Taken from Israel Shahak's (he himslef was a Jewish and was victim of anti-semitism) book "Jewish History, Jewish Religion: The Weight of Three Thousand Years"
More info --> http://en.wikipedia.org/wiki/Israel_Shahak
In light of the below idelogy i ponder if anyone gentile(A person of no-Jewish orogin can live in peace in Israel) ???
When the victim is a Gentile, the position is quite different. A Jew who murders a Gentile is guilty only of a sin against the laws of Heaven, not punishable by a court.1 To cause indirectly the death of a Gentile is no sin at all.2
Thus, one of the two most important commentators on the Shulhan Arukh explains that when it comes to a Gentile, 'one must not lift one's hand to harm him, but one may harm him indirectly, for instance by removing a ladder after he had fallen into a crevice .., there is no prohibition here, because it was not done directly:3 He points out, however, that an act leading indirectly to a Gentile's death is forbidden if it may cause the spread of hostility towards Jews.Ref-4.
The first such official exhortation was included in a booklet published by the Central Region Command of the Israeli Army, whose area includes the West Bank. In this booklet the Command's Chief Chaplain writes:
Since even the minimal interdiction against murdering a Gentile outright applies only to 'Gentiles with whom we [the Jews] are not at war', various rabbinical commentators in the past drew the logical conclusion that in wartime all Gentiles belonging to a hostile population may, or even should be killed.6 Since 1973 this doctrine is being publicly propagated for the guidance of religious Israeli soldiers. When our forces come across civilians during a war or in hot pursuit or in a raid, so long as there is no certainty that those civilians are incapable of harming our forces, then according to the Halakhah they may and even should be killed... Under no circumstances should an Arab be trusted, even if he makes an impression of being civilized ... In war, when our forces storm the enemy, they are allowed and even enjoined by the Halakhah to kill even good civilians, that is, civilians who are ostensibly good.7
"As for Gentiles with whom we are not at war ... their death must not be caused, but it is forbidden to save them if they are at the point of death; if, for example, one of them is seen falling into the sea, he should not be rescued, for it is written: 'neither shalt thou stand against the blood of thy fellow'17 - but [a Gentile] is not thy fellow."
In particular, a Jewish doctor must not treat a Gentile patient. Maimonides - himself an illustrious physician - is quite explicit on this; in another passage18 he repeats the distinction between 'thy fellow' and a Gentile, and concludes: 'and from this learn ye, that it is forbidden to heal a Gentile even for payment...'
the 14th century Arba'ah Turirn and Karo's Beyt Yosef and Shulhan 'Arukh.19 Beyt Yosef adds, quoting Maimonides: 'And it is permissible to try out a drug on a heathen, if this serves a purpose'; and this is repeated also by the famous R. Moses Isserles.
First, there is a problem where a group of people are in danger, and it is possible (but not certain) that there is at least one Jew among them: should the sabbath be desecrated in order to save them? There is an extensive discussion of such cases. Following earlier authorities, including Maimonides and the Talmud itself, the Shulhan Arukh 22 decides these matters according to the weight of probabilities. For example, suppose nine Gentiles and one Jew live in the same building. One Saturday the building collapses; one of the ten - it is not known which one - is away, but the other nine are trapped under the rubble. Should the rubble be cleared, thus desecrating the sabbath, seeing that the Jew may not be under it (he may have been the one that got away)? The Shulhan 'Arukh says that it should, presumably because the odds that the Jew is under the rubble are high (nine to one). But now suppose that nine have got away and only one - again, it is not known which one - is trapped. Then there is no duty to clear the rubble, presumably because this time there are long odds (nine to one) against the Jew being the person trapped. Similarly: 'If a boat containing some Jews is seen to be in peril upon the sea, it is a duty incumbent upon all to desecrate the sabbath in order to save it.' However, the great R. 'Aqiva Eiger (died 1837) comments that this applies only 'when it is known that there are Jews on board. But ... if nothing at all is known about the identity of those on board, [the sabbath] must not be desecrated, for one acts according to [the weight of probabilities, and] the majority of people in the world are Gentiles .23 Thus, since there are very long odds against any of the passengers being Jewish, they must be allowed to drown
Secondly, the provision that a Gentile may be saved or cared for in order to avert the danger of hostility is curtailed on the sabbath. A Jew called upon to help a Gentile on a weekday may have to comply because to admit that he is not allowed, in principle, to save the life of a non-Jew would be to invite hostility. But on Saturday the Jew can use sabbath observance as a plausible excuse. A paradigmatic case discussed at length in the Talmud24 is that of a Jewish midwife invited to help a Gentile woman in childbirth. The upshot is that the midwife is allowed to help on a weekday 'for fear of hostility', but on the sabbath she must not do so, because she can excuse herself by saying: 'We are allowed to desecrate the sabbath only for our own, who observe the sabbath, but for your people, who do not keep the sabbath, we are not allowed to desecrate it.' Is this explanation a genuine one or merely an excuse? Maimonides clearly thinks that it is just an excuse, which can be used even if the task that the midwife is invited to do does not actually involve any desecration of the sabbath. Presumably, the excuse will work just as well even in this case, because Gentiles are generally in the dark as to precisely which kinds of work are banned for Jews on the sabbath. At any rate, he decrees: 'A Gentile woman must not be helped in childbirth on the sabbath, even for payment; nor must one fear hostility, even when [such help involves] no desecration of the sabbath.' The Shulhan 'Arukh decrees likewise.25
The whole subject is extensively discussed in the responsa of R. Moshe Sofer - better known as 'Ilatam Sofer' - the famous rabbi of Pressburg (Bratislava) who died in 1832. His conclusions are of more than historical interest, since in 1966 one of his responsa was publicly endorsed by the then Chief Rabbi of Israel as 'a basic institution of the Halakhah'.28 The particular question asked of Ratam Sofer concerned the situation in Turkey, where it was decreed during one of the wars that in each township or village there should be midwives on call, ready to hire themselves out to any woman in labor. Some of these midwives were Jewish; should they hire themselves out to help Gentile women on weekdays and on the sabbath?
