Gemara talks here about בתולה נישאת ביום הרביעי that a בתולה has to get married on Wednesday. The Gemara quotes the Beraisa here where it says that in certain situations you could change it. And one of the things the Beraisa says here: מסכנה ואילך, from the time when there was a סכנה, there was a danger, נהגו העם להיכנס בשלישי, the people started getting married on Tuesday. ולא מיחו בידם חכמים, the Chachamim didn't stop them. In other words, Chachamim felt that they were right, even though the halacha is you have to get married on Wednesday, but because of the danger, they got married on Tuesday. Now the Gemara wants to know, what is the danger? מאי סכנה? What's the danger? So first the Gemara has a hava amina that the danger was that they said, the goyim said, that בתולה נישאת ביום הרביעי תיהרג, that if a בתולה will get married on Wednesday, she should get killed. They were against the halacha and they wanted to force Jews not to keep the mitzvot, so they said that anybody who will follow the Chachamim get killed. So the Gemara says that can't be the pshat, so they have a different pshat. The Gemara gives a reason why not. Then the

Gemara says, אמר רבא דאמרי, what they said was בתולה נישאת ביום הרביעי תיבעל להגמון תחילה, that if a בתולה gets married on Wednesday, and truly here Wednesday is not the point, any בתולה who gets married should have relations first with the governor. So, and since Wednesday was the day that Jewish girls got married, so it became a problem. So other days, the governor doesn't necessarily know someone is getting married, but Wednesday, he knew every Wednesday is there somebody to, Wednesday is a day of chatanah. So the Gemara says, how could you say that's what it means, האי סכנה? Why do we call it סכנה? There's no סכנה here, no danger here. Ones hu! It's an ones, it's a force that the goyim would force them to do the aveirah! But it's not a danger. So the Gemara says: yeah, משום דאיכא צנועות דמסרן נפשייהו לקטלא, because there are frum, real frum women that will be moser nefesh and get killed, ואתיין לידי סכנה, so it's a סכנה. In other words, it's because of the sakanah that we allowed them to change it. It's not because of the aveirah we allowed them to change it, because the aveirah, the problem wouldn't be such a big problem. In aveirah, because it's by force, it's an ones, and a married woman that has relations with somebody else b'ones is still allowed to stay married to her husband. M'meila, so what was the problem? Still I'm saying what the Gemara says. So it's not in the sakanah, it's an ones. The

answer of the Gemara is: it is a sakanah because some people would go on mesirut nefesh. So the Gemara asks, what do you mean they'll go on mesirut nefesh? ולידרשו להו דאונס שרי! Let's tell them that it's mutar! Let's tell them that if they're forced, they're still not forbidden to their husbands, and there is no reason for them to go on mesirut nefesh. So let's stop the sakanah! And the Gemara answers why not. This is the Gemara. So one kashya that comes up right away is, isn't this גילוי עריות? Isn't this one of the three aveirot that you have to go on mesirut nefesh for? So what do you mean that they're allowed to, it's only an ones? That's Tosafot's kashya. And Tosafot answers, that's why we're not going to get involved with that kashya, Tosafot answers that kashya that two peshtim, or the Rabbeinu Tam or the Ribam. The Rabbeinu Tam says, since it was a goy, it's not really in the category of גילוי עריות that you have to go on mesirut nefesh. The woman, if it's a goy who wants to be מענה her, she, even if she's a married woman, doesn't have to go on mesirut nefesh, only if it's a Jew. And then the

Ribam holds a different reason, that a woman, when it comes to aveirah of גילוי עריות, never has to go on mesirut nefesh because she doesn't do a מעשה. And he holds that by all three עבירות, עבודה זרה, גילוי עריות, שפיכות דמים, when we say you have to go on mesirut nefesh, it's only when they force you to do a ma'aseh against that aveirah. Even by, let's say, שפיכות דמים, by murder. Let's say they would tell you, if they tell you: \"Kill that person and I'll kill you\", then you have to go on מסירות נפש, let yourself get killed. But if they say: \"No, you stand there and let yourself be pushed off and you'll fall on a baby and the baby will get killed, if not, we'll kill you\", you don't have to go on מסירות נפש because they are not forcing you to do a ma'aseh. The same thing here. That's the teirutz on this kushya. But then there's another problem in this Gemara which is not, this is not what we're going to discuss, we're going to discuss the other problem. The Gemara says here that the צנועות went on מסירות נפש, and the Gemara says the צנועות would not allow this to happen, and the Gemara says: \"So let's tell them they're allowed\", and the Gemara gives a reason why we can't tell them, and therefore they would go on מסירות נפש, and therefore whatever the rest of the Gemara, that's not the case. The question is: since this is a case where they don't have to go on מסירות נפש. But Tosafot says that this is a case you don't have to let yourself get killed. The shittah of the Rambam is, as we all know, that any case where you don't have to go on מסירות נפש, you're not allowed to go on מסירות נפש. So what do we mean that צנועות went on מסירות נפש? We have to stop them! They're doing an aveirah! The צנועות, they're frum. They're frum, according to the Rambam they're doing an aveirah! And the Gemara is mashma here that they don't have to go on מסירות נפש in this case, and the reason would be whether it's the Rabbeinu Tam's peshat, the Ribam's peshat, or whichever it is, it's not something you have to go on מסירות נפש, and nevertheless, we allow them to go on מסירות נפש. The question is, how can we allow them? That's what some of the mefarshim ask. How, according to the shittah of the Rambam? And this is a famous shittah, machloket between the Rambam and the other Rishonim. The

