Emor / Kidus Hásém

You shall not profane My holy name, that I may be sanctified in the midst of the Israelite people—I יהוה who sanctify you,

The entire house of Israel are commanded regarding the sanctification of [God's] great name, as [Leviticus 22:32] states: "And I shall be sanctified amidst the children of Israel." Also, they are warned against desecrating [His holy name], as [the above verse] states: "And they shall not desecrate My holy name."
What is implied? Should a gentile arise and force a Jew to violate one of the Torah's commandments at the pain of death, he should violate the commandment rather than be killed, because [Leviticus 18:5] states concerning the mitzvot: "which a man will perform and live by them." [They were given so that] one may live by them and not die because of them. If a person dies rather than transgress, he is held accountable for his life.

Any holy matter may only [be performed] in a congregation of Jews, as [Leviticus 22:32] states: "And I shall be sanctified among the children of Israel".
Regarding all these matters, if they were begun with ten [people] and some leave - even though they are not permitted to - the remainder should conclude [the holy matter].

Similarly, Rav Adda bar Ahava stated, in accordance with the second opinion: From where is it derived that an individual may not recite kedusha alone? As it is stated: “And I shall be hallowed among the children of Israel” (Leviticus 22:32), any expression of sanctity may not be recited in a quorum of fewer than ten men.

§ Rav Ḥana bar Bizna says that Rabbi Shimon Ḥasida says: Joseph, who sanctified the name of Heaven in private, had one letter of the name of the Holy One, Blessed be He, the letter heh, added to his name. Whereas in the case of Judah, who sanctified the name of Heaven in public [befarhesya] at the Red Sea during the exodus from Egypt, merited that his entire name is called by the name of the Holy One, Blessed be He, as the entire four-letter name of God can be found within Judah’s name.

§ The Gemara asks: What are the circumstances that cause desecration of God’s name? Rav said: For example, in the case of someone like me, since I am an important public figure, if I take meat from a butcher and do not give him money immediately, people are likely to think that I did not mean to pay at all. They would consider me a thief and learn from my behavior that one is permitted to steal. Abaye said: They taught this statement of Rav only in a place where they do not ask for the money, where it is not customary for the butcher himself to come and collect payment from the customer. When the customer does not pay immediately, people may suspect him of theft. But in a place where they ask for the money from the customer some time later, we have no problem with doing this. Since everyone understands he is buying on credit, he is not desecrating God’s name.

Abaye said: As it was taught in a baraita that it is stated: “And you shall love the Lord your God” (Deuteronomy 6:5), which means that you shall make the name of Heaven beloved. How should one do so? One should do so in that he should read Torah, and learn Mishna, and serve Torah scholars, and he should be pleasant with people in his business transactions. What do people say about such a person? Fortunate is his father who taught him Torah, fortunate is his teacher who taught him Torah, woe to the people who have not studied Torah. So-and-so, who taught him Torah, see how pleasant are his ways, how proper are his deeds. The verse states about him and others like him: “You are My servant, Israel, in whom I will be glorified” (Isaiah 49:3).

MISHNA:One does not recite the introductory prayers and blessing [poresin] before Shema; nor does one pass before the ark to repeat the Amida prayer; nor do the priests lift their hands to recite the Priestly Benediction; nor is the Torah read in public; nor does one conclude with a reading from the Prophets [haftara] in the presence of fewer than ten men.

§ The Gemara now considers which prohibitions are permitted in times of mortal danger. Rabbi Yoḥanan says in the name of Rabbi Shimon ben Yehotzadak: The Sages who discussed this issue counted the votes of those assembled and concluded in the upper story of the house of Nitza in the city of Lod: With regard to all other transgressions in the Torah, if a person is told: Transgress this prohibition and you will not be killed, he may transgress that prohibition and not be killed, because the preserving of his own life overrides all of the Torah’s prohibitions. This is the halakha concerning all prohibitions except for those of idol worship, forbidden sexual relations, and bloodshed. Concerning those prohibitions, one must allow himself to be killed rather than transgress them.

