Jewish History, Jewish Religion: The Weight of Three Thousand Years

[Lauren Johnson]

Chapter Five: The Laws Against Non-Jews

As explained in Chapter 3, the Halakhah, that is the legal system of classical Judaism – as practiced by virtually all Jews from the 9th century to the end of the 18th and as maintained to this very day in the form of Orthodox Judaism – is based primarily on the Babylonian Talmud. However, because of the unwieldy complexity of the legal disputations recorded in the Talmud, more manageable codifications of talmudic laws became necessary and were indeed compiled by successive generations of rabbinical scholars. Some of these have acquired great authority and are in general use. For this reasons we shall refer for the most part to such compilations (and their most reputable commentaries) rather than directly to the Talmud. It is however correct to assume that the compilation referred to reproduces faithfully the meaning of the talmudic text and the additions made by later scholars on the basis of that meaning.

The earliest code of talmudic law which is still of major importance is the Misbneh Tarab written by Moses Maimonides in the late 12th century. The most authoritative code, widely used to date as a handbook, is the Shulhan 'Arukh composed by R. Yosef Karo in the late 16th century as a popular condensation of his own much more voluminous Beys Yosef which was intended for the advanced scholar. The Shulhan 'Arukh is much commented upon; in addition to classical commentaries dating from the 17th century, there is an important 20th century one, Mishnab Berurab. Finally, the Talmudic Encyclopedia – a modern compilation published in Israel from the 1950s and edited by the country's greatest Orthodox rabbinical scholars – is a good compendium of the whole talmudic literature.

Murder and Genocide

According to the Jewish religion, the murder of a Jew is a capital offense and one of the three most heinous sins (the other two being idolatry and adultery). Jewish religious courts and secular authorities are commanded to punish, even beyond the limits of the ordinary administration of justice, anyone guilty of murdering a Jew. A Jew who indirectly causes the death of another Jew is, however, only guilty of what talmudic law calls a sin against the 'laws of Heaven', to be punished by God rather than by man.

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.4

A Gentile murderer who happens to be under Jewish jurisdiction must be executed whether the victim was Jewish or not. However, if the victim was Gentile and the murderer converts to Judaism, he is not punished.5

All this has a direct and practical relevance to the realities of the State of Israel. Although the state's criminal laws make no distinction between Jew and Gentile, such distinction is certainly made by Orthodox rabbis, who in guiding their flock follow the Halakhah. Of special importance is the advice they give to religious soldiers.

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. 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:

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

The same doctrine is expounded in the following exchange of letters between a young Israeli soldier and his rabbi, published in the yearbook of one of the country's most prestigious religious colleges, Midrashiyyat No'am, where many leaders and activists of the National Religious Party and Gush Emunim have been educated.8

Letter from the soldier Moshe to Rabbi Sbipn 'on Weiser'

With God's help, to His Honor, my dear Rabbi,

'First I would like to ask how you and your family are. I hope all is well. I am, thank God, feeling well. A long time I have not written. Please forgive me. Sometimes I recall the verse "when shall I come and appear before God?'9 I hope, without being certain, that I shall come during one of the leaves. I must do so.

'In one of the discussions in our group, there was a debate about the "purity of weapons" and we discussed whether it is permitted to kill unarmed men – or women and children? Or perhaps we should take revenge on the Arabs? And then everyone answered according to his own understanding. I could not arrive at a clear decision, whether Arabs should be treated like the Amalekites, meaning that one is permitted to murder [sic ] them until their remembrance is blotted out from under heaven,10 or perhaps one should do as in a just war, in which one kills only the soldiers?

'A second problem I have is whether I am permitted to put myself in danger by allowing a woman to stay alive? For there have been cases when women threw hand grenades. Or am I permitted to give water to an Arab who put his hand up? For there may be reason to fear that he only means to deceive me and will kill me, and such things have happened.

>'I conclude with a warm greeting to the rabbi and all his family. – Moshe.'

Reply of Shim'on Weiser' to Moshe

'With the help of Heaven. Dear Moshe, Greetings.

'I am starting this letter this evening although I know I cannot finish it this evening, both because I am busy and because I would like to make it a long letter, to answer your questions in full, for which purpose I shall have to copy out some of the sayings of our sages, of blessed memory, and interpret them.11

'The non-Jewish nations have a custom according to which war has its own rules, like those of a game, like the rules of football or basketball. But according to the sayings of our sages, of blessed memory, [ ... ] war for us is not a game but a vital necessity, and only by this standard must we decide how to wage it. On the one hand .... ] we seem to learn that if a Jew murders a Gentile, he is regarded as a murderer and, except for the fact that no court has the right to punish him, the gravity of the deed is like that of any other murder. But we find in the very same authorities in another place [ ... that Rabbi Shim'on used to say: "The best of Gentiles – kill him; the best of snakes dash out its brains."

