web analytics
May 18, 2013 /9 Sivan, 5773
At a Glance ▼
Judaism
Sponsored Post
jumping Following a Passion for Sports to Israel

In Israel, a new five month scholarship program being offered to young aspiring athletes – one of them could be you.



Home » Judaism » Parsha »

Yehareg V’al Ya’avor


Latest update: May 3rd, 2012
tell a friend
A statue of Rambam in Cordova, Spain

A statue of Rambam in Cordova, Spain
Photo Credit: Chen Leopold/Flash 90

In both of this week’s parshiyos the Torah discusses the many different types of arayos (forbidden relationships). The following is one unique halacha that is associated with arayos: Concerning most aveiros, if one is put in a predicament where he must choose between saving his life and fulfilling a mitzvah (positive or negative commandment) he must choose to live and transgress the mitzvah. This is derived from the pasuk of  “…v’chai bahem.”  The Gemara in Sanhedrin 74a says that arayos are one of the three mitzvos that are yehareg v’al ya’avor (one must allow himself to be killed so as not to transgress the mitzvah), along with murder and avodah zarah.

One threatened with being killed if he would not transgress a mitzvah (not one of the three wrongdoings for which he must surrender his life) is not punished for transgressing the mitzvah, since he was an oness (forced into it). The Rambam (Hilchos Yesodei HaTorah 5:4) says that if a man is threatened with being killed if he does not violate one of the mitzvos for which he must surrender his life and he allows himself to be killed by not transgressing the mitzvah, he has created a kiddush Hashem. But if he saves his life by violating the mitzvah, it is a chillul Hashem. Nevertheless, since he was forced into it, the individual is not punished for breaching the mitzvah, even though he was supposed to forfeit his life under these conditions. The Rambam writes in a letter that such a person is not called a poshea or a rasha.

Later in that perek the Rambam writes (halacha 6) that the halacha regarding a situation whereby someone forces another to do an aveirah applies when one has a life-threatening sickness that requires him to transgress a mitzvah. If doctors determine that a person will die if he does not transgress a certain mitzvah, he must violate the mitzvah and save his life. However, if his treatment requires him to be in violation of one of the three aforementioned mitzvos for which he must give up his life, he may not disobey the mitzvah even though it is necessary to save his life. The Rambam adds that if one treats his life-threatening sickness by committing one of the three aveiros that are yehareg v’al ya’avor, the beis din will render an appropriate punishment.

The Achronim raise this point and ask a follow-up question: When a person forces another to transgress one of the mitzvos that are in the category of yehareg v’al ya’avor, and if one does not give up his life and instead disobeys the mitzvah, the Rambam said that he is not punished since he was forced. Why then is one punished when he has a life-threatening sickness that is forcing him to violate one of the mitzvos of yehareg v’al ya’avor, and he indeed commits this transgression? What is the difference if the oness resulted from the action of an outside person or from a sickness? In both scenarios the individual did not transgress willingly.

Some Achronim suggest that the Rambam never intended to say that one who commits one of the three aveiros of yehareg v’al ya’avor in order to save his life from his sickness is punished with the sentence associated with that aveirah; rather, the Rambam intended to say that since he should not have taken the medicine the beis din should punish him in their own way. This is similar to makos mardus, whereby the beis din metes out their own punishment. Therefore, a person does not deserve to be punished in both the case when a person forces someone to do an aveirah and the case when a sickness forces one to commit a transgression. This is because in both cases he is considered an oness. But it is still unresolved as to why the Rambam wrote that the beis din should render its own punishment by the halacha of a sickness, but did not hold the same view earlier regarding the halacha of a person who forces someone else to transgress.

Reb Meir Simcha of Davinsk, in his sefer, Ohr Sameach on the Rambam, explains that the two cases cannot be compared. When someone forces a person to do something, he is only doing it to fulfill the will of the person who forced him to take this action. He is not fulfilling his own will. As a result he is considered an oness, and thus does not deserve a punishment. But when one is sick and in order to save his life he must commit a certain aveirah, it is his will to do the aveirah. The sickness is not an outside force; rather it is within him. So when he commits the aveirah, it is considered as if he did it willingly. Hence he deserves the punishment associated with the aveirah he committed.

tell a friend

About the Author: For questions or comments, e-mail RabbiRFuchs@gmail.com.


