Jewish News

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As arrests of yeshivah bochurim over draft refusal continue across Eretz Yisrael, a prominent  posek has issued a p’sak addressing how a bochur should conduct himself at the moment he is taken into custody.

The psak was issued by Harav Moshe Brandsdorfer, who serves as Av Beis Din and head of Heichal Hora’ah in Yerushalayim. The she’eilah brought before him concerned whether a bochur being arrested could or should recite a special brachah “al Kiddush Hashem” at the moment of his apprehension.

After reviewing the relevant halachic sources, Harav Brandsdorfer ruled that the bochur should recite aloud: “Baruch Atah Hashem HaMekadeish Shemo B’Rabbim” — but without Shem U’Malchus, in keeping with the halachic principle of safek brachos l’hakeil, which calls to avoid making bonafide brachos in cases of doubt regarding whether a brachah is warranted.

The Rav further ruled that bystanders present at the scene of the arrest should respond: “Ashreicha shenifsasta al divrei Torah” — “You are fortunate to have been seized for words of Torah.” The formulation is drawn from the language of Chazal regarding Rebbe Akiva, who was arrested and ultimately executed by the Romans for the ‘crime’ of teaching Torah publicly.

The ruling implicitly draws a parallel between the current wave of arrests of bnei Torah in Eretz Yisrael and the historical mesiras nefesh of Rebbe Akiva and others who gave their lives rather than abandon Torah study.