'It might perhaps be argued that the expression "kill" in the saying of R. Shim'on is only figurative and should not be taken literally but as meaning "oppress" or some similar attitude, and in this way we also avoid a contradiction with the authorities quoted earlier. Or one might argue that this saying, though meant literally, is [merely] his own personal opinion, disputed by other sages [quoted earlier]. But we find the true explanation in the Tosalot.12 There [ .... ] we learn the following comment on the talmudic pronouncement that Gentiles who fall into a well should not be helped out, but neither should they be pushed into the well to be killed, which means that they should neither be saved from death nor killed directly. And the Tosafot write as follows:

"And if it is queried [because] in another place it was said The best of Gentiles – kill him, then the answer is that this [saying] is meant for wartime." [ ... ]

'According to the commentators of the Tosafot, a distinction must be made between wartime and peace, so that although during peace time it is forbidden to kill Gentiles, in a case that occurs in wartime it is a mitzvah [imperative, religious duty] to kill them.[...]

'And this is the difference between a Jew and a Gentile: although the rule "Whoever comes to kill you, kill him first" applies to a Jew, as was said in Tractate Sanhedrin [of the Talmud], page 72a, still it only applies to him if there is [actual] ground to fear that he is coming to kill you. But a Gentile during wartime is usually to be presumed so, except when it is quite clear that he has no evil intent. This is the rule of "purity of weapons" according to the Halakhah – and not the alien conception which is now accepted in the Israeli army and which has been the cause of many [Jewish] casualties. I enclose a newspaper cutting with the speech made last week in the Knesset by Rabbi Kalman Kahana, which shows in a very lifelike – and also painful – way how this "purity of weapons" has caused deaths.

'I conclude here, hoping that you will not find the length of this letter irksome. This subject was being discussed even without your letter, but your letter caused me to write up the whole matter.

'Be in peace, you and all Jews, and see you soon, as you say. Yours – Shim'on.

Reply of Moshe to R. Shim'on Weiser


Saving of Life
This subject – the supreme value of human life and the obligation of every human being to do the outmost to save the life of a fellow human – is of obvious importance in itself. It is also of particular interest in a Jewish context, in view of the fact that since the Second World War Jewish opinion has – in some cases justly, in others unjustly – condemned 'the whole world' or at least all Europe for standing by when Jews were being massacred. Let us therefore examine what the Halakhah has to say on this subject.

According to the Halakhah, the duty to save the life of a fellow Jew is paramount.14 It supersedes all other religious obligations and interdictions, excepting only the prohibitions against the three most heinous sins of adultery (including incest), murder and idolatry.
As for Gentiles, the basic talmudic principle is that their lives must not be saved, although it is also forbidden to murder them outright. 15 The Talmud itself expresses this in the maxim 'Gentiles are neither to be lifted [out of a well] nor hauled down [into it]'. Maimonides16 explains:

"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...'

However, the refusal of a Jew - particularly a Jewish doctor – to save the life of a Gentile may, if it becomes known, antagonize powerful Gentiles and so put Jews in danger. Where such danger exists, the obligation to avert it supersedes the ban on helping the Gentile. Thus Maimonides continues: ' ... but if you fear him or his hostility, cure him for payment, though you are forbidden to do so without payment.' In fact, Maimonides himself was Saladin's personal physician. His insistence on demanding payment – presumably in order to make sure that the act is not one of human charity but an unavoidable duty – is however not absolute. For in another passage he allows Gentile whose hostility is feared to be treated 'even gratis, if it is unavoidable'.

The whole doctrine – the ban on saving a Gentile's life or healing him, and the suspension of this ban in cases where there is fear of hostility – is repeated (virtually verbatim) by other major authorities, including 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.

The consensus of halakhic authorities is that the term 'Gentiles' in the above doctrine refers to all non-Jews. A lone voice of dissent is that of R. Moses Rivkes, author of a minor commentary on the Shulhan Arukh, who writes.20

Our sages only said this about heathens, who in their day worshipped idols and did not believe in the Jewish Exodus from Egypt or in the creation of the world ex nihilo. But the Gentiles in whose [protective] shade we, the people of Israel, are exiled and among whom we are scattered do believe in the creation of the world ex nihilo and in the Exodus and in several principles of our own religion and they pray to the Creator of heaven and earth ... Not only is there no interdiction against helping them, but we are even obliged to pray for their safety.

