic even if it is clear that without it he will live only a short while.,The Gemara explains: bHeresy is different, as it is enticing.In other words, it is prohibited to accept medical treatment from a heretic, bas one might come to be drawn afterhis heresy. By contrast, receiving medical attention from a gentile is permitted if it is certain that one will die if he is not treated., bThe Master saidabove: bYou did not transgress the statement of your colleagues, who would statethe verse: b“And who breaks through a fence, a snake shall bite him.”The Gemara asks: But ben Dama bwas also bitten by a snake,even before this declaration of Rabbi Yishmael, so how can he be considered fortunate? The Gemara explains: bThe snakementioned in the curse bof the Sagesis different, bas it has no remedy whatsoever.Although ben Dama was bitten by a snake, he could have been healed.,The Gemara asks: bAnd what wouldben Dama bhave said?What verse did he intend to cite as proof that it was permitted for him to be healed by a heretic? The verse: “You shall therefore keep My statutes, and My ordices, which if a man do, bhe shall live by them”(Leviticus 18:5). This teaches that one should live by God’s mitzvot, band not that heshould bdie by them.This verse serves as a source for the ihalakhathat one may violate a prohibition in order to save a life., bAndwhy does bRabbi Yishmaeldisagree with ben Dama? He maintains that bthis matterapplies only bin private, but in publicone bmay nottransgress a prohibition even to save a life. bAs it is taughtin a ibaraitathat bRabbi Yishmael would say: From whereis it derived bthat ifoppressors bsay to a person: Worship an idol and youwill bnot be killed, that one should worshipthe idol band not be killed? The verse states: “He shall live by them,” and not that he should die by them.One bmighthave thought that this applies beven in public.Therefore, bthe verse states: “And you shall not profane My holy name”(Leviticus 22:32).,§ The Gemara examines various circumstances in which one is permitted to receive treatment from a gentile. bRabba bar bar Ḥana saysthat bRabbi Yoḥa says:With regard to bany injury for which Shabbat is desecrated, one may not be treated bygentiles. bAnd there arethose bwho saythat bRabba bar bar Ḥana saysthat bRabbi Yoḥa says:With regard to bany /b |
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20. Babylonian Talmud, Sanhedrin, None (3rd cent. CE - 6th cent. CE)
| 74a. רב פפא אמר במפותה ודברי הכל,אביי אמר ביכול להציל באחד מאבריו ורבי יונתן בן שאול היא דתניא רבי יונתן בן שאול אומר רודף שהיה רודף אחר חבירו להורגו ויכול להצילו באחד מאבריו ולא הציל נהרג עליו,מאי טעמא דרבי יונתן בן שאול דכתיב (שמות כא, כב) וכי ינצו אנשים (יחדו) וגו' וא"ר אלעזר במצות שבמיתה הכתוב מדבר דכתיב (שמות כא, כג) ואם אסון יהיה ונתתה נפש תחת נפש ואפ"ה אמר רחמנא ולא יהיה אסון ענוש יענש,אי אמרת בשלמא יכול להציל באחד מאבריו לא ניתן להצילו בנפשו היינו דמשכחת לה דיענש כגון שיכול להציל באחד מאבריו,אלא אי אמרת יכול להציל באחד מאבריו נמי ניתן להצילו בנפשו היכי משכחת לה דיענש,דילמא שאני הכא דמיתה לזה ותשלומין לזה,לא שנא דאמר רבא רודף שהיה רודף אחר חבירו ושיבר את הכלים בין של נרדף ובין של כל אדם פטור מאי טעמא מתחייב בנפשו הוא,ונרדף ששיבר את הכלים של רודף פטור של כל אדם חייב של רודף פטור שלא יהא ממונו חביב עליו מגופו של כל אדם חייב שמציל עצמו בממון חבירו,ורודף שהיה רודף אחר רודף להצילו ושיבר את הכלים בין של רודף בין של נרדף בין של כל אדם פטור ולא מן הדין שאם אי אתה אומר כן נמצא אין לך כל אדם שמציל את חבירו מיד הרודף:,אבל הרודף אחר בהמה: תניא רשב"י אומר העובד עבודת כוכבים ניתן להצילו בנפשו מק"ו ומה פגם הדיוט ניתן להצילו בנפשו פגם גבוה לא כל שכן וכי עונשין מן הדין קא סבר עונשין מן הדין,תניא רבי אלעזר ברבי שמעון אומר המחלל את השבת ניתן להצילו בנפשו סבר לה כאבוה דאמר עונשין מן הדין ואתיא שבת בחילול חילול מעבודת כוכבים,א"ר יוחנן משום ר"ש בן יהוצדק נימנו וגמרו בעליית בית נתזה בלוד כל עבירות שבתורה אם אומרין לאדם עבור ואל תהרג יעבור ואל יהרג חוץ מעבודת כוכבים וגילוי עריות ושפיכות דמים,ועבודת כוכבים לא והא תניא א"ר ישמעאל מנין שאם אמרו לו לאדם עבוד עבודת כוכבים ואל תהרג מנין שיעבוד ואל יהרג ת"ל (ויקרא יח, ה) וחי בהם ולא שימות בהם,יכול אפילו בפרהסיא תלמוד לומר (ויקרא כב, לב) ולא תחללו את שם קדשי ונקדשתי,אינהו דאמור כר"א דתניא ר"א אומר (דברים ו, ה) ואהבת את ה' אלהיך בכל לבבך ובכל נפשך ובכל מאדך אם נאמר בכל נפשך למה נאמר בכל מאדך ואם נאמר בכל מאדך למה נאמר בכל נפשך,אם יש לך אדם שגופו חביב עליו מממונו לכך נאמר בכל נפשך ואם יש לך אדם שממונו חביב עליו מגופו לכך נאמר בכל מאדך,גילוי עריות ושפיכות דמים כדרבי דתניא רבי אומר (דברים כב, כו) כי כאשר יקום איש על רעהו ורצחו נפש כן הדבר הזה וכי מה למדנו מרוצח,מעתה הרי זה בא ללמד ונמצא למד מקיש רוצח לנערה המאורסה מה נערה