A Woman Spy: Where Halacha and Bravery Meet

In the recent war with Iran, it emerged that a French Jewish journalist turned Israeli spy, Catherine Peretz-Shakdam, completed missions for the Mossad under the guise of an Islamic conversion. Her espionage missions, vital for Operation Rising Lion, necessitated her marrying an Iranian Shiite husband. How far can a female Jewish spy go to save the Jewish people? May she claim to have left Yiddishkeit? May she optionally engage in relations in order to recover lifesaving information? 

Certainly, on an individual level, the halacha is clear-cut. A woman may never engage in the three cardinal sins (murder, idolatry and adultery) even to save her own life. The Rambam¹ writes clearly that “If it is said to him: transgress [and you will live], or you will die, he must allow himself to be killed rather than transgress in cases of idolatry, forbidden relations, or murder.” Rav Gavriel Dayan² points out that this even applies to subcategories of these halachot such as yichud (seclusion). No version of these three aveirot is permitted for an individual.

However, when it comes to the nation as a whole, the halacha is not as straightforward. 

In the story of Yael and Sisera, Sisera was the commander of the powerful Canaanite army, boasting 900 iron chariots and afflicting the Jewish people for 20 years following the death of Ehud³. In the times of Devorah and Barak, Hashem confused the Canaanite army and they were forced to flee, leaving Sisera to seek security in Yael’s tent⁴. Yael took the opportunity to kill Sisera, feeding him flasks of milk to induce sleep and eventually stabbing him to death with a tent peg⁵. The Gemara⁶ tells us that at this time, Yael had relations with Sisera⁷, solely for the intent of saving the Jewish people from him, guaranteeing that he (and his threatening army) would fall into her hands. Although this sounds like a violation of the worst aveira, the Gemara⁸ praises Yael and brings the pasuk⁹ “Above women in the tent shall she [Yael] be blessed.” The Gemara explains these women in the tent are the Imahot. Certainly, Yael’s act was deemed wholly pure as she was compared to Sara, Rivka, Rachel and Leah. The Gemara¹⁰ calls her act an “aveira lishma”, a trangression for the sake of Heaven. It is clear from the sources that this act was indeed deemed Heavenly. 

A woman may never engage in the three cardinal sins (murder, idolatry and adultery) even to save her own life. The Rambam writes clearly that “If it is said to him: transgress [and you will live], or you will die, he must allow himself to be killed rather than transgress in cases of idolatry, forbidden relations, or murder.” Rav Gavriel Dayan points out that this even applies to subcategories of these halachot such as yichud (seclusion). No version of these three aveirot is permitted for an individual.

In Megilat Esther, although Esther is married off to Achashverosh against her will¹¹, she approaches him optionally for relations¹² in order to save the nation. A first explanation to counter this is provided by the Gemara¹³ which explains that Esther was completely passive and therefore did not fall under this category due to her lack of action. A second explanation brought in the Gemara is that Achashverosh was not acting to persecute Esther or encourage her to violate the Torah, but rather for his own pleasure. In such a case, one is not required to give up their life. Rav Yosef Kolon (Maharik)¹⁴ explains that because the act was done for the sake of the nation’s survival, it was not only not a sin, but necessary and praiseworthy. He points out that Hashem’s Shechina accompanied Esther to Achashverosh¹⁵ and this would not have been possible if it was a time of sin. 

Esther’s words, according to Rashi’s insights, were gloomy. “I will go the king contrary to the law, and if I perish, I perish.”¹⁶ Contrary to the law: against the King’s orders and significantly, violating the holy Torah of Hashem. This time Esther knew she would not be considered forced, but a willing sinner. If I perish, I perish: spiritually and physically, both to my father’s house and to you, as she knew she would lose Mordechai halachically as a husband if she went optionally to Achashverosh. Yet, despite these words of doom, Esther’s sacrifice was recognised as completely pure, perfect and desirable on High. 

