[RBS] halacha article on the parsha

[Rabbi Kaganoff]

Many people like yourself enjoy receiving and reading these halacha articles
regularly, which usually have some relationship to the parsha. If you would
like to continue receiving these articles on a regular basis, please let me
know at ymkaganoff at 013.net. Also please let me know if you would prefer
receiving them as attachments rather than in this format. 

If you would prefer not receiving them, you need take no action at all, as I
do not believe in inundating people with undesired material. There is no
charge for receiving these articles, we do not share our lists, and your
confidentiality will be respected.

 

Meet the Adams Family

By Rabbi Yirmiyohu Kaganoff

 

The Man

Today, I will be meeting someone who is extremely concerned and
knowledgeable about halacha, yet doesn't even keep a kosher home. Neither
has he ever observed Shabbos. On the other hand, he is meticulous to observe
every detail of Choshen Mishpat. 

Who is this individual?

Allow me to introduce you to John Adams who is a practicing Noahide, or, as
he prefers to call himself, an Adamite. 

Adams asserts that he descends from the two famous presidents, a claim that
I have never verified and have no reason to question. Raised in New England
and a graduate of Harvard Law School, John rejected the tenets of the major
Western religions but retained a very strong sense of G-d's presence and the
difference between right and wrong. Study and introspection led him to
believe that G-d probably had detailed instructions for mankind, and sincere
questioning led him to discover that of the Western religions, only Judaism
does not claim a monopoly on heaven. A non-Jew who observes the Seven Laws
taught to Noah and believes that G-d commanded them at Har Sinai has an
excellent place reserved for him in olam haba.

John began the practice of these laws. John is quick to point out that, with
only one exception, these laws were all commanded originally to Adam. Since
John is proud of his family name and lineage, he likes calling himself an
Adamite.

 

What are the basics of Noahide practice?

We all know that a gentile is required to observe seven mitzvos, six of them
prohibitions, to avoid: idolatry, incest, murder, blasphemy, theft, and
eiver min hachai (which we will soon discuss), and the seventh, the mitzvah
of having dinim, whose nature is controversial. The Sefer HaChinuch (Mitzvah
#416) and others note that these seven mitzvos are actually categories, and
a non-Jew is really required to observe several dozen mitzvos.

 

Kosher, Noah style

I asked John if eating meat presents any religious problems for him.

"Well, you know that Noah was prohibited from eating meat or an organ that
was severed before the animal died, a prohibition you call eiver min
hachai," said John, obviously proud that he could pronounce the expression
correctly. "So sometimes I come across meat that I may not eat. The
following question once came up: Moslem slaughter, called halal, involves
killing the animal in a way that many of its internal organs are technically
severed from the animal before it is dead. Because of this, we are very
careful where we purchase our organ meats."

 

May a Noahide Eat Out?

"This problem went even further," John continued. "Could we eat in a
restaurant where forbidden meats may have contaminated their equipment?"

I admit that I had never thought of this question before. Must a gentile be
concerned that a restaurant's equipment absorbed eiver min hachai? Does a
Noahide needs to "kasher" a treif restaurant before he can eat there? Oy,
the difficulty of being a goy!

"How did you resolve this dilemma?" I timidly asked.

"Well, for a short time our family stopped eating out," he replied. "You
could say that we ate only treif at home. My wife found the situation
intolerable - no MacDonald's or Wendy's? Although I know that observant Jews
do not understand why this is such a serious predicament, but please bear in
mind that we made a conscious decision not to become Jewish. One of our
reasons was that we enjoy eating out wherever we can.

"So I decided to ask some rabbis I know, but even then the end of the road
was not clearly in sight."

"Why was that?"

"I had difficulty finding a rabbi who could answer the question. From what I
understand, a rabbi's ordination teaches him the basics necessary to answer
questions that apply to kosher kitchens. But I don't have a kosher house -
we observe Adamite laws. As one rabbi told me, 'I don't know if Noahides
need to be concerned about what was previously cooked in their pots.'"

"How did you resolve the predicament?"

 

How treif is treif?

"Eventually, we found a rabbi who contended that we need not be concerned
about how pots and grills were previously used. He explained that we could
assume that they had not been used for eiver min hachai in the past 24
hours, which certainly sounds like a viable assumption, and that therefore
using them would only involve the possibility of a rabbinic prohibition, and
that we gentiles are not required to observe rabbinic restrictions. The last
part makes a lot of sense, since there is nothing in the Seven Laws about
listening to the rabbis, although I agree that they are smart and sincere
people. [Note: I am not certain who it was that John asked. According to
Shu"t Chasam Sofer, Yoreh Deah #19 (at end), there would be no heter to use
pots that once absorbed eiver min hachai. There are poskim who disagree with
Chasam Sofer (see Darchei Teshuvah 62:5), but many of these hold that there
is no prohibition altogether with a gentile using pots absorbed with eiver
min hachai.]

