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5771

The Torahs Instructions to Non-JewsThe Laws of Bnei Noach


Written by the rabbi

Dedicated to the memory of
Simcha bat Chana

Although it may seem strange for a non-Jew to ask a rav a shaylah, it should actually be commonplace. After all, there are tens of thousands of times more non-Jews than Jews in the world, and each one of them should be concerned about his or her halachic responsibility. Many non-Jews are indeed concerned about their future place in Olam Habah and had the nations not been deceived by spurious religions, many thousands more would observe the mitzvos that they are commanded. It is tragic that they have been misled into false beliefs and practices.

An entire literature discusses the mitzvah responsibilities of non-Jews. Although it was Adam who was originally commanded to observe these mitzvos, they are usually referred to as the "Seven Mitzvos of the Bnei Noach," since all of mankind is descended from Noach.

Furthermore, a Jew should be familiar with the halachos that apply to a non-Jew since it is forbidden to cause a non-Jew to transgress his mitzvos. This is included under the Torahs violation of "lifnei iver lo sitein michshol," "Do not place a stumbling block before a blind person." In this case, this means do not cause someone to sin if he is blind about the seriousness of his violation (Gemara Avodah Zarah 6b).

In actuality, a non-Jew must observe more than seven mitzvos. The "Seven Mitzvos" are really categories; furthermore, there are additional mitzvos that apply, as we will explain.

THE BASICS

The seven cardinal prohibitions that apply to a non-Jew are:

1. AVODAH ZARAH.
It is forbidden for a non-Jew to worship idols in any way. Most religions of the world are idolatrous, particularly the major religions of the East.

Although Christianity constitutes idol worship for a Jew, there is a dispute whether it is idolatry for a ben Noach. Some poskim contend that its strange concepts of G-d do not violate the prohibition against Avodah Zarah that was commanded to Adam and Noach (Tosafos to Bechoros 2b s.v. shema; Rama, Orach Chayim 156). However, most later poskim contend that Christian belief does constitute Avodah Zarah even for a non-Jew (Shu"t Noda BYehudah, Tenina, Yoreh Deah #148; Chazon Ish, Likutim to Sanhedrin, 63b pg. 536). In this regard, there is a widespread misconception among Jews that only Catholicism is Avodah Zarah but not Protestantism. This is untrue. Every branch and type of Christianity includes idolatrous beliefs.

2. GILUY ARAYOS, which prohibits many illicit relationships.

3. MURDER, including abortion (Gemara Sanhedrin 57b), suicide, and mercy killing.
It should be noted that capital punishment, when halachically authorized, does not violate this mitzvah because the Torah requires it to guarantee observance of the Seven Mitzvos of Bnei Noach.

4. EIVER MIN HACHAI, eating flesh taken from a live animal.
This prohibition includes eating a limb or flesh removed from an animal that is still halachically considered alive even if the animal is now dead.

In the context of this mitzvah, the Rishonim raise an interesting question. Adam was forbidden to eat meat (see Bereishis 1:29-30), but Noach was permitted to after the Flood (Bereishis 9:3; see Rashi in both places). So why was Adam prohibited from eating flesh of a living animal if he was prohibited from eating meat altogether?

Two differing approaches are presented to answer this question. The Rambam explains that the prohibition to eat meat that was given to Adam was rescinded after the Flood, and it was then that the prohibition of Eiver Min HaChai was commanded to Noach for the first time (Rambam, Hilchos Melachim 9:1). According to this approach, six of the present day "Seven Mitzvos" were commanded to Adam, while the seventh was not commanded until the time of Noach.

Other Rishonim contend that Adam was permitted to eat the meat of an animal that was already dead and only prohibited from killing animals for food. In addition, he was prohibited to eat meat that was removed from a living animal and this prohibition is one of the "Seven Mitzvos" (Rashi, Sanhedrin 57a s.v. limishri, and Bereishis 1:29; Tosafos, Sanhedrin 56b s.v. achal). The first prohibition was rescinded after the Flood, when mankind was permitted to slaughter animals for food. Thus according to the Rambam, Adam was prohibited both from killing animals and from eating any meat, while according to the other Rishonim, he was prohibited from killing animals but allowed to eat meat.

ANIMAL BLOOD

Although a non-Jew may not eat the flesh of a living animal, he may eat blood drawn from a living animal (Rambam, Hilchos Melachim 9:10; cf. Gemara Sanhedrin 56b and 59a, and Rashi, Breishis 9:3). Some African tribesmen extract blood from their livestock, mix it with milk, and drink it for a nutritious beverage. Although we may consider this practice very offensive, it does not violate the mitzvos of a non-Jew in any way.

5. BLASPHEMY.
A non-Jew who curses Hashem is subject to capital punishment if his crime was witnessed. As with his other mitzvos, he may not claim that he was unaware it is forbidden.

6. STEALING.
This prohibition includes taking even a very small item that does not belong to him, eating something of the owners on the job without permission, or not paying employees or contractors (Rambam, Hilchos Melachim 9:9). According to some opinions, it includes not paying workers or contractors on time (Meiri, Sanhedrin).

