Stage 3 · Yaʿqūb al-Qirqisānī (10th c.)

Kitāb al-Anwār wa'l-Marāqib: Discourse V · Ch. 25: The twenty-fifth chapter regarding “is it permitted to desecrate the sabbath to save lives or not?”

Discourse V: The Torah's Legal Commandments

Kitāb al-Anwār wa'l-Marāqib in the original Judeo-Arabic, with a working English translation by Eliyahu Freedman (working draft). Hover a phrase to see its English light up; tap any word for a gloss.

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Regarding what we stated previously that the more stringent commandment supersedes what is less stringent, what indicates and explains this view, since the prohibition of killing is above all the commandments, and this is from the perspective of logic and tradition together, since all of the commandments are less stringent than killing which supersedes all the commandments. However, a group of our companions demonstrate with their tongues the opposite of this, and what leads them to this is [innocence]. And if something happened to them which is likely not to cause death, perhaps they will do it in opposition to what they demonstrate. For they argue that one presented with a commandment such as the Sabbath, and with the fulfillment of this commandment he will lose his life, it is not permitted for him to abandon the commandment to stay alive but rather is obligated in the commandment’s fulfillment even if it takes his life.

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Amongst what disproves their view we already explained in our introductions regarding what is foundational for knowledge of the commandments that one who sees someone kill wrongly, and it is possible for him to save him and he does not save him, it is as if he killed him. And we proved this with various proofs including the verse to Ahav (1 Kings 21:19) “And thou shalt speak unto him, saying: Thus saith the LORD: Hast thou killed, and also taken possessions? and thou shalt speak unto him, saying: Thus saith the LORD: In the place where dogs licked the blood of Naboth shall dogs lick thy blood, even thine.'” And His verse (Proverbs 24:11) “Deliver them that are drawn unto death; and those that are ready to be slain wilt thou forbear to rescue?” etc... And we emphasized more than any of this His verse (Ezekiel 33:6) “But if the watchman see the sword come, and blow not the horn, and the people be not warned, and the sword do come, and take any person from among them, he is taken away in his iniquity, but his blood will I require at the watchman's hand” parallel to His verse (Genesis 9:5) “And surely your blood of your lives will I require; at the hand of every beast will I require it; and at the hand of man, even at the hand of every man's brother, will I require the life of man” and it says that he died by his sin, and that he requires his blood in two ways since he did not warm or alert them. And this is the most emphatic of the proofs for what we said, since if one who was not warned regarding murder is liable with his blood, one who it is possible to save someone and does not save him, is even more deserving of being liable. And nobody disagrees that it is forbidden for a person to kill themselves and we will explicate this with proofs subsequently. And one who allows himself to be killed, it is as if he kills himself. And it is forbidden to allow oneself to be killed, and when this is done his ruling is as one who killed. And if this is the case, saving a life and preventing one from facing danger is the most obligatory of the obligations and more stringent than any of them. And it is obligated to do work to save life on the Sabbath and not to allow killing to occur, which is more obligatory than fulfilling the Sabbath when that would cause killing to occur.

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And another perspective is that a person is permitted to kill one who is trying to kill him, since it says (Exodus 22:1) “If a thief be found breaking in, and be smitten so that he dieth, there shall be no bloodguiltiness for him” and it is permitted for one who runs into a thief in his home to kill him since he is not able to protect himself since the rest of the story proves this. And like this is the verse on Yoav (1 Kings 2:5) “Moreover thou knowest also what Joab the son of Zeruiah did unto me, even what he did to the two captains of the hosts of Israel, unto Abner the son of Ner and unto Amasa the son of Jether, whom he slew, and shed the blood of war in peace, and put the blood of war upon his girdle that was about his loins, and in his shoes that were on his feet” and this is because Avner killed Asael since he tried to kill him, and when Yoav killed him on his brother’s behalf, he is culpable for killing since he killed one who was not obligated to be killed. And this proves that one who seeks to kill a person, the one being sought is permitted to kill the seeker in order to save himself. And from this it is established that preserving one’s own life is above all the commandments and is the most obligatory of the obligations since it is permitted for him to kill another in order to preserve his own life. And if this is the case, preserving his life by means of desecrating the Sabbath is preferable, and there are many other proofs for this that we mention in our teaching of (Exodus 20:12) “Thou shalt not murder.”