In his Tesponsum,29 Hatam Sofer first concludes, after careful investigation, that the Gentiles concerned - that is, Ottoman Christians and Muslims - are not only idolators 'who definitely worship other gods and thus should "neither be lifted [out of a well] nor hauled down",' but are likened by him to the Amalekites, so that the talmudic ruling 'it is forbidden to multiply the seed of Amalek' applies to them. In principle, therefore, they should not be helped even on week- days. However, in practice it is 'permitted' to heal Gentiles and help them in labor, if they have doctors and midwives of their own, who could be called instead of the Jewish ones. For if Jewish doctors and midwives refused to attend to Gentiles, the only result would be loss of income to the former - which is of course undesirable. This applies equally on weekdays and on the sabbath, provided no desecration of the sabbath is involved. However, in the latter case the sabbath can serve as an excuse to 'mislead the heathen woman and say that it would involve desecration of the sabbath'.
Another responsuin of Hatam Sofer~O deals with the question whether it is permissible for a Jewish doctor to travel by carriage on the sabbath in order to heal a Gentile. After pointing out that under certain conditions traveling by horse- drawn carriage on the sabbath only violates a ban imposed 'by the sages' rather than by the Torah, he goes on to recall Maimonides' pronouncement that Gentile women in labor must not be helped on the sabbath, even if no desecration of the sabbath is involved, and states that the same principle applies to all medical practice, not just midwifery. But he then voices the fear that if this were put into practice, 'it would arouse undesirable hostility,' for 'the Gentiles would not accept the excuse of sabbath observance,' and 'would say that the blood of an idolator has little worth in our eyes'. Also, perhaps more importantly, Gentile doctors might take revenge on their Jewish patients. Better excuses must be found. He advises a Jewish doctor who is called to treat a Gentile patient out of town on the sabbath to excuse himself by saying that he is required to stay in town in order to look after his other patients, 'for he can use this in order to say, "I cannot move because of the danger to this or that patient, who needs a ~doctor first, and I may not desert my charge"
book published in English under the title Jewish Medical Law.33 This book, which bears the imprint of the prestigious Israeli foundation Mossad Harav Kook, is based on the responsa of R. Eli'ezer Yehuda Waldenberg, Chief Justice of the Rabbinical District Court of Jerusalem. A few passages of this work deserve special mention.
First, 'it is forbidden to desecrate the sabbath ... for a Karaite.'34 This is stated bluntly, absolutely and without any further qualification. Presumably the hostility of this small sect makes no difference, so they should be allowed to die rather than be treated on the sabbath.
As for Gentiles: 'According to the ruling stated in the Talmud and Codes of Jewish Law, it is forbidden to desecrate the Sabbath - whether violating Biblical or rabbinic law - in order to save the life of a dangerously ill gentile patient. It is also forbidden to deliver the baby of a gentile women on the Sabbath.'35
But this is qualified by a dispensation: 'However, today it is permitted to desecrate the Sabbath on behalf of a Gentile by performing actions prohibited by rabbinic law, for by so doing one prevents ill feelings from arising between Jew and Gentile.'36
The solution hangs upon a nice point of talmudic law. A ban imposed by the Torah on performing a given act on the sabbath is presumed to apply only when the primary intention in performing it is the actual outcome of the act. (For example. grinding wheat is presumed to be banned by the Torah only if the purpose is actually to obtain flour.) On the other hand, if the performance of the same act is merely incidental to some other purpose (melakhah seh'eynah tzrikhah legufah) then the act changes its status - it is still forbidden, to be sure, but only by the sages rather than by the Torah itself. Therefore: In order to avoid any transgression of the law, there is a legally acceptable method of rendering treatment on behalf of a gentile patient even when dealing with violation of Biblical Law. It is suggested that at the time that the physician is providing the necessary care, his intentions should not primarily be to cure the patient, but to protect himself and the Jewish people from accusations of religious discrimination and severe retaliation that may endanger him in pa,~rticular and the Jewish people in general. With this intention, any act on the physician's part becomes an act whose actual outcome is not its primary purpose' ... which is forbidden on Sabbath only by rabbinic law.37
This hypocritical substitute for the Hippocratic oath is also proposed by a recent authoritative Hebrew book.38
The Halakhah presumes all Gentiles to be utterly promiscuous and the verse 'whose flesh is as the flesh of asses, and whose issue [of semen] is like the issue of horses'40 is applied to them.
Therefore, the concept of adultery also does not apply to intercourse between a Jewish man and a Gentile woman; rather, the Talmud41 equates such intercourse to the sin of bestiality. (For the same reason, Gentiles are generally presumed not to have certain paternity.)
