[Avodah] Hil Yesodei haTorah 5:4

[Shalom Carmy]

[An offshoot of an Areivim discussion that touched on this source,
and questioned whether it was actually in the original. -micha]

"If he can save himself and flee from the rule of wicked king and does
not do this, he is like a dog returning to his vomit and is considered a
deliberate idolator and is expelled from the world to come and descends
to the lowest level of Gehinom."

1. In the Frankel Rambam this addendum to Yesodei haTorah 5:4 is reported
as that of some printings and MSS.

Did the Rambam write this? All I can note is Rambam does not use the word
"Gehinom" anywhere else in the Mishne Torah, as far as I know, nor does
he speak of being "expelled from Olam haBa." To anyone who has studied
Hil Teshuva 8, this language is a bit suspicious.

2. Authenticity aside, what does this mean? In the body of the Halakha,
Rambam says that under certain circumstances one is obligated to give
up his life rather than transgress certain mitzvot. Such a person has
desecrated G-d's Name but does not incur punishment because he or she
did so under duress.

Now the addendum continues: If he can avoid violating the commandment
by escaping from the scene of coercion, but nevertheless remains there,
then he is like a dog returning to his vomit and so forth.

It is clear that, according to the addendum, a person who continues to
observe these mitzvot, despite the wicked government, is not obligated
to flee.

3. If the addendum is not the Rambam's, one may speculate on its
provenance. During the 16th century it became possible for Jews trapped
in the Iberian peninsula, who had adopted Christianity, to leave the
country. Many deferred leaving, thinking there would be enough time to
revert to Judaism later on, continuing to engage in Christian practice
in the meantime. (See Yerushalmi, From Spanish Court to Italian Ghetto,
inter alia). The author of the addendum may have wished to stress the
absolute obligation to flee at the earliest opportunity rather than
delay departure.

Whether this speculation is correct depends on the provenance of the MSS.