The commandment of sanctification of the Name: That we were commanded to sanctify the Name, as it is stated (Leviticus 22:32), “and I will be sanctified in the midst of the Children of Israel” — meaning to say that we surrender our souls for the observance of the commandments of the religion. And they, may their memory be blessed, have already elucidated from the tradition and from the verses in which manner and for which commandment, we are commanded about this. And even though it is written in the Torah, “and live by them” (Leviticus 18:5), which implies, and not that you should die by them — they already received that this verse is not stated in every matter and for every sin. And [it is] through the tradition that we live in all [the] words of the Torah. And in explanation, they, may their memory be blessed, said (Sanhedrin 74a) that there are three commandments which one is always obligated to be killed and not transgress them. And these are: idolatry and any of its trappings — meaning, all of its matters that are prohibited on the strength of its specific negative commandments, as we will explain below with God’s help; and also, sexual immorality and all of its trappings; and murder. Such that if they say to a person, “Worship idolatry or we will kill you,” he should be killed and not worship. Even though his heart is pure in his faith with the fear of God, nonetheless he is commanded that he be killed and not commit this evil act, and not give room to the assailant to think that he has denied God. And the language of Sifra, Emor, Chapter 9:6, “For this reason I took you out of the land of Egypt, so that you will publicly sanctify My name.” And likewise for the other two that we mentioned — he must be killed and not transgress, as we said.
The root of this commandment is well known. As Man was only created to serve his Creator. And one who does not sacrifice his body in the service of his master is not a good servant. And behold [since] people do give their souls for their masters, all the more so [should we] for the commandment of the King of kings, the Holy One, blessed be He.
From the laws of the commandment is that which they, may their memory be blessed, said (Sanhedrin 74a) that for these three sins that we mentioned, a person is obligated to give his life under any circumstance — whether at a time of persecution or not at a time of persecution, whether in public or even in private, whether the gentile intends to have him transgress or even for his own benefit. For other sins, however, they said if it is not at a time of persecution and it is in private he should transgress and not be killed — and even if the gentile intends to have him transgress. But if it is in public — meaning, in the presence of ten Jews — if the coercer intends [it] for his [own] benefit, he should transgress and not be killed. However, if it is to have him transgress, he should be killed and not transgress. At a time of persecution, even in private and even for his benefit and even for a trivial commandment, he should be killed and not transgress. And a light commandment is similar to what they, may their memory be blessed, said (Sanhedrin 74b), “Even a shoe strap,” such that an Israelite should not make the shape of his shoe like the gentiles that worship idolatry, that he should not appear to be an idolater like them.
That which we said, the trappings of idolatry, the matter is to say, anything that is prohibited for us from any prohibition specific to idolatry. And [it is] similar to that which they, may their memory be blessed, said in [Pesachim 25a], “One who is in peril may be healed by anything except for asheirah (a tree-god) wood.” And they said about this in Yerushalmi Shabbat 14:4 [that] it is not only if the physician said, “Bring me leaves of asheirah x,” that he would [then] seem like he concedes to it. Rather even if he just said to him, “Bring me leaves of tree x,” and he went and he only found [them] on the asheirah, he should be killed and not transgress. And even though when he is healed with the wood of the asheirah, it is not truly idolatry — for he did not worship it — nonetheless he benefited from it, and there is in it the matter of the negative commandment of “Nothing is to cling to your hand from the anathema” (Deuteronomy 13:18), which is a negative commandment specific to idolatry. But the many prohibitions of idolatry that exist, which we learn from the negative commandment of “in front of the blind you shall not place a stumbling block” (Leviticus 19:14), are not included in trappings of idolatry to be killed for them — since the negative commandment of “in front of the blind,” is not specific to idolatry itself, as it is also with all of the [other] commandments.
After I wrote this I found in some of the novellae of my master — may God protect him — that he wrote that it is implied in the Yerushalmi Avodah Zarah 2:2 [about] anything that the physician says generally (without mentioning the idol), [that] he should transgress and not be killed.