המאורסה ניתן להצילו בנפשו אף רוצח ניתן להצילו בנפשו,ומקיש נערה המאורסה לרוצח מה רוצח יהרג ואל יעבור אף נערה המאורסה תהרג ואל תעבור,רוצח גופיה מנא לן סברא הוא דההוא דאתא לקמיה דרבה ואמר ליה אמר לי מרי דוראי זיל קטליה לפלניא ואי לא קטלינא לך אמר ליה לקטלוך ולא תיקטול מי יימר דדמא דידך סומק טפי דילמא דמא דהוא גברא סומק טפי,כי אתא רב דימי א"ר יוחנן לא שנו אלא שלא בשעת גזרת המלכות) אבל בשעת גזרת המלכות אפי' מצוה קלה יהרג ואל יעבור,כי אתא רבין א"ר יוחנן אפי' שלא בשעת גזרת מלכות לא אמרו אלא בצינעא אבל בפרהסיא אפי' מצוה קלה יהרג ואל יעבור,מאי מצוה קלה אמר רבא בר רב יצחק אמר רב | 74a. bRav Pappa says:The ruling of the mishna, which lists his sister among those for whom he must pay a fine, is stated bwith regard toa young woman who was bseduced, andin the case of seduction ball agreethat the woman is not saved at the cost of the seducer’s life, as the intercourse was consensual., bAbaye says:The ruling of the mishna is stated bwith regard toa young woman who was raped in a case bwhereone was bable to saveher by injuring the pursuer bin one of his limbs,so that it was not necessary to kill him in order to achieve her rescue, band it isin accordance with the opinion of bRabbi Yonatan ben Shaul. As it is taughtin a ibaraita /i: bRabbi Yonatan ben Shaul says:If ba pursuer was pursuing another to kill him, andone was bable to savethe pursued party without killing the pursuer, but instead by injuring him bin one of his limbs, but he did not save himin this manner and rather chose to kill him, bhe is executed on his accountas a murderer.,The Gemara explains: bWhat is the reason of Rabbi Yonatan ben Shaul? As it is written: “If men striveand strike a woman with child, so that her fruit departs, and yet no further harm ensues, he shall be punished, according to the demands that the woman’s husband makes on him; and he shall pay it as the judges determine” (Exodus 21:22). bAndconcerning this bRabbi Elazar says: The verse is speaking of striving to kill,where each man was trying to kill the other. The proof is bthat it is written: “But if any harm ensues, then you shall give life for life”(Exodus 21:23), and if there was no intention to kill, why should he be executed? bAnd even so, the Merciful One states: “And yet no further harm ensues, he shall be punished,”teaching that he must pay the monetary value of the fetus to the woman’s husband., bGranted, if you saythat in a case where one is bable to savethe pursued party by injuring the pursuer bin one of his limbs, he may not savethe pursued party batthe cost of the pursuer’s blife,and if he killed the pursuer rather than injure him he is liable to receive the death penalty, bthat is how you findthe possibility bthatthe one who ultimately struck the woman bwould be punished.This would be in a case bwhere it was possible to savethe man under attack, i.e., one of the men who were fighting, by injuring the pursuer, i.e., the other man, who ultimately struck the woman, bin one of his limbs.In this case, the one who ultimately struck the woman was not subject to being killed. Therefore, he is subject to pay a fine., bBut if you saythat even if one is bable to savethe pursued party by injuring the pursuer bin one of his limbs, he can also save him atthe cost of the pursuer’s blife, how can you findthe possibility bthatthe one who ultimately struck the woman bwould be punished?When he was going to strike the other man, he was at risk of being killed, as anybody could have killed him at that time, and the ihalakhais that anybody who commits an act warranting death exempts himself from any monetary obligation ensuing from that act.,The Gemara tries to refute this reasoning: bPerhaps it is different here becausehis two liabilities are not on account of the same person; rather, his liability to be put to bdeath is on account of thisperson, the man with whom he fought, bwhilehis liability to give bpayment is on account of thatperson, the woman he ultimately struck. Consequently, he is liable to receive both punishments.,The Gemara rejects this distinction: There bis no difference. As Rava says:If ba pursuer was pursuing anotherto kill him, bandduring the course of the chase the pursuer bbroke vesselsbelonging beither to the person being pursued or to anyone else,he is bexemptfrom paying for the broken vessels. bWhat is the reasonfor this? The reason is that bhe is liable to be killed,since everyone is entitled to kill him in order to save the victim’s life, and one who commits an act rendering himself liable to be killed is exempt from any monetary obligation arising from that act, even if the payment were to be made to a person