This does not imply that sexual intercourse between a Jewish man and a Gentile woman is permitted - quite the contrary. But the main punishment is inflicted on the Gentile woman; she must be executed, even if she was raped by the Jew: 'If a Jew has coitus with a Gentile woman, whether she be a child of three or an adult, whether married or unmarried, and even if he is a minor aged only nine years and one day - because he had willful coitus with her, she must be killed, as is the case with a beast, because through her a Jew got into trouble'45 The Jew, however, must be flogged, and if he is a Kohen (member of the priestly tribe) he must receive double the number of lashes, because he has committed a double offense: a Kohen must not have intercourse with a prostitute, and all Gentile women are presumed to be prostitutes.46
A problem therefore arises when a rabbinical court needs to establish a fact for which there are only Gentile witnesses. An important example of this is in cases concerning widows: by Jewish religious law, a woman can be declared a widow - and hence free to remarry - only if the death of her husband is proven with certainty by means of a witness who saw him die or identified his corpse. However, the rabbinical court will accept the hearsay evidence of a Jew who testifies to having heard the fact in question mentioned by a Gentile eyewitness, provided the court is satisfied that the latter was speaking casually ('goy mesiah left tummd) rather than in reply to a direct question; for a Gentile's direct answer to a Jew's direct question is presumed to be a lie.47 If necessary, a Jew (preferably a rabbi) will actually undertake to chat up the Gentile eyewitness and, without asking a direct question, extract from him a casual statement of the fact at issue.
Taking of interest. Anti-Gentile discrimination in this matter has become largely theoretical, in view of the dispensation (explained in Chapter 3) which in effect allows interest to be exacted even from a Jewish borrower. However, it is still the case that granting an interest-free loan to a Jew is recommended as an act of charity, but from a Gentile borrower it is mandatory to exact interest. In fact, many - though not all - rabbinical authorities, including Maimonides, consider it mandatory to exact as much usury as possible on a loan to a Gentile.
Lost property. If a Jew finds property whose probable owner is Jewish, the finder is strictly enjoined to make a positive effort to return his find by advertising it publicly. In contrast, the Talmud and all the early rabbinical authorities not only allow a Jewish finder to appropriate an article lost by a Gentile, but actually forbid him or her to return it.48 In more recent times, when laws were passed in most countries making it mandatory to return lost articles, the rabbinical authorities instructed Jews to do what these laws say, as an act of civil obedience to the state - but not as a religious duty, that is without making a positive effort to discover the owner if it is not probable that he is Jewish.
Deception in business. It is a grave sin to practice any kind of deception whatsoever against a Jew. Against a Gentile it is only forbidden to practice direct deception. Indirect deception is allowed, unless it is likely to cause hostility towards Jews or insult to the Jewish religion. The paradigmatic example is mistaken calculation of the price during purchase. If a Jew makes a mistake unfavorable to himself, it is one's religious duty to correct him. If a Gentile is spotted making such a mistake, one need not let him know about it, but say 'I rely on your calculation', so as to forestall his hostility in case he subsequently discovers his own mistake.
Fraud. It is forbidden to defraud a Jew by selling or buying at an unreasonable price. However, 'Fraud does not apply to Gentiles, for it is written: "Do not defraud each man his brother";49 but a Gentile who defrauds a Jew should be compelled to make good the fraud, but should not be punished more severely than a Jew [in a similar case].'50
Theft and robbery. Stealing (without violence) is absolutely forbidden - as the Shulhan 'Arukh so nicely puts it: 'even from a Gentile'. Robbery (with violence) is strictly forbidden if the victim is Jewish. However, robbery of a Gentile by a Jew is not forbidden outright but only under certain circumstances such as 'when the Gentiles are not under our rule', but is permitted 'when they are under our rule'. Rabbinical authorities differ among themselves as to the precise details of the circumstances under which a Jew may rob a Gentile, but the whole debate is concerned only with the relative power of Jews and Gentiles rather than with universal considerations of justice and humanity. This may explain why so very few rabbis have protested against the robbery of Palestinian property in Israel: it was backed by overwhelming Jewish power.
I shall now list a few of the special laws concerning Gentiles in the Land of Israel. Their connection with actual zionist practice will be quite apparent.
The Halakhah forbids Jews to sell immovable property - fields and houses - in the Land of Israel to Gentiles. In Syria, the sale of houses (but not of fields) is permitted.
Leasing a house in the Land of Israel to a Gentile is permitted under two conditions. First, that the house shall not be used for habitation but for other purposes, such as storage. Second, that three or more adjoining houses shall not be so leased.
'so that you shall not allow them to camp on the ground, for if they do not possess land, their sojourn there will be temporary.'52 Even temporary Gentile presence may only be tolerated 'when the Jews are in exile, or when the Gentiles are more powerful than the Jews,' but when the Jews are more powerful than the Gentiles we are forbidden to let an idolator among us; even a temporary resident or itinerant trader shall not be allowed to pass through our land unless he accepts the seven Noahide precepts,53 for it is written: 'they shall not dwell in thy land'54 that is, not even temporarily. If he accepts the seven Noahide precepts, he becomes a resident alien (ger toshav) but it is forbidden to grant the status of resident alien except at times when the Jubilee is held [that is, when the Temple stands and sacrifices are offered]. However, during times when Jubilees are not held it is forbidden to accept anyone who is not a full convert to Judaism (ger tzedeq).55
Influential rabbis, who have a considerable following among Israeli army officers, identify the Palestinians (or even all Arabs) with those ancient nations, so that commands like 'thou shalt save alive nothing that breatheth'56 acquire a topical meaning. In fact, it is not uncommon for reserve soldiers called up to do a tour of duty in the Gaza Strip to be given an 'educational lecture' in which they are told that the Palestinians of Gaza are 'like the Amalekites'. Biblical verses exhorting to genocide of the Midianite57 were solemnly quoted by an important Israeli rabbi in justification of the Qibbiya massacre,58 and this pronouncement has gained wide circulation in the Israeli army. There are many similar examples of bloodthirsty rabbinical pronouncements against the Palestinians, based on these laws.
