View source for Non-Jew in Jewish Law

==Meaning of the Term==

A word of Latin origin (from "gens"; "gentilis"), designating a people not Jewish, commonly applied to non-Jews. The term is said (but falsely so) to imply inferiority and to express contempt. If used at all by Jews of modern times—many of them avoiding it altogether, preferring to speak of "non-Jews"—this construction of its implications must certainly be abandoned as contrary to truth. The word "non-Jew" corresponds to the late Hebrew "goi," a synonym for "nokri," signifying "stranger," "non-Jew." In the Hebrew of the Bible "goi" and its plural "goyyim" originally meant "nation," and were applied both to Israelites and to non-Israelites (Gen. xii. 2, xvii. 20; Ex. xiii. 3, xxxii. 10; Deut. iv. 7; viii. 9, 14; Num. xiv. 12; Isa. i. 4, lx. 22; Jer. vii. 28). "Goi" and "goyyim," however, are employed in many passages to designate nations that are politically distinct from Israel (Deut. xv. 6; xxviii. 12, 36; Josh. xxiii. 4). From this use is derived the meaning "stranger" (Deut. xxix. 24; comp. II Chron. vi. 32 ="'amme ha-'arez."). As the non-Israelite and the nokri were "heathens," "goi" came to denote a "heathen," like the later "'akkum," which, in strict construction, is not applicable to Christians or Mohammedans (see below). In its most comprehensive sense "goi" corresponds to the other late term, "ummot ha-'olam" (the peoples of the world).

Toward idolatry and the immoralities therewith connected, the Biblical writings display passionate intolerance. As the aboriginal population of Canaan was the stumbling-block for Israel, constantly exposed to the danger of being contaminated by Canaanitish idolatrous practises, the seven "goyyim," i.e., nations (Deut. vii. 1, xii. 2), were to be treated with but little mercy; and, more especially, marriages with them were not to be tolerated (Deut. vii. 3; comp. Ex. xxxiv. 16). Notwithstanding this prohibition, mention is made of marriages with non-Hebrews of other stock than the seven nations enumerated (Ruth i. 4; II Sam. iii. 3; I Kings vii. 14, xiv. 21; I Chron. ii. 34), and even of marriages in direct contravention of the prohibitive law (Judges iii. 6; II Sam. xi. 3; I Kings xi. 1 et seq., xvi. 31). This proves that the animosity against non-Hebrews, or "goyyim," assumed to have been dominant in Biblical times among the Hebrews, was by no means intense. The caution against adopting the "h.uk.k.ot ha-goyyim" (Lev. xviii. 2), and the aversion to the customs of "the nations," rest on the recognition of the morally pernicious character of the rites indulged in by the Canaanitish heathens.

==The "Stranger."==

The "stranger," whether merely a visitor ("ger") or a resident ("ger toshab"), was placed under the protection of the Law, though possibly a distinction was made between the transient and the permanent stranger; from the former, for instance, interest could be taken and a debt was collectable even in the Year of Release. But G-d was said to love the stranger (Deut. x. 18; Ps. cxlvi. 9). The native-born was required to love him (Lev. xix. 33-34). Recourse to the courts was open to him (Ex. xxii. 21, xxiii. 9; Deut. xxiv. 17, xxvii. 19). "One law and one statute" was to apply to native and stranger alike (Lev. xxiv. 22; Num. ix. 14; xv. 16, 29; Ex. xii. 49). But of the stranger it was expected thathe would forego the worship of idols (Lev. xx. 2; Ezek. xiv. 7) and the practise of sorcery, incest, or other abominations (Lev. xviii. 26), and that he would refrain from eating blood (Lev. xvii. 10), from working on Sabbath (Ex. xx. 10, xxiii. 12), from eating leavened bread on Pesah. (Ex. xii. 19), and from violating Yom ha-Kippurim (Lev. xvi. 29). For other provisions concerning the stranger, or non-Jew ("goi"), see Lev. xvii. 8; xxiv. 16, 22; Num. xv. 14, xxxv. 15; Deut. xiv. 21; xvi. 11, 14).

Restrictions in the matter of the reception of strangers (see Proselyte and Proselytism) were made in the case of (1) Edomites and Egyptians, who were entitled to acceptance only in the fourth generation, i.e., the third from the original immigrant; and (2) Ammonites and Moabites. These latter two were put on a level with persons of illegitimate birth, and were therefore excluded from "the congregation of the Lord forever" (Deut. xxiii. et seq.; compare the American anti-Chinese legislation).

