26. Government Oppression

Yesodei HaTorah 5:3

Everything we’ve said so far about giving up one’s life vs. violating a commandment applies only when there is no government decree against the Jews. When there is such a decree, like when Nebuchadnezzar or a similar dictator tries to get the Jews to abandon their faith or one of the mitzvos – then one should give up his life rather than transgress any of the commandments, whether the compulsion is happening in front of ten Jews or just among the non-Jews.

Yesodei HaTorah 5:4

If the law says a person in a certain situation should violate a commandment rather than give up his life, but he sacrifices his life unnecessarily, he is held responsible for the loss of his life. If the law says a person in a certain situation should give up his life rather than transgress and he gives up his life, he sanctifies God's Name. If he does so in the presence of ten Jews, he sanctifies God's Name publicly. This is what Daniel, Chananiah, Mishael, Azariah, and Rabbi Akiva and his colleagues were all prepared to do; there is no higher spiritual level than those who are executed by an oppressive regime. Regarding such people, Psalms 44:23 says, “For Your sake, we have been slain all day. We are considered sheep for the slaughter.” Similarly, Psalms 50:5 says, “Gather My pious ones unto Me, those who have made a covenant with Me by sacrifice.”

If the law says a person in a certain situation should give up his life rather than transgress a commandment and he transgresses, then he desecrates God's Name. If he does so in the presence of ten Jews, he desecrates God's Name publicly. This both fails to fulfill the obligation to sanctify God's Name and violates the prohibition against desecrating of God's Name. However, since he was compelled to violate the commandment, he is not punished with lashes or execution, even if he killed someone under duress. These forms of punishment are only administered when a person willingly violates a mitzvah, in the presence of witnesses, with due warning. Regarding the service of the idol Molech, Leviticus 20:5, “I will turn My face against that person.” The Sages teach us that “that person” excludes one who is compelled, one who transgressed accidentally, and one who transgressed because he made a mistake. If this is the case with idolatry, which is the most serious sin a person can violate, it is surely the case with other mitzvos. In fact, we see this explicitly in the case of forbidden sexual relations; Deuteronomy 22:26 tells us, “do not do anything to the maiden” who was coerced.

If a person can escape such a wicked regime and avoid the compulsion but he fails to do so, he is considered like a dog that returns to lick its vomit, and like one who willfully worships idols. Such a person will be barred from the Next World and will descend to the lowest depths of Gehinnom.