The matter of murder, they, may their memory be blessed, learned by way of reasoning (Sanhedrin 74a); and they said by way of a metaphor, “What do you see that your blood is redder? Perhaps the blood of that man is redder.” [That is] meaning, the murdered might be fitting to perform more commandments than the one that killed him. And therefore it is not right that anyone kill his fellow, even if he will be killed for [not doing so]. And they may their memory be blessed, said further (Yerushalmi Terumot 8:4) that even if there were several thousand Israelites and the coercers said to them, “Give us one of you; and if not, we will kill all of you” — they should all be killed and not give over one soul of Israel. And [that is] only when they say “one,” unspecifically. But if they specified him explicitly, such that they said, “Give us x; and if not, we will kill all of you,” they are permitted to give him over — like the well-known matter of Sheva ben Bichri. This is also the law with women — if the gentiles say to them, “Give us one of you [to rape], etc.,” as it is [found] in Tractate Terumot, the eighth chapter (Mishnah Terumot 8:12).
And the Sages, may their memory be blessed, learned the matter that we are killed [rather than transgress] sexual immorality (Sanhedrin 74a), because the betrothed maiden is compared [by the Torah] to [one who is coerced to act as] a murderer: Just as a murderer should be killed and not transgress, as we said; so too must a man be killed and not have intercourse with her. As the Torah does not tell metaphors for nothing, but only to teach a matter. They also had support from the tradition, which is an iron wall for all of their words. And the early authorities (rishonim) wrote that we only say a person must be killed and not transgress [about] transgressing a sin. But to not perform a commandment, he should transgress and not be killed, and not perform the commandment. And [it is] similar to what they, may their memory be blessed, said about Esther (Sanhedrin 74b), “She was ground of the earth” — meaning, it was similar to [a situation of] “sit and do not act,” as behold a woman has intercourse against her will. And even if the woman assisted in the intercourse after her impulse covered her, she is not liable with this — as there is no greater coercion than this. And that which we find stories about the early pious ones that were killed even [so that they not participate in] the negation of a [positive] commandment — and similar to what they, may their memory be blessed, said (Mekhilta DeRabbi Yishmael 20:6), “Why are you going out to stoning? Because I circumcised my son. Why are you going out to hanging? Because I took the lulav” — that was an [extra] measure of piety that they did and they saw that [their] generation needed this. And they were great sages fitting for this, to decide about this. As otherwise they would not have been permitted to give over their souls to die — as not everyone has permission to be killed for [other matters] than those that they, may their memory be blessed, obligated us about. Moreover, [such a person] would be liable for his life (Mishneh Torah, Foundations of the Torah 5:4).
I have also seen about the matter of this commandment in the books of my teacher, may God protect him, that any woman for which betrothal (kiddushin) is effective — such as a widow to a high priest, a divorcee or released woman to a common priest, a mamzeret or a netinah to an Israelite and an Israelitess to a mamzer — are not included in the sexual prohibitions for which one must die. Still, we nonetheless do not instruct any man to have intercourse with any woman — even if she is single, we do not instruct [it]. He should instead die from the illness that has come from his lust and not have her have intercourse with him or [even] speak with her, etc. — [as we see] in Sanhedrin 75a and the Book of Knowledge (Mishneh Torah, Foundations of the Torah 5:9). And the rest of its details are elucidated in Chapter 8 of Sanhedrin and in Pesachim and Yoma and in other places. (See Tur, Yoreh Deah 157.)
This commandment is practiced in every place and at all times by males and females. And one who transgresses it and did not sanctify the Name in a circumstance where he was obligated to do so, has violated this positive commandment; besides that he has also violated the negative commandment of “And you shall not profane My holy Name,” and as we wrote above adjacently (Sefer HaChinukh 295). The iniquity of profaning the Name is great and very severe to the point that they, may their memory be blessed, said that repentance, Yom Kippur, and afflicitons do not have the power to atone for it, but only death — as it is [found] in the last chapter of Yoma 86a.
