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Judaic sources

on the attitude

towards gentiles

 

 

Contents

 

 TOC \o "1-1" \h \z Preface.. PAGEREF _Toc41644576 \h 3

Summary of halachic rulings on the attitude towards gentiles  PAGEREF _Toc41644577 \h 6

On the attitude towards gentileswith sources. PAGEREF _Toc41644578 \h 18

(1) Killing gentiles and saving their lives. PAGEREF _Toc41644579 \h 18

(2) Robbing, cheating and returning lost items to a gentile.. PAGEREF _Toc41644580 \h 35

(3) Business relations. PAGEREF _Toc41644581 \h 42

(4) The place of gentiles in Jewish political and judicial systems  PAGEREF _Toc41644582 \h 51

(6) Emotional and social attitude towards gentiles. PAGEREF _Toc41644583 \h 59

(7) Some characteristics of the gentiles. PAGEREF _Toc41644584 \h 69

(8) Miscellaneous. PAGEREF _Toc41644585 \h 77

(9) Metaphysical opinions on the gentiles. PAGEREF _Toc41644586 \h 93

Appendix: Judaism on gentiles granted the status of ger toshav   PAGEREF _Toc41644587 \h 97

 


 

 

Preface

                This work represents a concise outline (or suma) of basic religious laws that determine the attitude toward non-Jews on the part of Jews and Judaism. This suma is bolstered by a series of major relevant excerpts from classical Jewish halachic sources (far from complete, indeed, patently incomplete), which form the foundation of the precepts in question.

            Within the limited scope of this paper we could not conduct a detailed analysis of all the halachic concepts contained in Jewish literature regarding the different issues raised here. Nevertheless, we have tried to select and present to the reader a more or less complete set of authoritative views (in their original textual form) on each specific issue. It is important to stress that the views in question were culled from key written works by leading Jewish lawgivers or from major (collective) Jewish religious sources, above all the Talmud. In some instances we also cite particularly relevant views expressed by contemporary authorities. We have summed up these pronouncements and formulated our summary in a simple yet compelling fashion. To be sure, this summary does not reflect every nuance of the complex issues dealt with in the original sources; it does, however, give an unambiguous outline of the existing range of views and practical imperatives created by classical Orthodox Judaism. 

            We have devoted a separate section to the rather problematic issue of diverse terminology used in Jewish literature to define and classify non-Jews. Without making any attempt to supplant this section, we would nevertheless like to make an important observation. Jewish law reserves a separate category for those gentiles defined by the term גר תושב (ger toshav); according to most views, this group is made up of gentiles who observe the seven Noachide commandments (this definition will be examined in somewhat more detail below). In principle, only this type of gentile has an inalienable right to live (or – to life) according to Jewish law. Only they enjoy certain legal leniences in terms of their property rights. Only they may (or even must) be saved by a Jew when they are drowning in a river, for example. On the other hand, Jewish law reserves a separate category for those gentiles who are explicitly idolaters, treating them with particular disdain: under Jewish law they are to be put to death, at least in theory. Even though the laws applicable exclusively to gentiles granted the status of ger toshav, the laws applicable to idolaters only, and the laws applicable to all gentiles (including those in the ger toshav category) differ greatly, covering a wide range of legal attitudes towards those who fall into these categories, we consider it essential to emphasize two important points.

            First, according to the overwhelming majority of accepted views most of today’s gentiles cannot be considered ger toshav. Christians as a group are viewed as idolaters, and as such (at least in theory) are punishable by death. What is more, it seems that even under the most “lenient” contemporary approach, billions of basically decent and respectable gentiles are categorized by the Jewish law as definite idolaters (or persons of the same negative status), and thus they are not entitled to the prestigious status of ger toshav. This applies to all Hindus, Buddhists, atheists, and so on.

            Second, even a ger toshav (in fact, even a gentile convert to Judaism) is explicitly discriminated against under Jewish law, as we will see below.

 


 

The problem of terminology employed by Jewish sources in classifying gentiles.

 

            In this context, we are obliged to touch, at least in passing, upon the crucial issue of terminology. Halachic literature uses a wide assortment of different terms to denote “gentiles.” To an extent, this variety has a historical character, owing to the fact that Jewish religious literature was created over a lengthy period of time. However, the main reason for this terminological diversity was the natural semantic tendency to classify gentiles (based on one principle or another) in the context of issues and concepts relevant at the time. For example, the word גוי (goy) is usually translated as “gentile”; בן נח (ben Noach) as a descendant of Noah, i.e. a member of mankind; כנעני (kna’ani) as Canaanite, i.e. a member of one of the nations which inhabited Canaan prior to the arrival of the Israelites; כותי (kuti) usually as one belonging to the heretical Samaritan minority, or simply a “heretic”; עובד ע"ז (oved avodah zarah) or עכו"ם (akum, an acronym of oved kochavim umazalot, i.e. “one who worships stars and constellations”) as “idolater”; נכרי (nochri) as “stranger,” “alien”; גר תושב (ger toshav) as “a stranger who permanently resides among Jews.” Some of these terms are random and interchangeable; on the whole, however, they retain their distinct halachic meaning and are used accordingly in various contexts.