After 1967, several congregations close to Gush Emunim have restored the first version (so far only verbally, not in print) and now pray daily that the Christians may perish instantly'.
This process of reversion happened in the period when the Catholic Church (under Pope John XXIII) removed from its Good Friday service a prayer which asked the Lord to have mercy on Jews, heretics etc. This prayer was thought by most Jewish leaders to be offensive and even antisemitic.
the Talmud lays down63 that a Jew who passes near an inhabited non-Jewish dwelling must ask God to destroy it, whereas if the building is in ruins he must thank the Lord of Vengeance. (Naturally, the rules are reversed for Jewish houses.) This rule was easy to keep for Jewish peasants who lived in their own villages or for small urban communities living in all-Jewish townships or quarters. Under the conditions of classical Judaism, however, it became impracticable and was therefore confined to churches and places of worship of other religions (except Islam).64In this connection, the rule was further embroidered by custom: it became customary to spit (usually three times) upon seeing a church or a crucifix, as an embellishment to the obligatory formula of regret.65 Sometimes insulting biblical verses were also added.66
There is also a series of rules forbidding any expression of praise for Gentiles or for their deeds, except where such praise implies an even greater praise of Jews and things Jewish. This rule is still observed by Orthodox Jews. For example. the writer Agnon, when interviewed on the Israeli radio upon his return from Stockholm, where he received the Nobel Prize for literature, praised the Swedish Academy, but hastened to add: 'I am not forgetting that it is forbidden to praise Gentiles, but here there is a special reason for my praise' - that is, that they awarded the prize to a Jew.
A religious Jew must not drink any wine in whose preparation a Gentile had any part whatsoever. Wine in an open bottle, even if prepared wholly by Jews, becomes banned if a Gentile so much as touches the bottle or passes a hand over it. The reason given by the rabbis is that all Gentiles are not only idolators but must be presumed to be malicious to boot, so that they are likely to dedicate (by a whisper, gesture or thought) as 'libation' to their idol any wine which a Jew is about to drink. This law applies in full force to all Christians, and in a slightly attenuated form also to Muslims. (An open bottle of wine touched by a Christian must be poured away, but if touched by a Muslim it can be sold or given away, although it may not be drunk by a Jew.) The law applies equally to Gentile atheists (how can one be sure that they are not merely pretending to be atheists?) but not to Jewish atheists.
I have chosen the one which is currently most popular in Israel and has been reprinted in many cheap editions, heavily subsidized by the Israeli government. It is The Book of Education, written by an anonymous rabbi in early 14th century Spain. It explains the 613 religious obligations (mitzvot) of Judaism in the order in which they are supposed to be found in the Pentateuch according to the talmudic interpretation (discussed in Chapter 3). It owes its lasting influence and popularity to the clear and easy Hebrew style in which it is written.
A central didactic aim of this book is to emphasize the 'correct' meaning of the Bible with respect to such terms as 'fellow', 'friend' or 'man' (which we have referred to in Chapter 3). Thus §219, devoted to the religious obligation arising from the verse 'thou shalt love thy fellow as thyself', is entitled: 'A religious obligation to love Jews', and explains:
To love every Jew strongly means that we should care for a Jew and his money just as one cares for oneself and one's own money, for it is written: 'thou shalt love thy fellow as thyself' and our sages of blessed memory said: 'what is hateful to you do not do to your friend' ... and many other religious obligations follow from this, because one who loves one's friend as oneself will not steal his money, or commit adultery with his wife, or defraud him of his money, or deceive him verbally, or steal his land, or harm him in any way. Also many other religious obligations depend on this, as is known to any reasonable man.
In §322, dealing with the duty to keep a Gentile slave enslaved for ever (whereas a Jewish slave must be set free after seven years), the following explanation is given:
And at the root of this religious obligation [is the fact that] the Jewish people are the best of the human species, created to know their Creator and worship Him, and worthy of having slaves to serve them. And if they will not have slaves of other peoples, they would have to enslave their brothers, who would thus be unable to serve the Lord, blessed be He. Therefore we are commanded to possess those for our service, after they are prepared for this and after idolatory is removed from their speech so that there should not be danger in our houses,68 and this is the intention of the verse 'but over your brethren the children of Israel, ye shall not rule one over another with rigor',69 so that you will not have to enslave your brothers, who are all ready to worship God.
In §545, dealing with the religious obligation to exact interest on money lent to Gentiles, the law is stated as follows: 'That we are commanded to demand interest from Gentiles when we lend money to them, and we must not lend to them without interest,' The explanation is:
And at the root of this religious obligation is that we should not do any act of mercy except to the people who know God and worship Him; and when we refrain from doing merciful deed to the rest of mankind and do so only to the former, we are being tested that the main part of love and mercy to them is because they follow the religion of God, blessed be He. Behold, with this intention our reward [from God] when we withhold mercy from the others is equal to that for doing [merciful deeds] to members of our own people.
The ban against following Gentile customs (§262) means that Jews must not only 'remove themselves' from Gentiles, but also 'speak ill of all their behavior, even of their dress'.
Christianity and Jesus
According to the Talmud, Jesus was executed by a proper rabbinical court for idolatry, inciting other Jews to idolatry, and contempt of rabbinical authority. All classical Jewish sources which mention his execution are quite happy to take responsibility for it; in the talmudic account the Romans are not even mentioned.