Rambam in the fifth פרק of Yesodei HaTorah, the Rambam says that wherever there is a din of יעבור ואל ייהרג, that you should be over and not get killed, you're not allowed. Hold on, I'll read the lashon of the Rambam, it's going to be noge'a soon. Why why isn't why isn't it considered גילוי עריות if if it's a goy? He brings, that's the shita of the... it's גילוי... Asur, but ייהרג ואל יעבור it doesn't apply. He brings pesukim, and that's a big machloket there, there's a big Tosafot there. In those days when they forced the bride, what was it, was it before the chupah, right? After. As an אשת איש already. That's, yeah, I see. It was after, the husband... Because if it would be before it wouldn't be a גילוי עריות to begin with. Right, right, yeah. Because she's still a penuyah, she's still single. But since it was after the chupah she was already married, so it's גילוי עריות, so she should go on mesirut nefesh. And the answer is, since it's a goy, not. Or because it's a... I seem to remember reading about the history of these things and also like that that actually they forced her before she could go to... To her husband, right, while she's still a betulah, yeah. But she's, she was married. This was after the chupah, this was after the chupah, before with her husband, she was still a betulah. So here we have this, the Rambam in פרק ה': כל בית ישראל מצווין על קידוש השם הגדול הזה, all Yidden are commanded to do a קידוש השם, שנאמר ונקדשתי בתוך בני ישראל, ומזהרין, and they're warned, שלא לחללו, not to be מחלל השם. And then the רמב\"ם explains: כיצד? כשיעמוד עכו\"ם, a גוי will get up, ויאנוס את ישראל, and force a ייד לעבור על אחת מכל מצות האמורות בתורה, to be עובר on any of the מצוות, או יהרגנו, or he'll kill him, יעבור ואל ייהרג, be עובר, don't get killed. שנאמר במצות, because by the mitzvot it says, אשר יעשה אותם האדם וחי בהם, by mitzvot a person should do them and live with them, וחי בהם ולא שימות בהם, you should live with the mitzvot and not die through the mitzvot, so therefore you are not... you should be over. Does the same rule hold true if if a Yid forces another Jew to do it? Yeah, we're not... Why is it... Why is it עכו\"ם? We're talking about other, we're not talking about these three aveirot. We're talking about a goy forcing. For if a goy or a Yid, usually a Yid wouldn't, yeah, so this is the point, the point's not... that's just an example. If you're forced to do any aveirah, so you have to be you should be over. And not only that, the Rambam says: ואם מת ולא עבר, if you happen to let yourself get killed and not be עובר, הרי זה מתחייב בנפשו, you committed suicide. You have no right to do it. And the Rambam later on, in הלכה ד', repeats it again: כל מי שנאמר בו יעבור ואל ייהרג, it says be over and don't get killed, ונהרג ולא עבר, and he got killed rather than being עובר, הרי זה מתחייב בנפשו. מתחייב what? Mit'chayev b'nafsho, you're chayav for your own nefesh, you took your life. Like a form of suicide. And this is the shita of the Rambam. This is a big machloket. The mefarshim on the Rambam bring that many rishonim argue, Tosafot, other rishonim argue and they say that you don't have to go on mesirut nefesh by all aveirot except the three, but you're allowed to! Not only are you allowed to, but if you do, קדוש יאמר לו! You're considered a kadosh, it's a great a great mitzvah! There's a machloket between the Rambam and the other rishonim. But the Rambam is of the opinion, as we said, that you're not allowed to be neherag, you have to be over. So according to the Rambam we have a problem with this Gemara. According to the Rambam, in this Gemara it says clearly that we allowed the צנועות to get killed, even though this is a case where you didn't have to. The Gemara says clearly אונס שרי, in this case it's only an אונס and you don't have to get killed, and not only that, you still be allowed to go back to your husband unless he's a כהן, it's one of the teirutzim of the Gemara. But by a כהן, if his wife is taken באונס, even באונס, she's asur to her husband. But by a ישראל, she's mutar to her husband so she doesn't have to go on mesirut nefesh, she's mutar. So obviously this is one of the things that there is no din of ייהרג ואל יעבור that you should get killed. So this is one of those aveirot where it's יעבור ואל ייהרג. The Rambam holds wherever it's up, it's one of those cases where you should be עובר, you're not allowed to be נהרג! How did the צנועות do this? Why did the Gemara say that it would be צנועות that wouldn't be able to warn her, or wouldn't be able to get to her, or wouldn't be able to communicate the factor that she has to, you know, live with her husband? The answer is that we don't want, the Gemara answered we don't want to because of the כהנות, because of the פרוצות. I don't want to go because that's not נוגע to our inyan that I'm going to discuss. The Gemara answers why we couldn't tell them this, we couldn't tell them that they shouldn't go on mesirut nefesh, so we let them go on mesirut nefesh, but what they did was, they got married on a Tuesday. But, but had it been Wednesday, they would have gone on mesirut nefesh, and we wouldn't have stopped them. But the question is we have to stop them not because of anything else, but because they're not allowed to go on mesirut nefesh in this case according to the Rambam. So the kashya is according to the Rambam. Now there At the beginning it said that you're supposed to get married or hold doctor on Wednesday? Right. That's the whole So that was considered the last one, because the Beit Din sits on So when we saw us being re-viewed, yeah, because the Beit Din sits on Thursday, so just in case there's a problem. Oh, right, right, right, yeah. So, that's one That's a kashya. There's another kashya, a similar kashya, that other acharonim ask on the Rambam. Avodah zarah over here. There's a story in Gemara Gittin דף נ\"ז ע\"א, talks the sugya of the חורבן בית המקדש, the famous sugya, Kamtza u'Bar Kamtza, that sugya. The Gemara tells all kinds of stories that took place.

