One Shabbat afternoon, shortly after a noted Talmid Hacham had been appointed Rav of Brisk, in Lithuania, a police official appeared at his home. He informed the Rav that one of the Jews being held in the local jail had been sentenced to death and that as the new official clergyman for the Jews in Brisk, he was obliged to come and say confession with the man. He went on to explain that official rules dictated that every man, regardless of his religion, be given the opportunity to speak with a clergyman of his faith one last time before his execution.
The Rav told the officer that he was sorry but he could neither comply nor go along with him. The officer was surprised by the refusal. "What do you mean you won't come?" snapped the officer. "Every clergyman always goes for the sake of the people of his faith. Why won't you go?"
“I Don’t Want to Be a Cause for His Death
The Rav explained, "You say that the law states that a man cannot be executed until he meets with his clergyman. Thus, as long as I don't go, he can't be put to death. I don't want to be a cause in his death, for once I go, I have, in essence, removed the last barrier to his execution."
The officer was at first intrigued by the Rav's reasoning, but he soon became outraged. But the more he argued, the more he realized that the Rav wouldn't budge from his position, so the officer went back to his headquarters.
Word of the Rav's refusal quickly spread through the town and soon a crowd gathered at his home. They wondered if he wasn't putting the Jews of the town in jeopardy, because his refusal to cooperate with the authorities would only antagonize them and add to the hatred they already had for the Jews. Some even criticized him for a lack of compassion, noting that he was a young and inexperienced man himself.
Later, a police lieutenant and a few underlings arrived at the Rav's home. He came straight to the point. "I demand that you come with me at once," he ordered. "We have business to take care of and we can't be bothered with your nonsensical reasoning. You are to return with me immediately."
Refused to Be Scared by the Lieutenant’s Threats
Not impressed by the lieutenant's bluster, the Rav explained calmly once again that according to his understanding, he could not go to say the confession, for he would not be even an indirect cause of a fellow Jew's death. The lieutenant threatened to drag the Rabbi to the jail and put him in the same cell with the prisoner. The Rav stood his ground and would not go. Some people tried to send the shul attendant to take the Rav's place, but the lieutenant would settle for nothing less than the Rav.
When he came back to headquarters, the lieutenant ordered that the death of the criminal be delayed until he received further instructions from higher authorities.
That night an envoy came from a higher court with an order stating that the Jewish "criminal" had been pardoned. Thus, a man's life was saved only because the new Brisker Rav refused to have any part, no matter how slight or indirect, in bringing about the death of a fellow Jew.