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And the Rabbanites and Anan and Binyamin already agreed that Joshua, peace be upon him, surrounded the walls of Jericho on the Sabbath day, and in our view the matter is not like their view, and we will explain this subsequently. However regarding the Rabbanites, we already said that they argue that they violate the Sabbath to keep a child alive, and do not violate the Sabbath for the sake of David, King of Israel, because the child will keep many Sabbaths. Oh, glorious God, how clearly erroneous is this teaching, and how blind is the heart of who said it, since it is possible that the child will die one day later and not fulfill a single Sabbath, while David and the rest of the people and the elders may live many years and thus fulfill hundreds of Sabbaths. Just as they additionally contradict themselves with this teaching in other places, such as they argue in some of their teachings that if enemies head towards the houses of Israel to take from them straw, it is permitted to fight them on the Sabbath to prevent them from this. And from [their erroneous teachings is] their permitting to heal a person from illness and sickness in any way except for three things which are idolatry, murder, and sexual immorality, and from [their erroneous teachings is] their teaching that Joshua fought on the Sabbath.

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However, Binyamin argued that David, peace upon him, ran away on the Sabbath according to the verse (1 Samuel 21:7) “So the priest gave him holy bread; for there was no bread there but the showbread, that was taken from before the LORD, to put hot bread in the day when it was taken away” and that day was the Sabbath according to the verse (Leviticus 24:8) “Every sabbath day he shall set it in order before the LORD continually; it is from the children of Israel, an everlasting covenant” since the bread is not hot except in its time and that is the time he ran away according to the verse (1 Samuel 21:11) “And David arose, and fled that day for fear of Saul, and went to Achish the king of Gath.” And he made a clear error in this, since Scripture said (1 Samuel 21:7) “So the priest gave him holy bread; for there was no bread there but the showbread, that was taken from before the LORD, to put hot bread in the day when it was taken away” and taught that there was no bread other than that bread. And subsequently his words “to put hot bread in the day when it was taken away” does not teach that it was taken that day and replaced with new bread, but rather teaches us what is his responsibility to do if the bread is taken, and that when it is taken he puts a replacement of hot bread, and it is permitted that the bread after it is taken to remain on top of the table for two or three days until the end of the week.

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And what additionally nullifies Binyamin’s argument that it was the Sabbath day, if such were the case, Ahimelekh would have disapproved of this and we do not see his disapproval. And David, peace upon him, also did not inform him that he was running away and that Saul was seeking his life such that he forgive him, but rather tricked him to believe that he was passing by on behalf of Saul’s business according to the verse (1 Samuel 21:3) “And David said unto Ahimelech the priest: 'The king hath commanded me a business, and hath said unto me: Let no man know any thing of the business whereabout I send thee, and what I have commanded thee; and the young men have I appointed to such and such a place” and the rest of the story. And the most wondrous of this teaching is that he carried a weapon on the Sabbath, in other words (1 Samuel 21:10) “And the priest said: 'The sword of Goliath the Philistine, whom thou slewest in the vale of Elah, behold, it is here wrapped in a cloth behind the ephod; if thou wilt take that, take it; for there is no other save that here.' And David said: 'There is none like that; give it me.” And if he was running away on the Sabbath out of fear of being killed and carried a weapon, why? If this was the case because he was not safe that an enemy would meet him on his path, anyone who is unsafe with an enemy is permitted to violate the Sabbath. And this is also nullified since violating the Sabbath is only permitted when there is no doubt that if he does not violate it he will be destroyed without a doubt with a high degree of probability. And additionally if it was according to what he said, Ahimelekh would have disapproved strongly, but rather he led him to this. And let us assume that David, peace upon him, believed it permitted to take a weapon and carry it out of fear, how would Ahimelekh lead him to this, since it says (1 Samuel 21:10) “And David said: 'There is none like that; give it me”? And this also nullifies that it was the Sabbath, but rather it was Friday according to what we explained.

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And regarding the teaching of everyone that Joshua surrounded the walls of Jericho on the Sabbath according to the verse from Scripture (Joshua 6:3) “And ye shall compass the city, all the men of war, going about the city once. Thus shalt thou do six days” and His verse (Joshua 6:4) “And seven priests shall bear seven rams' horns before the ark; and the seventh day ye shall compass the city seven times, and the priests shall blow with the horns,” this too is nullified from the perspective that there was no rational necessity for this and the enemy did not come to them to fight them and thus make it permissible to fight them to save themselves. Rather, the whole people were inside at the time and the gates were locked for them with nobody entering or exiting as it says (Joshua 6:1) “Now Jericho was straitly shut up because of the children of Israel: none went out, and none came in.” And it is permitted to work on the Sabbath to save lives if there is something threatening present, but if it [the fear] begins from us without a reason that obligates it, that is impossible. And if one argues that they did this because they were not certain that if they sat and the enemy learned that they were sitting for the Sabbath they would exit and wage war against them, we say it was necessary for them to not start but rather to sit and watch and anticipate, and if they sensed something from them to rise against them with weapons since they were just a small group and villagers, while they were many, innumerable people.

