On the attitude towards gentiles - with
sources
1. Killing gentiles and saving their lives
1.1) In principle, every person practicing idolatry (whether a gentile or a Jew) should be put to death by a court of law. Idolatry is attributing divinity to any object (physical or spiritual) other than the one and only G-d, whether this is done through ritual (such as prayer, offerings of incense, or the like) or by a mere statement of faith. Several contemporary religions, such as Hinduism, Buddhism, and Zoroastrianism, are undoubtedly considered idolatry. As for Christianity, there is a dispute among Halachic authorities, but the vast majority consider it idolatry as well. Islam, on the other hand, is not considered idolatry.
In a situation (such as we have now) where there is no Jewish court of law which can sentence people to death, to corporal punishment, or even to the fines prescribed by the Torah, and which therefore can not judge a man for the sin of idolatry: It is permissible (and even commanded) for anyone to kill idolatrous Jews (and those Jews, including atheists and agnostics, who publicly reject the divine authority of Halacha) anywhere and anytime it is possible. However, contemporary Halachic authorities have ruled that this law doesn't apply nowadays.
While there is no obligation to kill idolatrous gentiles (nor, in fact, any gentiles who don't obey the 7 Noachide commandments), it is nevertheless forbidden to save their lives. The exact Halachic status of a gentile who doesn't practice idolatry as defined above (and who also can be considered as fulfilling in practice the other Noachide commandments), yet who declares himself to be an atheist or agnostic is not entirely clear, though from some sources it appears that he too should be considered an idolater.
Sources:
Maimonides, Laws of Repentance chapter 3
Maimonides, Laws of Idolatry chapter 2
Maimonides, Laws of Kings chapter 8
Tosephta on Tractate Bava Metziah (Leiberman edition) 2:33
Maimonides, Laws of Murder and Saving Lives chapter 4
Maimonides, Laws of Apostates chapter 3
Maimonides Laws of Testimony 11:10
Tur Yoreh Deah 158
Beit Yosef Yoreh Deah 158
Shulchan Aruch Yoreh Deah 158
Shach Yoreh Deah 158
Chazon Ish, Yoreh Deah 13:16
Rabbi Abraham Isaac HaKohen Kook, Igrot Hara'ayah
Responsa Tzitz Eliezer part 8, section 15, pamphlet Meshivat Nafesh chapter 5
1.2) Killing a gentile (even an idolater, without a court hearing) in peaceful times is forbidden. (According to most opinions, during a war any person from the gentile enemy nations may be killed.) However, a Jew who murders a gentile (even in peaceful times and even intentionally) is not punishable by death in the human courts (under normal circumstances). According to some opinions he is not punishable at all (under normal circumstances) by the human courts. But a gentile who kills a Jew, even purely by accident and unintentionally, must be put to death.This applies to a ger toshav as well. There is a single opinion according to which a ger toshav who killed a Jew by accident is not put to death, but only goes into exile (like a Jew who killed by accident).
Sources:
Exodus 21:14
Mechilta d'Rabbi Yishmael on Mishpatim - Nezikin section, Mishpatim, parasha 4
Mechilta d'Rabbi Yishmael on Beshalach - Ubeshalach section, parasha 1
Mechilta d'Rabbi Shimon Bar Yochai chapter 21
Mishnah Tractate Sanhedrin 9:2
Tosephta to Tractate Avodah Zarah (Zuckermandel edition) 8:5
Babylonian Talmud Tractate Sanhedrin 57a
Babylonian Talmud Tractate Avodah Zarah 13b
Minor Tractates, Tractate Soferim 15:7
Maimonides, Laws of Murder and the Saving of Lives 1:1
Maimonides, Laws of Murder and the Saving of Lives chapter 2
Maimonides, Laws of Idolatry chapter 10
Tosphot on Tractate Avodah Zarah 26b
Beit Yosef Choshen Mishpat 425:5
Sefer Yeraim175 [older printing: 248]
The Raaban on Bava Kama 22
Meshech Chochmaon Leviticus 24:18
Maimonides, Laws of Murder and the Saving of Lives chapter 2
Mishna, Tractate Makkot 2:3
Maimonides Laws of Murder and the Saving of Lives 5:4
Minchat Chinuch commandment 34 --Do not kill the innocent -- section 1
Responsa Mishpatei Uziel volume 3, Orach Chayim 10
Sifrei Bamidbar piska 160
The commentary of Rabbi Hillel on Sifrei Bamidbar 160 (the portion of Maasei,
Numbers 35:12)
Gloss and explanations by an early Sephardic sage (attributed to R' Suliman Ohana, a
student of the Ari) on Sifrei Bamidbar 160 (the portion of Maasei, Numbers 35:12)
1.3) It is forbidden to save a gentile who is in mortal danger or cure him from a fatal condition, even for payment, unless there is a danger that a failure to do so will cause animosity towards Jews. According to one opinion it is permissible to save a gentile in mortal danger, but one doesn't have an obligation to do so. This law doesn't apply to a ger toshav, whom Jews have an obligation to sustain.
Sources:
Babylonian Talmud Tractate Avodah Zarah 26a
Babylonian Talmud Tractate Avodah Zarah 64b
Babylonian Talmud Tractate Pesachim 21b
Rashi on Tractate Pesachim 21b
Maimonides, Laws of Idolatry chapter 10
The Me'iri on Tractate Avodah Zarah 26a
Tur Yoreh Deah 158
Beit Yosef Yoreh Deah 158
Shulchan Aruch Choshen Mishpat 425:5
Shulchan Aruch Yoreh Deah 158:a
Shach Yoreh Deah 158
Responsa Mishpat Cohen (Matters of the Land of Israel) 58
Responsa Chatam Sofer part 2 (Yoreh Deah) 131
1.4) A Jew is forbidden to assist a gentile woman in labor. If a Jewish woman works as a midwife, she is obliged to assist in the childbirth to avoid antagonizing the gentiles, but only on a weekday and only for a fee. A Jewish woman is forbidden to breastfeed a gentile baby (except when this is vital to her own health). It is permitted to assist a ger toshav woman in labor (on a weekday) and to breastfeed a ger toshav baby.
Sources:
Babylonian Talmud Tractate Avodah Zarah 26a
Tur Yoreh Deah 154
Shulchan Aruch Yoreh Deah 154
Responsa Chatam Sofer part 2 (Yoreh Deah) 131
1.5) It is forbidden to desecrate the Shabbat to save the life of a gentile, unless there is a danger that a failure to do so will cause animosity. There are different opinions whether this law applies to a ger toshav.
Sources:
Mishnah, Tractate Yoma 8:7
Maimonides, Laws of the Sabbath, chapter 2
Me'iri on Tractate Yoma 84b
Shulchan Aruch Orach Chayim 329:2
Nishmat Avraham (Abraham S. Abraham) part 4, Orach Chayim 330:2
Nachmanides' gloss on Sefer HaMitzvot, shichichat ha'asin
The Tashbetz, Sefer Zohar HaRakiah,caveat 39
1.6) __A gentile woman in labor must not be given assistance on Shabbat, even if no Shabbat violation is involved. One is allowed to assist a ger toshav woman in labor on Shabbat, but only if no severe Shabbat violation is involved.
Sources:
Maimonides, Laws of the Sabbath 2:12
Tur Orach Chayim 330 (in the Complete Arbah Turim edition)
Beit Yosef Orach Chayim 330
Shulchan Aruch Orach Chayim 330:2
Mishnah Berurah 330:8
Biur Halacha 330
Knesset HaGedolah (R' Chaim Benveniste) Orach Chayim 330
Shulchan Aruch Harav (R' Shinuer Zalman of Lodi) Orach Chayim 330:2
1.7) Contemporary practical rulings regarding the previous items:
Today__a few Rabbinical authorities claim that the danger of provoking gentile animosity by not saving a gentile's life is so great that this consideration applies automatically in any case where there are witnesses (and according to some opinions even where there are no witnesses), and even on Shabbat. Therefore a Jew who encounters a gentile in danger in a place where there are witnesses (and according to some opinions even where there are no witnesses), and no other person has yet assisted the gentile, must save him, even when it involves violating the Shabbat.
However, a Jewish doctor must try to avoid a situation in which he will have to violate the Sabbath by treating gentiles. Therefore a Jewish doctor is forbidden to work in a hospital that serves only gentiles if he must work on Shabbat. Similarly, a Jewish doctor should use any legal means at his disposal to avoid working on Shabbat in a hospital with a mixed, mostly gentile, patient base; in a hospital with mostly Jewish patients he is not obligated to avoid working on Shabbat, but in any case, it is recommended that this sort of hospital employ gentile doctors to treat gentile patients on Shabbat.
Sources:
R' Moshe Sternbuch, B'shvilei B'Refuah 6 (5744) pp. 45-51 (and in Responsa
teshuvot
v'Hanhagot part 3, 357)
Responsa Igrot Moshe Orach Chayim 79
Responsa Yabiah Omer part 8 Orach Chayim 38
Responsa Be'er Moshe (R' Moshe the son of Abraham Stern) part 5 164:2
1.8) If a Jew is chasing a gentile in order to murder him, it is forbidden to kill the Jew in order to save the gentile, even if there is no other way to save the gentile's life. A person who kills the Jewish pursuer in order to save the gentile's life must be put to death. But if a gentile (or a Jew) is chasing a Jew in order to murder him, one must kill the pursuer in order to save the pursued person (if there is no other way to save his life). This law applies to a ger toshav as well.