"The result is that we now go out to eat frequently, which makes my wife
very happy. It was a good decision for our marital bliss, what you call
shalom bayis. Although I understand that this is another idea we are not
required to observe, it is good, common sense."

 

Milah in the Adams Family

When John's son was born, he raised an interesting shaylah. To quote him:
"Circumcision as a religious practice originates with G-d's covenant with
Abraham, the first Jew. But my covenant with G-d predates Abraham and does
not include circumcision. However, even though there was no religious reason
for my son to be circumcised, my wife and I thought it was a good idea for
health reasons."

John is a very gregarious type, and loves to explain things fully. "We
actually had two concerns about whether we could circ John Jr. The second
one was that many authorities contend that the seventh mitzvah of instating
'Laws,' which you call 'Dinim,' includes a prohibition against injuring
someone (Ramban, Genesis, oops, I mean Bereishis 34:13). According to this
opinion, someone who hits someone during a street fight may lose his world
to come for violating one of our seven tenets. I have come too far to risk
losing my share in the world to come, so I try very hard not to violate any
of the laws. I called some rabbis I know to ask whether there was any
problem with circumcising my son for health reasons. The rabbi I asked felt
that since we are doing this for medical reasons, it is similar to donating
blood or undergoing surgery. The upshot was that we did what no
self-respecting Jew should ever do: We had a pediatrician circumcise John
Jr. on the third day after his birth, to emphasize that we were not
performing any mitzvah."

 

No Bris

Proud to show off his Hebrew, John finished by saying: "So we had a milah,
but no bris. We also decided to skip the bagels and lox. Instead, my wife
and I decided it was more appropriate to celebrate with shrimp cocktails,
even though primordial Adam didn't eat shrimp. All types of meat were only
permitted to Noah after the Deluge, which you call the mabul. I believe that
some authorities rule that Adam was permitted road kill and was only
prohibited from slaughtering, while others understand he had to be strictly
vegetarian. My wife and I discussed whether to go vegetarian to keep up the
Adams tradition, but decided that if meat was 'kosher' enough for Noah, it
is kosher enough for us. We decided we weren't keeping any stringent
practices even if they become stylish."

 

Earning a Living

"Have you experienced any other serious dilemmas due to your being an
'Adamite?'"

"Oh, yes. I almost had to change my career."

I found this very curious. As John Adams seemed like an honest individual,
it seemed unlikely that he had made his living by stealing or any similar
dishonest activity.

Non-Jews are forbidden to perform abortions, which might affect how a
Noahide gynecologist earns a living, but John is a lawyer, not a doctor.
Even if John used to worship idols or had the bad habit of blaspheming, how
would that affect his career?

 

May a Gentile Practice Law? 

John's research into Noahide law led him to the very interesting conclusion
that his job as an assistant district attorney was halachically problematic.
Here is what led him to this conclusion.

One of the mitzvos, or probably more accurately, categories of mitzvos, in
which a Noahide is commanded in the mitzvah of dinim, literally, laws. The
authorities dispute the exact definition and nature of this mitzvah. It
definitely includes a requirement that gentile societies establish courts
and prosecute those who violate the Noahide laws (Tosefta, Avodah Zarah 9:4;
Rambam, Hilchos Melachim 9:14). Some authorities contend that the mitzvah of
dinim prohibits injuring or abusing others or damaging their property
(Ramban, Breishis 34:13).

However, this dispute leads to another issue that was more germane to John's
case. There is a major dispute among halachic authorities whether Noahides
are governed by the Torah's rules of property laws, which we refer to as
Choshen Mishpat (Shu"t Rama #10), or whether the Torah left it to non-Jews
to formulate their own property and other civil laws. If the former is true,
a non-Jew may not sue in a civil court that uses any system of law other
than the Torah. Instead, he must litigate in a beis din or in a court of
non-Jewish judges who follow halachic guidelines. Following this approach,
if a gentile accepts money based on civil litigation, he is considered as
stealing, just as a Jew is. This approach is accepted by many early poskim
(e.g., Tumim 110:3). Some authorities extend this mitzvah further,
contending that the mitzvos governing proper functioning of courts and civil
laws apply to Noahides (Minchas Chinuch #414; 415). Following this approach,
enforcing a criminal code that does not follow the Torah rules violates the
mitzvah of dinim.

As John discovered, some authorities extend this idea quite far. For
example, one of the mitzvos of the Torah prohibits a beis din from
convicting or punishing someone based on circumstantial evidence (Rambam,
Sefer HaMitzvos, Lo Saaseh #290; Sefer HaChinuch #82). If the same applies
to the laws of dinim, a gentile court has no right to use circumstantial
evidence (Minchas Chinuch #82, #409). Thus, John was faced with an
interesting predicament. According to these opinions, a gentile who
prosecutes because of circumstantial evidence might violate the Seven
Mitzvos of Noah even if the accused party appears to be guilty. It is
understood that according to these opinions, one may not prosecute for the
violation of a crime that the Torah does not consider to be criminal, or to
sue for damages for a claim that has no halachic basis.