מִצְוַת קִדּוּשׁ הַשֵּׁם – שֶׁנִּצְטַוִּינוּ לְקַדֵּשׁ אֶת הַשֵּׁם. שֶׁנֶּאֱמַר (ויקרא כב לב) וְנִקְדַּשְׁתִּי בְּתוֹךְ בְּנֵי יִשְׂרָאֵל. כְּלוֹמַר שֶׁנִּמְסֹר נַפְשֵׁנוּ לָמוּת עַל קִיּוּם מִצְוֹת הַדָּת. וּכְבָר בֵּאֲרוּ זִכְרוֹנָם לִבְרָכָה מִפִּי הַקַּבָּלָה וּמִן הַכְּתוּבִים בְּאֵי זֶה עִנְיָן וּבְאֵיזוֹ מִצְוָה נִצְטַוִּינוּ בָּזֶה, וְאַף עַל פִּי שֶׁכָּתוּב בַּתּוֹרָה וָחַי בָּהֶם, דְּמַשְׁמַע וְלֹא שֶׁיָּמוּת בָּהֶם כְּבָר קִבְּלוּ הֵם, שֶׁלֹּא נֶאֱמַר מִקְרָא זֶה בְּכָל עִנְיָן וּבְכָל עֲבֵרָה. וּמִפִּי הַקַּבָּלָה אָנוּ חַיִּין בְּכָל דִּבְרֵי הַתּוֹרָה. וּבְפֵרוּשׁ אָמְרוּ זִכְרוֹנָם לִבְרָכָה (סנהדרין עד, א), כִּי שָׁלֹשׁ מִצְוֹת הֵם שֶׁחַיָּב הָאָדָם שֶׁיֵּהָרֵג וְאַל יַעֲבֹר בָּהֶם לְעוֹלָם, וְהֵם עֲבוֹדָה זָרָה וְכָל אַבִּזְרַהָא. כְּלוֹמַר, כָּל עִנְיָן שֶׁלָּהּ, הָאָסוּר לָנוּ מִכֹּחַ הַלָּאוִין הַמְּיֻחָדִין בָּהּ, וּכְמוֹ שֶׁנְּפָרֵשׁ לְמַטָּה בְּעֶזְרַת הַשֵּׁם. וְכֵן גִּלּוּי עֲרָיוֹת וְכָל אַבִּזְרַהָא, וּשְׁפִיכוּת דָּמִים: שֶׁאִם יֹאמְרוּ לוֹ לָאָדָם עֲבֹד עֲבוֹדָה זָרָה אוֹ נַהֲרָגְךָ יֵהָרֵג וְאַל יַעַבְדָהּ, וְאַף עַל פִּי שֶׁלִּבּוֹ תָּמִים בֶּאֱמוּנָתוֹ בְּיִרְאַת הַשֵּׁם, אַף עַל פִּי כֵן נִצְטַוָּה שֶׁיֵּהָרֵג וְאַל יַעֲשֶׂה הַמַּעֲשֶׂה הָרַע הַהוּא וְלֹא יִתֵּן מָקוֹם אֶל הַמַּעֲבִיר לַחְשֹׁב שֶׁהוּא כָּפַר בַּשֵּׁם, וּלְשׁוֹן סִפְרָא (אמור ח ו) עַל מְנָת כֵּן הוֹצֵאתִי אֶתְכֶם מֵאֶרֶץ מִצְרַיִם, שֶׁתַּקְדִּישׁוּ אֶת שְׁמִי בְּרַבִּים. וּכְמוֹ כֵן בַּשְּׁתַּיִם שֶׁזָּכַרְנוּ, יֵהָרֵג וְאַל יַעֲבֹר, כְּמוֹ שֶׁאָמַרְנוּ.
The commandment of sanctification of the Name: That we were commanded to sanctify the Name, as it is stated (Leviticus 22:32), “and I will be sanctified in the midst of the Children of Israel” — meaning to say that we surrender our souls for the observance of the commandments of the religion. And they, may their memory be blessed, have already elucidated from the tradition and from the verses in which manner and for which commandment, we are commanded about this. And even though it is written in the Torah, “and live by them” (Leviticus 18:5), which implies, and not that you should die by them — they already received that this verse is not stated in every matter and for every sin. And [it is] through the tradition that we live in all [the] words of the Torah. And in explanation, they, may their memory be blessed, said (Sanhedrin 74a) that there are three commandments which one is always obligated to be killed and not transgress them. And these are: idolatry and any of its trappings — meaning, all of its matters that are prohibited on the strength of its specific negative commandments, as we will explain below with God’s help; and also, sexual immorality and all of its trappings; and murder. Such that if they say to a person, “Worship idolatry or we will kill you,” he should be killed and not worship. Even though his heart is pure in his faith with the fear of God, nonetheless he is commanded that he be killed and not commit this evil act, and not give room to the assailant to think that he has denied God. And the language of Sifra, Emor, Chapter 9:6, “For this reason I took you out of the land of Egypt, so that you will publicly sanctify My name.” And likewise for the other two that we mentioned — he must be killed and not transgress, as we said.