Sources:
Minchat Chinuchcommandment 600
1.9) In a case where someone orders a Jew to kill some innocent person or else he will himself be killed: If the person he is ordered to kill is a Jew then he must not kill him,__even if it will result in his own death. If the person he is ordered to kill is a gentile, then it is permissible to kill him to save the life of the Jew in this situation).It appears that this law applies even if the person whom the Jew is ordered to kill is a ger toshav.
Sources:
Palestinian Talmud Tractate Shabbat chapter 14 14d
Maimonides, Laws of Torah Fundamentals 5:7
Rashi on Sanhedrin 74a
Amud HaYemini (R' Shaul Yisraeli) 16:8-9
Safra on Behar, parasha 5
HaTorah V'HaMitzvah (Malbim) on Safra on Behar parasha 5
1.10) If an animal owned by a Jew kills a Jew then the animal is killed and its owner is required to pay compensations to the family of the victim. But if an animal owned by a Jew kills a gentile, killing the animal is not required and its owner is not required to pay any indemnity. It appears this law applies even when the victim is a ger toshav. It is not clear what is to be done in a case where an animal owned by a gentile kills a Jew.
Sources:
Mishnah Tractate Bava Kama chapter 4
R' Ovadiah of Bartenura Tractate Bava Kama chapter 4
Tosephta on Tractate Bava Kama (Leiberman) 4:6
Maimonides, Laws of Financial Damages chapter 10
Lechem Mishnehon Laws of Financial Damages chapter 10
Minchat Chinuch, commandment 51, section 16
2. Robbing, cheating and returning lost items to
a gentile
2.1) According to some halachic sources, robbing and stealing from a gentile is permissible in principle, and forbidden only because (and when) there is a danger that it will cause the profaning of God’s name or that it may cause harm to Jews. Other sources disagree and claim that robbing and stealing from a gentile is forbidden in any situation. It appears that robbing and stealing from a ger toshav is forbidden by the Torah, according to all opinions.
Sources:
Sifrei Devarim, piska 344
Tosephta on Tractate Avodah Zarah (Zuckermandel) 8:5
Tosephta on Tractate Bava Kama (Leiberman) 10:15
Safra on Behar Sinai chapter 9
Babylonian Talmud Tractate Sanhedrin 57a
Rashi on Tractate Sanhedrin 57a
Babylonian Talmud Tractate Bava Metzia 111b
Babylonian Talmud Tractate Bava Kama 113a
Eliyahu Rabbah (Ish Shalom) parasha 16
Maimonides, Laws of Robbery and Loss 5:2
Maimonides, Laws of Theft 1:1
Novella of the Ran on Sanhedrin 57a
Palestinian Talmud Tractate Bava Kama chapter 4 4b
Tur Choshen Mishpat 348
Beit Yosef Choshen Mishpat 348
Shulchan Aruch Choshen Mishpat 348:2
Shulchan Aruch Choshen Mishpat 359:1
Shulchan Aruch Choshen Mishpat 28:1
Yam Shel Shlomo on Bava Kama 10:20
Maimonides, Laws of Robbery and Loss 6:7
Maimonides, Laws of Robbery and Loss 6:11
Shulchan Aruch Choshen Mishpat 370:3
2.2) In a commercial transaction, if a Jew charges an exorbitant price or conceals the low quality of the goods from a gentile customer he does not owe the gentile any compensation (as he would owe a Jewish customer). According to some opinions, it appears that this law is not applied to a ger toshav; it is forbidden to cheat him and therefore he must be compensated if he is cheated. In any case, it is clear that if a gentile charges an exorbitant price or conceals the low quality of the goods from a Jewish customer, he owes the Jew compensation.
Sources:
Babylonian Talmud Tractate Bechorot 13b
Maimonides, Laws of Sales 13:7
Tur Choshen Mishpat 227:30
Shulchan Aruch Choshen Mishpat 227:26
Minor Tractates, Tractate Gerim chapter 3
Palestinian Talmud Tractate Yevamot chapter 8 8d:1
2.3) When a Jew owes money to a gentile who has passed away, the Jew is not obliged to repay the debt to the heirs, provided the latter do not know about the debt. If the heirs ask the Jew whether he owed money to the deceased, it is even permissible to lie to them and deny the debt (provided the Jew knows for sure that they do not know about the debt, so that the name of G-d will not be profaned by his lie).
Sources:
Shulchan Aruch Choshen Mishpat 283:1
Kitzur Shulchan Aruch 182:4 (uncensored edition included on the DBS version 9 CD)
2.4) In a commercial transaction, if a gentile makes a mistake in a Jew's favor (for example, if he gives back extra change), the money does not have to be returned to him, though it would to a Jew who made a similar mistake. Some commentators even say that a gentile may be actively and intentionally misled and deceived during a commercial transaction, provided he does not notice (and therefore God’s name is not profaned). Others disagree and say that a Jew may only passively benefit from a gentile's mistake, but may not actively and intentionally mislead him.
Sources:
Babylonian Talmud Tractate Bava Kama 113b
Rashi on Tractate Bava Lama 113b
Tur Choshen Mishpat 348
Maimonides, Laws of Robbery and Loss 11:4
Maimonides, Laws of Sales 18:1
Shulchan Aruch Choshen Mishpat 348:2
Responsa of Maharsham, part 5 41
2.5) According to most opinions if a gentile loses something, it is forbidden to return it to him. Considerations such as compassion or sympathy for his loss do not make the return permissible. But if a Jew who found the lost item presumes that its return will glorify the name of G-d (for as a result the gentiles will glorify the Jewish people and their religion) it is permissible and even a commandment to return it to a gentile. However, if there is a danger that not returning it will cause the profanation of G-d’s name or may cause harm to Jews, then it must be returned to the gentile.
Sources:
Babylonian Talmud Tractate Bava Kama 113b
Babylonian Talmud Tractate Sanhedrin 76b
Mishnah Tractate Machshirin 2:8
Maimonides, Laws of Robbery and Loss 11:3
Shulchan Aruch Choshen Mishpat 266
Yam Shel Shlomo on Bava Kama 10:20
Palestinian Talmud Bava Metzia chapter 2 8c:5
Tur Choshen Mishpat 266
Beit Yosef Choshen Mishpat 266
Mechilta d'Rabbi Yishmael Mishpatim dkaspa section, Mishpatim parasha
20
3. Business relations
3.1) It is forbidden for a Jew to consume some food products made by a gentile (even where there are no equivalent products made by Jews): wine, most milk products, and most kinds of food cooked or roasted by a gentile. This law applies to a ger toshav as well.
Sources:
Maimonides, Laws of Forbidden Foods chapter 11
Shulchan Aruch Yoreh Deah 123
Shulchan Aruch Yoreh Deah 124
Shulchan Aruch Yoreh Deah 115
Maimonides Yad HaChazakah, Laws of Forbidden Foods chapter 17
Shulchan Aruch Yoreh Deah 113
3.2) According to some opinions, it is forbidden to buy bread from a gentile baker even where there is no Jewish baker. Others permit buying bread from a gentile baker, but only where there is no Jewish baker. And some permit buying bread from a gentile baker even where there is a Jewish baker.
Sources:
Maimonides Laws of Forbidden Foods 17:12
Shulchan Aruch Yoreh Deah 112
3.3) In all business transactions - purchase and sale, hiring, lending money etc. - a Jew must be given precedence over a gentile, even when this causes minor financial losses.
Sources:
Sefer HaChinuch commandment 337
Responsa of the Rama 10
Responsa Piksei Uziel B'Sheelot HaZman 48
Responsa Ateret Paz part 1, volume 3 Choshen Mishpat 10
Medrash Tanchuma (Warsaw) on the portion of Vayikra 6
Maimonides, Laws of Loaning and Borrowing 5:7
3.4) According to one opinion, it’s a special Torah commandment to take high interest on loans to a gentile. Also according to this same opinion, one mustn’t forgive the debt of a gentile or postpone its payment date. Others also prohibit lending money without interest to a gentile but do not see this prohibition as a special commandment [whereas it is forbidden to lend money with interest to (or borrow from) a Jew]. According to some opinions, in some conditions where lending money to a gentile may cause affinity between him and the Jew and cause the Jew to be influenced by the ways of the gentiles, it is forbidden to lend money to a gentile altogether. With regard to a ger toshav: according to all opinions it is permitted to lend him money at interest.
Sources:
Deuteronomy 23
Sifrei Devarim piska 263
Mishnah Tractate Bava Metzia 5:6
Babylonian Talmud Tractate Bava Metzia 70b
Tosephot on Tractate Bava Metzia 70b
Tosephot HaRosh on Tractate Bava Metzia 70b
Nachmanides' Novella on Tractate Bava Metzia 70b
Hagahot Ashrei on Tractate Moed Katan 1:24
Maimonides' Sefer HaMitzvot, positive commandment
Nachmanides' Glosses on Sefer HaMitzvot root 6
Maimonides, Laws of Loaning and Borrowing chapter 5
Me'iri on Tractate Bava Metzia 71a
The Ran's Novella on Bava Metzia 70b
Shulchan Aruch Yireh Deah 258
Responsa of the Rabbaz manuscript -- Orach Chayim, Yoreh Deah (part 8) 228
Sefer HaChinuch commandment 573
Minchat Chinuch commandment 573 section (3)
Deuteronomy 15:3
Sifrei Devarim Piska 113
Maimonides, Laws of Loaning and Borrowing 1:2
Sefer HaChinuch commandment 476
Minchat Chinuch commandment 476, sections 2-3
3.5) __According to some opinions it is permissible to delay the wages of a gentile. According to other opinions it may not be permissible. It is forbidden to delay the payment of the wages of a ger toshav, but the prohibition is less severe than that of delaying a Jew's wages.