 

Napoleonic Code and Halacha

On the other hand, other authorities contend that non-Jews are not obligated
to observe the laws of Choshen Mishpat; but instead the Torah requires them
to create their own legal rules and procedures (HaEmek Shaylah #2:3; Chazon
Ish, Bava Kamma 10:1). These authorities rule that gentiles perform a
mitzvah when creating a legal system for themselves such as the Napoleonic
Code, English Common Law, or any other commercial code. Following this
approach, a non-Jew may use secular courts to resolve his litigation and
even fulfills a mitzvah by doing so. Thus, John could certainly continue his
work as a D.A. and that it would be a mitzvah for him to do so.

It is interesting to note that following the stricter ruling in this case
also creates a leniency. According to those who rule that a gentile is not
required to observe the laws of Choshen Mishpat, a gentile may not study
these laws, since the Torah prohibits a gentile from studying Torah (see
Tosafos, Bava Kamma 38a s.v. karu; cf., however, that the Meiri, Sanhedrin
59a, rules that a gentile who decides to observe a certain mitzvah may study
the laws of that mitzvah in order to fulfill it correctly.) However,
according to those who contend that the mitzvos of dinim follow the laws of
Choshen Mishpat, a gentile is required to study these laws in order to
observe his mitzvos properly (Shu"t Rama #10)).

 

John's Dilemma

The rabbis with whom John consulted felt that a gentile could work as a
district attorney. However, John had difficulty with this approach. He found
it difficult to imagine that G-d would allow man to make such basic
decisions and felt it more likely that mankind was expected to observe the
Torah's civil code. He therefore gravitated to the opinion of those who held
that gentiles are required to observe the laws of Choshen Mishpat. As a
result, he felt that he should no longer work in the D.A.'s office, since
his job is to prosecute based on laws and a criminal justice system that the
Torah does not accept.

"What did you do?"

"I decided to 'switch sides' and become a defense attorney, which has a
practical advantage because I make a lot more money."

"How do you handle a case where you know that your client is guilty?"

"Firstly, is he guilty according to halachah? Did he perform a crime? Is
there halachically acceptable evidence? If there is no halachically
acceptable evidence, he is not required to plead guilty. Furthermore, since
none of my clients are Noahides or observant Jews, they can't make it to
heaven anyway, so let them enjoy themselves here. Even if my client is
guilty, the punishment determined by the court is not halachically
acceptable. It is very unclear whether jail terms are halachically
acceptable punishment for gentiles. Philosophically, I was always opposed to
jail time. I think that there are better ways to teach someone to right
their ways than by incarceration, which is a big expense for society."

 

Interesting Noahide Laws

"Have you come across any other curious issues?"

"Here is a really unusual question I once raised," John responded. "Am I
permitted to vote in the elections for a local judge? According to some
authorities, the Torah's prohibition against appointing a judge who is
halachically incompetent applies equally to gentiles (Minchas Chinuch #414).
Thus, one may not appoint a judge to the bench who does not know the
appropriate Torah laws, which precludes all the candidates. When I vote for
one of those candidates, I am actively choosing a candidate who is
halachically unqualified to judge. I therefore decided that although there
are authorities who rule this is permitted, and that therefore it is
permitted to vote, I wanted to be consistent in my position. As a result, I
vote religiously, but not for judgeships.

 

Becoming Jewish

"John, did you ever consider becoming Jewish?"

"First of all, I know that the rabbis will discourage me from becoming
Jewish, particularly since I don't really want to. I know exactly what I am
required to keep and I keep that properly. I have no interest in being
restricted where and what I eat, and I have no interest in observing
Shabbos, which, at present, I may not observe anyway, and that is fine with
me (Gemara Sanhedrin 58b). I am very willing to be a 'Shabbos goy'- and I
understand well what the Jews need -- but it is rare that I find myself in
this role. Remember, I do not live anywhere near a Jewish community.

Although I have never learned how to read Hebrew - why bother, I am not
supposed to study Torah anyway - I ask enough questions from enough rabbis
to find out all I need to know. 

 

In Conclusion

Although it seems strange for a non-Jew to ask a rav a shaylah, this should
actually be commonplace. Indeed, many non-Jews are concerned about their
future place in Olam Haba and, had the nations not been deceived by spurious
religions, many thousands more would observe the mitzvos that they are
commanded. When we meet sincere non-Jews, we should direct them correctly in
their quest for truth. Gentiles who observe these mitzvos because Hashem
commanded them through Moshe Rabbeinu are called "Chassidei Umos HaOlam" and
merit a place in Olam Haba.

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.cs.huji.ac.il/pipermail/rbs/attachments/20100216/9c1b45cb/attachment-0001.html>