Pesachim

and murder.1 Idolatry, as we have stated.2 Incest and murder, as it was taught: Rabbi said: For as when a man riseth against his neighbour, and slayeth him, even so is this matter.3 Now, what connection has a murderer with a betrothed maiden? Thus this comes to throw light, and is itself illumined.4 The murderer is compared to a betrothed maiden: just as a betrothed maiden must be saved [from dishonour] at the cost of his [her ravisher's] life, so [in the case of] a murderer, he [the victim] must be saved at the cost of his [the attacker's] life. Conversely, a betrothed maiden [is learned] from a murderer: just as [in the case of] murder, one must be slain rather than transgress, so a betrothed maiden must be slain yet not transgress.5 And how do we know it of murder itself?6 It is common sense. Even as one who came before Raba and said to him: The governor of my town has ordered me, ‘Go and kill So-and-so, if not, I will kill you.’ He answered him: ‘Let him kill you rather than that you should commit murder; what [reason] do you see [for thinking] that your blood is redder? Perhaps his blood is redder.’ 7 Mar son of R. Ashi found Rabina rubbing his daughter with undeveloped olives of ‘orlah.8 Said he to him: ‘Granted that the Rabbis ruled [thus]9 in time of danger; was it [likewise] ruled when there is no danger?’ ‘This inflammatory fever is also like a time of danger,’ he answered him. Others say, he answered him: ‘Am I then using it in the normal manner of its usage?’ It was stated: [As to forbidden] benefit that comes to a man against his will, — Abaye said: It is permitted; while Raba maintained: It is forbidden. Where it is possible [to avoid it], while he intends [to benefit], or if it is impossible [to avoid it], yet he intends [to benefit], none dispute that it is forbidden. If it is impossible [to avoid it], and he does not intend [to benefit], none dispute that it is permitted. They differ where it is possible [to avoid it] and he does not intend [to benefit]; now, on the view of R. Judah, who ruled, That which is unintended is forbidden,10 none dispute that it is forbidden. Where do they differ? On the view of R. Simeon, who maintained: That which is unintended is permitted. Abaye rules as R. Simeon. But Raba [argues]: R. Simeon rules thus only where it is impossible [to do otherwise], but not where it is possible. 11 Others state: If it is possible [to avoid it], and he does not intend [to benefit], that is [the case of] the controversy between R. Judah and R. Simeon.12 If it is impossible [to avoid it], and he does not intend [to benefit], none dispute that it is permitted. When do they differ? Where it is impossible [to avoid it] and he intends [to benefit]. Now, on the view of R. Simeon, who regards the intention,13 none dispute that it is forbidden. Where do they differ? On the view of R. Judah, who maintained: It makes no difference whether he intends or does not intend, if it is possible [to avoid it] it is forbidden. Abaye rules as R. Judah.14 illumined thereby. Sabbath, because it is needed in another part of the room. The dragging may make a rut in the earth, which is forbidden. Now in Abaye's view, R. Simeon permits the unintentional even when the whole act is avoidable, e.g., the bench is light enough to be carried. But in Raba's view R. Simeon permits it only when the bench is too heavy for this, so that the dragging is unavoidable. — An action is regarded as unavoidable when its purpose — here to have the bench elsewhere — is permissible or necessary. Similarly below, lecturing to the masses is regarded as unavoidable. unavoidable it is permitted.