Tosefta על שמות 22:1
Tosefta Shabbat
R. Aha said in the name of R. Akiva. Behold, it says: “If a thief is found tunneling in…” Is the house’s owner certain or uncertain? You must say he is uncertain. If they kill a person to save a life in a case of uncertainty, it is logical that they should push off the Sabbath, in order to save a life in a case of uncertainty. Behold, the commandments were only given to Israel that they might live by them, as it is written “Which a man shall perform and live by them” - he shall live by them, and not die by them. Nothing takes precedence over saving a life, save idolatry, sexual sins, and murder. In which circumstances are these things said? When it is not a time of persecution. But, when it is a time of persecution, even when it comes to the smallest of small commandments, a person should die for it, as it is written: “Do not profane my holy name” (Leviticus 22) and “the Lord made everything for his own sake” (Proverbs 16).
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