Sources:
Babylonian Talmud Tractate Bava Metzia 111a
Babylonian Talmud Tractate Sanhedrin 57a
Minor Tractates Tractate Gerim chapter 3
Palestinian Talmud Tractate Yevamot chapter 8
Babylonian Talmud Tractate Bava Metzia 111a
Babylonian Talmud Tractate Bava Kama 113a
Maimonides, Laws of Rentals chapter 11
Maimonides, Laws of Robbery and Loss 1:2
3.6) A gentile doesn’t inherit from his Jewish father (for example, when the father converted after the son was born or the son is the child of a Jew from a gentile woman).
Sources:
Maimonides, Laws of Estates 1:7
Maimonides, Laws of Estates 2:12
Maimonides, Laws of Estates 6:10
Maimonides, Laws of Winning and Gifts 1:6
Maimonides, Laws of Winning and Gifts chapter 9
Tur Choshen Mishpat 256
Shulchan Aruch Choshen Mishpat 256
Shulchan Aruch Choshen Mishpat 275:1
4. The place of gentiles in Jewish political and judicial systems
4.1) A gentile (and even a convert to Judaism) cannot be appointed to the throne or to any other executive governmental position over Jews. A gentile cannot be a judge in a Jewish court of law. Even a convert to Judaism cannot serve as a judge in cases that may result in capital punishment, and according to most opinions a convert cannot judge Jews from birth, even in cases regarding financial matters. (He may, according to all opinions, judge other converts on financial matters.)
Sources:
Deuteronomy 17:15
Sifrei Devarim piska 157
Babylonian Talmud Tractate Kiddushin 76b
Rashi on Tractate Kiddushin 76b
Babylonian Talmud Tractate Yevamot 102a
Rashi on Tractate Yevamot 102a
Babylonian Talmud Tractate Sanhedrin 36b
Tosaphot Tractate Sanhedrin 36b
Me'iri on Tractate Kiddushin 76b
Tosaphot on Tractate Yevamot 45b
Maimonides, Laws of Kings 1:4
Maimonides, Laws of Sanhedrin 2:9
Maimonides, Laws of Sanhedrin 11:11
Sefer HaChinuch commandment 498
Tur Choshen Mishpat 7
Shulchan Aruch Choshen Mishpat 7:1
4.2) A gentile is not considered a valid witness in a Jewish court of law. This applies to a ger toshav as well.
Sources:
Shulchan Aruch Choshen Mishpat 34:19
4.3) Even a convert to Judaism is not allowed to bear witness concerning anything that happened prior to his conversion.
Sources:
Shulchan Aruch Choshen Mishpat 35:7
4.4) A gentile, as opposed to a Jew, can be easily sentenced to death in a court of law. This can be done by a single judge, based on the testimony of a single witness or on the defendant’s own addmission, with no prior warning, even if the witness is a relative [of either the judge or the victim]. This applies to a ger toshav as well. According to one opinion, if a Jew sees a gentile transgressing any of the Noachide commandments he can kill the gentile on the spot without bringing him to court, but most opinions disagree and say that even a gentile can be sentenced to death only ina court of law.
Sources:
Babylonian Talmud Tractate Sanhedrin 57b
Maimonides, Laws of Kings 9:14
Sefer HaChinuch commandment 26
Hagahot Ashrei on Tractate Avodah Zarah 5:5
Minchat Chinuch commandment 409 section 5
Tosaphot on Tractate Avodah Zarah 64b
HaEmek She'elah on Shealitot d'Rabbi Achai (The Netziv of Volozhin),
query 1, pp.
16-17
4.5) In a lawsuit between a Jew and a gentile, the legal process is as follows: If non-Jewish laws benefit the Jewish party, the ruling is based on them, and the gentiles are told "Such are your own laws!" However, when the Jewish party benefits more from Jewish laws, the ruling is made accordingly, and the gentiles are told "Such are our laws." It seems that this law does not apply to a ger toshav, who is always judged according to the non-Jewish laws - even if they benefit him.
Sources:
Babylonian Talmud Tractate Bava Kama 113a
Maimonides Commentary on the Mishnah, Tractate Bava Kama 4:3
Maimonides, Laws of Kings 10:12
4.6) If an animal owned by a Jew damages a gentile's property, the Jew is not required to pay any indemnity. But when an animal owned by a gentile damages a Jew's property, the gentile is obliged to pay full compensation. According to some opinions this law applies to a ger toshav as well; according to other opinions itdoesn't apply to a ger toshav.
Sources:
Mechilta d'Rabbi Yishmael on Mishpatim -- Nezekim section, Mishpatim parasha 12
Mechilta d'Rabbi Shimon Bar Yochai chapter 21
Mishnah Tractate Bava Kama 4:3
Babylonian Talmud Tractate Bava Kama 38a
Palestinian Talmud Tractate Bava Kama chapter 4 4b
Maimonides, Laws of Monetary Damages 8:5
Tur Choshen Mishpat 406:1
Me'iri on Tractate Bava Kama 37b
Tosephta on Tractate Bava Kama (Leiberman) 4:2
Minchat Chinuch commandment 51, section 8
4.7) A gentile (including a ger toshav) who robs or steals from a Jew (or anyone else) must be sentenced to death, whereas a Jew who robs or steals from a gentile (or a Jew) is never sentenced to death. A Jew who steals from a gentile (including a gertoshav) must pay back only the sum that he stole, whereas a Jew who steals from a Jew must pay back at least twice the sum he stole.
Sources:
Maimonuides, Laws of Kings 9:9
Mechilta d'Rabbi Shimon bar Yochai 22:8
Maimonides, Laws of Theft 2:1
Minchat Chinuch commandment 54
4.8) The death penalty may be imposed on one (Jew or gentile) who abducts a Jew, but not on a Jew who abducts a gentile.
Sources:
Deuteronomy 24:7
Sifrei Devarim piska 273
Maimonides, Laws of Theft chapter 9
5. Gentile culture
5.1) The gentiles mustn’t found a new religion and invent their own commandments. The only religious options they have are to obey the Noachide commands or convert to Judaism.
Sources:
Maimonides, Laws of Kings 10:9
Me'iri on Tractate Sanhedrin 59a
5.2) A gentile must not observe the Shabbat, and he also must not establish for himself a religious festival or a religious day of rest. If he does he is to be beaten in punishment (and according to one opinion he is to be executed in punishment). According to one opinion he must not even establish for himself a secular day of rest or intentionally rest for a whole day. According to most opinions this applies to a ger toshav as well.
Sources:
Babylonian Talmud Tractate Sanhedrin 58b
Rashi on Tractate Sanhedrin 58b
Maimonides, Laws of Kings 10:9
Novella of the Ran on Sanhedrin 56b
Mechilta d'Rabbi Yishmael on Yitro d'bchodesh section, Yitro parasha 7
Babylonian Talmud Tractate Yevamot 48b
Rashi on Tractate Yevamot 48b
Tosaphot on Tractate Yevamot 48b
Nachmanides' Novella on Tractate Yevamot 48b
Ritva on the Babylonian Talmud Tractate Yevamot 48b
Rashba's Novella on Tractate Yevamot 48b
Me'iri on Tractate Yevamot 48b
Babylonian Talmud Tractate Keritot 9a
5.3) A gentile must not study the Torah. If he does he is to be beaten in punishment. This applies to a ger toshav as well.
Sources:
Babylonian Talmud Tractate Sanhedrin 59a
Maimonides, Laws of Kings 10:9
Ran's Novella on Sanhedrin 58b
Responsa Igrot Moshe Yoreh Deah part 3, section 90
Responsa Yabia Omer part 2 Yoreh Deah section 17
6. Emotional and social attitude towards
gentiles
6.1) A Jew passing gentile graves or seeing a multitude of gentiles must declare: "Your mother shall be sore confounded; she that bare you shall be ashamed: behold, the hindermost of the nations shall be a wilderness, a dry land, and a desert" (Jeremiah 50:12). A Jew passing a church (and according to one opinion any gentile residence) must say: "The Lord will destroy the house of the proud" (Proverbs 15:25).
Sources:
Babylonian Talmud Tractate Berachot 58b
Maimonides, Laws of Blessings 10:11
Maimonides, Laws of Blessings 10:19
Tur Orach Chayim 224
Shulchan Aruch Orach Chayim 224
magen Avraham Orach Chayim 224:9
Mishnah Berurah 224:15
6.2) The injunction against harboring hatred in one’s heart applies solely to Jews.
Sources:
Maimonides, Laws of Mindsets 6:5
Maimonides' Sefer HaMitzvot prohibition 302
Sefer HaChinuch commandment 328
6.3) A Jew is not required to mourn (e.g. sit shiva) for his gentile brother, sister (that is, the offspring of his father from a gentile woman), son, or daughter (that is, his offspring from a gentile woman). A proselyte doesn't have to mourn over his gentile
mother and father.
Sources:
Maimonides, Laws of Mourning 2:3
Shulchan Aruch Yoreh Deah 374
6.4) In respect to a gentile, the law permits revenge and rancor. Similarly, the commandment "Love thy fellow as thyself" does not apply to gentiles.