One of the stories is that at the time of the חורבן בית המקדש the goyim loaded up a ship of Jewish boys and Jewish girls, and started, took it. And the Gemara says that they realized why they're being taken. So, the Gemara says that the girls were the ones that jumped off, jumped and drowned themselves. And then after that the boys saw what they did, so the boys also jumped. The Gemara says that on them there's a bat kol that came out or concerning them it says, כי עליך הורגנו כל היום, that this is something that they did, and the Gemara praises what the girls did, and then this made the boys do it. So, we have the same question: according Since they're the girls, and girls in this case definitely would not be יהרג ואל יעבור for one of the two reasons: Whether it's because the people that they would have been taken to do the aveirah were the goyim. Number two, according to the Rivam, women bikhlal don't have יהרג ואל יעבור by גילוי עריות, because it's not a maaseh. They're called קרקע עולם, they're not doing a maaseh. So, according to the Rambam, where there is no din that you have to get killed, Right? Huh? I know what it means. The air went off. So, and and according to the Rambam, where there is no din of יהרג ואל יעבור, you're not allowed to. So, what they did was wrong. So, they committed suicide. So, why did the bat kol come out to praise them? What's so good about that? So, all this is a kashya on the Rambam. How about the boys, did they commit suicide? Was that considered suicide? No, the boys, no. Boys no kashya, because the boys had been forced to do a maaseh. So, they have to go on mesirut nefesh. So, they went on mesirut nefesh. But the women wouldn't have would The kashya is, why would they? No, but see No, but see I would think I would think so, too, because it's still ones. Good kashya, so then they The only thing you can say they're forcing them to do it with goyot, and that wouldn't be a geder of ביאה אסורה. That would be a she'eilah. If the girls jumped overboard first, well, then they didn't have to jump because there were no girls to commit the aveirah with. No, they're being taken to commit them with these with these girls? They took them so they'd come back over there in their own place, not with these boys and these No. No, there were Jewish boys and Jewish girls. They would do They would force girls, and then they'd force the boys. And this was offered and you'd have to allow to be killed. No. Well, maybe that's what it was. I mean Okay, okay. So, they're not According to this if you're not doing a maaseh, you wouldn't have to. But to answer this let's go to the Rambam, the shita of the Rambam. Let's understand what is the machloket between the Rambam and the other rishonim. What is it based on? Why would the Rambam hold that you're not allowed to go on mesirut nefesh, and others hold that you are? What's the nekudah of the machloket? The real nekudah of the machloket is what the Gemara uses the lashon that for these עבירות, יעבור ואל יהרג. יעבור, you should be עובר, ואל יהרג, not to get killed. The question is, what does ואל יהרג mean? Does it mean you don't have to get killed, or you're not allowed to get killed? The question is, how do we learn the words, the taytsh of the words ואל יהרג? That's what the Kesef Mishneh says. Because the other side of the coin, like those three aveirot where it says, יהרג ואל יעבור, get killed and don't be עובר, there it takeh means ואל יעבור means, and you're not allowed to. Doesn't say get killed and you don't have to be עובר. There it means יהרג, you have to get killed, and you're not allowed to be עובר. So, if you're going to use the same expression here, יעבור ואל יהרג, it means be עובר and you're not allowed to get killed. That's one way to learn that. Another way you could learn that over there it takeh means you can't, but here it means יעבור, you're allowed to be עובר. So, the machloket is between the Rambam and Tosafot, let's say, and the other rishonim, is how we taytsh the words יעבור ואל יהרג. But that doesn't answer our question. That just says, okay, so they taytsh the words. But why do they taytsh the words like that? What's the basis of their machloket why they taytsh the words? In other words, what is the reason for their shittot whether you're allowed to be עובר or not? We could we could say maybe at first glance that the machloket is based on what is the concept of ones. I think once in one of the other shiurim last years on that I spoke about that in ones we have a חקירה of three ways, but mainly it's two ways. When someone forces you to do something and we all know that ones rachmana patrei. If you're forced, you're patur, you can't get punished for doing something b'ones, it's not your fault. So, Rav Yosef Engel has a חקירה: Is the pshat that when you do something b'ones you did the aveirah, but you just can't be held responsible? also. You can't punish you for it because it's not your fault, but לפועל you did the aveirah. The other way to learn is that if you did it by ones, it's not מיוחס, just as if you didn't do it. It's not related to you. If someone forces you, maybe that guy did the aveirah, but you, even though technically you did it, but it's not considered as if you did it. So, it comes out like this: according to the other ראשונים you could learn that what's the pshat the ones means that you did the aveirah. You won't be responsible, but as, but still, when a person goes on mesirut nefesh for being forced to do an aveirah, he is going on mesirut nefesh to prevent himself from doing an aveirah. So, you're allowed to go mesirat nefesh. But according to the Rambam, you're preventing from what? If the guy will force you, you will not have done the aveirah anyway, so you're letting get just yourself get killed for nothing. So therefore, the Rambam says יעבור ואל יהרג, you must be over, because you can't get killed, that's commit suicide. What are you preventing yourself, what are you holding yourself back from, nothing? But it's hard to say that because many say that the Rambam holds the other way. And many that want to prove that the Rambam holds that the גדר of ones means that you did it, but you're just patur. So you can't explain this is the Rambam. And one of the ראיות is Can I ask why, why is that considered someone says they consider קדושים to be that if he if he if he wasn't held responsible to begin with, why, why would he become a mesirat nefesh? Oh, but you, but it would be an aveirah. According to the the way they're trying to say is that since it's still called an aveirah, an aveirah that you can't be punished for. But you just got through saying that he wasn't responsible for that. Not responsible. Responsible means he can't be punished. Right. You can't be held responsible, but you did an aveirah. It's not your fault. At all. It's not your fault, but an aveirah was done. If a person walks in the street and falls, and hurts himself, not his fault, but did he still hurt himself? Right. So an aveirah hurts you. So if you'll be forced, you'll be hurt. You don't want to be hurt spiritually, so you want to go mesirat nefesh, so you could. But if you hold that you won't even get hurt, so what are you going mesirat nefesh for? But I'm saying that they say that the Rambam doesn't hold like that. The Rambam holds that by ones the pshat is that you did do the aveirah. So you can't explain that the Rambam holds that you're not allowed to go on mesirat nefesh because it's as if you didn't do it completely, because the Rambam holds One of the re'ayot is because the Rambam brings, quotes many places, we'll stick we'll stick, but the Rambam holds it, so we can't explain that this is a machloket. So we're back to the she'elah, what is the machloket between the Rambam and the other Rishonim on this step? Well, then let's go to a few more she'elot here in the Rambam. I'll read the Rambam again. כל בית ישראל מצווין על קידוש השם הגדול הזה. All Yidden are commanded to mekadesh Hashem, to sanctify Hashem's name. It quotes the pasuk, שנאמר: ונקדשתי בתוך בני ישראל, I shall be sanctified amongst you. ומוזהרין שלא לחללו, we are commanded, warned, not to desecrate, שנאמר: ולא תחללו את שם קדשי. כיצד? What is the pshat here? The Rambam explains, and I read it again: כשיעמוד עובד כוכבים ויאנוס את ישראל... If a goy will stand up and force a Yid to be over on one of the mitzvot that the Torah says and, if not,