            The problem of terminology is complicated even more by the censorship (either external, gentile, or internal, Jewish) that was often applied to Jewish texts, replacing the original terms with others considered less offensive in a given period or location. In most cases, the original term can be clearly inferred from the context. Frequently, however, it is impossible to determine with sufficient certainty whether the term before us is the original or one which has been replaced due to censorship. As a result, we cannot be sure which category of gentiles is covered by the law in question: the one specified by the censored text or a different (usually wider) group defined by some other term which had been in the original text. Therefore researchers of Jewish religious law are constrained to search out the original, uncensored sources for this purpose. Fortunately, it is relatively easy today: most classical Jewish works have been reconstructed and published in their original version, based on ancient manuscripts and early printed editions.

            Most of the texts used in our research were taken from the Bar-Ilan Responsa CD version 9 and DBS CD version 9. However, we discovered (somewhat to our surprise) that the use of these versions did not solve the problem entirely: the CD texts of the Mishnah, Talmud, Maimonides’ Mishneh-Torah, the Tur, and the Shulchan Aruch contained numerous traces of censored passages. As a result, we had to meticulously compare these texts with the existing uncensored versions, and to correct them whenever necessary. Our corrections were based on the following editions (unless explicitly noted otherwise in the quoted passage):

 

            Mishneh-Torah – based on the Shabtai Frankel edition.

            The Babylonian Talmud (inc. the Rashi and Tosafot commentaries) – mostly based on the Steinzaltz edition; treatises which are not included in the Steinzaltz edition are based on the original printed version of the Talmud (Venice, 1520-1523).

            Mishnah – based on the edition with Maimonides’ commentaries, published in Jerusalem in 1963 by R. Joseph Kapakh. 

            Tur and Beit-Yosef (commentaries by R. Yosef Caro to Tur) – based on the Jerusalem edition of the four sections of the complete Tur, 1998.

            Shulchan Aruch – based on the Krakow edition of 1578 (the first edition of Shulchan Aruch with Rama commentaries).

 

            Wherever we revised the available standard text by removing the censored corrections, the following signs were used: the original uncensored text was placed in square brackets ([original text]), while the text following censoring (to be omitted) was enclosed in carats (<censored corrections>).

            However, finding the correct (original) term is the first and easiest part in the task of interpreting the text. The real difficulty lays in determining the exact meaning of a given term in each book, each specific case, each new context. The problem is that identical terms are used in different texts (or even in different opinions brought in the same text). The most common instance is the word goy, which refers in some cases to all gentiles and only to idolatrous gentiles in others.

            In some instances, the differences in meaning are more subtle. Even when the basic meaning of a term is fairly clear, there may be uncertainty as to what precisely makes a gentile fall into a particular category. For example, a ger toshav (the closest a gentile can come to the status of a Jew without actual conversion) is a gentile who fulfills the seven Noachide commandments. However, there are endless discussions in Jewish literature as to the precise meaning of this definition. There are divergent opinions regarding the following questions: when a gentile wishes to become a ger toshav, must he make a formal court declaration of his intention to fulfill the Noachide commandments, or is it enough to observe them in practice? Does he have to observe these commandments out of his belief in Judaism, or is it sufficient that he practices them as ethical standards?

            Halachic sources exhibit a wide divergence of opinions concerning these issues. On the one hand, some authorities believe that today no gentile can become a ger toshav even in theory, since this status is applicable only when the laws and commandments related to the notion of יובל (yovel, “the fiftieth year,” when, for example, land sold by Jews reverts to its former owners) are in force. According to this opinion, even a gentile who observes the seven Noachide commandments out of his belief in Judaism is not eligible for the status of ger toshav today. On the opposite extreme, there is the view that any gentile who professes a monotheistic religion, including Christianity, can be considered as ger toshav even today.

            To be sure, there is no shortage of intermediate views. For example, a number of authorities believe that the prestigious status of ger toshav may be conferred only on genuine monotheists like the Moslems, but certainly not on Christians. However, there is more. Some of those who hold the latter view assert that the Moslems at least, being genuine monotheists, are entitled to the full status of ger toshav, with all the rights and privileges implied therein; others claim that a Moslem is only partially entitled to the status of ger toshav, applicable only in the context of certain halachic rules but not in general.

            In short, the issues we have raised are highly complex, and there is no way to discuss them in every detail within the framework of this paper.

            In our suma we have consistently translated the terms goy, nochri, and ben Noach as “gentile”; the same goes for the terms kna’ani, kuti and akum, whenever it was obvious that these “specific” terms were used in lieu of more general ones for reasons of censorship. Only in those cases where the sources explicitly state that the law applies solely to idolaters in the literal sense of the word or where this conclusion is clearly implied, or where the sources stress that the law equally applies to gentiles having the status of ger toshav did we reflect these terminological niceties in our translation.

 

Summary of halachic rulings on the attitude towards gentiles

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.  


 

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.

 

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.

 

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).

 

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.

 

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.


 

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.

 

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.

 

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.

 

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.

 

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.

 

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).