שֹׁרֶשׁ מִצְוָה זוֹ, יָדוּעַ כִּי הָאָדָם לֹא נִבְרָא רַק לַעֲבֹד בּוֹרְאוֹ וּמִי שֶׁאֵינוֹ מוֹסֵר גּוּפוֹ עַל עֲבֹדַת אֲדוֹנָיו אֵינֶנּוּ עֶבֶד טוֹב, וַהֲרֵי בְּנֵי אָדָם יִמְסְרוּ נַפְשׁוֹתָם עַל אֲדוֹנֵיהֶם, קַל וָחֹמֶר עַל מִצְוַת מֶלֶךְ מַלְכֵי הַמְּלָכִים הַקָּדוֹשׁ בָּרוּךְ הוּא.
The root of this commandment is well known. As Man was only created to serve his Creator. And one who does not sacrifice his body in the service of his master is not a good servant. And behold [since] people do give their souls for their masters, all the more so [should we] for the commandment of the King of kings, the Holy One, blessed be He.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם), שֶׁבְּאֵלּוּ הַשָּׁלֹשׁ עֲבֵרוֹת שֶׁזָּכַרְנוּ, חַיָּב הָאָדָם לִמְסֹר נַפְשׁוֹ בְּכָל עִנְיָן בֵּין בִּשְׁעַת שְׁמָד אוֹ שֶׁלֹּא בִּשְׁעַת שְׁמָד, וּבֵין בְּפַרְהֶסְיָא אוֹ אֲפִלּוּ בְּצִנְעָא, וּבֵין שֶׁיִּתְכַּוֵּן הַגּוֹי לְהַעֲבִירוֹ אוֹ אֲפִלּוּ לַהֲנָאַת עַצְמוֹ, אֲבָל בִּשְׁאָר עֲבֵרוֹת אָמְרוּ, דְּשֶׁלֹּא בִּשְׁעַת שְׁמָד וּבְצִנְעָא יַעֲבֹר וְאַל יַהֲרֹג, וַאֲפִלּוּ יִתְכַּוֵּן הַגּוֹי לְהַעֲבִירוֹ, אֲבָל בְּפַרְהֶסְיָא, כְּלוֹמַר, בִּפְנֵי עֲשָׂרָה מִיִּשְׂרָאֵל אִם לַהֲנָאָתוֹ מִתְכַּוֵּן הַמַּעֲבִיר יַעֲבֹר וְאַל יֵהָרֵג וְאִם לְהַעֲבִירוֹ יֵהָרֵג וְאַל יַעֲבֹר, בִּשְׁעַת שְׁמָד, אֲפִילּוּ בְּצִנְעָה וַאֲפִלּוּ לַהֲנָאָתוֹ וַאֲפִלּוּ עַל מִצְוָה קַלָּה יֵהָרֵג וְאַל יַעֲבֹר, וּמִצְוָה קַלָּה הִיא כְּעֵין מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם) אֲפִילּוּ אַעַרְקְתָא דִמְסָאנָא כְּלוֹמַר, שֶׁלֹּא יַעֲשֶׂה הַיִּשְׂרָאֵל צוּרַת מִנְעָלוֹ כְּמוֹ הַגּוֹיִם הָעוֹבְדִים עֲבוֹדָה זָרָה, שֶׁלֹּא יִדְמֶה לִהְיוֹת עוֹבֵד עֲבוֹדָה זָרָה כָּהֶם.
From the laws of the commandment is that which they, may their memory be blessed, said (Sanhedrin 74a) that for these three sins that we mentioned, a person is obligated to give his life under any circumstance — whether at a time of persecution or not at a time of persecution, whether in public or even in private, whether the gentile intends to have him transgress or even for his own benefit. For other sins, however, they said if it is not at a time of persecution and it is in private he should transgress and not be killed — and even if the gentile intends to have him transgress. But if it is in public — meaning, in the presence of ten Jews — if the coercer intends [it] for his [own] benefit, he should transgress and not be killed. However, if it is to have him transgress, he should be killed and not transgress. At a time of persecution, even in private and even for his benefit and even for a trivial commandment, he should be killed and not transgress. And a light commandment is similar to what they, may their memory be blessed, said (Sanhedrin 74b), “Even a shoe strap,” such that an Israelite should not make the shape of his shoe like the gentiles that worship idolatry, that he should not appear to be an idolater like them.