You might also be interested in:


no comments

You must log in to post a comment.

SocialTwist Tell-a-Friend

Current Top Story
Mandy Patinkin speaking at a Peace Now conference
Yet Another Jewish Org Poised to Honor a BDS Enthusiast (video)
Latest Judaism Stories
Torah-Anytime-logo
Judaism → Torah

I watch my children use blocks to build a large structure, observing the trepidation with which they add each block. As the structure becomes larger there is a greater risk of it collapsing, thus bringing an end to an hour of playful labor. I anticipate what will happen when one child adds a block to the top floor, compromising the integrity of the building and resulting in the collapse of the entire structure. The argument that ensues is predictable, as each child blames the other for “ruining” the fun. As an adult, I wonder about the need to attribute blame. Will assigning blame be instrumental in rebuilding the structure?

Taste-of-Lomdus-logo
Judaism → Parsha

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.

Judaism → Halacha & Hashkafa

In order to carry from one’s home into the street (even when the area is enclosed by a properly constructed eruv), the eruvin ceremony must be performed. This ceremony involves the placing of food in one designated home on behalf of all Sabbath observers in the enclosed area. In order for the eruvin ceremony to be valid, however, it must be performed on behalf of all owners of streets and homes in the enclosed area.

Business-Halacha-logo
Judaism → Halacha & Hashkafa

Hymie was visiting Israel and enjoying an afternoon with his grandchildren in the park. After pushing them on the swings and watching them slither down the slides, he went to sit down on a bench in the corner of the park.

Judaism → Halacha & Hashkafa

Question: On Friday night the chazzan in many shuls ascends the bimah for Kabbalat Shabbos but goes to the amud starting for Barchu. Why?

Judaism → Ask the Rabbi

Question: As Shavuot is fast approaching – a holiday on which we dwell on the story of Ruth and the origins of the royal house of David – I was wondering if you could help me resolve something. Some people say that Rabbi Yehudah HaNassi, the redactor of the six orders of the Mishnah and a scion of King David, purposely kept any mention of Chanukah and the Hasmonean kings out of the Mishnah because the Hasmoneans improperly crowned themselves and ignored the rule that all Jewish kings are supposed to come from the tribe of Yehudah. Is this true?

Menachem
(Via E-Mail)

Judaism → Parsha

The Rema writes (Ohr Hachaim, 494:4), “It is customary to spread branches of trees in our synagogues and homes [on Shavuos] in order to commemorate that which the sages say [Rosh Hashanah 16a] that on Shavuos the world is judged concerning [how many] fruits the trees will produce [that year].”

Judaism → Halacha & Hashkafa

Summer Eruvin
‘A Separate Contribution From Each’
(Eruvin 72b)

Judaism → Parsha

If a man suspects his wife of infidelity, he is to bring witnesses and warn her not to go into private quarters with the man in question. If she violates that warning, he is to bring her to the kohen, who will give her the “bitter waters” to drink. If she was falsely accused and was innocent, she will be blessed with children. If she was guilty, she will die a gruesome death.

Judaism → Columns → Lessons In Emunah

A flash of red caught my eye, and I looked up and saw a cardinal perched on the picnic table on my deck. What a miracle, I marveled. You’re beautiful. Thanks, Hashem. And then my mind’s wheels began to roll, and it struck me that several miracle stories had come my way this week. The stories prodded me to think of and feel Hashem’s presence as a more tangible and vivid reality.

Judaism → Rebbetzin's Viewpoint

Over the years I’ve received letters from all over the world in which people share feelings and thoughts they’ve experienced upon becoming became Torah observant. Usually these letters arrive not long after the writers had heard one of my speeches. No matter where a particular speech took place, and no matter whether I spoke the language or had to use a translator, the magic always works. In reality, it’s not magic at all but a little voice in the soul – the “Pintele Yid,” that spark of G-d’s Word engraved on all our neshamahs. Here is one recent letter.

