Jewish History, Jewish Religion
The Weight of Three Thousand
Years
by Professor:
Israel Shahak
CHAPTER
5
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 l8th 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 law 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
AmeIekites, 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. Shun '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 Sanhednn
[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 [I hope to]
see you soon, as you say. Yours - Shim'on.
Reply of Moshe to R. Shun 'on Weiser
'To His Honor, my dear Rabbi,
'First I hope that you and your family are in
health and are all right.
'I have received your long letter and am grateful
for your personal watch over me, for I assume that you write
to many, and most of your time is taken up with your studies
in your own program.
'Therefore my thanks to you are doubly deep.
'As for the letter itself, I have understood it
as follows:
'In wartime I am not merely permitted, but enjoined
to kill every Arab man and woman whom I chance upon, if there
is reason to fear that they help in the war against us, directly
or indirectly. And as far as I am concerned I have to kill them
even if that might result in an involvement with the military
law. I think that this matter of the purity of weapons should
be transmitted to educational institutions, at least the religious
ones, so that they should have a position about this subject
and so that they will not wander in the broad fields of "logic",
especially on this subject; and the rule has to be explained
as it should be followed in practice. For, I am sorry to say,
I have seen different types of "logic" here even among the religious
comrades. I do hope that you shall be active in this, so that
our boys will know the line of their ancestors clearly and unambiguously.
'I conclude here, hoping that when the [training]
course ends, in about a month, I shall be able to come to the
yeshivah [talmudic college]. Greetings - Moshe.'
Of course, this doctrine of the Halakhah on murder
clashes, in principle, not only with Israel's criminal law but
also - as hinted in the letters just quoted - with official military
standing regulations. However, there can be little doubt that
in practice this doctrine does exert an influence on the administration
of justice, especially by military authorities. The fact is that
in all cases where Jews have, in a military or paramilitary context,
murdered Arab non-combatants - including cases of mass murder
such as that in Kafr Qasim in 1956 - the murderers, if not let
off altogether, received extremely light sentences or won far-reaching
remissions, reducing their punishment to next to nothing.13
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. 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 remov~ing 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 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'.
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 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"
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: 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
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"44 which 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 TO 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 Halal,;hah,
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.
Abuse
UNDER THIS HEADING I would like to discuss examples
of halakhic laws whose most important effect is not so much to
prescribe specific anti-Gentile discrimination as to inculcate
an attitude of scorn and hatred towards Gentiles. Accordingly.
in this section I shall not confine myself to quoting from the
most authoritative halakhic sources (as I have done so far) but
include also less fundamental works, which are however widely
used in religious instruction.
Let us begin with the text of some common prayers.
In one of the first sections of the daily morning payer, every
devout Jew blesses God for not making him a Gentile.59 The concluding
section of the daily prayer (which is also used in the most solemn
part of the service on New Year's day and on Yom Kippur) opens
with the statement: 'We must praise the Lord of all ... for not
making us like the nations of [all] lands ... for they bow down
to vanity and nothingness and pray to a god that does not help.'60
The last clause was censored out of the prayer books. but in eastern
Europe it was supplied orally, and has now been restored into
many Israeli-printed prayer books. In the most important section
of the weekday prayer - the 'eighteen blessings' - there is a
special curse, originally directed against Christians, Jewish
converts to Christianity and other Jewish heretics: 'And may the
apostates'61 have no hope, and all the Christians perish instantly'.
This formula dates from the end of the 1st century, when Christianity
was still a small persecuted sect. Some time before the 14th century
it was softened into: 'And may the apostates have no hope. and
all the heretics62 perish instantly', and after additional pressure
into: 'And may the informers have no hope, and all the heretics
perish instantly'. After the establishment of Israel. the process
was reversed, and many newly printed prayer books reverted to
the second formula, which was also prescribed by many teachers
in religious Israeli schools. 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.
Apart from the fixed daily prayers, a devout Jew
must utter special short blessings on various occasions, both
good and bad (for example, while putting on a new piece of clothing.
eating a seasonal fruit for the first time that year, seeing powerful
lightning, hearing bad news, etc.) Some of these occasional prayers
serve to inculcate hatred and scorn for all Gentiles, We have
mentioned in Chapter 2 the rule according to which a pious Jew
must utter curse when passing near a Gentile cemetery, whereas
he must bless God when passing near a Jewish cemetery. A similar
rule applies to the living; thus, when seeing a large Jewish population
a devout Jew must praise God, while upon seeing a large Gentile
population he must utter a curse. Nor are buildings exempt: 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).64 In 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.