The strangers, i.e., the goyyim, enjoyed all the benefits of the poor-laws (see Deut. xiv. 28, xxvi. 11; comp. Job i. 7); and the Prophets frequently enjoin kindness toward the non-Israelite (Jer. vii. 6, xxii. 3; Ezek. xxii. 7; Zech. vii. 10; Mal. iii. 5; comp. Ps. xciv. 6).

Non-Israelites figure in the Bible as exemplars of fidelity (see Eliezer), devotion (Ruth), and piety (Job); and Deutero-Isaiah's welcome and promise to the "sons of the stranger" (Isa. lvi. 3-6; comp. Ezek. xlvii. 22) likewise betoken the very opposite of the spirit of haughty exclusiveness and contempt for the non-Israelite said to be characteristic of the Jew and of Judaism.

Under Ezra and Nehemiah, it is true, rigorous measures were proposed to insure the purity of the holy seed of Abraham (Neh. ix. 2; xiii. 3, 23; Ezra ix. 2 et seq., x. 3); but the necessities of the situation justified the narrower policy in this case.

==Judaism Not Hostile to non-Jews.==

In pre-exilic times the intercourse between Israelites and non-Israelites (non-Canaanites) was not very active or extensive, and non-Israelites (Egyptians, Assyrians, Babylonians) always appeared as enemies. But the Exile brought Israel into closer contact with non-Israel. If the conclusions of the critical schools are accepted, according to which the opening chapters of Genesis date from this period, the fact that Israel posits at the beginning of history the unity of all humanity should give pause to the ascription to Judaism of hostility toward the non-Jew majority of humanity. The books of Ruth and Jonah are also documentary proof that the Hebrew racialism of Ezra met with strenuous opposition. Greeks, Syrians, and Romans, the peoples with whom post-exilic Israel had incisive relations, were not animated by a spirit apt to engender in the Jew a responsive sentiment of regard. Nor were their morals ("h.uk.k.ot ha-goyyim") such as to allay the apprehension of faithful Jews as to the probable results of contact. The Maccabean revolution, the struggle against Hellenism, the rise against Rome under both Titus and Hadrian, are the historical background to the opinions expressed concerning non-Jews and the enactments adopted against them. Yet withal, both relatively —by comparison with the attitude of the Greek world toward the non-Greek (barbarian), or with the Roman treatment of the non-Romans (the "pagani") —and absolutely, the sentiments of the Jew toward the non-Jew were superior to the general moral and mental atmosphere. The Essenes certainly represent the cosmopolitan and broadly humanitarian tendencies of Judaism; and as for the Pharisees, their contempt for the non-Jew was not deeper than their contempt for the Jewish 'Am ha-Arez. (the unlearned, suspected always of laxity in religious duty). The golden rule is Pharisaic doctrine (comp. Ab. R. N., Recension B, xxvi., xxix., xxx., xxxiii.).

In judging the halakic enactments one must keep in mind not merely the situation of the Jews—engaged in a bitter struggle for self-preservation and exposed to all sorts of treachery and suffering from persecution—but also the distinction between law and equity. The law can not and does not recognize the right of demented persons, minors, or aliens to hold property. Even modern statutes are based on this principle; e.g., in the state of Illinois, U. S. A., an alien can not inherit real estate. But what the law denies, equity confers. The Talmudic phrase "mi-pene darke shalom" ("on account of the ways of peace"; see below) is the equivalent of the modern "in equity."

==Tannaitic Views of non-Jews.==

How the views of the Tannaim concerning non-Jews were influenced largely by their own personal temper and the conditions of their age, is apparent from an analysis of the discussion on the meaning of Prov. xiv. 34, of which two versions are found: one in Pesik.. 12b; the other in a baraita in B. B. 10b. According to the former, Eliezer, Joshua, and Eleazar b. 'Arak, under their master Johanan ben Zakkai; and Gamaliel, a certain Abin b. Judah, and Neh.unya ben ha-K.ana are the participants. In the latter version, Eliezer, Joshua, Gamaliel, Eleazar of Modi'im, and Neh.unya ben ha-K.ana are mentioned. It is probable that two distinct discussions, one under Johanan ben Zakkai and the other under Gamaliel, were combined, and the names and opinions confounded (see Bacher, "Ag. Tan." i. 38, note). This, however, is immaterial, in view of the fact that each of the men quoted gives a different interpretation; the truly humane one by Neh.unya (in the Pesik.ta, by Eleazar ben 'Arak) alone meeting with the approval of the master. According to R. Eliezer, the maxim "Love, benevolence ["h.esed"] exalteth a nation" refers to Israel; while whatever charity the non-Jews practise is really sinful, the motive being self-glorification. Joshua is of the same opinion, alleging that whatever charitable action the non-Jews do is done to extend their kingdom. Gamaliel also expresses himself to the same effect, adding that the non-Jews, by their impure motive, incur the penalty of Gehenna. Eleazar of Modi'im sides with him, saying that "the non-Jews practise benevolence merely to taunt Israel." But Neh.unya ben ha-K.ana (in the Pesik.ta, Eleazar ben 'Arak) interprets the maxim as follows: "Righteousness exalteth a nation; for benevolence both for Israel and for the non-Jews is a sin-offering." Themaster, approving this construction, explains that, in his view, the passage teaches that as the sin-offering works atonement for Israel, so does benevolence for the non-Jews.