Judaism → Parsha

By the time these words are printed, there will be only a few more days left before Shavuos. We hope that up until that point, we will still have been counting the days of Sefiras Ha’Omer with a bracha, but we also know that too often, despite our best efforts, we drop out of counting with a bracha some time before the count is complete.

Judaism → Parsha

In this week’s parshah the Torah tells us that the bechorim were replaced by the levi’im to serve in the Mikdash. The Torah says that there were 273 more bechorim than levi’im. Those bechorim could not simply be replaced, and had to be redeemed. Hashem told Moshe that each bechor should give five shekalim to Moshe, who, in turn, should give them to Aharon and his sons. With that, they would be redeemed.

Judaism → Halacha & Hashkafa

Question: Is there anything special that one should do on Yom Yerushalayim?

Judaism → Ask the Rabbi

Question: As the shamash in a small community shul with an aging population, I am faced with numerous challenges. The following is only one of them. During sefirah, different people daven for the amud for Ma’ariv. Once, a bar mitzvah was one of them. On another occasion, a very recent ger lead the service. Were these individuals allowed to lead the congregation in counting sefirah? I also wonder, in general, if everyone should be trusted to lead the counting. What if someone forgot to count on one of the previous nights but does not inform anyone of this?

No Name
(Via E-Mail)

More Articles from Rabbi Raphael Fuchs
Taste-of-Lomdus-logo
Judaism → Parsha

In this week’s parshah the Torah discusses the halachos of when one steals from another and when confronted in beis din, the thief swears falsely with his denial that he stole. This parshah was already taught in parshas Vayikra; however, there are two halachos that the Torah adds in this parshah to this topic.

Judaism → Parsha

In this week’s parshah the Torah tells us that the bechorim were replaced by the levi’im to serve in the Mikdash. The Torah says that there were 273 more bechorim than levi’im. Those bechorim could not simply be replaced, and had to be redeemed. Hashem told Moshe that each bechor should give five shekalim to Moshe, who, in turn, should give them to Aharon and his sons. With that, they would be redeemed.

Judaism → Parsha

In parshas Behar the Torah reiterates some of the halachos of ribbis, and teaches several new halachos as well. The pasuk says that one should not take ribbis from his fellow, he should fear God, “v’chei achicha imach – and your brother shall live with you.” The Gemara derives from the end of this pasuk that if one does charge ribbis and collects it, it must be returned.

Judaism → Parsha

This week I will be addressing a question from a previous column – with a new answer.

The pasuk in this week’s parshah (Vayikra 23:14) says, “V’lechem v’kali v’karmel lo sochlu ad etzem hayom hazeh ad haviachem es korban elokeichem – And you shall not eat bread [etc.] on this very day until you bring the offering of your God.” This pasuk teaches us that all of the five grains (wheat, spelt, rye, oats, and barley) are forbidden from the time they are harvested until after the korban omer is brought.

Judaism → Parsha

Both of this week’s parshiyos discuss the various arayos – forbidden relationships. The Gemara in Kiddushin 67b states that if one attempts to perform kiddushin on one of the arayos, the kiddushin is invalid.

Judaism → Parsha

The Rambam writes the halachos of Sefiras Ha’Omer in Hilchos Temidim U’musafin (7:22-25). He says that there is a mitzvas assei to count seven complete weeks from the day that the korban omer was brought. The mitzvah is to count the days and the weeks. We count at night because the mitzvah requires that we count at the beginning of the day, which is at night. If one forgot to count at night he may count by day.

    Latest Poll

    If the Revelation at Mount Sinai were to be announced today...








    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/parsha/yehareg-val-yaavor/2012/05/02/

Scan this QR code to visit this page online:

Related posts:

  1. How Many Must Hear The Torah Reading?
Close