Sources:
Leviticus 19:18
Safra Kedoshim parasha 2 (chapter 4)
Maimonides, Laws of Mindsets chapter 7
Maimonides' Sefer HaMitzvot positive commandment 206 (Rabbi Qappah edition)
Maimonides, Laws of Mindsets 6:3
6.5) The injunction against slander applies only in respect to slandering a Jew.
Sources:
Leviticus 19:16
Chofetz Chaim,Laws of the Prohibitions against Gossip rule 8
6.6) It is forbidden to give a gift to a gentile unless one is familiar with him and can therefore expect to get favors in return. This law does not apply to gifts given to an unfamiliar ger toshav - it is permissible to give him a gift unconditionally.
Sources:
Babylonian Talmud Tractate Avodah Zarah 20a
Maimonides, Laws of Idolatry 10:4
Maimonides, Laws of Winning and Gifts 9:10
Tur Choshen Mishpat 249
Beit Yosef Choshen Mishpat 249
Tur Choshen Mishpat 256
Sefer Meor Eiynayim on Tur Choshen Mishpat 256
Shulchan Aruch Choshen Mishpat 249:2
Shulchan Aruch Yoreh Deah 151:11
Shulchan Aruch Choshen Mishpat 256:3
Shach Yoreh Deah 151:18
6.7) It is forbidden to praise or bless a gentile.
Sources:
Magen Avraham Orach Chayim 189:1
Babylonian Talmud Tractate Avodah Zarah 20a
Maimonides, Laws of Idolatry 10:4
Tur Yoreh Deah 151
Shulchan Aruch Yoreh Deah 151:13-14
6.8) It is forbidden to sell real estate to a gentile in the Land of Israel. Some kinds of real estate are not even to be rented to a gentile in the Land of Israel. This law does not preclude transactions between a Jew and a ger toshav. According to a certain opinion, when the political situation allows it the Jews mustn’t even let a gentile pass through our land on his way elsewhere unless he is a Ger-Toshav.
Sources:
Palestinian Talmud Tractate Avodah Zarah chapter 1 40a:9
Maimonides' Sefer HaMitzvot prohibition 51
Maimonides, Laws of Idolatry chapter 10
Shulchan Aruch Yoreh Deah 151
Responsa Mishpat Cohen (Matters of the Land of Israel) 58
6.9) A Jew must not take charity from a gentile in public, for this would be considered an embarrassment and would cause the profanation of G-d’s name. A Jew may take charity from a gentile in public only if he cannot get any charity either from a Jew (in public or in private) or from a gentile in private.
Sources:
Babylonian Talmud Tractate Bava Batra 10b
Rashi on Tractate Bava Batra 10b
Babylonian Talmud Tractate Sanhedrin 26b
Rashi on Tractate Sanhedrin 26b
Tosphot on Tractate Sanhedrin 26b
Maimonides, Laws of Gifts to the Poor 8:9
Maimonides, Laws of Testimony 11:5
Tur Yoreh Deah 254
Shulchan Aruch Yoreh Deah 254
6.10) A Jew must pray every day "Blessed be the Lord for not making me a gentile."
Sources:
Tosephta on Tractate Berachot (Leiberman) 6:18
Palestinian Talmud Tractate Berachot chapter 9, halacha 1
Responsa HaAleph Lecha Shlomo Orach Chayim 34
6.11) A Jew and a gentile mustn’t be buried side by side, even if the gentile is a gertoshav. If a Jew was buried next to a gentile it is permissible to take the Jew’s body out of his grave and reinter it, even if the new grave is by the side of a secular Jew.
Sources:
Babylonian Talmud Tractate Gittin 61a
Rashi on Tractate Gittin 61a
Ran's Novella on Gittin 61a
Ritva on Tractate Gittin 61a
Torat HeAdam (Nachmanides) Matters of Burial s.v. (36) baperek
Tur Yoreh Deah 367
Beit Yosef Yoreh Deah 367
Pitchei Teshuva Yoreh Deah 336:1
Responsa Chayim B'yad 98
Responsa Daat Cohen (Issues in Yoreh Deah) 201
Responsa Igrot Moshe Yoreh Deah part 3 146
Responsa Igrot MosheYoreh Deah part 3 147
Responsa Tzitz Eliezer part 15 36
7. Psychological Profile of the
Gentiles
7.1) According to some sources, cruelty and vengefulness exist only amongst the gentiles.
Sources:
Babylonian Talmud Tractate Beitza 32b
Maimonides, Laws of Repentance 2:10
Rashi on II Samuel 21:2
Maimonides, Laws of Gifts to the Poor 10:2
Maimonides, Laws of Forbidden Sexual relations 19:17
Maimonides, Laqws of Slaves 9:8
Shulchan Aruch Even HaEzer 2:2
Sefer Kitzur Shulchan Aruch 131 Laws of the Eve of Yom Kippur
7.2) Early Halachic sources say that gentiles are suspected of a predeliction to murder, and therefore one must take certain precautions when associating with them. For example, it is forbidden to stay alone with a gentile, it is forbidden to get a haircut from a gentile barber except under certain conditions, etc. Later Halachic sources claim that this suspicion doesn't apply in general these days.
Sources:
Mishnah Tractate Avodah Zara chapter
Maimonides, Laws of Murder and the Saving of Lives chapter 12
Maimonides, Laws of Murder and the Saving of Lives chapter 9
Tur Yoreh Deah 153
Shulchan Aruch Yoreh Deah 153
Shulchan Aruch Orach Chayim 20:2
Mishnah Berurah 20:7
Ritva on Tractate Avidah Zarah 26a
Kitzur Shulchan Aruch 167 (uncensored edition included on the DBS version 9 CD)
Me'iri on Tractate Avodah Zarah 15b
7.3) Many Halachic sources before the era of the Shulchan Aruch say that gentiles are suspected of having sexual intercourse with animals, and therefore a Jew must not leave his livestock in their care. Later Halachic sources claim that this suspicion doesn't apply today, since today gentile societies also consider bestiality an abomination.
Sources:
Michnah Tractate Avodah Zarah 2:1
Tosephta on Tractate Avodah Zarah (Zuckermandel) 3:2
Babylonian Talmud Tractate Avodah Zarah 22b
Palestinian Talmud Tractate Avodah Zarah 2:1
Tosephot on Tractate Avodah Zarah 22a
Maimonides, Laws of Forbidden Sexual Relations chapter 22
Tur Even HaEzer 24
Beit Yosef Even HaEzer 24
Shulchan Aruch Even HaEzer 24:1
Tur Yoreh Deah 153 -- Laws of what to be careful of when dealing with gentiles, their laws and remedies
Shulchan Aruch Yoreh Deah 153:a
Me'iri on Tractate Avodah Zarah 22a
8. Miscellaneous
8.1) A Jewish slave owner was allowed to compel his Hebrew slave (if the slave was sold by a court of law on account of his being a thief and if the slave already had a wife and children) to have intercourse with the owner’s gentile female slave in order to increase the number of his gentile slaves.
Sources:
Exodus 21:4
Babylonian Talmud Tractate Kiddushin 15a
Maimonides, Laws of Slaves chapter 3
Me'iri on Tractate Kiddushin 15a
8.2) According to certain sources, a Jew is permitted to convert a found gentile boy into a gentile slave.
Sources:
Palestinian Talmud Tractate Yevamot 8:1
Maimonides, Laws of Slaves 8:20
8.3) It is forbidden to free a gentile slave, unless this is neccesary to enable the fulfilment of a mitzva (such as completing a minyan) or if the slave was injured in an irreversible manner in one of certain important organs.
Sources:
Leviticus 25:46
Babylonian Talmud Tractate Gittin 38b
Rashi on Tractate Gittin 38b
Maimonides' Sefer HaMitzvotpositive commandment 235
Maimonides, Laws of Slaves 9:6
Sefer HaChinuch commandment 347
Shulchan Aruch Yoreh Deah 267:79
8.S) According to one opinion, a gentile woman who had a sexual relations with a Jewish man is sentenced to death, as is the case when a Jew has sexual relations with an animal (the animal is killed because it enabled a Jew to sin, even though it is not a sin for the animal itself). Other commentators reject this comparison and therefore the woman is not sentenced to death. In any case, the Jewish man who had sexual relations with a gentile woman is not sentenced to death in court, but if he committed the act in public, he may be killed during its commission. (Similarly, a gentile man who had sexual relations with an unmarried Jewish woman is not sentenced to death.)
Sources:
Maimonides Mishneh Torah, Laws of Forbidden Sexual Relations 12:10
magid Mishneh on Laws of Forbidden Sexual Relations 12:10
Sefer HaChinuch commandment 427
Responsa of the Radbaz part 6 2133
Me'iri on Tractate Avodah Zarah 36b
Mishnah Tractate Sanhedrin 9:6
Maimonides, Laws of Forbidden Sexual Relations chapter 12
Or HaChayim on Numbers 25:8
8.5) According to most opinions, during a war against gentiles a Jewish man was allowed to have sexual intercourse with a gentile captive woman (though only once), even if she was married and even against her will. According to some opinions it seems that he was not allowed to have sexual intercourse with a captive gentile woman at all before he married her. In either case he could marry her only if she converted to Judaism. If she didn't want to convert she had to sit in his house for a period of time ranging from a month to a year, during which time she had to shave her hair and mourn. During this time it was possible to try to convince her to convert. If at the end of this period she still didn’t want to convert, then according to some opinions it was possible to convert her against her will, and according to some opinions even to marry her against her will. According to other opinions it wasn’t possible to convert her or marry her against her will, but she had at least to accept the 7 Noachide commandments and then she had to be set free. If she refused to abandon idolatry then she was sentenced to death (as are all idolaters).