וְזֶה שֶׁאָמַרְנוּ אַבִּזְרַהָא דַּעֲבוֹדָה זָרָה, הָעִנְיָן הוּא לוֹמַר, כָּל מָה שֶׁנֶּאֱסַר לָנוּ מִכָּל לָאו הַמְיֻחָד בַּעֲבוֹדָה זָרָה, וּכְעֵין מָה שֶׁאָמְרוּ בְּפֶסַח רִאשׁוֹן זִכְרוֹנָם לִבְרָכָה (פסחים כה, א) בַּכֹּל מִתְרַפְּאִין בִּמְקוֹם סַכָּנָה, חוּץ מֵעֲצֵי אֲשֵׁרָה, וְאָמְרוּ עֲלָהּ בַּיְּרוּשַׁלְמִי (שבת פי"ד ה"ד) לֹא סוֹף דָּבָר בְּשֶׁאָמַר לוֹ רוֹפֵא הָבֵא לִי עָלִין שֶׁל אֲשֵׁרָה פְּלוֹנִית, דְּמֶחֱזֵי כְּמַאן דְּמוֹדֶה בָּהּ, אֶלָּא אֲפִילּוּ אָמַר לוֹ, הָבֵא לִי עָלִין שֶׁל אִילָן פְּלוֹנִי סְתָם, וְהָלַךְ וְלֹא מָצָא אֶלָּא שֶׁל אֲשֵׁרָה יֵהָרֵג וְאַל יַעֲבֹר. וְאַף עַל גַּב דְּהַשְׁתָּא כִּי מִתַּסֵּי בַּעֲצֵי אֲשֵׁרָה לָאו עֲבוֹדָה זָרָה מַמָּשׁ הִיא, דְּהָא לָא פָּלַח לַהּ, אֶלָּא מִכָּל מָקוֹם דְּמִתְהֲנֵי מִנָּהּ וְאִיכָּא בְּמִלְּתָא לָאו דְּלָא יִדְבַּק בְּיָדְךָ מְאוּמָה מִן הַחֵרֶם (דברים יג יח), דְּהוּא לָאו הַמְּיֻחָד בַּעֲבוֹדָה זָרָה. אֲבָל אִסּוּרִין טוּבָא דְּאִיכָּא בַּעֲבוֹדָה זָרָה דְּיָלְפִינַן בְּהוּ מִלָּאו דְּלִפְנֵי עִוֵּר לֹא תִתֵּן מִכְשׁוֹל לֵיתַנְהוּ בִּכְלַל אַבִּזְרַהָא דַּעֲבוֹדָה זָרָה לֵהָרֵג עֲלֵיהֶם, כֵּיוָן דְּלָאו דְּלִפְנֵי עִוֵּר אֵינוֹ מְיֻחָד בַּעֲבוֹדָה זָרָה מַמָּשׁ, דִּבְכֻלְּהוּ מִצְוֹת נָמֵי אִיתֵהּ.
That which we said, the trappings of idolatry, the matter is to say, anything that is prohibited for us from any prohibition specific to idolatry. And [it is] similar to that which they, may their memory be blessed, said in [Pesachim 25a], “One who is in peril may be healed by anything except for asheirah (a tree-god) wood.” And they said about this in Yerushalmi Shabbat 14:4 [that] it is not only if the physician said, “Bring me leaves of asheirah x,” that he would [then] seem like he concedes to it. Rather even if he just said to him, “Bring me leaves of tree x,” and he went and he only found [them] on the asheirah, he should be killed and not transgress. And even though when he is healed with the wood of the asheirah, it is not truly idolatry — for he did not worship it — nonetheless he benefited from it, and there is in it the matter of the negative commandment of “Nothing is to cling to your hand from the anathema” (Deuteronomy 13:18), which is a negative commandment specific to idolatry. But the many prohibitions of idolatry that exist, which we learn from the negative commandment of “in front of the blind you shall not place a stumbling block” (Leviticus 19:14), are not included in trappings of idolatry to be killed for them — since the negative commandment of “in front of the blind,” is not specific to idolatry itself, as it is also with all of the [other] commandments.
אַחַר שֶׁכָּתַבְתִּי זֶה מָצָאתִי בְּמִקְצָת מֵחִדּוּשֵׁי מוֹרִי יִשְׁמְרוֹ אֵל שֶׁכָּתַב כִּי בַּיְּרוּשַׁלְמִי דַּעֲבוֹדָה זָרָה (פ"ב ה"ב) מַשְׁמַע, דְּכָל שֶׁאָמַר לוֹ הָרוֹפֵא עָלָיו סְתָם יַעֲבֹר וְאַל יֵהָרֵג.