The following anthology of haggadic observations on non-Israelites, or non-Jews is arranged chronologically, as it is essential that the time-element be kept in view and that the opinions of one tanna be not taken as those of the Talmud.

==Gamaliel II.==

Of Gamaliel II. is recorded a conversation with two pseudo-proselyte generals, who, being sent to investigate Jewish practises, take exception only to the provision permitting to a Jew the use of property stolen from a non-Jew (Sifre, Deut. 344; B. K. 38a—the law which, in regard to the damage done by a goring ox, does not put Jew and non-Jew on an equal footing). In Yer. B. K.. 4b they censure also the prohibition of Jewish women from attending non-Jewish women as midwives and nurses. Gamaliel is reported to have repealed the obnoxious law on the use of stolen property, (see Gra"tz in "Monatsschrift," 1881, p. 493).

Eliezer b. Hyrcanus is less tolerant. According to him, the mind of every non-Jew is always intent upon idolatry (Git.. 45b). The cattle of a heathen is unfit for sacrifices ('Ab. Zarah 23b). Explaining Prov. xiv. 34, he maintains that the non-Jews only practise charity in order to make for themselves a name (B. B. 10b; Pesik.. 12b; Gamaliel is credited with the same opinion in B. B. 10b). The persecutions which, at the instigation of Jud?o-Christians, Eliezer had suffered at the hands of the Romans may explain his attitude, as well as his opinion that the non-Jews have no share in the life to come (Tosef., Sanh. xiii. 2; Sanh. 105a). He nevertheless cites the example of a non-Jew, Dama b. Netina, as illustrative of the command to honor father and mother (K.id. 31a; 'Ab. Zarah 23b; comp. Yer. Peah 15c; K.id. 61b; Pesik.. R. xxiii.).

Joshua b. Hananiah, contrary to Eliezer b. Hyrcanus, contends that there are righteous men among the non-Jews, and that these will enter the world to come (Tosef., Sanh. xiii. 2), though as a rule non-Jews cling to vain things and are rejected (Prov. xxviii. 19; Gen. R. lxxxii.). He excludes the descendants of Amalek from the Messianic kingdom (Sifre, Deut. 310; Mek., Yitro, 57a); while all other non-Jews will adopt monotheism ('Ab. Zarah 24a; comp. Pesik.. 28b). He is of the decided opinion that non-Jews (heathen) may lead a righteous life and thus escape Gehenna (see Zunz, "G. V." p. 269, note d; Bacher, "Ag. Tan." i. 159). It is also reported of Joshua b. Hananiah that in a dialogue with the emperor Hadrian—who insisted that, as G-d's name was not mentioned in those parts of the Decalogue addressed to all men, the non-Jews were preferred, Israel being threatened with greater punishments-he controverted that monarch's conclusions by means of an illustration not very complimentary to the non-Jews (Pesik.. R. xxi.).

Eleazar of Modi'im, in reference to Micah iv. 5, explains that Israel, though guilty of the same sins as the non-Jews, will not enter hell, while the non-Jews will (Cant. R. ii. 1). In another of his homilies, however, he speaks of the joy with which the non-Jews blessed Israel for having accepted the Decalogue (Zeb. 116a). On the whole, he is very bitter in his condemnations of the heathen. "They profit by their deeds of love and benevolence to slander Israel" (referring to Jer. xl. 3; B. B. 10a).

Eleazar ben Azariah maintains, on the basis of Ex. xxi. 1, that a judgment rendered by a non-Jewish (Roman) court is not valid for a Jew (Mek., Mishpat.im). There is also recorded a high tribute which he paid to a heathen servant, T.abi, who was so worthy that Eleazar declares he felt that he himself ought to be the servant (Mldr. Mishle to Prov. ix. 2).

