Daily Rambam (1) Hilchos Yesodei Hatorah – Chapter 5: Laws of Kiddush Hashem versus Chilul Hashem (Thursday, 2nd Adar)

Chapter 5: Laws of Kiddush Hashem versus Chilul Hashem

Halacha 1: The mitzvah to sanctify G-d’s name and to which commands it does not apply

• Kiddush Hashem: All the Jewish people are commanded to sanctify G-d’s great name.
• Chillul Hashem: Likewise, they are commanded against desecrating his name.
• Transgressing a command to save one’s life: The Torah and Mitzvos were given for a Jew to live by them. Accordingly, if a Gentile threatens to kill a Jew if he does not transgress a command of the Torah, then he is rather to transgress the command, then to die.
• Giving up one’s life rather than transgressing: If he chose to die rather than transgress the Torah command, then he is liable for his own death.

Halacha 2: Giving up one’s life to not transgress the three cardinal sins or in public

• Idolatry, adultery, murder: The above rule that one is to transgress rather than die is with exception to the three cardinal sins of idolatry, adultery or incest, and murder. By these three sins, one is obligated to give up his life rather than transgress them.
• Transgressing the other commands in public: Even by the other commands aside for the above three, one is only instructed to transgress the command rather than die if it is taking place in private or is being done for the sake of the physical benefit of the person who is threatening him to transgress. If, however, the person who is threatening the Jew is not doing so for any personal benefit but rather simply so he transgress G-d’s command, then if it is taking place in public, then he must die rather than transgress the command. This applies for all the commands of the Torah.
• Definition of public: The definition of a public area in the above regard, is in front of 10 Jews. If the transgression will take place in front of 10 Jews for no personal gain on behalf of the person making the threat, then one must die rather than transgress.
• Example: If a Gentile threatens a Jew to cook for him on Shabbos or build a home for him on Shabbos or else he will die, then he is to transgress, even if this takes place in front of 10 Jews. The same applies if he threatens a Jewish woman that he will kill her if she does not allow him to have relations with her, that she is to transgress and not die. If, however, he wants the Jew to cook on Shabbos not for his benefit but simply for the sake of transgression, then if this is taking place in front of 10 Jews, he must die rather than transgress. If it is taking place in private, then he is to transgress rather than die.

Halacha 3: Giving up one’s life on behalf of all commands at a time of religious persecution

• In a time of religious persecution, as existed in the times of Nevuchadetzar, one is obligated to give up his life rather than transgress any of the Torah commands, and not just the three cardinal sins.
• This applies whether this transgression will take place in private or public

Halacha 4: The status of one who fulfills, or disobeys, the above laws

• Died instead of transgressing, when instructed to transgress: Anyone who is instructed to transgress and not be killed and rather chooses to die, is liable for his own life.
• Died instead of transgressing, when instructed to die: However, if he is instructed to die rather than transgress and chose to die, then he is considered to have sanctified G-d’s name, and if this took place in public in front of 10 Jews, then he is considered to have sanctified G-d’s name in public. In such a case is considered similar to Daniel, Chanania, Mishael, Azaryah, Rebbe Akiva, and the 10 martyrs
• Transgressed rather than died, when instructed to die: One who is instructed to die rather than transgress and chose rather to transgress is considered to have desecrated G-d’s name, and if the transgression took place in front of 10 Jews than he is considered to have desecrated G-d’s name in public. Such a person also is considered to have nullified the positive command of sanctifying G-d’s name and transgressing the negative command against causing a desecration of G-d’s name.
• Nonetheless, the transgressor does not receive lashes and is not liable for capital punishment in a court of law, even if he was forced to commit murder, as such punishments are only given for one who transgresses willingly with prior warning.

Halacha 5: Transgressing as an individual to prevent public transgression

1. When the group is told, “Give us one of you or we will violate/kill all of you”

• They must allow all of themselves to be violated or killed.
• They may not hand over a single Jewish person.

1. When attackers single out a specific person

“Give us a specific person or we will kill all of you”:

• If that specific person is already liable for death (e.g., like Sheva ben Bichri), the group may hand him over — but this rule is not announced to them initially.
• If he is not liable for death, the group must allow themselves to be killed rather than hand him over.

Halacha 6: Curing illness with a Torah prohibition

General rule:

If a person is dangerously ill and doctors require violating a prohibition for treatment:
→ All prohibitions are overridden to save a life, except:

1. Idolatry
2. Forbidden sexual relations
3. Murder

These may not be used as remedies even to save a life.

If someone transgresses these for healing, the court punishes him like any other violator.

Halacha 7: The source for the obligation to give up one’s life by the three cardinal sins

• The verse “With all your soul” teaches: Even if your life is taken, you must not transgress.
• Logic teaches that one life is not given to save another — therefore murder is never permitted.
• The Torah equates forbidden sexual relations with murder, making them equally forbidden even to save a life.
• Idolatry is explicitly included in the verse commanding love of God “with all your soul.”

Halacha 8: Curing illness with a Torah prohibition in an irregular method

Permitted when there is no pleasure involved:

If a forbidden item is used without pleasure, such as:

• A compress of chametz on Pesach
• A bandage made of orlah produce
• A bitter mixture containing forbidden foods

→ It is permitted even without danger to life.

Exceptions:

Even without pleasure, these are forbidden unless life is at risk:

1. Mixtures of meat and milk
2. produce of kilai hakerem

Because deriving any benefit from them is prohibited.

Halacha 9: Healing a person with promiscuity

If a man becomes lovesick to the point of danger and physicians say he can only be healed by intimacy with a woman:

• He must not be allowed intimacy with her — even if she is unmarried.
• He must not even be allowed to speak with her privately behind a fence.
• If necessary, he should be allowed to die rather than violate these boundaries.

These restrictions prevent disrespect and promiscuity toward Jewish women.

Halacha 10: Desecrating G-d’s name when transgressing in public or out of rebelliousness

Desecration of God’s Name

• One who deliberately violates a commandment defiantly desecrates God’s Name.
• If done before ten Jews, it becomes a public desecration.

Sanctification of God’s Name

• One who refrains from sin or performs a mitzvah:
  • purely for God’s sake
  • without fear, reward‑seeking, or ulterior motives
    → Sanctifies God’s Name, like Joseph resisting Potiphar’s wife.

Halacha 11: Other actions defined as a desecration of G-d’s name

Not only sins cause desecration — improper behavior by a widely respected Torah scholar does as well.

Examples of desecration (for a scholar):

• Not paying for purchases immediately, though able
• Excessive joking
• Eating and drinking casually among unrefined people
• Harsh interpersonal behavior, anger, rudeness
• Any conduct that lowers respect for Torah

The higher the scholar’s stature, the greater his obligation to exceed the basic law.

Examples of sanctification (for a scholar):

• Speaking gently
• Behaving pleasantly with others
• Showing humility even when disrespected
• Conducting business honestly
• Avoiding excessive mingling with coarse crowds
• Constantly demonstrating mitzvah observance and Torah focus
• Being balanced and relatable, not ascetic or strange

Such a person causes others to praise Torah and glorify God.
This fulfills the verse: “Israel, you are My servant in whom I will be glorified.”