Similarly, it is forbidden to join any manifestation
of popular Gentile rejoicing, except where failing to join in
might cause 'hostility' towards Jews, in which case a 'minimal'
show of joy is allowed.
In addition to the rules mentioned so far, there
are many others whose effect is to inhibit human friendship between
Jew and Gentile. I shall mention two examples: the rule on 'libation
wine' and that on preparing food for a Gentile on Jewish holy
days.
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.
The laws against doing work on the sabbath apply
to a lesser extent on other holy days. In particular, on a holy
day which does not happen to fall on a Saturday it is permitted
to do any work required for preparing food to be eaten during
the holy days or days. Legally, this is defined as preparing a
'soul's food' (okhel nefesh); but 'soul' is interpreted to mean
'Jew', and 'Gentiles and dogs' are explicitly excluded.67 There
is, however, a dispensation in favor of powerful Gentiles, whose
hostility can be dangerous: it is permitted to cook food on a
holy day for a visitor belonging to this category, provided he
is not actively encouraged to come and eat.
An important effect of all these laws - quite apart
from their application in practice - is in the attitude created
by their constant study which, as part of the study of the Halakhah,
is regarded by classical Judaism as a supreme religious duty.
Thus an Orthodox Jew learns from his earliest youth, as part of
his sacred studies, that Gentiles are compared to dogs, that it
is a sin to praise them, and so on and so forth. As a matter of
fact, in this respect textbooks for beginners have a worse effect
than the Talmud and the great talmudic codes. One reason for this
is that such elementary texts give more detailed explanations,
phrased so as to influence young and uneducated minds. Out of
a large number of such texts, 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.
Similar distinctions are made in numerous other
passages. In explaining the ban against delaying a worker's wage
(§238) the author is careful to point out that the sin is less
serious if the worker is Gentile. The prohibition against cursing
(§239) is entitled 'Not to curse any Jew, whether man or woman.
Similarly, the prohibitions against giving misleading advice,
hating other people, shaming them or taking revenge on them (§§240,
245, 246, 247) apply only to fellow-Jews.
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'.
It must be emphasized that the explanations quoted
above do represent correctly the teaching of the Halakhah. The
rabbis and, even worse, the apologetic 'scholars of Judaism' know
this very well and for this reason they do not try to argue against
such views inside the Jewish community; and of course they never
mention them outside it. Instead, they vilify any Jew who raises
these matters within earshot of Gentiles, and they issue deceitful
denials in which the art of equivocation reaches its summit. For
example, they state, using general terms, the importance which
Judaism attaches to mercy; but what they forget to point out is
that according to the Halakhah 'mercy' means mercy towards Jews.
Anyone who lives in Israel knows how deep and widespread
these attitudes of hatred and cruelty to towards all Gentiles
are among the majority of Israeli Jews. Normally these attitudes
are disguised from the outside world, but since the establishment
of the State of Israel, the 1967 war and the rise of Begin, a
significant minority of Jews, both in Israel and abroad, have
gradually become more open about such matters. In recent years
the inhuman precepts according to which servitude is the 'natural'
lot of Gentiles have been publicly quoted in Israel, even on TV,
by Jewish farmers exploiting Arab labor, particularly child labor.
Gush Emunim leaders have quoted religious precepts which enjoin
Jews to oppress Gentiles, as a justification of the attempted
assassination of Palestinian mayors and as divine authority for
their own plan to expel all the Arabs from Palestine.
While many zionists reject these positions politically,
their standard counter-arguments are based on considerations of
expediency and Jewish self-interest, rather than on universally
valid principles of humanism and ethics. For example, they argue
that the exploitation and oppression of Palestinians by Israelis
tends to corrupt Israeli society, or that the expulsion of the
Palestinians is impracticable under present political conditions,
or that Israeli acts of terror against the Palestinians tend to
isolate Israel internationally. In principle, however, virtually
all zionists - and in particular 'left' zionists - share the deep
anti-Gentile attitudes which Orthodox Judaism keenly promotes.