I'll kill you, יעבור ואל יהרג, you have to be over and not get killed, שנאמר, he quotes the פסוק, וחי בהם. And then he says that if you did get killed and you weren't over, you're committing suicide. That's the first halachah. ב, second halachah. Can I ask a question? Also, why does he say about a goy? That's the expression. Why would You don't say A Yid won't force you. Who What Yid will force you to do an aveirah? You're forced. If you're forced, it's an ones. Normally, exactly, the normal case is a goy will force you, that's what. Then he says, במה דברים אמורים, when is this said? This is our second halacha. When is this din that you have to be עובר? בשאר מצוות, the other מצוות, חוץ מעבודה זרה, גילוי עריות, שפיכות דמים. אבל שלש עבירות אלו, these three עבירות, אם יאמר לו... If he'll say to him, עבור על אחת מהן או תהרג, be עובר on one of them or you'll get killed, יהרג ואל יעבור, you should let yourself get killed and don't be עובר. That's what the Rambam says here. Then the Rambam goes into more details, and then הלכה ד, as I read before, he repeats himself again: כל מי שנאמר בו יעבור ואל יהרג, whoever it says he should be עובר and not get killed, ונהרג, and he did get killed, ולא עבר, הרי זה מתחייב בנפשו, he's committing suicide. כל מי שנאמר בו יהרג ואל יעבור ונהרג ולא עבר, if it says get killed and not be עובר and that's what he did, קידש את השם, and if it's with 10, קידש השם ברבים, all kinds of things. Well, why does he repeat that? Well, that's a question. That he just he repeats it again. The

main question here is if the Rambam starts off by saying there's a mitzvah of Kiddush Hashem, which of the two is the Kiddush Hashem? By those aveirot where you have to be עובר, or by those aveirot you have to get killed? Well, obviously it's by those aveirot you have to get killed, that's what Kiddush Hashem is. Now, look what the Rambam says. Starts off, every Yid is מחוייב in Kiddush Hashem. כיצד? כיצד means always What does that mean? That if a goy will tell you to be עובר on all the aveirot, don't get killed, be עובר. Right. Then comes the second halacha: When is this din? By other מצוות, חוץ מעבודה זרה. How should the Rambam have written? Reverse! Right. Starting off by saying there's a mitzvah of Kiddush Hashem, כיצד? A goy tells you to be עובר on עבודה זרה, גילוי עריות, שפיכות דמים, get killed, kiddush Hashem. Then the next halachah he'll say, but you should know it's only by these three, by other things not. Now here he starts the other way. Now, really we assume it's an introduction. It's like he's trying to get to the end, so like starting off. And the Rambam does that sometimes. He says a halachah and then he says כיצד, starting off other end and leads up, eventually to get to what he wants. So here also, you would say, there's a mitzvah of kiddush Hashem. What is it? So he tells you, you should know that if it's by other averot don't get killed, but if it's by the three get killed, and that's really what he's trying to lead to. But why does the Rambam put it in two halachot? It comes out the main thing he's trying to get to is by the three עבירות, קידוש השם, that's a separate halachah. If it would be in one halachah, you could still say this is just an introduction. And actually the

Brisker Rav, I think, on the Semag, he even explains why the Rambam would give this introduction, because you could ask why would you need even such an introduction? Why doesn't the Rambam just go to the point? There's a mitzvah of kiddush Hashem, כיצד? By the three averot get killed, if you if they want to force you. Why would you need an introduction by other averot not? So he says it's it's important to know because a person who just learned that halachah, you know what he would think, Haibershter asked you to go on mesirut nefesh for those three averot, for obviously the Aibershter doesn't care about us. He gave us mitzvot and says, I don't care about your body, I don't care about your life. So that's why the Rambam comes out with an introduction. First of all, by all of the most averot not. So the Aibershter does care, adrabah, וחי בהם, he wants you to live with the mitzvot. So then by the time when you get to the next halachah knowing that by the these are three exceptions, you know that it's not because the Aibershter doesn't care about you. But this would be fine if it would be in one halachah. If it would be in one halachah, so this is like one thing, he's trying to get to this, he gives an introduction for the reason he gives. But why, like it seems as if first he starts with kiddush Hashem, and the halachah, כיצד, that by all averot you should be עובר. Then he says במה דברים, another halachah, when is this said? That by שאר מצות, but by these three not. It's a funny expression. Then there is another kashya here. It seems like the Rambam is missing the point. You know, if I'd write a Rambam, I'd write like this: כל בית ישראל מצווין למסור נפש על קידוש השם. Every Yid is obligated to give up his life for Kiddush Hashem. That's what That's what the Rambam is trying to tell us. No, and the way the Rambam writes it, it's it's much more vague. What does the Rambam say? Every Yid is mitzvah to make Kiddush Hashem.

