The Threat Of Death
“Sign or Else…”
(Kesubos 19a)
In our Gemara, R’ Meir says that if witnesses signed on a document and later claimed that they signed falsely under threat of death, they are not believed for undermining the document. R’ Chisda explains that by claiming that they signed falsely, they admit to be wicked people – and no one is believed in testifying that he is wicked. Rava questions this explanation. It is not considered wicked to sign falsely under threat of death, since there is no obligation to sacrifice one’s life in such a case.
The Rishonim struggle to explain R’ Chisda’s opinion. It seems to be an accepted principle repeated throughout Shas, that one need only sacrifice his life to avoid murder, illicit relations, idolatry or the public desecration of Hashem’s Name. Does R’ Chisda truly dispute this?
Pious Behavior
Some Rishonim suggest that according to R’ Chisda, although one is not obligated to sacrifice his life rather than sign falsely, it is pious behavior to do so. Therefore, the witnesses are not believed if they say that they did not piously sacrifice their lives. To this, Rava responds that since there is no obligation to sacrifice one’s life in such a case, the witnesses should be believed in that they followed the strict requirement 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 one may choose to sacrifice his life for a mitzvah, even when the Torah does not obligate it. The Tur (Y.D. 157) rules that one may. The Rambam (Yesodei HaTorah 5:4) maintains that one may not, and if he does so, he is considered as if he committed suicide, which is tantamount to murder.
Hashem Yikom Damo
Rabbi Elchanan Wasserman, zt”l, Hy”d, who was murdered by the Nazis in sanctification of Hashem’s Name, explains this debate (Kovetz Ha’aros 48 s.k. 17). Firstly, he explains that the Rishonim only debate a case in which someone was threatened that if he refuses to perform an aveira, he will be killed. However, all opinions agree that if there is no threat of aggression, but rather sickness or some other natural phenomenon, a person is required to perform an aveira to save a life – he is absolutely obligated to do so (with the exception of idolatry, murder and illicit relations). If he does not, he is like a murderer.
What difference does it make if natural circumstances or the threat of violence force a person to sin? Rabbi Wasserman explains that when someone forces someone else to transgress an aveira, this is a desecration of Hashem’s Name. When a victim resists, he performs a kiddush Hashem – a sanctification of Hashem’s Name. The Torah only requires us to die to sanctify Hashem’s Name in public, rather than transgress an aveira in the presence of ten Jews. However, the Tur understood that it is also considered a kiddush Hashem if performed in private. This is enough to allow one to sacrifice his life, although he is not obligated to do so.
The Rambam, on the other hand, held that there is no kiddush Hashem to sacrifice one’s life in private. Therefore, it is forbidden.