More info --> http://en.wikipedia.org/wiki/Israel_Shahak
In light of the below idelogy i ponder if anyone gentile(A person of no-Jewish orogin can live in peace in Israel) ???
When the victim is a Gentile, the position is quite different. A Jew who murders a Gentile is guilty only of a sin against the laws of Heaven, not punishable by a court.1 To cause indirectly the death of a Gentile is no sin at all.2
Thus, one of the two most important commentators on the Shulhan Arukh explains that when it comes to a Gentile, 'one must not lift one's hand to harm him, but one may harm him indirectly, for instance by removing a ladder after he had fallen into a crevice .., there is no prohibition here, because it was not done directly:3 He points out, however, that an act leading indirectly to a Gentile's death is forbidden if it may cause the spread of hostility towards Jews.Ref-4.
The first such official exhortation was included in a booklet published by the Central Region Command of the Israeli Army, whose area includes the West Bank. In this booklet the Command's Chief Chaplain writes:
Since even the minimal interdiction against murdering a Gentile outright applies only to 'Gentiles with whom we [the Jews] are not at war', various rabbinical commentators in the past drew the logical conclusion that in wartime all Gentiles belonging to a hostile population may, or even should be killed.6 Since 1973 this doctrine is being publicly propagated for the guidance of religious Israeli soldiers. When our forces come across civilians during a war or in hot pursuit or in a raid, so long as there is no certainty that those civilians are incapable of harming our forces, then according to the Halakhah they may and even should be killed... Under no circumstances should an Arab be trusted, even if he makes an impression of being civilized ... In war, when our forces storm the enemy, they are allowed and even enjoined by the Halakhah to kill even good civilians, that is, civilians who are ostensibly good.7
"As for Gentiles with whom we are not at war ... their death must not be caused, but it is forbidden to save them if they are at the point of death; if, for example, one of them is seen falling into the sea, he should not be rescued, for it is written: 'neither shalt thou stand against the blood of thy fellow'17 - but [a Gentile] is not thy fellow."
In particular, a Jewish doctor must not treat a Gentile patient. Maimonides - himself an illustrious physician - is quite explicit on this; in another passage18 he repeats the distinction between 'thy fellow' and a Gentile, and concludes: 'and from this learn ye, that it is forbidden to heal a Gentile even for payment...'
the 14th century Arba'ah Turirn and Karo's Beyt Yosef and Shulhan 'Arukh.19 Beyt Yosef adds, quoting Maimonides: 'And it is permissible to try out a drug on a heathen, if this serves a purpose'; and this is repeated also by the famous R. Moses Isserles.
First, there is a problem where a group of people are in danger, and it is possible (but not certain) that there is at least one Jew among them: should the sabbath be desecrated in order to save them? There is an extensive discussion of such cases. Following earlier authorities, including Maimonides and the Talmud itself, the Shulhan Arukh 22 decides these matters according to the weight of probabilities. For example, suppose nine Gentiles and one Jew live in the same building. One Saturday the building collapses; one of the ten - it is not known which one - is away, but the other nine are trapped under the rubble. Should the rubble be cleared, thus desecrating the sabbath, seeing that the Jew may not be under it (he may have been the one that got away)? The Shulhan 'Arukh says that it should, presumably because the odds that the Jew is under the rubble are high (nine to one). But now suppose that nine have got away and only one - again, it is not known which one - is trapped. Then there is no duty to clear the rubble, presumably because this time there are long odds (nine to one) against the Jew being the person trapped. Similarly: 'If a boat containing some Jews is seen to be in peril upon the sea, it is a duty incumbent upon all to desecrate the sabbath in order to save it.' However, the great R. 'Aqiva Eiger (died 1837) comments that this applies only 'when it is known that there are Jews on board. But ... if nothing at all is known about the identity of those on board, [the sabbath] must not be desecrated, for one acts according to [the weight of probabilities, and] the majority of people in the world are Gentiles .23 Thus, since there are very long odds against any of the passengers being Jewish, they must be allowed to drown
Secondly, the provision that a Gentile may be saved or cared for in order to avert the danger of hostility is curtailed on the sabbath. A Jew called upon to help a Gentile on a weekday may have to comply because to admit that he is not allowed, in principle, to save the life of a non-Jew would be to invite hostility. But on Saturday the Jew can use sabbath observance as a plausible excuse. A paradigmatic case discussed at length in the Talmud24 is that of a Jewish midwife invited to help a Gentile woman in childbirth. The upshot is that the midwife is allowed to help on a weekday 'for fear of hostility', but on the sabbath she must not do so, because she can excuse herself by saying: 'We are allowed to desecrate the sabbath only for our own, who observe the sabbath, but for your people, who do not keep the sabbath, we are not allowed to desecrate it.' Is this explanation a genuine one or merely an excuse? Maimonides clearly thinks that it is just an excuse, which can be used even if the task that the midwife is invited to do does not actually involve any desecration of the sabbath. Presumably, the excuse will work just as well even in this case, because Gentiles are generally in the dark as to precisely which kinds of work are banned for Jews on the sabbath. At any rate, he decrees: 'A Gentile woman must not be helped in childbirth on the sabbath, even for payment; nor must one fear hostility, even when [such help involves] no desecration of the sabbath.' The Shulhan 'Arukh decrees likewise.25
The whole subject is extensively discussed in the responsa of R. Moshe Sofer - better known as 'Ilatam Sofer' - the famous rabbi of Pressburg (Bratislava) who died in 1832. His conclusions are of more than historical interest, since in 1966 one of his responsa was publicly endorsed by the then Chief Rabbi of Israel as 'a basic institution of the Halakhah'.28 The particular question asked of Ratam Sofer concerned the situation in Turkey, where it was decreed during one of the wars that in each township or village there should be midwives on call, ready to hire themselves out to any woman in labor. Some of these midwives were Jewish; should they hire themselves out to help Gentile women on weekdays and on the sabbath?
