Thursday, August 4, 2016

The Noachide Dilemma part 2


In a previous series, I brought the words of RAMBAM, showing that his views on conversion are identical to the Talmud, with the exception of the fact that he includes the acceptance of "Jewish fundamentals", which are not included in the Talmudic discussion, nor are they brought in the Shulchan Aruch. Indeed, many question if such fundamentals are actually a part of Judaism. In the case of the Noachide laws, RAMBAM's formulation is uncharacteristically vague. They are also not collected in one place, opening the way for misinterpretation.Also, many of his assertions are challenged by other authorities. Here are his basic principles (Kings and their Wars 8:10-11):
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Moses only gave the Torah and mitzvot as an inheritance to Israel, as Deuteronomy 33:4 states: 'The Torah... is the inheritance of the congregation of Jacob,' and to all those who desire to convert from among the other nations, as Numbers 15:15 states 'the convert shall be the same as you.' However, someone who does not desire to accept Torah and mitzvot, should not be forced to.
By the same regard, Moses was commanded by the Almighty to compel all the inhabitants of the world to accept the commandments given to Noah's descendants.
If one does not accept these commands, he should be executed. A person who formally accepts these commands is called a resident alien. This applies in any place. This acceptance must be made in the presence of three Torah scholars.
Anyone who agrees to circumcise himself and allows twelve months to pass without circumcising himself is considered as one of the nations.
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Anyone who accepts upon himself the fulfillment of these seven mitzvot and is precise in their observance is considered one of 'the pious among the gentiles' and will merit a share in the world to come.
This applies only when he accepts them and fulfills them because the Holy One, blessed be He, commanded them in the Torah and informed us through Moses, our teacher, that Noah's descendants had been commanded to fulfill them previously.
However, if he fulfills them out of intellectual conviction, he is not a resident alien, nor of 'the pious among the gentiles,' nor of their wise men.
The Seven laws are:
Do not deny God.
Do not blaspheme God.
Do not murder.
Do not engage in illicit sexual relations. (Primarily incest, adultery, bestiality, male homosexuality).
Do not steal.
Do not eat of a live animal.
Establish courts/legal system to ensure obedience to the law.
RAMBAM brings more details, scattered through his work. Perhaps we can attribute the lack of clarity to the fact that Jews were not permitted by the Gentile authorities to act on these laws. Indeed, some of RAMBAM's assertions were very dangerous. For example, he declares in another passage that although Islam is Monotheistic (without reproach), Christianity "in all its forms" is idolatry. Interestingly, many European rabbis, both in RAMBAM's time and later, vigorously deny that assertion. Were their favorable view of Christianity as monotheistic their actual belief, or did they say this out of fear? Is the "resident alien" status applicable today? From here it sounds like it is. Elsewhere, he says it isn't. This has been a point of controversy ever since. If it isn't, what place do the "Pious of the Nations" hold? His statement that one must obey these laws, not because of "intellectual conviction", but because of the Torah, does that exclude monotheists of other faiths? Yes, it clearly does. But many other rabbis disagree strongly. RAMBAM's statement about establishing courts to enforce these laws, is elaborated elsewhere as being a requirement to apply the death penalty to any transgression of these laws. Steal a stick of gum, and one faces death. Most other rabbis feel that RAMBAM misinterpreted the sources here, and the rule is that the Court must apply appropriate punishment, which can be up to and including the death penalty, as it deems appropriate.
I will elaborate on these points and their application in subsequent posts. I must, however, editorialize a bit here. (Those offended, please just leave quietly). There was a prominent late 19th century and early 20th century rabbi who made an art of going through RAMBAM's writings with a fine tooth comb; giving great import to every nuance of a phrase, or the use of a particular word when a simpler word could have been used. He established an entire methodology of study around this, still followed by many.. Besides the fact that many of his points have, with the discovery of the oldest manuscripts of RAMBAM, been shown to be copyist's errors, my own view is that RAMBAM, more than any other rabbinic source, says what he means. Ambiguity sometimes can be found, but entire treatises written on the use of as word, can rarely be justified. I will not mention These views in my analysis.Please do not ask who I mean. Had I wanted to name names, i would have. In short, according to RAMBAM, being among the "righteous of the Nations" (Chasidei Umot HaOlam) is a very demanding status, with people very much cut off from general society. But many others see it as anyone who believes in one G-d, and lives a good and moral life. More to come.

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