not connected to the act for which he is liable to be killed.,Rava continues: bAndif bthe pursuedparty bbroke vesselswhile fleeing from the pursuer, if those vessels bbelonged to the pursuer,the pursued party is bexempt.But if they bbelonged to anyoneelse, he is bliableto pay for them. The Gemara explains: If the vessels bbelonged to the pursuer,he is bexempt.The reason for this is bso that thepursuer’s bproperty should not be more precious tothe pursuer bthan hisown bbody.Were the one being pursued to cause the pursuer bodily harm, he would be exempt; all the more so when the pursued one breaks the pursuer’s vessels. And if the vessels belonged bto anyoneelse, he is bliable, as he saved himself atthe expense of banother’s property,and that other person should not have to suffer a loss on his account.,Rava continues: bButif one bpursuer was pursuinganother bpursuerin order bto save him,i.e., if he was trying to save the person being pursued by killing the pursuer, bandwhile doing so bhe broke vesselsbelonging beither to the pursuer or to the one being pursued, or to anyoneelse, he is bexemptfrom paying for them. The Gemara comments: This bis not bystrict blaw,as if one who saves himself at another’s expense is liable to pay for the damage, certainly one who saves another at the expense of a third party should bear similar liability. Rather, it is an ordice instituted by the Sages. This is bbecause if you do not saythat he is exempt, it will bbe found that no person will save another from a pursuer,as everyone will be afraid of becoming liable to pay for damage caused in the course of saving the pursued party.,§ The mishna teaches: bButwith regard to bone who pursues an animalto sodomize it, or one who seeks to desecrate Shabbat, or one who is going to engage in idol worship, they are not saved at the cost of their lives. bIt is taughtin a ibaraita /i: bRabbi Shimon ben Yoḥai says: One whoseeks to bworship idols may be savedfrom transgressing batthe cost of bhis life.This is derived bthrough an ia fortiori /iinference: bIfto avoid bthe degradation of an ordinaryperson, such as in the case of a rapist who degrades his victim, bhe can be savedeven batthe cost of bhis life, all the more sois it bnotclear that one may kill the transgressor to avoid bthe degrading ofthe honor of bGodthrough the worship of idols? The Gemara asks: bBut doesthe court badminister punishmentbased bonan ia fortiori binference?The Gemara answers: Rabbi Shimon ben Yoḥai bmaintainsthat the court badministers punishmentbased bonan ia fortiori binference. /b, bIt is taughtin a ibaraita /i: bRabbi Elazar, son of Rabbi Shimon, says: One whoseeks to bdesecrate Shabbat may be savedfrom transgressing even batthe cost of bhis life.The Gemara explains that Rabbi Elazar bholds in accordance withthe opinion of bhis father,Rabbi Shimon, bwho says:The court badministers punishmentbased bonan ia fortiori binference, andthe ihalakhawith regard to one who desecrates bShabbat is derived fromthe ihalakhawith regard to bidol worshipby way of a verbal analogy between the word b“desecration”mentioned in the context of Shabbat and the word b“desecration”mentioned in the context of idol worship.,§ The Gemara now considers which prohibitions are permitted in times of mortal danger. bRabbi Yoḥa says in the name of Rabbi Shimon ben Yehotzadak:The Sages who discussed this issue bcountedthe votes of those assembled band concluded in the upper story of the house of Nitza inthe city of bLod:With regard to ballother btransgressions in the Torah, if a person is told: Transgressthis prohibition band you will not be killed, he may transgressthat prohibition band not be killed,because the preserving of his own life overrides all of the Torah’s prohibitions. This is the ihalakhaconcerning all prohibitions bexcept forthose of bidol worship, forbidden sexual relations, and bloodshed.Concerning those prohibitions, one must allow himself to be killed rather than transgress them.,The Gemara asks: bAndshould one bnottransgress the prohibition of bidol worshipto save his life? bBut isn’t it taughtin a ibaraita /i: bRabbi Yishmael said: From whereis it derived bthat if a person is told: Worship idols and you will not be killed, from whereis it derived bthat he should worshipthe idol band not be killed? The verse states:“You shall keep My statutes and My judgments, which a person shall do, band he shall live by them”(Leviticus 18:5), thereby teaching that the mitzvot were given to provide life, bbutthey were bnotgiven so bthatone will bdie due to theirobservance.,The ibaraitacontinues: One bmighthave thought that it is