Sources:
Deuteronomy chapter 21
Tosephta on Tractate Avodah Zarah (Zuckermandel) 8:5
Babylonian Talmud Tractate Kiddushin 21b
Palestinian Talmud Tractate Makkot chapter 2 31d:6
Tosephot on Tractate Kiddushin 22a
Maimonides, Laws of Kings chapter 8
Sefer Mitzvot Gadol Positive Commandments command 122
Maimonides on Deuteronomy 21:13
Magid Mishneh on Maimonides, Laws of Personal Relations 14:17
HaMikneh (R' Pinchas the son of Tzvi Horowitz) on Kiddushin 22a s.v.
lekochin
Medrash Tanaaim on Deuteronomy chapter 21
Babylonian Talmud Tractate Yevamot 47b
Rif on Tractate Yevamot 16b
Nimukei Yosef on the Rif on Tractate Yevamot 16b
Ritva's Novella on Tractate Yevamot 47b
Minor Tractates Tractate Semachot 7:13
Sefer Yereim section 20 [older printing 228]
Toafat Reem on Sefer Yereim 20:12
Tosaphot on Tractate Kiddushin 21b
Nachmanides on Deuteronomy 21:12
Kol Ben Levi on Maimonides, Laws of Kings 21a s.v. Umikol makom
Responsa Zera Avraham (R' Avraham Luftweir) 22
8.6) The injunction against the desecration of the body of a Jew is more severe than the injunction against the desecration of the body of a gentile. In fact, according to some opinions it is possible that there is no injunction against desecration of the body of a gentile. For this reason, according to some opinions it is permitted to operate on dead gentiles in order to study medicine, but it is forbidden to do the same on dead Jews (and this seems to be the dominant practice today). However, according to some opinions it is forbidden to operate on dead gentiles as well, and, on the other hand, according to other opinions it is also permissible to operate on dead Jews in order to study medicine.
Sources:
Responsa Daat Cohen (Issues in Yoreh Deah) 199
Responsa Sheeilat Ya'avetz part 1 section 41
Responsa Piksei Uziel B'Sheelot HaZman 33
8.7) A gentile woman can breastfeed a Jewish baby, but according to some opinions this is permitted only when there is no other way to feed him. According to all opinions, if there is another way to feed him it is recommended not to feed him from a gentile woman since it can have a bad influence on his soul (even if the gentile woman eats only kosher food).
Sources:
Mishneh Tractate Avodah Zarah 2:1
Tosephta on Tractate Shabbat (Leiberman) 9:22
Babylonian Talmud Tractate Avodah Zarah 26a
Palestinian Talmud Tractate Avodah Zarah chapter 2 halacha 1
Babylonian Talmud Tractate Yevamot 114a
Ritva's Novella on Tractate Avodah Zarah 26a
Rashba's Novella on Tractate Yevamot 114a
Me'iri on Tractate Yevamot 114a
Maimonides, Laws of Idolatry 9:16
Shulchan Aruch Yoreh Deah 154:1
Shulchan Aruch Yoreh Deah 81:7
Sefer Ben Ish Chai Laws of the Second Year Parashat Emor
8.8) A Jew mustn’t eat an animal that was slaughtered by a gentile, even if it was done according to all other rules established by Jewish law. This applies even if the gentile is a ger toshav.
Sources:
Mishnah Tractate Chulin 1:1
Tosephta on Tractate Chulin (Zuckermandel) 1:1
Maimonides, Laws of the Other prime Factors of Impurity 2:10
Maimonides, Laws of Slaughter chapter 4
Shulchan Aruch Yoreh Deah 2:1
8.9) According to most opinions a gentile cannot circumcise a Jew, even in the presence of other Jews. According to some opinions, if a Jew was circumcised by a gentile the Jew has to undergo a second ritual of "symbolic circumcision."
Sources:
Tosephta on Tractate Avodah Zarah (Zuckermandel) 3:12
Babylonian Talmud Tractate Avodah Zarah 26b - 27a
Maimonides, Laws of Circumcision 2:1
Tur Yoreh Deah 264
Shulchan Aruch Yoreh Deah 264:1
8.10) Tzitzit, a Torah scroll, tefillin, and a mezuza that were made by a gentile are invalid.
Sources:
Maimonides, Laws of Tzitzit 1:12
Maimonides, Laws of Tefillin, Mezuzah, and Torah Scrolls chapter 1
Maimonides, Laws of Tefillin, Mezuzah, and Torah Scrolls 3:16
8.11) According to certain sources there are physiological differences between Jews and gentiles, and therefore medical statements that were proved correct for gentiles are not considered automatically correct for Jews. According to some of these sources the gentile physiology is innately different ("their flesh is as the flesh of asses"), and according to other sources the differences come from the fact that the gentiles eat non-kosher food.
Sources:
Babylonian Talmud Tractate Niddah 45a
Sefer Gan HaMelech (Rabbi Avraham the son of Mordechai HaLevi, the
Ginat
Veradim) 131
Sefer Beer HaGolah (The Maharal of Prague), sixth beer
Responsa Shoel V'Nishal part 5 -- Even HaEzer 47
Responsa Seridei Aish part 2 section 4 -- Stunning animals via electricity,
appendix 3
-- letter 23, column 130
Babylonian Talmud Tractate Avodah Zarah 31b
Tosaphot on Tractate Avodah Zarah 31b
Responsa Chatam Sofer part 2 (Yoreh Deah) 101 s.v. Abara
haMaharshal
Responsa Chatam Sofer part 4 (Even HaEzer 2) 61 s.v. V'kol zeh
Responsa of the Maharsham part 1 13
Responsa of the Maharsham part 1 24 s.v. hinei b'inyan
Responsa of the Maharsham part 182 s.v. hinei baguf
Responsa Mishnah Halachot part 13 271 s.v. Umihu Shemaina
Sefer Ben Ish Chai --Laws of the Second Year -- parashat Pinchas
9. Metaphysical opinions on the
gentiles
9.;) Jews are complete human beings. Gentiles, on the other hand, are human beings, but not complete human beings. The difference between the Jewish nation and other nations is analogous to the difference between soul and matter, or between Man and other animals.
Sources:
Maharal of Prague Sefer Gevurot HaShem chapter 44
Maharal of Prague Sefer Netzach Yisrael chapter 14
Maharal of Prague Sefer Derech Chayim 3:14
9.U) The difference between a Jewish soul and a gentile one is larger and deeper than the difference between the anima of an animal and that of a human, since the latter is only quantitative whereas the former is qualitative.
Sources:
Rabbi Kook, Orot, Orot Yisrael 5:10 (pg. 156)
9.V) Jews possess two souls: the earthly soul combines both good and bad, while the other one is part of the Almighty. Gentiles have only one soul, and it comes from a sphere that is all bad. The earthly soul of Jews comes from the same sphere as the anima of clean animals. The earthly soul of gentiles comes from the same sphere as the anima of unclean animals.
Sources:
Tanya part 1 chapter 1
Sefer HaTanya part 1 chapter 6
Sefer HaTanya part 1 chapter 7
9.S) According to some opinions only Jews are made in G-d’s image. According to other opinions gentiles are also made in G-d's image.
Sources:
Mishnah Tractate Avot 3:14
Zohar, Raya Mehemna volume 3 (Numbers) on the portion of Pinchas 238b
Zohar volume 2 (Exodus) on the portion of Yitro 86a (from the DBS version 9 CD)
Tosaphot Yom Tov on Tractate Avot 3:14
9.<) Gentiles are creatures occupying a very base level. They would not exist were it not for Adam’s sin in the Garden of Eden.
Sources:
Rabbi Moshe Chayim Luzatto Sefer Derech HaShem part 2 chapter 4, "On the Issue of Jews and the nations of the world"
9.6) In the case of Jews, the Lord regards a good thought as a deed but doesn’t regard a bad thought as a deed. In the case of gentiles the opposite is true: the Lord doesn’t regard a good thought as a deed but does regard a bad thought as a deed.
Sources:
Palestinian Talmud Tractate Peah 1:2
Tosephot on Tractate Kiddushin 39b
One of our readers wrote to a Sephardi Jewish writer
David Shasha and asked for his view of this document.
Here is Shasha’s response with comments of our readers:
From David Shasha, New York:
Regarding the Attitudes forwarded by Mr.Shamir:
Israel Shamir is a very clever anti-Semite and each quote is assuredly
accurate.
In order to properly deal with this one must look not to the original legal
texts but their application in the rabbinical literature known as responsa.
I do not doubt that in the many centuries of Ashkenazi life under retrograde
Christians - who Shamir is in love with -- that these laws were applied
rigorously -- although the Jews living under oppression could do little with
them. It would be like the native Americans having laws discriminating against
Anglos.
As far as Sephardim go -- you must purchase a copy of S.D. Goitein's a Mediterranean society which in its second
volume contains all the information you will need to see how interfaith
relations were conducted in the middle east in the middle ages.
The larger picture -- which Shamir does not discuss at all -- is the similar
legislation in Christianity and Islam when it comes to gentiles. The key here
is who has power.
This does not exonerate some of the shameful statements -- just puts them
into a clearer perspective.