7. DINIM, literally, laws.
This mitzvah includes the application of civil law code, including the laws of damages, torts, loans, assault, cheating, and commerce (Ramban, Breishis 34:13; cf. Rambam, Hilchos Melachim 9:14). Furthermore, there is a requirement to establish courts in every city and region to guarantee that people observe their mitzvos (Gemara Sanhedrin 56b; Rambam, Hilchos Melachim 9:14).

ARE NON-JEWS REQUIRED TO OBSERVE THE COMMERCIAL LAW OF THE TORAH?

Does the mitzvah of Dinim require non-Jews to establish their own system of law, or is the mitzvah to observe and enforce the Torahs mitzvos, what we would usually refer to as the halachos of Choshen Mishpat?

In a long tshuvah, the Rama (Shu"t #10) contends that this question is disputed by Amorayim in the Gemara. He concludes that non-Jews are required to observe the laws of Choshen Mishpat just like Jews. Following this approach, a non-Jew may not sue in a civil court that uses any system of law other than that of the Torah. Instead, he must litigate in a beis din or in a court of non-Jewish judges who follow halachic guidelines (see Rambam, Hilchos Melachim 10:11). Therefore, a gentile who accepts money on the basis of civil litigation is considered stealing, just like a Jew. The Ramas opinion is accepted by many early poskim (e.g., Tumim 110:3; Shu"t Chasam Sofer, Choshen Mishpat #91).

However, the Netziv disagrees with the Rama, contending that non-Jews are not obligated to observe the laws of Choshen Mishpat. In his opinion, the Torah requires non-Jews to create their own legal rules and procedures. Although a Jew is forbidden from using the non-Jewish court system and laws (see the article published in these pages on Parshas Shoftim), according to the Netziv a non-Jew may use secular courts to resolve his litigation and indeed fulfills a mitzvah when doing so (HaEmek Shaylah #2:3). Other poskim accept this approach (Even HaEzel; Chazon Ish, Bava Kamma 10:1). Several major poskim contend that the dispute between the Rama and Netziv is an earlier dispute between the Rambam and Ramban (Shu"t Maharam Schick, Orach Chayim #142; Shu"t Maharsham 4:86; Shut Avnei Nezer, Choshen Mishpat #55).

What is a non-Jew to do if he must sue someone? May he litigate in civil court or must he sue in beis din? Because this subject is disputed, we would have to decide whether the rule of "safek dioraysa lchumra" (we are strict regarding a doubt concerning a Torah law) applies to a gentile. (Although I have seen no literature on this shaylah, I believe that it is subject to dispute.) If the gentile asks how to proceed in the most mehadrin fashion, we would tell him to take his matter to beis din because this is permitted (and a mitzvah) according to all opinions.

It should be noted that according to both opinions, a non-Jew must observe
dina dimalchusa dinalaws established by civil authorities for the common good. Therefore, he must certainly observe tax codes, traffic laws, building or zoning codes, and regulations against smuggling.

AN INTERESTING SHAYLAH BRIBING A DISHONEST JUDGE

The Chasam Sofer (6:14) was asked the following shaylah: A gentile sued a Jew falsely in a dishonest court. The Jew knew that the gentile judge will rule against him, despite the absence of any evidence. However, bribing the judge may gain a ruling in the Jews favor. May he bribe the dishonest judge to rule honestly?

Chasam Sofer rules that it is permitted. The prohibition against bribing a non-Jew is because a gentile is responsible to have an honest court. However, one may bribe a dishonest judge to rule honestly. (Of course, the Jewish litigant must be absolutely certain that he is right.)

OTHER PROHIBITIONS

In addition to the "Seven Mitzvos," there are other activities that are also prohibited to a non-Jew. According to some opinions, a non-Jew may not graft trees from different species or crossbreed animals (Sanhedrin 56b; Rambam Hilchos Melachim 10:6; Meiri ad loc.; cf. Shach Yoreh Deah 297:3 and Dagul Meirevavah ad loc.; Chazon Ish Kilayim 1:1). Some poskim even prohibit a non-Jew from owning a grafted fruit tree, and a Jew may not sell him such a tree because he is causing a non-Jew to violate his mitzvah (Shut Mahar"i Asad, Yoreh Deah #350; Shut Maharsham 1:179).

Some poskim contend that non-Jews are prohibited from engaging in sorcery (see Kesef Mishneh, Hilchos Avodah Zarah, 11:4). According to this opinion, a non-Jew may not use any type of black magic, necromancy, or fortune telling. However, most opinions disagree (Radbaz to Hilchos Melachim 10:6).

MAY A NON-JEW OBSERVE MITZVOS?