What's a Kiddush Hashem? Now, we all know that Kiddush Hashem means dying al Kiddush Hashem, and that's what the Rambam is obviously trying to tell us, that every Yid is obligated Kiddush Hashem. What's Kiddush Hashem? That by these three aveirot you have to get killed if they force you to do it. So the Rambam skipped a word! Getting killed! He should have said: כל בית ישראל מצווין ליהרג על קידוש השם, למסור נפש על קידוש השם, some kind of an expression that would show that he's talking about giving up your life! Everyone is מצווה על קידוש השם, it's mamash as if he's missing the point. Because the Kiddush Hashem is not only giving up your life. But that's what the Rambam is trying to tell us here. The Rambam in this perek, the Rambam in halachah is if someone asks you, 'What did we take out from this halachah?' There's a mitzvah of Kiddush Hashem, what is the mitzvah of Kiddush Hashem? We're not talking about Kiddush Hashem that you go out in the street with a yarmulke and you behave the way a Yid is supposed to, make a Kiddush Hashem. That's a different type of Kiddush Hashem. Yeah, Kiddush Hashem is giving up your life, that's what it that's what it is. Doesn't say that in the first. What do you call it? Oh, that's exactly my kashya! What do you mean What does it say? If the mitzvah We all know the mitzvah of Kiddush Hashem is to give up your life when you're supposed to. So the Rambam should have said there's a mitzvah on every Yid to give up his life for Kiddush Hashem. But it says it's a mitzvah for a Yid to מקדש השם, meaning what? It doesn't say, it l'chorah missed the main thing. Then there are more kashyot here, but not to get bogged down in the details. So that's another thing we have to understand here, so this is just to understand this the derech of the Rambam. There is one place the Rebbe has a whole אריכות, and he says that in the mitzvah of kiddush Hashem, there are two inyanim. One inyan is that it's a mitzvah by itself. Another inyan is it's a detail in those three aveirot. Normally we know, how do you do the mitzvah, how are you mekayem the mitzvah of kiddush Hashem? If you let yourself get killed for גילוי עריות, for עבודה זרה, for שפיכות דמים. Now, it means that it's a detail in those three aveirot. The mitzvah of of of עבודה זרה, means the issur of עבודה זרה, the mitzvah of not doing עבודה זרה, is so far that includes that you have to even go to מסירות נפש. The mitzvah of גילוי עריות includes even מסירות נפש. The mitzvah of of שפיכות דמים it goes so far. So when we say that you have to let yourself get killed for kiddush Hashem, it's all details in that mitzvah, in those three mitzvot. Besides that he says, there's a separate mitzvah of kiddush Hashem, the mitzvah of ונקדשתי. What does he say? So he explains the Rebbe goes into details about it. But for what? ונקדשתי בתוך בני ישראל, that's the mitzvah of kiddush Hashem. Now what does that mean? What does it mean that there is a separate mitzvah of kiddush Hashem? Okay, let's say because there is a pasuk. The pasuk says ונקדשתי בתוך בני ישראל, I have to get sanctified. Yisrael. Now how do we know that that mitzvah means letting yourself get killed? When we say that it's a detail in the other three, we know what it means, because by those three, the Rambam later on gives us proof how we know you have to let yourself get killed. The proof is like this: By עבודה זרה, because the pasuk says ואהבת את ה׳ אלקיך בכל לבבך ובכל נפשך, you shall love Hashem with all your nefesh even אפילו נוטל את נפשך, even if He takes your nefesh. בנוגע שפיכות דמים the Gemara says, the Rambam brings it, it's a sevara: מאי חזית דדמא דידך סומק טפי? Why is your blood redder than his? Why should you kill him to save your life, maybe you should let you get killed and save his life? So there's, you can't go and kill him. גילוי עריות, we have a pasuk that compares גילוי עריות to שפיכות דמים. The pasuk says concerning the נערה המאורסה, a married woman, so the pasuk says that if this happened, it's like somebody who kills somebody. So the Gemara, the pasuk compares, so just like by killing there's a din of יהרג ואל יעבור, so too here. So we know that these three aveirot there's a din of getting killed. So if you say that by doing this you make a קידוש השם as a detail in one of these three aveirot, so we know it means getting killed. But if we're looking at ונקדשתי as a mitzvah for itself, where does it say get killed? How do we know it means that you have to... in the, I don't know, make a... Agav I wouldn't know how that you express it, I don't know, but where does it say dying? Where does it say in the pasuk dying, get killed, מסירת נפש? ונקדשתי, I should become holy, should become sanctified. So what does that mean? Because if not for this thing that the Rabbi writes, I would assume that ונקדשתי is a detail in these three aveirot. You're מקיים ונקדשתי as part of גילוי עריות, as part of שפיכות דמים. But to say you're mekayem it separately, what does that mean? So we need to understand that. ונקדשתי is by, by Nadav va'Avihu when they died, it says ונקדשתי. Yeah, but, eich vais, but still this is the pasuk that the Gemara learns out there's Kiddush Hashem. Oh yeah, well where is this ונקדשתי, is that the same one? The same one. Oh, that's the same, yes. There is a It's going to be funny, but there is a sicha from the Frierdiker Rebbe who tells a story with the Tzemach Tzedek, there was a time when they had a big meeting, big אסיפה, that he was there for a long for a while together with Reb Itchele Volozhiner. Chaim Volozhiner'ss son. And during that אסיפה, many times they had to go on mesirat nefesh, the government wanted them and they went all against the government. Anyway, so he says there that during the discussion the Tzemach Tzedek says to Reb Itchele Volozhiner like this: We don't find in the Torah the mitzvah to go on mesirat nefesh. But we do find the mitzvah of Kiddush Hashem. Quoting words, which at first glance you have to understand what it means, it makes no sense. We don't find the mitzvah of mesirat nefesh, we do find the mitzvah of Kiddush Hashem, and Kiddush Hashem has no limits. What does that mean? It means that Kiddush Hashem has no limit, and you have to go till the end. Nu, so there is a mitzvah of mesirat nefesh. What do you mean there is no mitzvah of mesirat nefesh? Why not? That's just what the Torah is doing. No, but no, because there's no limit, it means till, the no limit means that not far till they'll hit you, till they'll, till they'll kill you. So the concept of mesirat nefesh is taken from the pasuk of ונקדשתי, of Kiddush Hashem. So he says there is no mitzvah of mesirat nefesh, but there is a mitzvah of Kiddush Hashem, and Kiddush Hashem has no limit, and that's why you have to go mesirat nefesh. So if the if ונקדשתי means no limit, so there is a mitzvah of mesirat nefesh. What are the two things he says? Anyway, to get down bottom the point is like this. But how do we get wait, so that if that ונקדשתי is from with Nadav va'Avihu, how'd that get connected at all? Yeah, but the, b'foal the pasuk says ונקדשתי. It says ונקדש- I shall become sanctified among the people, so you have to do a Kiddush Hashem. We're just wondering what it means. What do you do to make a Kiddush Hashem? But it says ונקדשתי. I mean, it's not connected to any Right, it doesn't say that in the text. So normally we would learn that it's connected to these three aveirot, because that's how you do Kiddush Hashem. You, when you Kiddush Hashem, you let yourself get killed for these three aveirot, when you're supposed to. But to say that the Rebbe said it's a separate thing, what does that mean? And now what does it mean that there is no mitzvah of mesirat nefesh, but there is a chiyuv of Kiddush Hashem, and Kiddush Hashem has no limit? That's what he said to Reb Itchele Volozhiner. What, what does this mean, what does the Tzemach Tzedek mean with these words? The truth is like this: When we look into the mitzvah of ונקדשתי, into the Sefer Hamitzvot, the מנין המצות, so you have the Rambam, Sefer Hamitzvot, and you have the Chinuch, Sefer Hachinuch, which also goes through the list of mitzvot, just in a different order. The Rambam goes according to whatever order he picked of mitzvot, and the Chinuch goes according to the chumash. Usually, the Chinuch goes בעקבות הרמב״ם, the Chinuch usually follows the shita of the Rambam, that's usual. But sometimes not. In this case, if we're going to compare what the Rambam writes by the mitzvah of Kiddush Hashem and ונקדשתי, and the way the