Attitudes to Christianity
and Islam
IN THE FOREGOING, several examples of the rabbinical
attitudes to these two religions were given in passing. But it
will be useful to summarize these attitudes here.
Judaism is imbued with a very deep hatred towards
Christianity, combined with ignorance about it. This attitude
was clearly aggravated by the Christian persecutions of Jews,
but is largely independent of them. In fact, it dates from the
time when Christianity was still weak and persecuted (not least
by Jews), and it was shared by Jews who had never been persecuted
by Christians or who were even helped by them. Thus, Maimonides
was subjected to Muslim persecutions by the regime of the Almohads
and escaped from them first to the crusaders' Kingdom of Jerusalem,
but this did not change his views in the least. This deeply negative
attitude is based on two main elements.
First, on hatred and malicious slanders against
Jesus. The traditional view of Judaism on Jesus must of course
be sharply distinguished from the nonsensical controversy between
antisemites and Jewish apologists concerning the 'responsibility'
for his execution. Most modern scholars of that period admit that
due to the lack of original and contemporary accounts, the late
composition of the Gospels and the contradictions between them,
accurate historical knowledge of the circumstances of Jesus' execution
is not available. In any case, the notion of collective and inherited
guilt is both wicked and absurd. However, what is at issue here
is not the actual facts about Jesus, but the inaccurate and even
slanderous reports in the Talmud and post-talmudic literature
- which is what Jews believed until the 19th century and many,
especially in Israel, still believe. For these reports certainly
played an important role in forming the Jewish attitude to Christianity.
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.
The more popular accounts - which were nevertheless
taken quite seriously - such as the notorious Toldot Yesbu are
even worse, for in addition to the above crimes they accuse him
of witchcraft. The very name 'Jesus' was for Jews a symbol of
all that is abominable, and this popular tradition still persists.70
The Gospels are equally detested, and they are not allowed to
be quoted (let alone taught) even in modern Israeli Jewish schools.
Secondly, for theological reasons, mostly rooted
in ignorance, Christianity as a religion is classed by rabbinical
teaching as idolatry. This is based on a crude interpretation
of the Christian doctrines on the Trinity and Incarnation. All
the Christian emblems and pictorial representations are regarded
as 'idols' - even by those Jews who literally worship scrolls,
stones or personal belongings of 'Holy Men'.
The attitude of Judaism towards Islam is, in contrast,
relatively mild. Although the stock epithet given to Muhammad
is 'madman' ('meshugga'), this was not nearly as offensive as
it may sound now, and in any case it pales before the abusive
terms applied to Jesus. Similarly, the Qur'an - unlike the New
Testament - is not condemned to burning. It is not honored in
the same way as Islamic law honors the Jewish sacred scrolls,
but is treated as an ordinary book. Most rabbinical authorities
agree that Islam is not idolatry (although some leaders of Gush
Emunim now choose to ignore this). Therefore the Halakhah decrees
that Muslims should not be treated by Jews any worse than 'ordinary'
Gentiles. But also no better. Again, Maimonides can serve as an
illustration. He explicitly states that Islam is not idolatry,
and in his philosophical works he quotes, with great respect,
many Islamic philosophical authorities. He was, as I have mentioned
before, personal physician to Saladin and his family, and by Saladin's
order he was appointed Chief over all Egypt's Jews. Yet, the rules
he lays down against saving a Gentile's life (except in order
to avert danger to Jews) apply equally to Muslims.
COPYRIGHT NOTICE:
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First
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Chapters 2, 3, 4 and 5 first appeared in the journal Khamsin
and
are reproduced with permission
Foreword copyright © 1994 Gore Vidal
Copyright © 1994 Israel Shahak
The right of Israel Shahak to be identified as the author of this
work has been asserted by him in accordance with the Copyright,
Designs and Patents Act 1988
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the
British Library
Library of Congress Cataloging in Publication Data
Shahak, Israel.
Jewish history, Jewish religion: the weight of three
thousand
years/Israel Shahak
ll8pp. 22cm.
Includes bibliographical references and index.
ISBN 0-7453-0818-X
1. Israel - Politics and government. 2. Orthodox Judaism
- Israel - Controversial literature. 3. Zionism -
Controversial literature. 4. Palestinian Arabs - Israel.
I. Title. II. Series.
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