David Shasha
From Joh Domingo:
While it is important to hear from all sides, I object to Mr. Shasha’s lazy assertion of «similar legislation in
Christianity and Islam when it comes to gentiles.» Jews have an annoying habit
of condemning all religion when it is their own religion they have a problem
with. There is no similar legislation in Islam and Christianity. Mr. Shasha is a clever anti-gentile.
Jews seem utterly incapable of assuming any responsibility at all, it always
has to be a universal failing; if Israel is a monstrous State, it is only
one of several in the region. If they kill people, it is nothing compared to Hama, Syria decades ago. Now, if their Talmud expresses
hatred against Gentiles, Islam and Christianity does so as well. I am sorry,
you don't get a free pass, verify where there is hatred expressed against
non-Muslims in the Quran.
Also, the idea that Jews exercised no power is absolute crap. Jews have
always exercised some power, and for most of their European history, were an autonomous
self-governing unit. Most of their time spent in Eastern Europe they were de-facto lords over the
peasantry, who, more often than not, were squatting on land sublet to them by lazy
feudal lords.
JohD
From Anthony:
David Shasha wrote:
Israel Shamir is a very clever anti-Semite and each quote is assuredly
accurate.
___________
What he meant:
I can not refute what he has published, as it is
accurate.
_____________
In order to properly deal with this one must look not to the original legal
texts but their application in the rabbinical literature known as responsa.
___________
What he meant:
The only defense I have is to
mention the reams & reams of Judaic Apologetics (written after the fact),
which attempt to justify the blatant racism in my Religion's source books.
_____________
I do not doubt that in the many centuries of Ashkenazi life under retrograde
Christians - who Shamir is in love with -- that these laws were applied
rigorously -- although the Jews living under oppression could do little with
them. It would be like the native Americans having laws discriminating against
Anglos.
____________
Read:
Somehow, with this logic, the racist & repressive
laws in Jewish literature miraculously feel «justified» now... It's «OK» for
minorities to discriminate against majorities... as long as it doesn't happen
the other way around.
______________
As far as Sephardim go -- you
must purchase a copy of S.D. Goitein's a
Mediterranean society which in its second volume contains all the information
you will need to see how interfaith relations were conducted in the middle east
in the middle ages.
____________
This is my throw-away «recommended-reading» line
to correct the poor self-hating Jew/Goy... so that any Gentile-mind-slaves who
may be reading can feel comfortable that the (real) poor, persecuted, yet brave
Jew is defending himself appropriately (Never mind that Shamir is ethnically
Jewish too!)
______________
The larger picture -- which Shamir
does not discuss at all -- is the similar legislation in Christianity and Islam
when it comes to gentiles.
____________
Let's ignore for a minute the fact that neither
Christianity, nor Islam, have «blood-ties» as a virtual pre-requisite to any
member of the human race becoming a fully fledged, and FULLY ACCEPTED member.
Meaning that such legislation in the Jewish religion is even more sinister
(even more diabolical) than one, at first, realises...
--------------------------------
This does not exonerate some of the shameful statements -- just puts them
into a clearer perspective.
___________
Yes... we should all have a much
clearer perspective now...
2. Michael Hoffmann objects to the Attitudes:
Dear Mr. Shamir
Apologetics for the Mishnah, Gemara etc. run the gamut from outright misrepresentation
and dissembling to a more subtle epistemological spin based on a fallacious
notion of Talmudic indeterminancy. The latter error
is what the website in question is retailing. In the sections on treatment of
gentiles they refer to halachic rulings as «opinions»
and they posit one «opinion» against another «opinion,» which gives the
impression that there is no dogmatic rabbinic position pro or contra gentiles.
Israel Shahak rejected this line and so do I. He
demarcated the actual praxis of Orthodox Judaism vis
a vis gentiles, which was unwavering in its
hostility, except in so far as the goyim might have the predominant position,
in which case there was to be a tactical modification of the hostility.
Those who interpret the sages to the goyim and do not explain to them that the Mishneh Torah and Shulchan Aruch
are binding on all Orthodox Judaics as halacha, not «opinion» do a grave disservice. Are the laws of
niddah an opinion? Certainly not. Neither are they
when it comes to how to treat the goyim.
Of course I am well aware that none of the sages are unanimous on every point,
especially when it comes to minhag and other
non-essentials. We are all cognizant of the recent Israeli debate concerning Haredi indolence in which the Shulchan
Aruch was mustered to defend loitering in a kollel, while
the kibbutzniks mustered the Mishneh
Torah to argue that performing some work is indeed seemly. Rambam
was also on the conservative side of the issue on the wilder
forms of Kabbalistic superstition.
But halachic rullings have
been reached in both cases, by rabbinic consensus, as expressed in praxis. This
is the key exegetical principle which the website authors have omitted or
suppressed. The Shulchan Aruch has prevailed. Talmidim do not have to work and the ultra-Orthodox
penchant for magic amulets in service of Shas party candidates
as dispensed by Ovadia Yosef
and many others, is not a red line in Orthodox Judaism, however much it may be
regarded as crass or vulgar. There is Sephardic Kabbalah
and there is the David Mamet version. Differences in this
realm are matters of style and not substance.
There is much more I could say along these lines had I the time to reference
additional cases, but hopefully this will suffice for the present.
Michael Hoffman
Reply of the authors of Attitudes:
On the nature of Halacha
Michael Hoffman
(hereinafter MH) is a fairly well known critic of Judaism who speaks from the
Christian standpoint. He has written several books on the subject, one of which
I have recently glanced through. Information about this book, including rather
instructive reviews, can be found on Amazon. Recently MH lambasted an essay
entitled “Judaic Sources on the Attitude Towards Gentiles”, which
was published on the Talk Reason site, among others. The gist of his criticism
boils down to the following.
From his point of view,
the essay’s authors have committed the widespread folly of
“pluralizing” Jewish Halacha.
…they refer to halachic rulings as «opinions»
and they posit one «opinion» against another «opinion,» which gives the impression
that there is no dogmatic rabbinic position pro or contra gentiles’.
MH asserts:
’the Mishneh Torah and Shulchan Aruch are binding on all Orthodox Judaics as halacha, not «opinion»’.
He asks:
’Are the laws of niddah an opinion?’
And he replies:
’Certainly not.
Neither are they when it comes to how to treat the goyim.’
To put it briefly: MH
believes that in Orthodox Judaism “opinions” expressed by religious
authorities are marginal or irrelevant altogether when compared to the mighty
“solid” Halacha, i.e. the virtually
incontrovertible and fully binding actual imperative that replaces them. Just
as there are “opinions” concerning every possible issue, there is
the halachic conclusion that is of the only practical
importance. This begs the question of how to determine what this conclusion is,
where to look for it. This question has no clear-cut answer. However, as MH
maintains, in those cases where an “opinion” is put forward in Yosef Caro’s Shulchan Aruch or Maimonides’ Mishneh Torah, it automatically becomes a halachic conclusion due to the “obligatory”
nature of both codices. Otherwise the conclusion is derived from other sources
through a more complicated procedure which does not concern us in this case.
Therefore, as MH
believes, it would be methodologically and practically incorrect to view the
treatment of gentiles by Orthodox Judaism as the sum of “opinions”
on the subject, as suggested by Jewish religious thinkers. On the contrary,
these “opinions” have long given birth to a detailed system of Halacha, which alone defines the attitudes of Orthodox
Judaism to the “other”. Those who continue to perceive Judaism as a
pluralism of “opinions”, let alone rely on later or contemporary
“opinions”, sin against the truth. All exceptions are plainly
marginal, and do not change the rule. It was this mistake – a grave and
painful one – that the essay’s authors have committed, according to
MH. In their scheme of things, the totally “black” attitude toward
gentiles on the part of Judaism acquires a rainbow of colors, while the
criticism of the Jewish system’s xenophobia loses its edge.
I will have to begin
with the regrettable fact that MH’s methodology
is appalling, and his results attest to this. Like many Western intellectuals,
he studied Jewish disciplines solely from the outside and in a highly formal
fashion. More specifically, he has never given any thought to the precise way
an Orthodox Jew studies the Talmud or Maimonides, what he does with the text,
how he compares the texts, or the way he reconciles them with religious
observance. For MH, the text has an autonomous existence as a faithful
description of reality, and is therefore perceived within the context of
contemporary Western culture. Specifically, a Halachic
text simply must not contain any contradictions; as soon as contradictions come
into play, the text disappears. Halacha, from MH’s point of view, is nothing but text embodied in
behavior, so it can be examined linguistically and linearly, disregarding any
conflicts, including conflicts of “opinion”, and ignoring its true
phenomenology. As a result, MH exhibits a purely mechanical attitude to
Judaism. Moreover, he engages in meticulously constructed and carefully
nurtured circular reasoning that, while having no direct bearing on any specific
issues (including the issue of Judaism’s treatment of gentiles)
nevertheless directly determines his view on this issue.
From the very start, probably while still a student, MH fashioned a
model of Halachic Judaism based on the principle
“Judaism is identical with Halacha, which is
identical with the Shulchan Aruch”. After all, he invariably
perceives in any attempt to see Judaism as a multi-layered entity an attempt to
destroy the original model, and thus a mistake. Had he not developed this a priori
systematic view, had he started by studying Judaism in an empirical manner
without conceiving and adopting his ideas prematurely, he would have formed a
different, far more chaotic yet more accurate picture. Judaism is by no means
identical with its own Halacha, if the latter is
understood as a sum of “terminal” rules of conduct fixed by
specific texts. What is more, such “terminal” texts probably do not
even exist.