Chinuch writes, we see two major differences. You have a Sefer Hamitzvot? Question is which one. And the Sefer Hachinuch also? You do have the, cuz that's part of the set. What In the Chinuch מצוה רצ״ו. Who's the author of Sefer Hachinuch? They think it's Rabbi Aharon Halevi. I'm not even sure. Who is it called, Aharon Halevi of Barcelona. Whoever says ר״נ ב... But this is עשה or לא תעשה? And these are positive ones. Which one is this? Huh? See, here it says kanireh, they're not sure. Kanireh they bring here רבינו פנחס הלוי, רבינו אהרן הלוי's brother. So which one is this? This one is the mitzvah the positive mitzvot? Oh this is the Chinuch, the Chinuch goes according to the סדר, I'm sorry. So it's it's מצוה רצ״ו. It's 290 Here it is, right here. It says 281. And if you have a Sefer Hamitzvot, what should I look at that you disagree on? Oh, we'll see. The same mitzvah. Okay. Okay, the Chinuch says like this: I'll read it. מצוה רצ״ו, שנצטוינו לקדש את השם. We were commanded to mekadesh to make a kiddush Hashem, שנאמר: ונקדשתי בתוך בני ישראל. Klomar, oh right, klomar. Meaning. Means שנמסור נפשינו למות, we have to give our life to die, על קיום מצות הדת, we have to give up our life for the keeping of the mitzvot. וכבר בארו זכרונם לברכה, and the chachamim already explained if you have kabbalah or the פסוקים, באיזה ענין ובאיזה מצוה נצטוינו בזה. The mitzvah is we should get killed and the chachamim told us which mitzvah it means. I'm going to read this in English, it will be easier. We are commanded to sanctify the divine name for it is written and it quotes the pasuk, right, which means we shall be ready to offer our lives to die for observing the of our religion. Long ago, the sages of blessed memory clarified by the oral tradition, yeah, in which situation or for which mitzvah we are commanded. And he goes on and even though it says וחי בהם, it's talking about other mitzvot. ובפירוש אמרו זכרונם לברכה, ובפירוש they said, the sages of blessed memory distinctly said, there are three precepts over which a man must give up his life, and he goes on: והן: עבודה זרה, and everything that rounded, ושפיכות דמים, and גילוי עריות. That's what he said. So you hear that the Chinuch makes it very clear and what's the mitzvah of ונקדשתי? It's by these three aveirot. It does not mean, it's by these three aveirot. It says clearly, the mitzvah is to give up your life. When? The chachamim explained already when. Now let's look how the Rambam does it. The Rambam said the same thing. Oh, we'll see. The Sefer HaMitzvot did that. You should read it, you'll probably know. You read English, so that's the Rambam Rambam? Yeah, that's Rambam. Yeah. Oh, that's the thing. No, on Sefer HaMitzvot LaRambam. Oh, here. המצוה התשיעית, מצוה ט׳. הציווי שנצטוינו על קידוש השם. It's the mitzvah of קידוש השם. והוא אמרו, this is from the pasuk: ונקדשתי בתוך בני ישראל. Starts off basically the same way. וענין מצוה זו, The inyan of this mitzvah is: שאנו מצווים לפרסם דת האמת הזאת בעולם, The inyan of this mitzvah is that we have to publicize the religion in public. ושלא נירא מנזק שום מזיק, we shouldn't be afraid of any damage. עד, till, שאפילו יבוא עלינו אנס עריץ ויכריחנו לכפור בו יתעלה, even if a goy, a terrible guy will come and force us to deny the אייבערשטער, לא נשמע לו, shouldn't listen. אלא, נימסר עצמנו למות, we should definitely give ourselves up to death. And even if they we don't really mean it, we should give up. וזו היא מצות קידוש השם, so this is the מצוה, כלומר, שנמסור עצמנו למות ביד האונס, we have to give ourselves our life for this against this guy who wants to force us. And he quotes Chananya Mishael v'Azarya, and he goes on. He says basically Doesn't say anything about the three, it means about the If it's So, we see two differences. Number one, the Chinuch makes it very clear that ונקדשתי is by those three aveirot, the Rambam doesn't. Number two, the way he starts off, the Chinuch starts off, klomar, we have to die. Rambam doesn't say. He should have said the mitzvah is קידוש השם, וענין מצוה זו, what's the inyan? So he should have said, שנמות, that we should die על קידוש השם. The inyan is that we have to, we were commanded to lefarseim the Eibershter till we go out to die if he wants. So he does mention death. He does mention if they want to force us to deny the Eibershter, he goes on like that, but So I want to say that there is a big machloket here between the Rambam and the Chinuch in peshat of מצות קידוש השם. According to the Chinuch, the mitzvah as קידוש השם is very simple: It's a prat, a detail in those three aveirot and the mitzvah is to die by those three aveirot, which obviously would not fit what the Rebbe writes that there's two inyanim in מצות קידוש השם. So the Rebbe is not talking about the Chinuch. According to him, there is no other קידוש השם. Right. I mean there's like a a aspect of קידוש השם, but no, this that, right, אבל הלכה, this is קידוש השם. So like he says klomar, to die for קידוש השם for this, and the Chachamim explain for to die for certain mitzvot and said the Chachamim told us which of the mitzvot are they have the kabbalah. And this is fine. The Rambam doesn't mention that at all. The Rambam holds that the mitzvah of קידוש השם to us is Alright, okay. Alright, but the to means is to show that there is nobody that's our baal habayit besides the Oibershter. His words. That's קידוש השם: to show that there's nobody going to force us to do anything. No one's going to tell us to do, we are, that Hashem is the only baal habayit. Now therefore, therefore, how do we, what what do we have to do to perform it? By every aveirah we have to go to the furthest degree that, every mitzvah, not aveirah, but to the furthest degree of not allowing our baal habayit, anybody else to take over, but the Oibershter. And therefore, what we want, this is going to be the punchline, by these three aveirot, where the din is that you have to go on מסירת נפש, nothing to do with קידוש השם, that those aveirot have that halachah, so since the Torah says to go that far, so when you go that far, besides doing, keeping those three aveirot, not being over on those three aveirot, we're doing קידוש השם, because קידוש השם says nobody is in control to the end! Because of that, by all other aveiros, if the halacha would be that if I want, I could be over and not go on mesiras nefesh, if I want, I can go on mesiras nefesh, then who's the baal habayis over keeping those mitzvos? I am! The mitzvah of kiddush Hashem is to be over! The fact that Hashem wants, told us that you're allowed to be over cannot be left as a general rule to our decision, according to the Rambam. Because the whole concept of the mitzvah of kiddush Hashem means that we show that there is no baal habayis over us but the Oibershter. So, according to the Chinuch, it means only these three. Nevertheless, when you go on mesiras nefesh for these three, you have the mitzvah of kiddush Hashem too. So, that's