Ishmael ben Elisha used to reply to the heathen's benedictions and imprecations: "The word befitting you has long since been uttered." Asked for an explanation, he referred to Gen. xxvii. 29 (Hebr.): "Those that curse thee shall be cursed; those that bless thee shall be blessed" (Gen. R. lxvi.). In order to protect Jews he would decide in their favor, using the non-Jewish or the Jewish code as suited the occasion (Sifre, Deut. 16; in B. K.. 113a this is given as a prescription of his for others to follow, against which Akiba, recognizing that this would be a profanation of G-d's name, protests "mi-pene k.iddush ha-Shem").

==Rabbi Akiba.==

Rabbi Akiba, like Hillel, declared the command to love one's neighbor as oneself (Lev. xix. 18) to be the fundamental proposition of religion (Sifra, K.edoshim, ed. Weiss, p. 89a; Yer. Ned. 41c; Gen. R. xxiv.; comp. Ab. iii. 14; Ab. R. N. xxxix.). Robbery of which a non-Jew is the victim is robbery (B. B. 113a). For his opinion of the non-Jewish peoples, the "Dialogue Between Israel and the non-Jews" is characteristic (Mek., Beshallah., ed. Weiss, p. 44b; Sifre, Deut. 343; Cant. R. i. 3, v. 9, vi. 1). In another dialogue, Israel's monotheism is shown to be far superior to the ever-changing belief of the non-Jews (Mek., Yitro, x.). His contempt for the folly of idolatry as practised by the Romans is apparent in his conversation with Rufus, in which he compares the G-ds to dogs (Tan. Terumah, ed. Stettin, p. 139; comp. Gra"tz, "Gesch." iv. 447).

Among Akiba's disciples Tarphon is noted for his antipathy to the Jud?o-Christians, whose books he would burn without regard for the name of G-d occurring therein, preferring the temple of idolaters to them (Shab. 116a).

Jose the Galilean rebukes Israel for its inconstancy, which he contrasts with the fidelity shown by the non-Jews to their ancestral beliefs (Sifre, Deut. 87). The good done by non-Jews is rewarded (see Gen. xxiii. 5; Sifra, Ah.are Mot, 85b).

Judah ben Baba holds that by the customs of the heathen forbidden in Lev. xviii. 3 were meant the cosmetic arts (Sifra, 86a: see commentary of Abraham ben David ad loc.; comp. Tosef., Sot.ah, xv. 9; Shab. 62b).

==R. Mei"r.==

The warning against the practises of the heathen in Lev. xviii. 3 is interpreted by R. Mei"r (Sifra, 85b) to refer to the superstitions "of the Amorites" (enumerated in Shab. 67a; comp. Mishnah vi., last section). He would not permit Jews to visit the theaters (arenas) of the non-Jews, because blood is spilled and idols are worshiped there (Tosef., 'Ab. Zarah, ii. 5; 'Ab. Zarah 18b; Yer. Sanh. 40a; Ab. R. N. xxi.). Intolerant of idolatry ('Ab. Zarah i. 5, 8; ii. 2, 4; iii. 1; Blumenthal, "Rabbi Mei"r," pp. 82 et seq.), it was Mei"r who insisted that in Lev. xviii. 5 the word "man," not "priest," "Levite," or "Israelite," occurs, and thus claimed that a non-Jew versed in the Torah equals in rank the high priest (B. K.. 38a; Sanh. 59a; Sifra, 86b, where II Sam. vii. 19 ["ha-adam"]; Isa. xxvi. 2, "goi z.addik."; Ps. xxxiii. 1, "z.addik.im," and cxxv. 4, "le-t.obim," are similarly applied to non-Jew and Jew alike). He was on a footing of intimacy with the non-Jew philosopher Euonymos of Gadara (Gra"tz, l.c. iv. 469). In an anecdote, significant as indicating the freedom of intercourse between Jew and non-Jew, Mei"r illustrates the cynic materialism of a rich heathen who, angry at the lack of a trifle at his banquet, which offered "whatever was created in six days," broke a rich plate; pleading that, as the world to come was for Israel, he had to look to this world for his pleasures (Pesik.. 59b; Num. R. xxi.). Mei"r has a conversation with a "hegemon," who expresses his contempt of Israel, calling the Israelites slaves; whereupon Mei"r shows that Israel is a wayward son, always finding, if ready to repent, the father's house open (Jellinek, "B. H." I. 21). This anecdote, also, is significant as showing the sentiments of the non-Jews toward the Jews.