After I wrote this I found in some of the novellae of my master — may God protect him — that he wrote that it is implied in the Yerushalmi Avodah Zarah 2:2 [about] anything that the physician says generally (without mentioning the idol), [that] he should transgress and not be killed.
וְעִנְיַן שְׁפִיכוּת דָּמִים, לָמְדוּ הָעִנְיָן זִכְרוֹנָם לִבְרָכָה (סנהדרין שם) מִדֶּרֶךְ הַסְּבָרָא וְאָמְרוּ עַל דֶּרֶךְ מָשָׁל מַאי חֲזֵית דִּדְמָא דִּידָךְ סֻמָּק טְפֵי, דִּלְמָא דְּמָא דְּהַהוּא גַּבְרָא סֻמָּק טְפֵי, כְּלוֹמַר, הַנִּרְצָח יִהְיֶה רָאוּי לַעֲשׂוֹת יוֹתֵר מִצְוֹת מֵאוֹתוֹ שֶׁהֲרָגוֹ, וְעַל כֵּן אֵינוֹ בַּדִּין שֶׁיַּהֲרֹג שׁוּם אָדָם לַחֲבֵרוֹ, וַאֲפִלּוּ יֵהָרֵג הוּא עַל זֶה. וְעוֹד אָמְרוּ זִכְרוֹנָם לִבְרָכָה (ירושלמי תרומות פ"ח ה"ד), שֶׁאֲפִלּוּ הָיוּ כַּמָּה אֲלָפִים יִשְׂרְאֵלִים וְאָמְרוּ לָהֶם אַנָּסִים תְּנוּ לָנוּ אֶחָד מִכֶּם, וְאִם לָאו, נַהֲרֹג כֻּלְּכֶם יֵהָרְגוּ כֻּלָּם, וְאַל יִמְסְרוּ נֶפֶשׁ אַחַת מִיִּשְׂרָאֵל. וְדַוְקָא כְּשֶׁאָמְרוּ לָהֶם אֶחָד סְתָם, אֲבָל יִחֲדוּהוּ לָהֶם בְּפֵרוּשׁ, שֶׁאָמְרוּ תְּנוּ לָנוּ פְּלוֹנִי וְאִם לָאו נַהֲרֹג כֻּלְּכֶם רַשָּׁאִין לִתְּנוֹ, כָּעִנְיָן הַיָּדוּעַ בְּשֶׁבַע בֶּן בִּכְרִי, וְכֵן הַדִּין בְּנָשִׁים שֶׁאָמְרוּ לָהֶן גּוֹיִם תְּנוּ לָנוּ אַחַת מִכֶּם וכו' כִּדְאִיתָא בְּמַסֶּכֶת תְּרוּמוֹת פֶּרֶק שְׁמִינִי (מי"ב).
The matter of murder, they, may their memory be blessed, learned by way of reasoning (Sanhedrin 74a); and they said by way of a metaphor, “What do you see that your blood is redder? Perhaps the blood of that man is redder.” [That is] meaning, the murdered might be fitting to perform more commandments than the one that killed him. And therefore it is not right that anyone kill his fellow, even if he will be killed for [not doing so]. And they may their memory be blessed, said further (Yerushalmi Terumot 8:4) that even if there were several thousand Israelites and the coercers said to them, “Give us one of you; and if not, we will kill all of you” — they should all be killed and not give over one soul of Israel. And [that is] only when they say “one,” unspecifically. But if they specified him explicitly, such that they said, “Give us x; and if not, we will kill all of you,” they are permitted to give him over — like the well-known matter of Sheva ben Bichri. This is also the law with women — if the gentiles say to them, “Give us one of you [to rape], etc.,” as it is [found] in Tractate Terumot, the eighth chapter (Mishnah Terumot 8:12).