The fact that MH is
insufficiently familiar with rabbinic materials and less than meticulous in the
way he applies them does not at all imply that he is an ignoramus – far
from it. He has read and absorbed a great deal and has a fairly good grasp of
facts. However, from his present vantage point drawing theoretical conclusions
is a highly dangerous business: flawed mastery of the material and lack of
proper hermeneutic technique inevitably lead to highly disputable results. In
fact, in order to become a serious Talmudic expert, one must spend at least
some time studying the Talmud, Halacha, and other
Jewish disciplines for their own sake, rather than as mere targets of
criticism. Otherwise it is extremely difficult – albeit not impossible
– to uncover their multi-layered depths. For that matter, this is equally
true in respect to other ethnographic situations. One must develop a rapport
with the tribe which is being studied.
The aforementioned
multi-layered essence is an extremely crucial phenomenon, one that must be
grasped in order to understand what really happens in the Jewish Orthodox world.
This multi-layeredness is of a fundamental, immutable
nature. It was this phenomenon that produced the gigantic corpus of halachic literature of the last centuries. If the Talmud,
the Mishneh Torah and the Shulchan Aruch alone were sufficient from the practical point of
view, then what was the point of writing the entire library of the achronim? Why
did the Chafetz Chaim write
the Mishnah Brurah, which
merely rearranges part of the Shulchan Aruch?
On the other hand, if Halacha were no more than a
system of rules, why would any self-respecting Orthodox Jew spend years
studying the rather tangled ancient texts, above all the Babylonian Gemara? Why should he not content himself with Chafetz Chaim on the one hand and
the collection of Agadot on the other? Finally, what
is the purpose of the dozens of new halachic
treatises being published each year?
Both the early and the
post-Shulchan Aruch rabbinic literature is
indispensable in order to understand the nature of true Halacha,
the role of the non-halachic part of Jewish teachings
in Judaism, and so on. Thus, in his investigation MH overlooks an important,
perhaps even a critical element. What exactly is it?
Let us forget for the
time being the issue of Jewish-gentile relations.
Judaism is primarily,
if not exclusively, a neatly designed system of tribal relations. That is
precisely why it leaves virtually no place for God, and none at all for
metaphysics, yet it overflows with primeval mysticism, with outright shamanism
that is absolutely essential for the tribe’s existence. All the rest is
diverse, carefully ordered social practice – in other words, Halacha, the nature of whose order we are discussing.
We know next to nothing
about pre-rabbinical Judaism. About its successor, however, we know quite a good
deal. Rabbinical Judaism, otherwise known as halachic
Judaism, represents a peculiar scholastic system that owns its structural order
to both Western and Eastern sources. Judaism discovered scholasticism, albeit
somewhat belatedly, by the Talmudic period; and from the time of the rishonim,
i.e. from the 11th-12th century, scholasticism brought to
a kind of perfection became Halachic Judaism’s
essence. As a matter of fact, we should keep in mind that any sort of orderly
continuity in Judaism traces its origins to that period; therefore, the Judaism
we live with today is of a relatively late kind, originating in the scholastic
era. Any attempt to stretch the Jewish tradition back to earlier times is
problematic. It may be stretched back as far as the Talmud, but any similarity
with biblical Judaism is roughly like that between Bolshevism and Russia before
Peter the Great – a mere matter of accidental and dubious congruities.
I will not go into two
crucial issues: first, whether it makes any sense to talk about pre-rabbinical Halacha (probably not), and second, how Halacha
was organized in the early-rabbinical times. In my opinion, no code of rules of
individual and collective behavior, however voluminous, can be directly
correlated to, let alone identified with, Halacha: Halacha is a system which generates practical rules, and
that, in theory at least, is what makes the code flexible and universal –
in other words, it is a non-terminal phenomenon. Again, Halacha
is a rule-generating device. As any device, it constitutes a system, and a
relatively simple one at that. This is not to say that the laws generated by Halacha are equally systematic and simple – far from
it. On the whole, the Halacha takes no responsibility
for the results, leading to the diverse interpretations and the oceans of
literature that appear to be so much hot air. To be sure, Judaism has no
monopoly on this systematic phenomenon; nevertheless, we should keep in mind
that it has taken this phenomenon to its logical conclusion. I would like to note
that any self-respecting collective could construct a Halachic-style
system of its own, but this would require considerable effort – above all
intellectual.
Let us consider an
example. It is easy to pronounce “Though shalt
not eat meat with milk”. Such a rule can have one of two senses: it can
either reflect the existing
practice, i.e. add nothing of substance, being a mere instance of mnemonics
that registers the actual situation (fine, they don’t eat the two…)
or prescribe a practice that has
not yet come into being. At first Judaism distinctly opted for the second
scenario, probably due to its obvious scholastic advantage. Indeed, who can
vouch that the existing practice is regulated, elegant, and compatible with the
system? After all, you must agree that saying “thou shalt
not eat meat with milk” does not yet mean producing a regulated
prescription – this statement may conceal a multiplicity of diverse
meanings. As we know, quite a few interesting things may be said about what
should not be eaten with what – and eating is only the tip of the
iceberg! That is why Judaism began to construct an entire theory around this
idea, a large part of which has no immediate practical importance. It is no
accident, by the way, that the “meat-and-milk theory”, one of
Judaism’s most impressive features, was created by rabbinical Judaism
virtually from scratch. Indeed, as late as the third-fourth centuries BCE (if
not later) the Jews knew nothing of it. Jewish Hellenistic literature, while
providing detailed reasoning for the prohibition against taking part in gentile
meals, does not make the slightest mention of the meat-and-milk issue. The
editor of Genesis did not even think of eliminating the passage where Abraham
serves his guests beef with butter. No wonder: the biblical commandment
“thou shalt not seethe a kid in his
mother’s milk” had a magical rather than a culinary meaning, as was
to be expected. Moreover, the Talmud itself tells in fairly explicit terms that
in the Mishnaic period – i.e. the first-second
centuries BCE – the meat-and-milk prohibition was only beginning to go
into effect, that tradition had no knowledge of it, and that from time to time
it underwent various mishaps.
Having taken up the
meat-and-milk prohibition, the Halacha built a
spectacular scholastic edifice around it. I will not discuss it at present
– this would take too much time and space. I will only note that it is
made up entirely of “opinions” and abounds in astonishing
contradictions: after acknowledging the validity of a certain “opinion”,
no matter whether the opinion admonishes or appeases, it then goes on to use
its opposite as the basis for further consideration. Ultimately, Halacha did not produce a set of terminal rules (this is
not only unlikely due to the virtually infinite number of versions to be
included in the set, but is also halachically
undesirable, since such a set, once compiled, would have been unsystematic and
unwieldy – ugly, to put it bluntly – while Halacha
strives for elegance and beauty). Instead, it gave birth to a halachic predicate, or rather a system of predicates that,
if need be, may be developed and extended.
Thus Halacha is, above all, a predicate in the mathematical
sense of the word – i.e. a function of statements and logical variables.
For theoretical and practical purposes alike, this predicate is asked
questions, like the Delphic Oracle. Yet it only after the substitution of
appropriate arguments – above all situational ones, but also personal,
i.e. a set of “opinions” that the asker wants to use as a guideline
– that Halacha can “spit out”
practical advice. More often than not even this is impossible – the
advice retains elements of uncertainty or unsolved variables, so that it
acquires a practical meaning only after new scholastic disputes. Be that as it
may, Halacha in itself issues no practical
instructions. What is more, it harbors unconcealed disdain toward practical
matters – exactly as Catholic scholasticism did in the Middle Ages.
What is important to us
in this instance is the fact that reference to Halacha
clearly implies an appeal to a halachic
“opinion”. In other words, it varies from person to person and from
place to place. What is more, a Jew is actually allowed some leeway in moving
around the scholastic tree – as long as he does not climb down.
Everyone knows that the
classical “practice” recommends abstaining from dairy products for
six hours after eating meat. Along with this “practice”, there are
interesting alternatives: four hours, three hours, two hours, and even one
hour. Anyone who goes deeper will see that one can do away with any break
altogether. What does Halacha have to say on this
matter? All of the above, of course, and moreover all at once. The more erudite
the halachic explorer, the more remarkable the
meanings he will unearth within halachic predicate.
In the spirit of medieval philosophical inquiry, quite a few Jewish scholars
vie with one another in hunting after formal halachic
proof for anything at all – even as far as permission to consume pork. Of
course, the most gifted of them succeed in finding such proof. Only Orthodox
Judaism’s undisputable propensity for discipline prevents the influx of
heresies that would put these discoveries into practice; whereas in the
Christian world, quite a few “clever” people eagerly took part in
the ceremony of spitting on the cross, in the not unreasonable belief that this
was a profoundly mystical experience. For the sake of fairness, it must be said
that Jewish “deviations” were also in evidence – but those
were thoroughly suppressed and outlawed much faster than their Christian
equivalents.