This passage, dating from the second half of the 17th century, is a favorite quote of apologetic scholars.21 Actually, it does not go nearly as far as the apologetics pretend, for it advocates removing the ban on saving a Gentile's life, rather than making it mandatory as in the case of a Jew; and even this liberality extends only to Christians and Muslims but not the majority of human beings. Rather, what it does show is that there was a way in which the harsh doctrine of the Halakhah could have been progressively liberalized. But as a matter of fact the majority of later halakhic authorities, far from extending Rivkes' leniency to other human groups, have rejected it altogether.

Desecrating the Sabbath to Save Life

Desecrating the sabbath – that is, doing work that would otherwise be banned on Saturday – becomes a duty when the need to save a Jew's life demands it.

The problem of saving a Gentile's life on the sabbath is not raised in the Talmud as a main issue, since it is in any case forbidden even on a weekday; it does however enter as a complicating factor in two connections.

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

Nevertheless, this sort of excuse could not always be relied upon to do the trick and avert Gentile hostility. Therefore certain important rabbinical authorities had to relax the rules to some extent and allowed Jewish doctors to treat Gentiles on the sabbath even if this involved doing certain types of work normally banned on that day. This partial relaxation applied particularly to rich and powerful Gentile patients, who could not be fobbed off so easily and whose hostility could be dangerous.

Thus, R. Yo'el Sirkis, author of Bayit Hadash and one of the greatest rabbis of his time (Poland, 17th century), decided that 'mayors, petty nobles and aristocrats' should be treated on the sabbath, because of the fear of their hostility which involves 'some danger'. But in other cases, especially when the Gentile can be fobbed off with an evasive excuse, a Jewish doctor would commit 'an unbearable sin' by treating him on the sabbath. Later in the same century, a similar verdict was given in the French city of Metz, whose two parts were connected by a pontoon bridge. Jews are not normally allowed to cross such a bridge on the sabbath, but the rabbi of Metz decided that a Jewish doctor may nevertheless do so 'if he is called to the great governor': since the doctor is known to cross the bridge for the sake of his Jewish patients, the governor's hostility could be aroused if the doctor refused to do so for his sake. Under the authoritarian rule of Louis XIV, it was evidently important to have the goodwill of his intendant; the feelings of lesser Gentiles were of little importance.26

Hokhrnat Shloinoh, a 19th century commentary on the Shulhan 'Arukh, mentions a similarly strict interpretation of the concept 'hostility' in connection with the Karaites, a small heretical Jewish sect. According to this view, their lives must not be saved if that would involve desecration of the sabbath, 'for "hostility" applies only to the heathen, who are many against us, and we are delivered into their hands .. But the Karaites are few and we are not delivered into their hands, [so] the fear of hostility does not apply to them at all.'27 In fact, the absolute ban on desecrating the sabbath in order to save the life of a Karaite is still in force today, as we shall see.

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 [i]responsum,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'.

In connection with cases that do actually involve desecration of the sabbath, Hatam Sofer – like other authorities – makes a distinction between two categories of work banned on the sabbath. First, there is work banned by the Torah, the biblical text (as interpreted by the Talmud); such work may only be performed in very exceptional cases, if failing to do so would cause an extreme danger of hostility towards Jews. Then there are types of work which are only banned by the sages who extended the original law of the Torah; the attitude towards breaking such bans is generally more lenient.

Another responsum of Hatam Sofer30 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" ... With such an excuse there is no fear of danger, for it is a reasonable pretext, commonly given by doctors who are late in arriving because another patient needed them first.' Only 'if it is impossible to give any excuse' is the doctor permitted to travel by carriage on the sabbath in order to treat a Gentile.

In the whole discussion, the main issue is the excuses that should be made, not the actual healing or the welfare of the patient. And throughout it is taken for granted that it is all right to deceive Gentiles rather than treat them, so long as 'hostility' can be averted.31

Of course, in modern times most Jewish doctors are not religious and do not even know of these rules. Moreover, it appears that even many who are religious prefer to their credit – to abide by the Hippocratic oath rather than by the precepts of their fanatic rabbis.32 However, the rabbis' guidance cannot fail to have some influence on some doctors; and there are certainly many who, while not actually following that guidance, choose not to protest against it publicly.

All this is far from being a dead issue. The most up-to-date halakhic position on these matters is contained in a recent concise and authoritative 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

This does not go very far, because medical treatment very often involves acts banned on the sabbath by the Torah itself, which are not covered by this dispensation. There are, we are told, 'some' halakhic authorities who extend the dispensation to such acts as well – but this is just another way of saying that most halakhic authorities, and the ones that really count, take the opposite view. However, all is not lost. Jewish Medical Law has a truly breathtaking solution to this difficulty.