וְעִנְיַן עֲרָיוֹת שֶׁנֶּהֱרָגִין עֲלֵיהֶם לָמְדוּ אוֹתָן חֲכָמִים זִכְרוֹנָם לִבְרָכָה (סנהדרין שם) לְפִי שֶׁהֻקְּשָׁה נַעֲרָה מְאֹרָסָה לְרוֹצֵחַ, מָה רוֹצֵחַ יֵהָרֵג וְאַל יַעֲבֹר כְּמוֹ שֶׁאָמַרְנוּ כֵּן נַעֲרָה מְאֹרָסָה, יֵהָרֵג אָדָם וְלֹא יִבְעַל אוֹתָהּ, כִּי הַתּוֹרָה לֹא תְּמַשֵּׁל מְשָׁלִים חִנָּם, רַק לְלַמֵּד עִנְיָן. וְעוֹד יֵשׁ לָהֶם בָּזֶה סֶמֶךְ מִן הַקַּבָּלָה, שֶׁהִיא חוֹמַת בַּרְזֶל לְכָל דִּבְרֵיהֶם. וְכָתְבוּ הָרִאשׁוֹנִים דְּלָא אָמְרִינַן יֵהָרֵג וְאַל יַעֲבֹר לְעוֹלָם, אֶלָּא לַעֲבֹר עֲבֵרָה, אֲבָל לְהִבָּטֵל מִמִּצְוָה יַעֲבֹר וְאַל יֵהָרֵג וְאַל יַעֲשֶׂה הַמִּצְוָה, וּכְעֵין מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (סנהדרין שם) בְּאֶסְתֵּר קַרְקַע עוֹלָם הָיְתָה, כְּלוֹמַר, וְהוּא כְּעֵין שֵׁב וְאַל תַּעֲשֶׂה, שֶׁהֲרֵי הָאִשָּׁה עַל כָּרְחָהּ נִבְעֶלֶת, וַאֲפִלּוּ סִיְּעָה הָאִשָּׁה בַּתַּשְׁמִישׁ לְאַחַר שֶׁהִלְבִּישָׁהּ הַיֵּצֶר לֹא תִּתְחַיֵּב בְּכָךְ, שֶׁאֵין אֹנֶס גָּדוֹל מִמֶּנּוּ. וּמָה שֶׁמָּצִינוּ מַעֲשִׂים לַחֲסִידִים הָרִאשׁוֹנִים שֶׁנֶּהֱרָגִין אֲפִלּוּ עַל בִּטּוּל מִצְוָה, וּכְעֵין מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (מכילתא שמות כ ו) מָה לְךָ יוֹצֵא לִסָּקֵל? עַל שֶׁמַּלְתִּי אֶת בְּנִי, מָה לְךָ יוֹצֵא לִצָּלֵב? עַל שֶׁנָּטַלְתִּי אֶת הַלּוּלָב, מִדַּת חֲסִידוּת עָשׂוּ הֵם וְרָאוּ שֶׁהַדּוֹר הָיָה צָרִיךְ לְכָךְ, וְהָיוּ חֲכָמִים גְּדוֹלִים רְאוּיִין לְכָךְ לְהוֹרוֹת עַל זֶה, שֶׁאִלְמָלֵא כֵּן שֶׁהָיוּ גְּדוֹלִים וַחֲכָמִים, לֹא הָיוּ רַשָּׁאִים לִמְסֹר נַפְשָׁם לָמוּת, שֶׁלֹּא לְכָל אָדָם יֵשׁ רְשׁוּת לֵהָרֵג בְּמָה שֶׁלֹּא חִיְּבוּנוּ זִכְרוֹנָם לִבְרָכָה לֵהָרֵג עָלָיו, וְלֹא עוֹד, אֶלָּא שֶׁמִּתְחַיֵּב בְּנַפְשׁוֹ (רמב"ם יסודי התורה ה ד).
And the Sages, may their memory be blessed, learned the matter that we are killed [rather than transgress] sexual immorality (Sanhedrin 74a), because the betrothed maiden is compared [by the Torah] to [one who is coerced to act as] a murderer: Just as a murderer should be killed and not transgress, as we said; so too must a man be killed and not have intercourse with her. As the Torah does not tell metaphors for nothing, but only to teach a matter. They also had support from the tradition, which is an iron wall for all of their words. And the early authorities (rishonim) wrote that we only say a person must be killed and not transgress [about] transgressing a sin. But to not perform a commandment, he should transgress and not be killed, and not perform the commandment. And [it is] similar to what they, may their memory be blessed, said about Esther (Sanhedrin 74b), “She was ground of the earth” — meaning, it was similar to [a situation of] “sit and do not act,” as behold a woman has intercourse against her will. And even if the woman assisted in the intercourse after her impulse covered her, she is not liable with this — as there is no greater coercion than this. And that which we find stories about the early pious ones that were killed even [so that they not participate in] the negation of a [positive] commandment — and similar to what they, may their memory be blessed, said (Mekhilta DeRabbi Yishmael 20:6), “Why are you going out to stoning? Because I circumcised my son. Why are you going out to hanging? Because I took the lulav” — that was an [extra] measure of piety that they did and they saw that [their] generation needed this. And they were great sages fitting for this, to decide about this. As otherwise they would not have been permitted to give over their souls to die — as not everyone has permission to be killed for [other matters] than those that they, may their memory be blessed, obligated us about. Moreover, [such a person] would be liable for his life (Mishneh Torah, Foundations of the Torah 5:4).
