Q&A: Between Murder and Sexual Prohibitions
Between Murder and Sexual Prohibitions
Question
Why is it forbidden to violate the prohibition of murder in order to save the public (the prohibition against handing over a Jew to gentiles), yet permitted to violate sexual prohibitions for that purpose (the transgression for the sake of Heaven committed by Jael, Esther, and Lot’s daughters)? After all, both prohibitions fall under the category of “be killed rather than transgress.” Perhaps they are not equal in severity?
And does the permission to kill someone pursuing a forbidden sexual act not teach us about an equality and parallel between the two prohibitions?
Answer
First, who told you that murder is forbidden? If you mean the Jerusalem Talmud in Terumot (as ruled by Maimonides, Laws of the Foundations of the Torah 5:5), nothing of the sort is written there. See my article here:
Discussion on Answer
Self-sacrifice to save the public is also forbidden according to most views. The Tzitz Eliezer did distinguish in this matter (and his proof is from the martyrs of Lod). In war, however, it is certainly permitted, and so I have always wondered how some prohibit it.
In the view that once prevailed, the woman in such a sexual case is also considered endangered, and there is a reason to save her. We are not talking about the rape itself, which in the ancient view was not considered so terrible, but about the harm done to her as a betrothed woman. In my opinion, today it is permitted and even a commandment to kill someone pursuing an unmarried woman.
And a basis for this is the permission, according to the law of the Talmud and all the halakhic decisors, to kill an informer who hands over property, under the law of a pursuer. Some tied this to danger to life, but that explanation does not hold water. It is clear that the permission is to prevent the danger to property. See also my article in Tehumin on killing a thief.
Thanks again.
And regarding spiritual solipsism, I found that you already wrote about it in the past. Column 236.
Indeed, I am already preparing a follow-up column בעקבות your question.
Thank you for the detailed answer.
Perhaps the parallel to a sexual transgression for the sake of Heaven is self-sacrifice in order to save the public, something which in my humble opinion is permitted.
With regard to a pursuer: if it is about saving the pursued victim from danger, then this is just the ordinary law of a pursuer. It seems that the law of one pursuing a forbidden sexual act introduces a license to kill because of the transgression itself, and since the pursued victim is under duress, it is the pursuer’s transgression. Otherwise, why does this permission not exist for one pursuing an unmarried woman?