A gentile may not keep Shabbos or a day of rest (without doing melacha) on any day of the week (Gemara Sanhedrin 58b). The reason for this is subject to dispute. Rashi explains that a non-Jew is obligated to work everyday because the Torah writes, "Yom VaLayla Lo Yishbosu," which can be interpreted to mean, "Day and night they (i.e., the non-Jews) may not rest." The Rambam (Hilchos Melachim 10:9), however explains that a gentile is prohibited from making his own holiday, or religious observance because the Torah is opposed to the creation of man-made religions. In the words of the Rambam, "A non-Jew is not permitted to create his own religion or mitzvah. Either he becomes a righteous convert (a ger tzedek) and accepts the observance of all the mitzvos, or he remains with the laws that he has without adding or detracting." A third reason mentioned is that a Jew may mistakenly learn from a gentile who keeps a day of rest and the Jew may create his own mitzvos (Meiri).

Because of this halacha, a non-Jew studying for conversion must perform a small act of Shabbos desecration every Shabbos. There is a dispute among poskim whether this applies to a non-Jew who has undergone bris milah and is awaiting immersion in a mikvah to complete his conversion (Shu"t Binyan Tzion #91).

POSITIVE MITZVOS

You probably noticed that there are few positive mitzvos among the non-Jews commandments. They are required to believe that the mitzvos were commanded by Hashem through Moshe Rabbeinu (Rambam Hilchos Melachim 8:11). They are also obligated to establish courts. A non-Jew is permitted to observe the mitzvos of the Torah, except for those mentioned above (Rambam, Hilchos Melachim 10:10). He is even permitted to offer korbanos (Zevachim 116b).

STUDYING TORAH

The Gemara states that a gentile is not permitted to study Torah (Sanhedrin 59a). One opinion of the Gemara explains that the Torah belongs to the Jewish people and by studying Torah the gentile is "stealing" Jewish property. However, there are many exceptions to this ruling. Firstly, a gentile may study all the halachos applicable to observing his mitzvos (Meiri). Rambam rules that it is a mitzvah to teach a non-Jew the halachos of offering korbanos if he intends to bring them (Rambam, Maasei HaKorbanos 19:16). According to the Ramas opinion that a non-Jew must observe the Torahs civil laws, the gentile may study all the intricate laws of Choshen Mishpat. Furthermore, since a non-Jew is permitted to observe other mitzvos of the Torah (other than those mentioned above), some opinions contend that he may learn the laws of those mitzvos in order to observe them correctly (Meiri, Sanhedrin 58b).

There is a dispute among poskim whether one may teach a non-Jew Torah if the non-Jew is planning to convert. The Meiri (Sanhedrin 58b) and Maharsha (Shabbos 31a s.v. amar lei mikra) rule that it is permitted, whereas Rabbi Akiva Eiger forbids it (Shu"t #41). Others permit teaching Neviim and Kesuvim to non-Jews (Shiltei HaGibborim, Avodah Zarah 20a, quoting Ohr Zarua) and other poskim permit teaching a non-Jew about miracles that the Jews experienced (Shu"t Melamed Lehoil Yoreh Deah #77).

Incidentally, Rav Moshe Feinstein rules that one is permitted to teach Torah to Jews while a non-Jew is listening (Igros Moshe, Yoreh Deah 2:132). For this reason, he permits conducting a seder with a gentile in attendance.

OLAM HABAH FOR A NON-JEW

A gentile who observes his mitzvos because Hashem commanded them through Moshe Rabbeinu is called "Chassidei Umos HaOlam" and merits a place in Olam Habah. Observing these mitzvos carefully does not suffice to make a gentile into a Chassid. He must observe his mitzvos as a commandment of Hashem (Rambam Hilchos Melachim 8:11).

When I was a congregational rabbi, I often met non-Jews who were interested in Judaism. I always presented the option of becoming an observant ben Noach. I vividly recall meeting a woman whose grandfather was Jewish, but who was halachically not Jewish. She was keeping kosher, no small feat in her town - where there was no Jewish community. Although she had come to speak about converting, since we do not encourage this I explained the halachos of Bnei Noach to her instead.

An even more interesting experience occurred to me when I was once making a kashrus inspection at an ice cream plant. A worker there asked me where I was from, and then informed me that he used to attend a Reform Temple two blocks from my house! I was surprised, not expecting to find a Jew in the plant. However, it turned out that he was not Jewish at all, but had stopped attending church after rejecting its beliefs. Now he was concerned because he had stopped attending the Reform Temple that was far from his house. I discussed with him the religious beliefs and observances of Bnei Noach, explaining that they must be meticulously honest in all their business dealings, just like Jews. I told him that Hashem gave mitzvos both to the Jews and to the non-Jews, and that Judaism is the only major religion that does not claim a monopoly on heaven. Non-Jews too merit olam habah if they observe their mitzvos.

Over the years I have noticed that many churchgoing gentiles in the United States have rejected the spurious and strange tenets of Christianity. What they have accepted is that Hashem appeared to Moshe and the Jewish people at Sinai and commanded us about His Mitzvos. This belief is vital for a non-Jew to qualify as Chasidei Umos HaOlam he must accept that the commandments of bnei Noach were commanded to Moshe (Rambam, Hilchos Melachim 8:11).

As Jews, we do not proselytize to gentiles, nor seek converts. However, when we meet sincere non-Jews, we should direct them correctly in their quest for truth through introducing them to the Seven Mitzvos of Bnei Noach (see Tosafos, Chagigah 13a).



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