וְעוֹד רָאִיתִי בְּעִנְיַן מִצְוָה זוֹ בְּסִפְרֵי מוֹרַי יִשְׁמְרֵם אֵל, שֶׁבְּכָל אִשָּׁה שֶׁקִּדּוּשִׁין תּוֹפְסִין בָּהּ, כְּגוֹן אַלְמָנָה לְכֹהֵן גָּדוֹל, גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט, מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל, בַּת יִשְׂרָאֵל לְמַמְזֵר, שֶׁאֵינָן בִּכְלַל עֲרָיוֹת לֵהָרֵג עֲלֵיהֶן, אֲבָל מִכָּל מָקוֹם לְהוֹרוֹת לְשׁוּם אָדָם לָבוֹא עַל אִשָּׁה וַאֲפִלּוּ פְּנוּיָה אֵין מוֹרִין, אֶלָּא יָמוּת מֵחָלְיוֹ אִם הֶעֱלָה לִבּוֹ טִינָא וְאַל תִּבָּעֵל לוֹ וְלֹא יְסַפֵּר עִמָּהּ וכו', בְּסַנְהֶדְרִין פֶּרֶק בֵּן סוֹרֵר (סנהדרין עה א) וּבְסֵפֶר מַדָּע (שם ט), וְיֶתֶר פְּרָטֶיהָ מְבֹאָרִים בפ"ח מִסַּנְהֶדְרִין וּבִפְסָחִים וְיוֹמָא וּבִמְקוֹמוֹת אֲחֵרִים [י"ד סי' קנז].
I have also seen about the matter of this commandment in the books of my teacher, may God protect him, that any woman for which betrothal (kiddushin) is effective — such as a widow to a high priest, a divorcee or released woman to a common priest, a mamzeret or a netinah to an Israelite and an Israelitess to a mamzer — are not included in the sexual prohibitions for which one must die. Still, we nonetheless do not instruct any man to have intercourse with any woman — even if she is single, we do not instruct [it]. He should instead die from the illness that has come from his lust and not have her have intercourse with him or [even] speak with her, etc. — [as we see] in Sanhedrin 75a and the Book of Knowledge (Mishneh Torah, Foundations of the Torah 5:9). And the rest of its details are elucidated in Chapter 8 of Sanhedrin and in Pesachim and Yoma and in other places. (See Tur, Yoreh Deah 157.)
וְנוֹהֶגֶת מִצְוָה זוֹ בְּכָל מָקוֹם וּבְכָל זְמַן בִּזְכָרִים וּנְקֵבוֹת. וְהָעוֹבֵר עָלֶיהָ וְלֹא קִדֵּשׁ הַשֵּׁם בְּמָקוֹם שֶׁחַיָּב לְקַדְּשׁוֹ בִּטֵּל עֲשֵׂה זֶה, מִלְּבַד שֶׁעָבַר עַל לָאו דְּלֹא תְחַלְּלוּ אֶת שֵׁם קָדְשִׁי. וּכְמוֹ שֶׁכָּתַבְנוּ לְמַעְלָה בְּסָמוּךְ (מצוה רצה). וַעֲוֹן חִלּוּל הַשֵּׁם גָּדוֹל וְחָמוּר עַד מְאֹד, עַד שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה, שֶׁאֵין כֹּחַ בִּתְשׁוּבָה וְיוֹם הַכִּפּוּרִים וְיִסּוּרִין לְכַפֵּר, אֶלָּא בְּמִיתָה, כִּדְאִיתָא בְּפֶרֶק אַחֲרוֹן מִיּוֹמָא (פו, א).
This commandment is practiced in every place and at all times by males and females. And one who transgresses it and did not sanctify the Name in a circumstance where he was obligated to do so, has violated this positive commandment; besides that he has also violated the negative commandment of “And you shall not profane My holy Name,” and as we wrote above adjacently (Sefer HaChinukh 295). The iniquity of profaning the Name is great and very severe to the point that they, may their memory be blessed, said that repentance, Yom Kippur, and afflicitons do not have the power to atone for it, but only death — as it is [found] in the last chapter of Yoma 86a.