In his Tesponsum,29 Hatam Sofer first concludes, after careful investigation, that the Gentiles concerned - that is, Ottoman Christians and Muslims - are not only idolators 'who definitely worship other gods and thus should "neither be lifted [out of a well] nor hauled down",' but are likened by him to the Amalekites, so that the talmudic ruling 'it is forbidden to multiply the seed of Amalek' applies to them. In principle, therefore, they should not be helped even on week- days. However, in practice it is 'permitted' to heal Gentiles and help them in labor, if they have doctors and midwives of their own, who could be called instead of the Jewish ones. For if Jewish doctors and midwives refused to attend to Gentiles, the only result would be loss of income to the former - which is of course undesirable. This applies equally on weekdays and on the sabbath, provided no desecration of the sabbath is involved. However, in the latter case the sabbath can serve as an excuse to 'mislead the heathen woman and say that it would involve desecration of the sabbath'.
Another responsuin of Hatam Sofer~O deals with the question whether it is permissible for a Jewish doctor to travel by carriage on the sabbath in order to heal a Gentile. After pointing out that under certain conditions traveling by horse- drawn carriage on the sabbath only violates a ban imposed 'by the sages' rather than by the Torah, he goes on to recall Maimonides' pronouncement that Gentile women in labor must not be helped on the sabbath, even if no desecration of the sabbath is involved, and states that the same principle applies to all medical practice, not just midwifery. But he then voices the fear that if this were put into practice, 'it would arouse undesirable hostility,' for 'the Gentiles would not accept the excuse of sabbath observance,' and 'would say that the blood of an idolator has little worth in our eyes'. Also, perhaps more importantly, Gentile doctors might take revenge on their Jewish patients. Better excuses must be found. He advises a Jewish doctor who is called to treat a Gentile patient out of town on the sabbath to excuse himself by saying that he is required to stay in town in order to look after his other patients, 'for he can use this in order to say, "I cannot move because of the danger to this or that patient, who needs a ~doctor first, and I may not desert my charge"
book published in English under the title Jewish Medical Law.33 This book, which bears the imprint of the prestigious Israeli foundation Mossad Harav Kook, is based on the responsa of R. Eli'ezer Yehuda Waldenberg, Chief Justice of the Rabbinical District Court of Jerusalem. A few passages of this work deserve special mention.
First, 'it is forbidden to desecrate the sabbath ... for a Karaite.'34 This is stated bluntly, absolutely and without any further qualification. Presumably the hostility of this small sect makes no difference, so they should be allowed to die rather than be treated on the sabbath.
As for Gentiles: 'According to the ruling stated in the Talmud and Codes of Jewish Law, it is forbidden to desecrate the Sabbath - whether violating Biblical or rabbinic law - in order to save the life of a dangerously ill gentile patient. It is also forbidden to deliver the baby of a gentile women on the Sabbath.'35
But this is qualified by a dispensation: 'However, today it is permitted to desecrate the Sabbath on behalf of a Gentile by performing actions prohibited by rabbinic law, for by so doing one prevents ill feelings from arising between Jew and Gentile.'36
The solution hangs upon a nice point of talmudic law. A ban imposed by the Torah on performing a given act on the sabbath is presumed to apply only when the primary intention in performing it is the actual outcome of the act. (For example. grinding wheat is presumed to be banned by the Torah only if the purpose is actually to obtain flour.) On the other hand, if the performance of the same act is merely incidental to some other purpose (melakhah seh'eynah tzrikhah legufah) then the act changes its status - it is still forbidden, to be sure, but only by the sages rather than by the Torah itself. Therefore: In order to avoid any transgression of the law, there is a legally acceptable method of rendering treatment on behalf of a gentile patient even when dealing with violation of Biblical Law. It is suggested that at the time that the physician is providing the necessary care, his intentions should not primarily be to cure the patient, but to protect himself and the Jewish people from accusations of religious discrimination and severe retaliation that may endanger him in pa,~rticular and the Jewish people in general. With this intention, any act on the physician's part becomes an act whose actual outcome is not its primary purpose' ... which is forbidden on Sabbath only by rabbinic law.37
This hypocritical substitute for the Hippocratic oath is also proposed by a recent authoritative Hebrew book.38
The Halakhah presumes all Gentiles to be utterly promiscuous and the verse 'whose flesh is as the flesh of asses, and whose issue [of semen] is like the issue of horses'40 is applied to them.
Therefore, the concept of adultery also does not apply to intercourse between a Jewish man and a Gentile woman; rather, the Talmud41 equates such intercourse to the sin of bestiality. (For the same reason, Gentiles are generally presumed not to have certain paternity.)
