More Discussions for this daf
1. Mishnah 2. Kenas for Achoso 3. Rodef on Shabbos
4. Martrydom 5. Chayavei Misos Shogegin Peturin 6. Matzilin Osan b'Nafshan
7. Na'arah Me'orasah 8. Saving others 9. Na'arah ha'Meorasah
10. Killing a Rodef on Shabbos
DAF DISCUSSIONS - SANHEDRIN 73

Rael Levinsohn asked:

Dear Rabbi

I was wondering if you could help me with some questions. I recently read through a book called "the handbook of Jewish thought - by Rabbi Aryeh Kaplan. The second volume of the book (the pink one) had a whole section devoted to the topic of martydom, something on everyones mind at the moment

My questions are as follows

1. A jew should rather give his life than murder, commit forbidden sexual relations, engage in adultery, have relations with a woman who is niddah

Is a non jew considered under the category of murder, ie would it obligatory to kill a non jew in such a life or death situation?

2. With regard to sexual crimes such as rape, would a non jew also be included?

3. I also recall reading that with regards to the above categories one need not be martyred for any rabbinical laws associated with them (sifethy cohen 157:10) . Based on this logic I would presume the following would be deemed permissible, ie would not have to give up ones life than transgress the following...

Relations with a boy under the age of 9 years old

Permissible for a man to "waste seed"

Permissible for family members to marry once they have been converted, as they are no longer related

Relations with any of the following: The sages extended these prohibitions to include a man's 6) grandmother, great-grandmother or step-grandmother; 7) father's or mother's half-brother's wife; 8) great-granddaughter, and son's, daughter's or grandson's daughter-in-law; 9) wife's great-grandmother or great-granddaughter; and the relatives (mother, grandmother, daughter, granddaughter, sister) of a woman with whom the man has had sexual relations. Some of these apply also to further generations.c

I feel I might be mistaken with my assumptions, correct me if I am wrong

Regards,

Rael Levinsohn, Sydney

The Kollel replies:

1. Killing a non-Jew is Ya'avor v'Al Yehareg, a Jew is not obligated to give up his life in such a situation.

2. As far as rape, the transgression must be one defined as an "Ervah" in order to obligate a Jew to be killed and not transgress. If the woman is married, then she may be considered an "Ervah" even if she is not a Jewess (this is a topic of discussion among the authorities).

3. Some authorities maintain that Rabbinical prohibitions are including in the category of "Yehareg v'Al Ya'avor." See RAMBAN to Sanhedrin 73a and NIMUKEI YOSEF to Sanhedrin 75a. This does not seem to be unanimously accepted, though.

D. Zupnik