Rabbi Daniel Kirsch
Question
I currently live in Spain with my family, and it’s no secret that antisemitism in Europe has increased since October 7th. Living openly as Jews in Spain has become increasingly challenging. We avoid wearing anything identifiable as Jewish in public, but my personal rule has always been to answer truthfully if someone directly asks about our faith. Recently, for safety reasons, we’ve been considering not revealing our Jewish identity if asked. We’re uncomfortable with the idea of lying, but we also want to prioritize our security. What guidance does the Torah, Mishnah, or rabbinic teachings provide about concealing one’s Jewish identity to protect oneself and one’s family?
Answer
Shalom and blessings, It is permissible to avoid wearing or carrying anything that publicly identifies you as Jewish. If someone asks whether you are Jewish, you may avoid answering directly and instead say that you are simply Spanish citizens, or use another truthful description that will lead them to assume you are not Jewish, without explicitly stating that you are not Jewish. If there is no way to avoid the question, then in a case of pikuach nefesh (danger to life), you have authorities upon whom to rely to say that you are not Jewish. At this opportunity, we also encourage you to make aliyah to the Land of Israel, a mitzvah considered equal in importance to all the other mitzvot. Here, in our Holy Land, one can live proudly as a Jew without shame or fear. May you be blessed with much success! Sources and Further Discussion: The Shulchan Aruch (Yoreh De'ah 157:2) rules (based on the Rosh Avodah Zarah 2:4): "It is forbidden for a person to say that he is a gentile in order to avoid being killed. However, if, during a time of persecution, he merely changes his clothing so that people will not recognize him as Jewish, this is permitted, since he is not saying that he is a gentile." The Rema adds: "Although it is forbidden to say that one is a gentile, one may use an expression that can be understood in two different ways, such that the gentiles understand him to mean that he is a gentile while he intends a different meaning. Likewise, if he can mislead them into thinking he is a gentile, this is permitted. However, all of this is permitted only where there is danger to life. Where there is no danger—for example, wearing gentile clothing merely to avoid paying customs duties or for a similar purpose—it is forbidden." Thus, the halachah permits dressing like a gentile in a life-threatening situation but does not generally permit explicitly stating that one is an idolater. The Shach (157:19) writes that it became customary for merchants and travelers to wear gentile clothing because the roads were considered dangerous for Jews. He concludes that in his time all roads were presumed dangerous, and therefore this practice became widespread. Rabbi Yitzhak Isaac Herzog, the first Ashkenazi Chief Rabbi of the State of Israel, discussed the situation during the Holocaust in which Jews claimed to be Irish in order to escape the Nazis. He suggested that today there may not be the same prohibition against saying one is not Jewish, since many non-Jews are themselves secular and do not believe in idolatry. He writes (Heichal Yitzchak, Even HaEzer, vol. 2, no. 89): "To the best of my knowledge, they presented themselves as Irish, not specifically as Christians. An Irishman could certainly be someone who rejects idolatry; he simply does not belong to the Jewish people. Therefore, I am not certain that such a statement constitutes an admission of idolatry. The ruling of the Shulchan Aruch applied in earlier generations because every gentile then acknowledged idolatry, and if he did not, he would have been killed. Thus, by saying that he was a gentile, he was effectively acknowledging idolatry, as the persecutor understood it. This is not necessarily the case in our times." Rabbi Yitzchak Zilberstein in his book Chashukei Chemed (Avodah Zarah 19a), cites the Zikaron BaSefer (Yoreh De'ah 4), that it is permissible to say that one belongs to another nation, since this does not constitute any admission of idolatry; after all, one may simply be a non-Jew who observes the Seven Noahide Laws. However, the Chashukei Chemed continues by citing Rabbeinu Yonah (Sefer HaYirah), who writes: "Do not alter your speech as though you are not Jewish. Even if they tell you, 'You are a gentile,' say, 'I am a Jew.'" From this it appears that the prohibition is not limited to saying, "I am an idolater," but even extends to saying, "I am not Jewish." Rabbi Zilberstein suggests, however, that Rabbeinu Yonah may not have been referring to a case of danger to life. He further cites the Sefer HaChinuch (Mitzvah 25), who writes that a person must firmly establish in his heart the truth of God's existence, the Exodus from Egypt, and the giving of the Torah, and if questioned, must affirm these beliefs even under threat of death. This would seem to indicate that martyrdom is required not only regarding idolatry but also in affirming these fundamental beliefs. Rabbi Zilberstein concludes by citing his father-in-law, Rabbi Yosef Shalom Elyashiv: "From my revered father-in-law, Rabbi Yosef Shalom Elyashiv, I understood that the ruling prohibiting a person from saying he is a gentile in order to avoid being killed applies only where the persecutors seek to kill him unless he converts to their religion, as the Rosh explains: 'By saying he is a gentile, he acknowledges their religion and accepts their deity.' However, if a person enters a hospital in a place where Jews are hated, and in order to receive proper medical treatment he says that he is not Jewish, this is permitted in a case of pikuach nefesh, because they are not trying to make him abandon his religion." Rabbi Yitzhak Yosef, the former Sephardic Chief Rabbi of Israel, writes (Yalkut Yosef, Kitzur Shulchan Aruch 157:6): "A person traveling by airplane or ship among hostile gentiles may wear Arab clothing so that he will not be recognized as Jewish. This is only when he does not explicitly declare that he is a gentile, but merely allows others to mistake him because of his clothing. To deny one's religion and one's people is absolutely forbidden." I also asked Rabbi Avigdor Nebenzahl about this issue: "Question: If someone lives in Spain and fears revealing that he is Jewish because of the danger, may he say that he is not Jewish? Answer: He could say that he is Spanish or something similar. Question: Meaning he should use an expression that can be understood in two ways? Answer: Yes. Question: If he is asked directly whether he is Jewish or a gentile, and he cannot answer ambiguously, may he say that he is a gentile? Answer: Apparently not. He should come to the Land of Israel. Question: Regarding the obligation to make aliyah, is living in Israel an absolute obligation, or is it a voluntary mitzvah that one fulfills if he chooses to do so? Answer: You can see that it is impossible to live abroad. Therefore, one must come to the Land of Israel. Question: I understand. But regarding the previous question, is there an actual obligation to make aliyah? Answer: Yes. Apparently so. Thus are the words of Rabbi Avigdor Nebenzahl. [Regarding whether dwelling in the Land of Israel is an absolute obligation or a voluntary mitzvah: Some authorities maintain that every Jew is obligated to live in the Land of Israel, including Rabbi Avraham Shapira (Minchat Avraham, no. 44) and Rabbi Ovadia Yosef (Torah SheBe'al Peh, vol. 11; Massa Ovadia, p. 328). Others maintain that while living in the Land of Israel is an extraordinarily important mitzvah, it is not an absolute obligation. This view is found in Rabbi Moshe Feinstein (Igrot Moshe, Even HaEzer I:102) and Rabbi Asher Weiss (Minchat Asher, Bamidbar, no. 99, sec. 8), understands that this is the opinion of Maimonides)].
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