...

The baraita continues: One might have thought that it is permitted to worship the idol in this circumstance even in public, i.e., in the presence of many people. Therefore, the verse states: “Neither shall you profane My holy name; but I will be hallowed among the children of Israel: I am the Lord Who sanctifies you” (Leviticus 22:32). Evidently, one is not required to allow himself to be killed so as not to transgress the prohibition of idol worship when in private; but in public he must allow himself to be killed rather than transgress.

When does the above apply? With regard to other mitzvot, with the exception of the worship of other gods, forbidden sexual relations, and murder. However, with regard to these three sins, if one is ordered: "Transgress one of them or be killed," one should sacrifice his life rather than transgress.
When does the above apply? When the gentile desires his own personal benefit - for example, he forces a person to build a house or cook food for him on the Sabbath, he rapes a woman, or the like. However, if his intention is solely to have him violate the mitzvot, [the following rules apply:] If he is alone and there are not ten other Jews present, he should transgress and not sacrifice his life. However, if he forces him [to transgress] with the intention that he violate [a mitzvah] in the presence of ten Jews, he should sacrifice his life and not transgress. [This applies] even if [the gentile] intended merely that he violate only one of the [Torah's] mitzvot.

If anyone about whom it is said: "Transgress and do not sacrifice your life," sacrifices his life and does not transgress, he is held accountable for his life.
When anyone about whom it is said: "Sacrifice your life and do not transgress," sacrifices his life and does not transgress, he sanctifies [God's] name. If he does so in the presence of ten Jews, he sanctifies [God's] name in public, like Daniel, Chananiah, Mishael, Azariah, and Rabbi Akiva and his colleagues. These are those slain by [the wicked] kingdom, above whom there is no higher level. Concerning them, [Psalms 44:23] states: "For Your sake, we have been slain all day, we are viewed as sheep for the slaughter," and [Psalms 50:5] states: "Gather unto Me, My pious ones, those who have made a covenant with Me by slaughter."
When anyone about whom it is said: "Sacrifice your life and do not transgress," transgresses instead of sacrificing his life, he desecrates [God's] name. If he does so in the presence of ten Jews, he desecrates [God's] name in public, nullifies [the fulfillment of] the positive commandment of the sanctification of [God's] name, and violates the negative commandment against the desecration of God's name.
Nevertheless, since he was forced to transgress, he is not [punished by] lashing, and, needless to say, is not executed by the court even if he was forced to slay [a person]. The [punishments of] lashes and execution are administered only to one who transgresses voluntarily, [when the transgression is observed by] witnesses, and [when] a warning [was given], as [Leviticus 20:5] states concerning one who gives his children to [the worship of] Molech: "I will turn My face against that person."
The oral tradition teaches [that we can infer]: "that person" and not one who is forced [to transgress, who transgresses] inadvertently, or [who transgresses] because of an error. If, concerning the worship of false gods, which is the most serious [of sins], a person who is forced to worship is not liable for karet, nor, needless to say, execution by a court, how much more so [does this principle apply] regarding the other mitzvot of the Torah? [Similarly,] regarding forbidden sexual relations, [Deuteronomy 22:26] states: "Do not do anything to the maiden."
One who could, however, escape and flee from under the power of a wicked king and fails to do so is like a dog who returns [to lick] his vomit. He is considered as one who worships false gods willingly. He will be prevented from reaching the world to come and will descend to the lowest levels of Gehinnom.

Know that this is so, as it is written: “A song to Asaf. O God, nations are come into Your inheritance; they have defiled your Holy Temple; they have laid Jerusalem in heaps. The dead bodies of Your servants they have given to be food to the birds of the sky, the flesh of Your pious ones to the beasts of the earth” (Psalms 79:1–2). What is the meaning of “Your servants” and what is the meaning of “Your pious ones”? Is it not so that the term “Your pious ones” is referring to literally, Your pious ones, those who had always feared God; whereas “Your servants” is referring to those who had initially been liable to receive punishment for their sins, but once they were killed, they are called “Your servants”? This indicates that a transgressor who was executed achieves atonement even without repentance.