There is debate about the application of Rav Yosef Kolon’s psak and whether this applies to a woman saving an individual Jew (or group) or only for the entire nation. In other words, if we could extend this psak to the case of Catherine Peretz-Shakdam. The Noda BeYehuda¹⁷ was strict and held that although it is possible that another individual (like Esther) could do this for the sake of the entire nation’s survival, it definitely could not apply in any other circumstance. Rav Kook explained in his Sefer, Mishpat Cohen¹⁸ that just as in the story of Yael and Sisera there was a horaat shaah, an urgent call to override the normative halacha for the sake of the nation, extreme situations in the future could require such an act, if it meant saving the entire people. However, the Noda BeYehuda believes this horaat shaah can only be called for by a Sanhedrin or even with ruach hakodesh (and not for instance, the Israeli government nowadays).

While one may argue that just as Esther and Yael saved the Jewish people in these ways, nowadays female IDF soldiers could disguise themselves as the enemy and marry them etc.  this is not a widely accepted psak. However, Rav Dayan notes that if a Jewish spy had to, for instance, feign Islamic identity, as in the case of Catherine Peretz-Shakdam, this would not transgress avoda zara because Islam is not a religion based on many gods. 

There are other halachic complications which arise, for example the question of the woman’s status. Can a woman who risked her life for the Jewish people in this way then remain married to her husband (even though she has opted to have relations outside of marriage) or is she prohibited to him even though the act is permitted? If she is considered anussa in halachic terms, she would be able to stay with him but this is subject to machloket. Practically speaking, for a woman to act as a spy or the like nowadays, it would be ideal to use a non-married woman to avoid this or at least a woman who obtains a get from her husband before she embarks on any missions. On a smaller scale, rulings like the Shevut Yaakov (2:117) have outlined cases where a group of robbers descended on a group of Jews and a woman was permitted to offer herself to the bandits to save the group. 

The Gemara’s words about Yael and Sisera perhaps summarise this complex, controversial topic best: an aveira lishma. It both clarifies the great confusion which could be caused by her act of giluy arayot – it was purely lishma, but also sometimes equips those who are misinformed – encouraging them to ‘elevate’ their aveirot for their own purposes. The concept of doing something wrong for a good cause can sadly be overapplied and misused, resulting in terrible sins. 

Rav Chaim Volzohiner wrote powerfully¹⁹ about the concept of aveira lishma from the teachings of his Rebbi, the great Vilna Gaon. “Since the giving of the Torah, no transgression is permissible, even with the best intentions. Since the giving of the Torah, we must not deviate from the slightest commandment of the Torah or the word of our Sages. We, the Children of Israel, have received clear rules, limits, commandments, and prohibitions.” Rav Chaim Volozhiner clarifies that Yael’s aveira lishma remains completely unique because her act saved the entire Jewish people, it was not merely an aveira with side benefits. 

We can both admire the women of our past who were able to use their Torah wisdom and complete purity from sin to ensure our nation’s survival together with exercising the greatest caution not to fall anywhere near these severe sins. For them, heroism meant fighting their instincts and knowing when breaking halacha was permissible. For us, heroism means keeping every single word of Torah, to the letter. 

1. Hilchot Yesodei Hatorah chap.5 halachot 1-2 ↩︎
2. From whom all these sources were collated: https://www.torah-box.com/question/mossad-femme-espion-et-relations-interdites_102913.html  ↩︎
3. Shoftim Chapter 4 v1-22 ↩︎
4. Who he perceived as safe as she was married to a Keni and the Kenites and Canaanites were allies ↩︎
5. To avoid the prohibition of using a male weapon  ↩︎
6. Nazir 23b ↩︎
7. As it says in the pasuk, Shoftim 5:27 “between her feet, he sunk” ↩︎
8. Nazir 23b ↩︎
9. Shoftim 5:24 ↩︎
10. Nazir 23b ↩︎
11. Esther 2:8 ↩︎
12. Rashi on Esther 4:13 ↩︎
13. Sanhedrin 74b ↩︎
14. “It is clearer than day that Esther committed no sin; there was not even a shadow of transgression in her act. On the contrary, she fulfilled a great mitzvah by saving all the people of Israel. The proof is that the Divine Spirit [Ruach HaKodesh] descended upon her at the very moment she went to the king. And it would be unthinkable to say that the Divine Spirit would rest upon someone through an unworthy action.” ↩︎
15. Rashi, Esther 5:1 ‘she clothed herself in royalty’  ↩︎
16. Esther 4:13 ↩︎
17. Yoreh Deah 161 ↩︎
18. 143-144 ↩︎
19. Keter Rosh, 132 ↩︎