This does not imply that sexual intercourse between a Jewish man and a Gentile woman is permitted - quite the contrary. But the main punishment is inflicted on the Gentile woman; she must be executed, even if she was raped by the Jew: 'If a Jew has coitus with a Gentile woman, whether she be a child of three or an adult, whether married or unmarried, and even if he is a minor aged only nine years and one day - because he had willful coitus with her, she must be killed, as is the case with a beast, because through her a Jew got into trouble'45 The Jew, however, must be flogged, and if he is a Kohen (member of the priestly tribe) he must receive double the number of lashes, because he has committed a double offense: a Kohen must not have intercourse with a prostitute, and all Gentile women are presumed to be prostitutes.46
A problem therefore arises when a rabbinical court needs to establish a fact for which there are only Gentile witnesses. An important example of this is in cases concerning widows: by Jewish religious law, a woman can be declared a widow - and hence free to remarry - only if the death of her husband is proven with certainty by means of a witness who saw him die or identified his corpse. However, the rabbinical court will accept the hearsay evidence of a Jew who testifies to having heard the fact in question mentioned by a Gentile eyewitness, provided the court is satisfied that the latter was speaking casually ('goy mesiah left tummd) rather than in reply to a direct question; for a Gentile's direct answer to a Jew's direct question is presumed to be a lie.47 If necessary, a Jew (preferably a rabbi) will actually undertake to chat up the Gentile eyewitness and, without asking a direct question, extract from him a casual statement of the fact at issue.
Taking of interest. Anti-Gentile discrimination in this matter has become largely theoretical, in view of the dispensation (explained in Chapter 3) which in effect allows interest to be exacted even from a Jewish borrower. However, it is still the case that granting an interest-free loan to a Jew is recommended as an act of charity, but from a Gentile borrower it is mandatory to exact interest. In fact, many - though not all - rabbinical authorities, including Maimonides, consider it mandatory to exact as much usury as possible on a loan to a Gentile.
Lost property. If a Jew finds property whose probable owner is Jewish, the finder is strictly enjoined to make a positive effort to return his find by advertising it publicly. In contrast, the Talmud and all the early rabbinical authorities not only allow a Jewish finder to appropriate an article lost by a Gentile, but actually forbid him or her to return it.48 In more recent times, when laws were passed in most countries making it mandatory to return lost articles, the rabbinical authorities instructed Jews to do what these laws say, as an act of civil obedience to the state - but not as a religious duty, that is without making a positive effort to discover the owner if it is not probable that he is Jewish.
Deception in business. It is a grave sin to practice any kind of deception whatsoever against a Jew. Against a Gentile it is only forbidden to practice direct deception. Indirect deception is allowed, unless it is likely to cause hostility towards Jews or insult to the Jewish religion. The paradigmatic example is mistaken calculation of the price during purchase. If a Jew makes a mistake unfavorable to himself, it is one's religious duty to correct him. If a Gentile is spotted making such a mistake, one need not let him know about it, but say 'I rely on your calculation', so as to forestall his hostility in case he subsequently discovers his own mistake.
Fraud. It is forbidden to defraud a Jew by selling or buying at an unreasonable price. However, 'Fraud does not apply to Gentiles, for it is written: "Do not defraud each man his brother";49 but a Gentile who defrauds a Jew should be compelled to make good the fraud, but should not be punished more severely than a Jew [in a similar case].'50
Theft and robbery. Stealing (without violence) is absolutely forbidden - as the Shulhan 'Arukh so nicely puts it: 'even from a Gentile'. Robbery (with violence) is strictly forbidden if the victim is Jewish. However, robbery of a Gentile by a Jew is not forbidden outright but only under certain circumstances such as 'when the Gentiles are not under our rule', but is permitted 'when they are under our rule'. Rabbinical authorities differ among themselves as to the precise details of the circumstances under which a Jew may rob a Gentile, but the whole debate is concerned only with the relative power of Jews and Gentiles rather than with universal considerations of justice and humanity. This may explain why so very few rabbis have protested against the robbery of Palestinian property in Israel: it was backed by overwhelming Jewish power.
I shall now list a few of the special laws concerning Gentiles in the Land of Israel. Their connection with actual zionist practice will be quite apparent.
The Halakhah forbids Jews to sell immovable property - fields and houses - in the Land of Israel to Gentiles. In Syria, the sale of houses (but not of fields) is permitted.
Leasing a house in the Land of Israel to a Gentile is permitted under two conditions. First, that the house shall not be used for habitation but for other purposes, such as storage. Second, that three or more adjoining houses shall not be so leased.
'so that you shall not allow them to camp on the ground, for if they do not possess land, their sojourn there will be temporary.'52 Even temporary Gentile presence may only be tolerated 'when the Jews are in exile, or when the Gentiles are more powerful than the Jews,' but when the Jews are more powerful than the Gentiles we are forbidden to let an idolator among us; even a temporary resident or itinerant trader shall not be allowed to pass through our land unless he accepts the seven Noahide precepts,53 for it is written: 'they shall not dwell in thy land'54 that is, not even temporarily. If he accepts the seven Noahide precepts, he becomes a resident alien (ger toshav) but it is forbidden to grant the status of resident alien except at times when the Jubilee is held [that is, when the Temple stands and sacrifices are offered]. However, during times when Jubilees are not held it is forbidden to accept anyone who is not a full convert to Judaism (ger tzedeq).55
Influential rabbis, who have a considerable following among Israeli army officers, identify the Palestinians (or even all Arabs) with those ancient nations, so that commands like 'thou shalt save alive nothing that breatheth'56 acquire a topical meaning. In fact, it is not uncommon for reserve soldiers called up to do a tour of duty in the Gaza Strip to be given an 'educational lecture' in which they are told that the Palestinians of Gaza are 'like the Amalekites'. Biblical verses exhorting to genocide of the Midianite57 were solemnly quoted by an important Israeli rabbi in justification of the Qibbiya massacre,58 and this pronouncement has gained wide circulation in the Israeli army. There are many similar examples of bloodthirsty rabbinical pronouncements against the Palestinians, based on these laws.