why the Chinuch counts it as a separate mitzvah. You see the Rasag, Rav Saadia Gaon, doesn't even count ונקדשתי as a separate mitzvah. It's understood, cuz he holds like the Chinuch, עד כדי כך that it's not even a separate mitzvah. There's nothing there but keeping these three. But the Chinuch says that it's part of those three, but you fulfill the mitzvah of ונקדשתי. But what is it, how do you fulfill a separate mitzvah? By doing something in connection to these three. But I hold it's a separate thing, like every mitzvah, every עבירה, שייך ונקדשתי. If you do it in a way that no one else is a baal habayis but you. That's the מקור of the Rambam, that by all other aveiros it's יעבור ואל ייהרג, that you're not allowed to get killed. The source of not being allowed to get killed is the mitzvah of ונקדשתי. Because if the Rambam is going to say like Tosafos that you're allowed to if you want and if you don't, don't, that means that this is, most of the mitzvos, most, if it would be a certain mitzvah, because every mitzvah has its rule. So here the mitzvah is that it's up to you. But if we're going to give a general rule of mitzvos that mitzvot are up to you whether you want to go on mesirat nefesh or not, then you're baal habayit! And the Rambam says there's no baal habayit. The Oibershter is the baal habayit, nobody else. And that's kiddush Hashem. If you learn like that, now let's look into the Rambam and read it. So I, there are many kushiyot here which you can answer, but I asked mainly two kushiyot here, and we'll see how they're answered. The Rambam doesn't say כל בית ישראל מצווין ליהרג על קידוש השם, because that's not the shita of the Rambam. The Rambam says the mitzvah is kiddush Hashem. The second kushya we asked, how can he say כיצד and he starts off by saying, how do you do kiddush Hashem, that by all other aveirot you must be עובר? And then the second halacha, second step he says, by by these three. So we asked a kushya, it makes no sense. He should have said כיצד, that by these three aveirot you have to get killed. No! The Rambam befeirush tells us befeirush not like that! The mitzvah is kiddush Hashem, meaning go to the end, whatever, every mitzvah according to what that mitzvah is. And therefore it's כיצד, by other aveirot you can't you can't choose what you want, 'I want, I'll get killed, if I want...' No choosing! The Oibershter told you what to do. The second halacha is another step. Now when we go back, we understand what the Rebbe says, cuz he's talking according to, seems to, there are two inyanim in the mitzvah of kiddush Hashem. There is one inyan that's part of those three, it's true, when you do those three when you get killed for those three aveirot, you also fulfill kiddush Hashem. But besides that, there is a mitzvah of kiddush Hashem in itself.

There is a mitzvah of kiddush Hashem which could be in many ways, not even through getting killed. There's a mitzvah of Kiddush Hashem like that. And that's what the Tzemach Tzedek meant when he said, 'there is no mitzvah of מסירת נפש. There is a mitzvah of Kiddush Hashem.' And Kiddush Hashem has no has no limit. Has no limit means wherever it means getting killed, get killed. Wherever it means not getting killed, don't get killed. Befeirush don't, not don't you don't have to, don't. There is no limit. You're not going to make any limits there. There is no limit. That's what he meant, and that's the pshat in the מסירת נפש. According to this, maybe we can come back to our Gemara and say that even though the Rambam holds, this is going to be a chidush in halachah, that even though the Rambam holds that wherever there's a din that you don't have to go on מסירת נפש, you're not allowed, that's only by most aveirot. As a general rule, like we said, you can't The Rambam holds as a general rule, you can't allow people to decide. But if it's an aveirah of one of those three, but for some side reason you don't have to go on מסירת נפש, the Rambam will admit that you're allowed to. Just repeat it again. There are generally two categories of this I'm sorry, no, not sorry, they're generally two