permitted to worship the idol in this circumstance beven in public,i.e., in the presence of many people. Therefore, bthe verse states: “Neither shall you profane My holy name; but I will be hallowedamong 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: bThosein the upper story of the house of Nitza bstatedtheir opinion bin accordance withthe opinion of bRabbi Eliezer. As it is taughtin a ibaraitathat bRabbi Eliezer says:It is stated: b“And you shall love the Lord your God with all your heart, with all your soul, and with all your might”(Deuteronomy 6:5). bIf it is stated: “With all your soul,” why is italso bstated: “With all your might,”which indicates with all your material possessions? bAnd if it is stated: “With all your might,” why is italso bstated: “With all your soul”?One of these clauses seems to be superfluous.,Rather, this serves to teach that bif you have a person whose body is more precious to him than his property, it is therefore stated: “With all your soul.”That person must be willing to sacrifice even his life to sanctify God’s name. bAnd if you have a person whose property is more precious to him than his body, it is therefore stated: “With all your might.”That person must even be prepared to sacrifice all his property for the love of God. 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 bforbidden sexual relations andthe prohibition of bbloodshed?This is bin accordance withthe opinion bof RabbiYehuda HaNasi. bAs it is taughtin a ibaraita /i: bRabbiYehuda HaNasi bsays: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; bfor as when a man rises against his neighbor, and slays him,so too with this matter” (Deuteronomy 22:26). But why would the verse mention murder in this context? bBut what do we learnhere bfrom a murderer? /b, bNow,the mention of murder bcamein order bto teacha ihalakhaabout the betrothed young woman, band it turns outthat, in addition, bit derivesa ihalakhafrom that case. The Torah bjuxtaposesthe case of ba murderer tothe case of ba betrothed young womanto indicate that bjust asin the case of a betrothed young woman bone may save her atthe cost of the rapist’s blife, so too,in the case of ba murderer, one may savethe potential victim batthe cost of the murderer’s blife. /b, bAndconversely, the Torah bjuxtaposes a betrothed young woman to a murdererto indicate that bjust aswith regard to a potential bmurderer,the ihalakhais that if one was ordered to murder another, bhe must be killed and not transgressthe prohibition of bloodshed, bso too,with regard to ba betrothed young woman,if she is faced with rape, bshe must be killed and not transgressthe prohibition of forbidden sexual relations.,The Gemara asks: bFrom where do wederive this ihalakhawith regard to ba murderer himself,that one must allow himself to be killed rather than commit murder? The Gemara answers: bIt isbased on blogical reasoningthat one life is not preferable to another, and therefore there is no need for a verse to teach this ihalakha /i. The Gemara relates an incident to demonstrate this: bAswhen ba certain person came before Rabba and said to him: The lord of my place,a local official, bsaid to me: Go kill so-and-so, and if not I will kill you,what shall I do? Rabba bsaid to him:It is preferable that bhe should kill you and you should not kill. Who is to say that your blood is redderthan his, that your life is worth more than the one he wants you to kill? bPerhaps that man’s blood is redder.This logical reasoning is the basis for the ihalakhathat one may not save his own life by killing another.,§ bWhen Rav Dimi camefrom Eretz Yisrael to Babylonia, bhe saidthat bRabbi Yoḥasaid: The Sages btaughtthat one is permitted to transgress prohibitions in the face of mortal danger bonly when it is not a time ofreligious bpersecution. But in a time ofreligious bpersecution,when the gentile authorities are trying to force Jews to violate their religion, bevenif they issued a decree about ba minor mitzva, one must be killed and not transgress. /b, bWhen Ravin camefrom Eretz Yisrael to Babylonia, he said that bRabbi Yoḥa said: Even whenit is bnot a time ofreligious bpersecution,the Sages bsaidthat one is permitted to transgress a prohibition in the face of mortal danger bonlywhen he was ordered to do so bin private. Butif he was ordered to commit a transgression bin public, evenif they threaten him with death if he does not transgress ba minor mitzva, he must be killed and not transgress. /b,The Gemara asks: bWhat is a minor mitzvafor this purpose? bRava bar Yitzḥak saysthat bRav says: /b |
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