Sunday, July 16, 2017

halacha theory - Is a ban on government workers wearing religious symbols a gezeirat hamalchut for which one would be obligated to give up his life?


So, i haven't heard that anyone today is making this punishable by death, but still...


France has a law that prohibits government workers from wearing religious symbols on their job. This naturally includes the kippa. Quebec was also considering it (the article is from late 2013, i haven't seen anything newer).


According to the Rambam (Yesodei Hatorah 5), during "שעת השמד" - a time of destruction, when the ruler outlaws some Jewish practices, it is a mitzvah to be a martyr and not comply with it. (See also: Self-sacrifice in Jewish law on Wikipedia) I think i remember learning that this applies even to customs.


If the ban was actually so severe that you could be killed (and not just fired or fined), would this qualify for yehareg v'al yaavor - let him be killed and not transgress?



Answer



In Shulchan Aruch, Yoreh De'ah 157:1, the Ramma quotes a Beis Yoseif saying that shaas hashmad is only when the gizeira (decree) is specifically against Jews. The Shach there (#6) clarifies that if the gizeira is against the entire medina (country or jurisdiction), even though Jews are included, it is not called shaas hashmad.



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