categories of this in in concerning this subject: the three aveirot and all other aveirot. And the and the halachah is, by these three עבירות, ייהרג ואל יעבור. By the other three עבירות, יעבור ואל ייהרג. You must be over, you can't be killed. Those are two categories. Now, what happens if you have an aveirah that's in the category of the three, but for some reason, you don't have to get killed, as an exception of one of those three aveirot? A technicality, like in our case, because it's a goy, because she's not doing a maaseh. She's still doing גילוי עריות, but there are certain side reasons, a technicality, why the Torah says you don't get killed. Because it's not in the category of the other aveirot, so it doesn't fall under וחי בהם. Where does the Rambam take that you have to get killed? Because you can't, it's not up to you. And if the Torah says וחי בהם, you can't choose whether it's going to be וחי בהם or not, the Eibershter will choose for you. So as long as it's the category of a וחי בהם, you have to do the aveirah. By these three aveirot, if it's in any one, anything in these three, it's not in the category of וחי בהם. So it's in the category of these three. And these three normally is ייהרג ואל יעבור. If for some reason it's not ייהרג ואל יעבור, what happens? To say you have to get killed, it's not ייהרג ואל יעבור. To say you're not allowed, you can't either, because it doesn't fall under the category of וחי בהם. So what happens to those? Even according to the Rambam, if you want you could, if not, not. So it's like a הידור ב... So in that in that in those few cases, the Rambam will admit to all the ראשונים you're allowed, but this Rambam holds you're never allowed, except these three. So the kashya what we asked in the beginning, we thought that the Rambam holds that whenever there is no חיוב of mesiras nefesh, there's an איסור of mesiras nefesh. I'm saying nothing. According to what we're explaining now is the reason why there's an איסור, not because it's a rule whenever there's no חיוב, it's an איסור, it's because like you can't say that there's that all all מצוות in the Torah, and the Torah says וחי בהם, and it's up to you to decide whether וחי בהם or not. You can't say that. And that's why the Rambam holds, if the Torah says וחי בהם, it means בדווקא וחי בהם, and you must live. But those things which are not in the category of וחי בהם, because it's not in that פסוק, on the other hand, it's in the those three, but on the other hand, there is no דין of חיוב of מיתה, so the Rambam holds you're allowed. And that's why here, even though here it's a case where you don't have to go on mesiras nefesh, the צנועות are allowed to go on mesiras nefesh. The case of the Gemara Gittin where these girls went on mesiras nefesh, they weren't The kashya was they're not allowed. Since it's in the category of גילוי עריות, and the the the בפועל they didn't have to, because they're girls in this and not a מעשה, whatever it is, even the Rambam holds they're

allowed. And that's why there the Gemara says that a בת קול came out and says that they're that they're שביה ואין פריצה. בת קול בת קול holds what? The Rambam? It is difference of opinion between... According to the other שיטות, the בת קול makes sense to begin with. But we had a problem according to the Rambam, we don't understand the bat kol. We're trying to say that since the Rambam also holds, according to the Rambam, he'll also be able to explain the bat kol, but in a case like this, it's an exception. I understand. Is this Rambam applicable in the case of the עשרה הרוגי מלכות? No, there There was no there was no aveirot involved. There they didn't give a choice. That's correct. I mean, those that went to I learned that in the Rambam because it says the Rambam I I brought that to another shiur, because there was a a אדם חשוב, אדם חשוב, he's allowed to even according to the Rambam to go on mesirut nefesh. Uh-huh. And what's the... They went to the in in public. And the next halacha in the Rambam is in public, if it's means like to go against the the dat, you're allowed. I mean, there are a lot of conditions here. Avraham Avinu with the ten uh what do you call? The ten trials, nisyonot, the the Eibershter knew how he was going to choose, and yet He put him to the test. And why? And b'foal, Rashi, and the Rambam, and the Ramban, and all the other ones, conflicting opinions, but more or less all agree, in order to show all generations of Jews how we have to How we have to choose. So there is a question of choice, when it comes that we could don't... Yeah, because a person has not he's allowed to choose. That's free choice. No, he free Yeah, he should choose. Because he choose to go that way, not just not Right. Because otherwise, he could choose to another mitzvot, he could choose not to. We're not talking about there he's able to choose. Halachically is it a choice? Is he halacha, according to halacha have a right to choose? Or we tell him, otherwise no one could force him. If he wants to choose to do aveirot, he could be choose to be frei. So we tell him choose to be to be frum. But the say So the question is

because the Rambam, what is the Rambam, his his view is that what is the mitzvah of kiddush Hashem? That's what it is. It's The whole purpose of this mitzvah is showing who's the boss. Right, right. And so if the So if it's one of the three, then how do you show who's the boss? The Eibershter said mesirut nefesh, the boss says mesirut nefesh. If the Eibershter said no mesirut nefesh, he's the boss again. What do you mean, \"I'm going to choose, I'd like to go on mesirut nefesh\"? Who are you to choose what you want? That's right, yeah. And that's how we show that the Eibershter... And therefore, these are the can these mitzvot and and they fall into the category of וחי בהם. Because there's a פסוק וחי בהם, So I can't choose to decide וחי בהם. But then what about, who is it, the Semag or whoever, just just lists the three, but he doesn't give There's no separate mitzvah of ונקדשתי. So he doesn't hold that there's He holds like the Chinuch, yeah. That ונקדשתי is only a פרט in those three aveirot. So we don't have a separate mitzvah. Right. Ah, okay, I understand. But the but the the Chinuch would say then But he holds there is a separate mitzvah. In other words, but it but the mitzvah itself is nothing but these three aveirot. That's when you go on mesirat nefesh for these three aveirot, you do two mitzvot. But there's nothing extra but these three aveirot. So the idea that the Rambam has about about about showing that that that Hashem is in control, that's not he wouldn't hold that that's really part of No, no, he wouldn't. That the Chinuch wouldn't and the Rasag wouldn't. At all. That's only