The Threat Of Death
‘Sign or Else…’
(Kesubos 19a)
In our Gemara, R’ Meir states that if witnesses signed a document and later claimed that someone forced them to sign by “holding a gun to their heads,” they are not believed and the document is valid. R’ Chisda explains that by claiming that they signed on a document they knew to be false, they admit to be wicked people – and no one is believed to testify that he is wicked. Rava questions this explanation. It is not considered wicked to sign falsely when one’s life is being threatened since there is no obligation to sacrifice one’s life in such a case.
Rishonim struggle to explain R’ Chisda’s opinion. It seems to be an accepted principle repeated throughout Shas that a person need only sacrifice his life to avoid murder, illicit relations, idolatry, or the public desecration of Hashem’s Name. Does R’ Chisda dispute this rule?
Pious Behavior
Some Rishonim suggest that according to R’ Chisda, although a person is not obligated to sacrifice his life rather than sign falsely, it is pious behavior to do so. Therefore, the witnesses are not believed to say that they did not act piously. Rava, however, maintains that the witnesses should be believed to say they followed the strict letter of the law and chose not to be especially pious (see Ramban).
Unnecessary Martyrdom
With this, we touch upon a fundamental debate among the Rishonim – whether a person may choose to sacrifice his life for a mitzvah even when the Torah does not require it. The Tur (Y.D. 157) rules that he may while the Rambam (Yesodei HaTorah 5:4) maintains that he may not. If he does nonetheless, according to the Rambam, he has essentially committed suicide.
Hashem Yikom Damo
Rabbi Elchanan Wasserman, zt”l, Hy”d, who was murdered by the Nazis in sanctification of Hashem’s Name, argues (Kovetz Ha’aros 48 s.k. 17) that Rishonim only debate a case in which a person forces another to perform an aveirah. If, however, natural circumstances (e.g. an illness) forces a person to perform an aveirah, everyone agrees that he may perform the aveirah to save his life. Indeed, he must; if he doesn’t, he has essentially committed suicide.
What difference does it make if natural circumstances or the threat of violence forces a person to sin? Rabbi Wasserman explains that when a person forces someone to sin, the desecration of Hashem’s Name is at stake, and when a victim resists, he sanctifies Hashem’s Name.
In Public
The Torah only obligates a person to refuse to sinand sanctify Hashem’s Name when he is in public, i.e., in the presence of 10 Jews.
The Tur maintains that a person sanctifies Hashem’s Name by refusing to sineven in private. Thus, a person may sacrifice his life and refuse to transgress even the smallest aveirah, even in private. He is not obligated to do so, however. The Rambam, on the other hand, maintains that a person does not sanctify Hashem’s Name by refusing to sinin private. Therefore, doing so is forbidden.