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:
[/i]

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. [i]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 particular 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[/i]

This hypocritical substitute for the Hippocratic oath is also proposed by a recent authoritative Hebrew book.38

Although the facts were mentioned at least twice in the Israeli press,39 the Israeli Medical Association has remained silent.
Having treated in some detail the supremely important subject of the attitude of the Halakhah to a Gentile's very life, we shall deal much more briefly with other halakhic rules which discriminate against Gentiles. Since the number of such rules is very large, we shall mention only the more important ones.

Sexual Offenses

Sexual intercourse between a married Jewish woman and any man other than her husband is a capital offense for both parties, and one of the three most heinous sins. The status of Gentile women is very different. 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. Whether a Gentile woman is married or not makes no difference, since as far as Jews are concerned the very concept of matrimony does not apply to Gentiles ('There is no matrimony for a heathen'). 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.)

According to the Talmudic Encyclopedia:42 'He who has carnal knowledge of the wife of a Gentile is not liable to the death penalty, for it is written: "thy fellow's wife"43 rather than the alien's wife; and even the precept that a man "shall cleave unto his wife"44which is addressed to the Gentiles does not apply to a Jew, just there is no matrimony for a heathen; and although a married Gentile woman is forbidden to the Gentiles, in any case a Jew is exempted.'

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

Status

According the the Halakhah, Jews must not (if they can help it) allow a Gentile to be appointed to any position of authority, however small, over Jews. (The two stock examples are commander over ten soldiers in the Jewish army' and 'superintendent of an irrigation ditch'.) Significantly, this particular rule applies also to converts to Judaism and to their descendants (through the female line) for ten generations or 'so long as the descent is known'.

Gentiles are presumed to be congenital liars, and are disqualified from testifying in a rabbinical court. In this respect their position is, in theory, the same as that of Jewish women, slaves and minors; but in practice it is actually worse. A Jewish woman is nowadays admitted as a witness to certain matters of fact, when the rabbinical court 'believes' her; a Gentile – never.

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.

Money and Property

1 Gifts. The Talmud bluntly forbids giving a gift to a Gentile. However, classical rabbinical authorities bent this rule because it is customary among businessmen to give gifts to business contacts. It was therefore laid down that a Jew may give a gift to a Gentile acquaintance, since this is regarded not as a true gift but as a sort of investment, for which some return is expected. Gifts to 'unfamiliar Gentiles' remain forbidden. A broadly similar rule applies to almsgiving. Giving alms to a Jewish beggar is an important religious duty. Alms to Gentile beggars are merely permitted for the sake of peace. However there are numerous rabbinical warnings against allowing the Gentile poor to become 'accustomed' to receiving alms from Jews, so that it should be possible to withhold such alms without arousing undue hostility.


2 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.

3 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.

4 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.

5 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

6 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.

Gentiles in the Land of lsrael

In addition to the general anti-Gentile laws, the Halakhah has special laws against Gentiles who live in the Land of Israel (Eretz Yisra'el) or, in some cases, merely pass through it. These laws are designed to promote Jewish supremacy in that country.

The exact geographical definition of the term 'Land of Israel' is much disputed in the Talmud and the talmudic literature, and the debate has continued in modern times between the various shades of zionist opinion. According to the maximalist view, the Land of Israel includes (in addition to Palestine itself) not only the whole of Sinai, Jordan, Syria and Lebanon, but also considerable parts of Turkey.51 The more prevalent 'minimalist' interpretation puts the northern border 'only' about half way through Syria and Lebanon, at the latitude of Homs. This view was supported by Ben Gurion. However, even those who thus exclude parts of Syria-Lebanon agree that certain special discriminatory laws (though less oppressive than in the Land of Israel proper) apply to the Gentiles of those parts, because that territory was included in David's kingdom. In all talmudic interpretations the Land of Israel includes Cyprus.

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.

These and several other rules are explained as follows: ... '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

It is therefore clear that – exactly as the leaders and sympathizers of Gush Emunim say – the whole question to how the Palestinians ought to be treated is, according to the Halakhah, simply a question of Jewish power: if Jews have sufficient power, then it is their religious duty to expel the Palestinians.

All these laws are often quoted by Israeli rabbis and their zealous followers. For example, the law forbidding the lease of three adjoining houses to Gentiles was solemnly quoted by a rabbinical conference held in 1979 to discuss the Camp David treaties. The conference also declared that according to the Halakhah even the 'autonomy' that Begin was ready to offer to the Palestinians is too liberal. Such pronouncements – which do in fact state correctly the position of the Halakhah – are rarely contested by the Zionist 'left'.

In addition to laws such as those mentioned so far, which are directed at all Gentiles in the Land of Israel, an even greater evil influence arises from special laws against the ancient Canaanites and other nations who lived in Palestine before its conquest by Joshua, as well as against the Amalekites. All those nations must be utterly exterminated, and the Talmud and talmudic literature reiterate the genocidal biblical exhortations with even greater vehemence. 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.