 


 

4. The place of gentiles in Jewish political and judicial systems

 

4.1)   According to some opinions when the Jews rule over gentiles they mustn’t let a gentile live in our land and even not let a gentile pass through our land on his way elsewhere.

 

4.2)   A gentile (and even a convert to Judaism) cannot be appointed to any ruling 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.)

 

4.3)   A gentile is not considered a valid witness in a Jewish court of law. This applies to a ger toshav as well.

 

4.4) Even a convert to Judaism is not allowed to bear witness concerning anything that happened prior to his conversion.

 

4.5)  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 in a court of law.

 

4.6)  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.

 

4.7)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 it doesn't apply to a ger toshav.

 

4.8)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 ger toshav) 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.

 

4.9)   The death penalty may be imposed on one (Jew or gentile) who abducts a Jew, but not on a Jew who abducts a gentile.

 

 


 

5. Emotional and social attitude towards gentiles

 

5.1)   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).

 

5.2) The injunction against harboring hatred in one’s heart applies solely to Jews.

 

5.3)   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.

 

5.4)   In respect to a gentile, the law permits revenge and rancor. Similarly, the commandment “Love thy fellow as thyself” does not apply to gentiles.

 

5.5)   The injunction against slander applies only in respect to slandering a Jew.

 

5.6)  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.

 

5.7)   It is forbidden to praise or bless a gentile.

 

5.8)  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.

 

5.9)   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.

 

5.10) A Jew must pray every day “Blessed be the Lord for not making me a gentile.”

 

5.11) A Jew and a gentile mustn’t be buried side by side, even if the gentile is a ger toshav. 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.

 

 

 

 


 

6. Some characteristics of the gentiles

 

6.1)      According to some sources, cruelty and vengefulness exist only amongst the gentiles.

 

6.2)      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.

 

      6.3)      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.

 

6.4)      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.

 


 

 

7. Miscellaneous

 

7.1)     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.

 

7.2)      According to certain sources, a Jew is permitted to convert a found gentile boy  into a gentile slave.

 

7.3)   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.

 

7.4)   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.)

 

7.5)   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).

 

7.6)   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.

 

7.7)   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).

 

7.8)  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.

 

7.9)   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.”

 

7.10) A Torah scroll, tefilin and a mezuza that were written by a gentile are invalid. Tzitzit that was tied to the garment by a gentile is invalid.

 

7.11) The gentiles mustn’t hold a special religion of their own. The only religious options they have are to obey the Noachide commands or convert to Judaism.

 

7.12) 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.

 

7.13) 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.

 

 

 


 

 

 

8. Metaphysical opinions on the gentiles

8.1)   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.

 

8.2)   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.

 

8.3)   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.

 

8.4)   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.

 

8.5)   Gentiles are creatures occupying a very base level. They would not exist were it not for Adam’s sin in the Garden of Eden.

 

8.6)  In the case of Jews, G-d 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.

 


 

On the attitude towards gentiles with sources

 

(1) Killing gentiles and saving their lives

 

 

1.1     מעיקר הדין כל אדם העובד עבודה זרה (בין גוי ובין יהודי) חייבים לדונו למיתה בבית-דין. לעניין זה עבודה זרה פרושה ייחוס אלוהות לכל עצם (גשמי או רוחני) מלבד האל האחד והיחיד, בין אם הדבר נעשה באמצעות פולחן מעשי (כמו תפילה, הקטרת קטורת וכדומה) ובין אם באמצעות הצהרת אמונה בלבד.

מספר דתות בנות ימינו כמו הינדואיזם, בודהיזם וזורואסטריאניזם הן בלא ספק, ולכל הדעות, בגדר עבודה זרה. לגבי הנצרות ישנה מחלוקת בין הפוסקים, כאשר רובם המכריע סובר שאף היא נחשבת לעבודה זרה. האיסלם לעומת זאת אינו נחשב כעבודה זרה.

במציאות (כפי שהיא בימינו) שאין בית דין רבני יכול לדון אנשים למוות או לעונשים גופניים ואפילו לקנסות מן התורה, וכתוצאה מכך אין הוא יכול לדון אדם בעוון עבודה זרה:

לגבי יהודים עובדי עבודה זרה (וכן כאלו הכופרים במוצהר בסמכותה   האלוהית של ההלכה, ביניהם אתיאיסטים ואגנוסטיים) נפסק שדמם מותר לכל אדם ומצווה על כל אחד להורגם.  אמנם אחרוני הפוסקים קבעו שדין זה אינו חל בימינו.

לגבי גויים עובדי עבודה זרה (ולמעשה כל גוי שאינו מקיים את 7 מצוות בני-נח) נפסק שאין מצווה להורגם, אבל מצד שני  אסור להצילם. מעמדו ההלכתי של גוי שאינו עובד עבודה זרה כפי שהוגדרה לעיל (וכמו כן מקיים בפועל את שאר מצוות בני-נח), אבל מצהיר על עצמו כאתיאיסט או אגנוסטי, אינו ברור לחלוטין, אבל נראה לפי מקורות מסוייימים שמעמדו יהיה כשל עובד עבודה זרה.

 

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