After 1967, several congregations close to Gush Emunim have restored the first version (so far only verbally, not in print) and now pray daily that the Christians may perish instantly'.
This process of reversion happened in the period when the Catholic Church (under Pope John XXIII) removed from its Good Friday service a prayer which asked the Lord to have mercy on Jews, heretics etc. This prayer was thought by most Jewish leaders to be offensive and even antisemitic.
the Talmud lays down63 that a Jew who passes near an inhabited non-Jewish dwelling must ask God to destroy it, whereas if the building is in ruins he must thank the Lord of Vengeance. (Naturally, the rules are reversed for Jewish houses.) This rule was easy to keep for Jewish peasants who lived in their own villages or for small urban communities living in all-Jewish townships or quarters. Under the conditions of classical Judaism, however, it became impracticable and was therefore confined to churches and places of worship of other religions (except Islam).64In this connection, the rule was further embroidered by custom: it became customary to spit (usually three times) upon seeing a church or a crucifix, as an embellishment to the obligatory formula of regret.65 Sometimes insulting biblical verses were also added.66
There is also a series of rules forbidding any expression of praise for Gentiles or for their deeds, except where such praise implies an even greater praise of Jews and things Jewish. This rule is still observed by Orthodox Jews. For example. the writer Agnon, when interviewed on the Israeli radio upon his return from Stockholm, where he received the Nobel Prize for literature, praised the Swedish Academy, but hastened to add: 'I am not forgetting that it is forbidden to praise Gentiles, but here there is a special reason for my praise' - that is, that they awarded the prize to a Jew.
A religious Jew must not drink any wine in whose preparation a Gentile had any part whatsoever. Wine in an open bottle, even if prepared wholly by Jews, becomes banned if a Gentile so much as touches the bottle or passes a hand over it. The reason given by the rabbis is that all Gentiles are not only idolators but must be presumed to be malicious to boot, so that they are likely to dedicate (by a whisper, gesture or thought) as 'libation' to their idol any wine which a Jew is about to drink. This law applies in full force to all Christians, and in a slightly attenuated form also to Muslims. (An open bottle of wine touched by a Christian must be poured away, but if touched by a Muslim it can be sold or given away, although it may not be drunk by a Jew.) The law applies equally to Gentile atheists (how can one be sure that they are not merely pretending to be atheists?) but not to Jewish atheists.
I have chosen the one which is currently most popular in Israel and has been reprinted in many cheap editions, heavily subsidized by the Israeli government. It is The Book of Education, written by an anonymous rabbi in early 14th century Spain. It explains the 613 religious obligations (mitzvot) of Judaism in the order in which they are supposed to be found in the Pentateuch according to the talmudic interpretation (discussed in Chapter 3). It owes its lasting influence and popularity to the clear and easy Hebrew style in which it is written.
A central didactic aim of this book is to emphasize the 'correct' meaning of the Bible with respect to such terms as 'fellow', 'friend' or 'man' (which we have referred to in Chapter 3). Thus §219, devoted to the religious obligation arising from the verse 'thou shalt love thy fellow as thyself', is entitled: 'A religious obligation to love Jews', and explains:
To love every Jew strongly means that we should care for a Jew and his money just as one cares for oneself and one's own money, for it is written: 'thou shalt love thy fellow as thyself' and our sages of blessed memory said: 'what is hateful to you do not do to your friend' ... and many other religious obligations follow from this, because one who loves one's friend as oneself will not steal his money, or commit adultery with his wife, or defraud him of his money, or deceive him verbally, or steal his land, or harm him in any way. Also many other religious obligations depend on this, as is known to any reasonable man.
In §322, dealing with the duty to keep a Gentile slave enslaved for ever (whereas a Jewish slave must be set free after seven years), the following explanation is given:
And at the root of this religious obligation [is the fact that] the Jewish people are the best of the human species, created to know their Creator and worship Him, and worthy of having slaves to serve them. And if they will not have slaves of other peoples, they would have to enslave their brothers, who would thus be unable to serve the Lord, blessed be He. Therefore we are commanded to possess those for our service, after they are prepared for this and after idolatory is removed from their speech so that there should not be danger in our houses,68 and this is the intention of the verse 'but over your brethren the children of Israel, ye shall not rule one over another with rigor',69 so that you will not have to enslave your brothers, who are all ready to worship God.
In §545, dealing with the religious obligation to exact interest on money lent to Gentiles, the law is stated as follows: 'That we are commanded to demand interest from Gentiles when we lend money to them, and we must not lend to them without interest,' The explanation is:
And at the root of this religious obligation is that we should not do any act of mercy except to the people who know God and worship Him; and when we refrain from doing merciful deed to the rest of mankind and do so only to the former, we are being tested that the main part of love and mercy to them is because they follow the religion of God, blessed be He. Behold, with this intention our reward [from God] when we withhold mercy from the others is equal to that for doing [merciful deeds] to members of our own people.
The ban against following Gentile customs (§262) means that Jews must not only 'remove themselves' from Gentiles, but also 'speak ill of all their behavior, even of their dress'.
Christianity and Jesus
According to the Talmud, Jesus was executed by a proper rabbinical court for idolatry, inciting other Jews to idolatry, and contempt of rabbinical authority. All classical Jewish sources which mention his execution are quite happy to take responsibility for it; in the talmudic account the Romans are not even mentioned.