Q&A: Several Questions
Several Questions
Question
Hello Rabbi,
I wanted to ask a few questions, please.
1. Does a positive commandment override a prohibition even when the prohibition carries karet?
2. Does a non-Jew also have the rule of “be killed rather than transgress”? For example, if there is a non-Jew who believes in God, and another non-Jew who is an idol worshiper captures him and forces him to bow to an idol,
is he also obligated by this rule, or is this said only about Jews?
3. Do you have an explanation for the behavior of the ma'apilim in the portion of Shelach Lecha? That is, those people who just a moment before cried about entering the Land of Israel, rejected it, and did not believe
in God's promise that the land would be given to them—then suddenly did a complete about-face, repented, and wanted to enter the land? It's hard for me to understand their behavior, and I thought maybe
you might have an interesting explanation analyzing the phenomenon.
Thank you.
Answer
Hello Y.,
1. No. A prohibition that carries karet is not overridden. See Yevamot 3b and 5b.
2. A non-Jew is not obligated in "with all your might," and therefore is not required to give up his life. The commandment of sanctifying God's name is not one of the Noahide commandments. My assumption here is that the obligation of self-sacrifice was not stated regarding idolatry as such, but regarding sanctification/desecration of God's name (which one who worships idolatry violates). This can be further debated, but that is the straightforward plain meaning. In Sanhedrin 74b, Abaye and Rava disagree about this, and Maimonides rules like Abaye (that a non-Jew is not obligated to give up his life for sanctifying God's name). Tosafot there wrote that even Rava only rejected Abaye's proof, but did not state an opposing rationale; see there.
If you want, see a short discussion here:
http://etzion.org.il/he/%D7%A7%D7%99%D7%93%D7%95%D7%A9-%D7%94%D7%A9%D7%9D
3. People who repent are usually enthusiastic and go to extremes. It is not that from the outset they did not believe God's promise, because if they truly did not believe, then they would have been acting under compulsion. Their evil inclination overcame them. And once they repented, they mobilized with unrestrained enthusiasm to conquer the land. This teaches you that enthusiasm is usually not a good thing. One should act properly and with restraint.
Discussion on Answer
1. These ideas are taken from the book Pachad Yitzchak. See a detailed explanation about emotions in Jewish law, and about this in particular, here:
Hello Rabbi,
I have a request—two questions.
1. Once you explained to me that there is such an idea (I don't remember from whom) that loving converts means loving the conversion within him. I tried thinking about the meaning of that, and I would be happy
if you could expand a bit on the meaning of loving the conversion within the convert.
2. Whether in Jewish law or in criminal law, if a rabbinical pleader or a criminal defense lawyer represents someone accused of something, and he tells them that he is guilty but wants them
to save him—are they obligated to defend him, or can they refuse? And likewise, if someone is suing, for example, for money that does not legally belong to him, are they obligated to represent him, or is it forbidden for them to do so?