Abaye said to Rav Yosef: Do you maintain that one who dies in his state of wickedness without repenting achieves atonement? This is not the case, as one who dies in his state of wickedness without repenting does not achieve atonement, as Rav Shemaya taught in a baraita: The verse states with regard to the priests: “There shall none be defiled for the dead among his people, but for his kin that is near to him, for his mother, and for his father” (Leviticus 21:1–2). One might have thought that even if his father had become an apostate and separated himself from the ways of the community, his son the priest shall become ritually impure in order to bury him. Therefore, the verse states: “Among his people,” which teaches that a priest may become ritually impure only for one who performs the actions of his people, that is, one who conducts himself as a Jew. This indicates that one who dies in his wickedness without repenting does not achieve atonement.

Similarly, a priest does not become impure for any of those individuals for whom we do not mourn as stated above: e.g., those executed by the court, those who deviate from the ways of the community, stillborn infants, and those who commit suicide.
Until when does the mitzvah to become impure apply? Until the grave is covered. Once the grave is covered, however, the graves of one's close relatives are like those of any other corpse. If a priest becomes impure for their sake, he should be punished by lashes.

The Gemara questions this account: But was this murderer fit to die by being bitten by a snake? But doesn’t Rav Yosef say, and so the school of Ḥizkiyya also taught: From the day that the Temple was destroyed, although the Sanhedrin ceased to be extant, the four types of court-imposed capital punishment have not ceased. The Gemara asks: Have they really not ceased? But they have ceased, as court-imposed capital punishment is no longer given. Rather, the intention is that the halakha of the four types of court-imposed capital punishment has not ceased to be applicable.

The Gemara explains: How so? For one who would be liable to be executed by stoning, either he falls from a roof or an animal mauls him and breaks his bones. This death is similar to death by stoning, in which the one liable to be executed is pushed from a platform and his bones break from the impact of the fall. For one who would be liable to be executed by burning, either he falls into a fire and is burned or a snake bites him, as a snakebite causes a burning sensation. For one who would be liable to be executed by slaying through decapitation by the sword, either he is turned over to the authorities and they execute him with a sword, or robbers come upon him and murder him. One who would be liable to be executed by strangling either drowns in a river and is choked by the water or dies of diphtheria [bisronekhi], which causes his breathing to become constricted. According to this, a murderer, whose verdict in court would be death by slaying, should not be bitten by a snake.

...

Rav Yosef added: And I heard that they were saying in that world: Praiseworthy is the one who arrives here with his studies in hand. And I also heard that they were saying: Those executed by the government enjoy such an exalted status that no one can stand in their enclosure.

The Gemara asks: And who are these martyrs that Rav Yosef was referring to? If you say that he was referring to Rabbi Akiva and his colleagues, who were martyred, this cannot be: Is their elevated status due only to the fact that they were martyred by the Roman government and nothing more? These men were exceptional in their piety and sanctity during their lives as well. Rather, it is referring to the martyrs of Lod, Pappos and Luliyanos, who gave themselves up to be martyred for the sake of the Jewish people. They falsely admitted to killing the king’s daughter in order to prevent a harsh decree from being issued against the entire community. Although they were not known for exceptional piety before that event, they are considered to be extremely holy due to their martyrdom.

One who is present at the time of the departure of the soul of a Jewish man or woman, is dutibound to rend garments; and even if at times [the person who died], committed a sin because of an irresistible desire, or [would] forsake the performance of a religious duty on account of trouble involved. Gloss: But one who was in the habit of committing sins, is not mourned for; and so much the more for one who is an apostate in respect of idolatry. Some say that an apostate who was killed by a Gentile-[robber], is mourned for. So too, [does one mourn for] a minor who commits apostasy along with his father or mother, since he was under pressure; and some say that we observe no mourning rites [for him], and this is the [accepted] fundamental principle. Those who dissociate themselves from the practices of the community, although they are not mourned for, [nevertheless], their children are mourned for.

...