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And the false interpretation of this verse from Scripture that ّI oppose amongst our companions is from their false assumption that these seven days are consecutive days. And this is not the case, but rather His verse of six days and seven days are to the occurrence of an event. And this is parallel to the dedications of the Heads of the Tribes in which it says first, second, third until twelfth and these are not consecutive days since the Sabbath interrupts them, since the purpose is that these dedications were whole offerings which are not permitted on the Sabbath. We learn from this that the verse’s seven days and eight and nine and ten and eleven and twelve are not consecutive but rather the seventh day to an action, and similarly the eighth and ninth and what follows this. And even more certain than this is the story of the children of Benjamin with the children of Israel since it says that they fought the first and second and third day, and the third was not the third consecutively but rather the third day of the war, since there was a gap between the second and third. And this is His verse that after the second day they came to God, blessed and exalted, and cried and fasted and asked “should we repeat or not” and he commanded them to return and promised to deliver the children of Benjamin into their hands. And it is correct that His verse third is the third merely to an action, not consecutively, and similarly the seventh of Joshua.

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And these two teachings, meaning the teaching of Binyamin regarding David running away on the Sabbath and the teaching of everyone that Joshua fought in war on the Sabbath, even if they emphasize what we say regarding the permissibility to violate the Sabbath in order to save lives, we do not strengthen our view with void arguments, since what is void cannot establish what is correct nor strengthen it. And what is correct is what we highlighted earlier and brought proofs for it. And what additionally proves this is the story of the raped betrothed woman in which it was possible for her not to allow herself something which could kill her. And since the prohibition of sexual immorality was less than taking a life, it was permitted to her to offer herself to sexual immorality and not offer herself to be killed. This is confirmed also by the husband of a concubine who is forced to deliver his wife to sexual immorality to prevent his own life being taken, since it says (Judges 20:5) “And the men of Gibeah rose against me, and beset the house round about upon me by night; me they thought to have slain, and my concubine they forced, and she is dead.” And if one argues that he was mistaken with this, say to him “how can one be mistaken who was just with his word on the entire town completely, and was killed by his words, along with seventy thousand men?” And is this any more than denying the truth?

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And if one opposes with the story of Hananya, Misha’el and Azarya, peace upon them, and their surrender to a fiery furnace and did not bow to the idols, and similarly Daniel, peace upon him, who surrendered himself to the tiger pit without stopping to pray, we say in response to this that Hananya, Misha’el and Azarya were summoned for idol worship and this is heresy towards the exalted Creator and one who denies the Creator, praised and exalted, and worships an idol has abandoned all the commandments. And we forbid sacrificing one’s life for commandments below the prohibition of murder, but heresy and worshiping idols are above all the obligations, even including all the commandments, thus it is preferable to surrender all the people’s lives and not commit heresy.

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And if one argues that heresy is just belief, and it was possible for them to appear externally to bow to what they were asked to save their lives, while believing the truth, we say that heresy is not merely belief, but rather it is obligatory for external appearance to match with the internal. And they were a loyal group to God, praised and exalted, and it was not permitted for them to appear to bow to the idols and have others imitate them who perhaps do not know the faith and thus allow this to themselves despite the humiliation of this towards the enemies and gentiles. However, a group of our companions answered with this story an argument that they were friends of God and were confident with no doubt or suspicion that the exalted God would not deliver them but rather would save them from that fire and from that enemy. And they attempt to prove this from their statement to him (Daniel 3:17) “If our God whom we serve is able to deliver us, He will deliver us from the burning fiery furnace, and out of thy hand, O king.” And if one argues that this verse reports that God is able to save them, and not a report that he has no choice but to save them, say to him they said two statements. Firstly, they said that God is capable of saving them with their statement “is able” and secondly they said that he will save them certainly and this is in their statement “and out of thy hand, O king.” And this reports certainly that he will save them from his hand, and this is also is also confirmed by what precedes it with the miracle that He showed them and this is the statement (Daniel 1:12) “'Try thy servants, I beseech thee, ten days; and let them give us pulse to eat, and water to drink” and it says at the end of the story (Daniel 1:15) “And at the end of ten days their countenances appeared fairer, and they were fatter in flesh, than all the youths that did eat of the king's food.” And this is an incredible proof and sublime sign that what Daniel reported occurred to them as He said. And he learned from this that he did not say that or report it, except out of complete trust. And if this occurred and was completed from the withholding of food, which is a lesser command than bowing to idols, their confidence from withholding from bowing to idols which is doubly as grievous was even stronger and more appropriate. And similarly is the teaching regarding Daniel’s prayer and his lack of attention to the King’s command.

English is a working draft — alignment is sentence-by-sentence.