The incredible
complexity of arriving at practical decisions within the framework of Halacha gives rise to numerous reference books that reduce
composite predicates to simpler ones. Such are works like the Mishneh Torah or the Shulchan Aruch. However, one must be very naïve to seriously regard
them as codices of terminal pronouncements. Neither of the books makes the
slightest attempt to prescribe practical rules of conduct – they merely simplify
the previously existing pattern. Philology must not be allowed to mislead the
reader. Anyone who tries to actually follow the counsel of Maimonides and Caro, even in those cases where the text appears to justify
this, inevitably ends up committing halachic
blunders.[1]
This is conclusively borne out by the enormous halachic
library devoted entirely to the analysis and further simplification of theories
put forth by Maimonides and Caro as halachic predicates. It is a revealing fact that the
formally scholastic Mishneh Torah and Shulchan Aruch were accompanied by halachic
works of a different kind, critical in their style and technique – yet
even they do not aspire toward turning Halacha into a
practical, or even a practically realizable, guide. It is true that Maimonides
and Caro are foremost halachic
authorities. What is untrue is that their assertions constitute guidelines for
practical action rather than contemplation, and it is still more untrue that
they no longer function as “opinions” to be substituted into the
initial halachic predicate.
MH confidently cites
the example of the laws of niddah – of “family purity”
– as the epitome of halachic clarity. I am
afraid that he does not even realize the extent to which this example backfires
against him. He asks a rhetorical question: “Are the laws of niddah an
opinion?” The trouble is that the affirmative answer is the obviously
true one. Yes, these laws are “opinions” – or rather a
complex combination of “opinions”.
At this point I will
not discuss the question of who conceived the idea of having the Torah text
include views, popular among many primitive peoples, that label menstruating
women unclean, and use this as the reason to limit the period of permissible
sexual contacts, and when this began. Something else is far more interesting:
already at the time of the Talmud the Jewish sages were tangled up in their
views concerning this issue. Strangely enough, Halacha
is quite reconciled to logical confusion and even open ignorance of the
“truth”. There is no doubt that a practical guide is not
reconcilable with this, and that is yet another indirect proof that Halacha is no such guide.
Thus the Talmud offers
two undeniably contradictory and clearly incompatible halachic
systems (which were never meant to be compatible) for calculating the periods
of purity and impurity as well as the time of permissible sexual intimacy. The
editors of the Talmud could have easily put their own work in order by removing
one of the systems, reconciling the two, or inventing a third, “the true
system”. A practical guide would have done exactly that – but not a
scholastically theoretical work. The Talmud blithely left this an open issue,
leaving it up to the individual to choose one of the contradictory views
– once the predicate is opened, of course. That is exactly what happened.
The famous Rashi chose one version, Maimonides
another. It is virtually certain that both they and their communities not only
thought but also acted in different fashions. No problem: this is perfectly
acceptable in Judaism. Therefore the original contradiction, which did not harm
Halacha and was not censured by it, was passed down
to the rishonim.
Only at a somewhat later time was the decision made to do away with such a
flagrant contradiction. Some medieval thinker unified the prohibitive elements
of both systems, giving birth to the system more or less identical to the one
we have today – a very rigid one, to be sure, and one often mistaken for
original. In addition, an entire series of vague, poorly formulated utterances
by classical medieval thinkers produced new strictures, this time clearly
introduced just in case. So, is this today’s monolithic practical Halacha? Not on your life! Fairly recently the esteemed Ovadia Yosef suggested revising
the laws of niddah
in accordance with the opinion (“opinion”) of Yosef
Caro in the Shulchan Aruch – which, incidentally, is far more lenient than
the currently accepted opinion. At the same time, religious women with certain
physical problems are urged to consult a knowledgeable rabbi. He will insert
some variables into the halachic predicate and come
up with radically different practical recommendations, equally based on certain
“opinions”. What, then, are we to do with the immutable (according
to MH) Halacha?
Therefore Judaism is
the same orderly and organized arrangement of “opinions” as a stone
is an arrangement of molecules. Both Halacha and Aggada are fashioned entirely of these
“opinions”. Any halachic act is a
manipulation of “opinions”.
To be sure, “opinions”
are not of equal meaning and value. Moreover, they may stand in complex and
controversial relation to one another. However, to ignore the existence of
“opinions” is roughly equivalent to ignoring the corpuscular nature
of matter or the crystal structure of metal. Halacha
is not an amorphous blob of chaotic information. It possesses form and
structure. Only by keeping this in mind can it be studied in a productive
manner. Anyone who regards Halacha as an arrangement
of specific injunctions – “thou shalt do
this” – is not only unversed in Judaism but should also brush up on
his sociology. Any “thou shalt” must
inevitably be continued with “if you belong to such and such society, and
find yourself in such and such situation”. Any attempt to shorten this
formula ascribes to the Halacha a mistaken unit of
measurement – say, kilometers instead of kilometers per hour. No wonder
that this ultimately leads to meaningless, irrelevant, and infinitely formal
results.
Let us return to the
issue of Judaism’s attitude to gentiles. To begin with, when we examine
the halachic core of this issue we view it
exclusively from the outside. In our interest in Halacha
all of us – MH, the essay’s authors, and even I – are not
bound by it; on the contrary, we are at liberty to analyze and even judge it.
However, judging does not mean simplifying or distorting. We are simply
obligated to consider the halachic predicate that
defines Judaism’s practical and ideological attitude to gentiles in all
its complexity. And we definitely have no right to forget that this predicate
contains pockets designed to contain multiple “opinions” –
both attractive and not so – without which it is meaningless.
The essay’s
authors, by citing a variety of halachic
“opinions” (far from all, but due to limited space carefully
selected for their importance and meaning), have done a great service for the
discerning reader. Only when possessing some sort of a complete picture of
relevant “opinions” and circumstances can one attempt to sum up as
important a phenomenon as Jewish xenophobia. It would be totally meaningless
to, as recommended by MH, focus exclusively on “Orthodox practice”
– if only because it makes up a miniscule fraction of the halachic picture, making it impossible to analyze its own
ideological foundation, and finally, being ambiguous to a far greater extent
than the ideology that stands behind it. Ultimately, if we reduce Halacha to the actions of an Orthodox Jew, to his conduct
in immediate proximity to a gentile, then suddenly Halacha
will begin to look much better. Essentially, what do we care if the Jews
consider gentiles to be inferior to dogs, if there are countless decrees that, out of fear of repercussions, permit Jews
to treat a gentile, to hire him, and even to give him correct change? The true
face of Jewish xenophobia is revealed only when we refer to theoretical Halacha, to its non-terminal elements – yet if so, it
would be sheer folly to ignore Jewish-gentile relations in their seeming
diversity, expressed first and foremost in the various halachic
and aggadic “opinions” devoted to the
issue.
What is truly
fascinating and outright amazing is the fact that it is precisely this diverse
range of “opinions”, taken as a whole (certainly including
humanitarian “opinions”), that demonstrates the genuine nature of
Jewish Orthodox xenophobia in all its glory. The final conclusions, without any
doubt, are absolutely devastating. That is why the conclusion drawn by MH is
little different from the one offered by the essay’s authors (if we ignore
the fact that the latter try to express themselves in more academic terms).
Judaism is indeed a not-so-pleasant doctrine with racist undertones, rejecting
universal values and classical humanism, viewing gentiles as inferior beings
and preparing a grim future for them. However, this conclusion can be
accurately deduced only if we take into account the fact that Maimonides, to
take one example, while strictly forbidding a Jew to return an item lost by a
gentile and threatening the gentiles with genocide in the messianic times,
simultaneously enjoins the Jews to never shortchange a gentile. Xenophobia
cannot be understood until one has uncovered its underlying mechanisms and
driving forces. Thus today’s hassidic
cannibalism can only be truly appreciated when compared with the gentle MO
racism; without Meiri’s amusing
“liberalism”, the warped bigotry of the Tanya's author or of the Maharal
appears both incomplete and incomprehensible. The very fact that Western
Orthodox Jews of today are forced to invent the most outlandish arguments and
stratagems for justifying civilized social conduct and yet are incapable of
rejecting the classical Jewish discourse weighing the extent of the
gentile’s subhuman status is far more revealing than the intolerant passages
in Maimonides or Caro. Ultimately, how tolerant were
the times in which they lived? Are they all that bad when viewed against their
contemporaries? On the other hand, who in the enlightened world but the
Orthodox Jews remain mired in medieval intolerance? The very inability to
renounce it – combined with the clumsy attempts to camouflage it –
gives Orthodox Judaism away. Its disdain for gentiles is so intense that it
seriously believes that latter to be incapable of sensing the true motives and
the thinly disguised nature of the Jewish attitudes toward them. This is what Halacha is, and it is pointless to replace it with a set of
eternal prohibitive formulas: not to heal a gentile, not to save him from
drowning, not to participate in his rejoicing, not to cease hating him, not to
return his lost items, not to compliment him. These formulas could be easily
counterbalanced with other, “liberal” ones. Nothing can
counterbalance the xenophobic Halacha that stands
behind them.
Only the entire
spectrum of Jewish Orthodox views, in all its motley variety, reveals the
deliberate purpose and depth of Jewish xenophobia. Only when seen against the
backdrop of the clumsy liberal exertions within Orthodox Judaism does the
tribal nature of Jewish prejudice becomes patently clear. MH can rest easy: the
juxtaposition of xenophobic and liberal “opinions” not only does
nothing to soften the final assessment of Judaism, it even exacerbates the
assessment: after all, if this is what the “liberals” are like,
what can we expect from the conservatives?
On the other hand, MH
should be careful not to employ overly formal methods and ploys. His
conclusions, though not all that original, are correct, but his proofs are so
far from reliable that I would take up the challenge of driving him into a
corner. Still, there is an appropriate adage, a pretty good play on words long
adopted by adventure novels: Forewarned is forearmed.[2] Let the formalist
think about it.