Simon ben Yoh.ai is preeminently the anti-non-Jew teacher. In a collection of three sayings of his, beginning with the keyword (Yer. K.id. 66c; Massek. Soferim xv. 10; Mek., Beshal-lah., 27a; Tan., Wayera, ed. Buber, 20), is found the expression, often quoted by anti-Semites, "T.ob shebe-goyyim harog" (="The best among the non-Jews deserves to be killed"). This utterance has been felt by Jews to be due to an exaggerated antipathy on the part of a fanatic whose life experiences may furnish an explanation for his animosity; hence in the various versions the reading has been altered, "The best among the Egyptians" being generally substituted. In the connection in which it stands, the import of this observation is similar to that of the two others: "The most pious woman is addicted to sorcery"; "The best of snakes ought to have its head crushed" (comp. the saying, "Scratch a Russian and you will find a Tartar").

On the basis of Hab. iii. 6, Simon b. Yoh.ai argued that, of all the nations, Israel alone was worthy to receive the Law (Lev. R. xiii.). The non-Jews, according to him, would not observe the seven laws given to the Noachid? (Tosef., Sot.ah, viii. 7; Sot.ah 35b), though the Law was written on the altar (Deut. xxvi. 8) in the seventy languages. Hence, while Israel is like the patient ass, the non-Jews resemble the easy-going, selfish dog (Lev. R. xiii.; Sifre, Deut., Wezot ha-Berakah, 343). Yet Simon speaks of the friendly reception given to non-Jews (Sifre, Deut. 1). The idols were called "elilim" to indicate that "wo [] is them that worship them" (Jellinek, l.c. v. 78). Simon b. Yoh.ai insists upon the destruction of idols, but in a different manner from that proposed by others ('Ab. Zarah iii. 3; 'Ab. Zarah 43b). He extends to non-Jews the prohibition against sorcery in Deut. xviii. 10 et seq. (Tosef., 'Ab. Zarah, viii. 6; Sanh. 55b).

Judah ben 'Illai recommends the daily recital of the benediction. "Blessed be Thou . . . who hast not made me a goi" (Tosef., Ber. vii. 18: Men. 43b, sometimes ascribed to Mei"r; see Weiss, "Dor," ii. 137). Judah is confident that the heathen (non-Jews) will ultimately come to shame (Isa. lxvi. 5; B. M. 33b).The non-Jews took copies of the Torah, and yet did not accept it (Sot.ah 35b).

Eliezer, the son of Jose the Galilean, calls the non-Jews poor "goyyim dawim," because they would not accept the Torah (Mek., Yitro. 62a), referring to Hab. iii. 6 and Ps. cxlvii. 20.

Joshua ben K.arh.a is reported to have answered the accusation—still repeated in modern anti-Semitic literature—that Israel refuses to celebrate the festivals of the non-Jews—by showing that nature's bounties bring joy to all men alike (Gen. R. xiii.).

Simon ben Gamaliel II. is the author of the saying that strict justice shall be done the non-Jew, who shall elect whether he shall be tried according to the Jewish or the non-Jew code (Sifre, Deut. 16).

Josiah holds that every idolatrous heathen is an enemy of Israel (Mek., Mishpat.im, 99a).

Jonathan insists that eclipses are of bad augury for non-Jews only, according to Jer. x. 2 (Mek., Bo, 19b).

According to Hananiah b. Akabia the word (Ex. xxi. 14) may perhaps exclude the non-Jew; but the shedding of the blood of non-Israelites, while not cognizable by human courts, will be punished by the heavenly tribunal (Mek., Mishpat.im, 80b).

Why non-Jew circuses and theaters continued while the Temple was in ruins, was a perplexing problem for many a plous Jew. Nehorai learns from Elijah that this is the cause of earthquakes (Yer. Ber. 13c; Midr. Teh. to Ps. xviii. 8).

Jacob, the grandson of Elisha ben Abuya, reports having seen a heathen bind his father and throw him to his dog as food (Sifre, Deut. 81).

Simon ben Eleazar does not favor the social amenities (e.g., invitations to wedding-feasts) between non-Jews and Jews (Tosef., 'Ab. Zarah, iv. 6; Ab. R. N. xxvi.; 'Ab. Zarah 8a), referring to Ex. xxxiv. 16.

According to Judah ha-Nasi, the word "goyyim" designates the nations that subjected Israel, while "ummim" denotes those that did not. Both must praise the G-d of Israel (Midr. Teh. to Ps. cxvii. 1).

Phinehas ben Jair prohibits the appropriation of an object lost by a non-Jew, as this is tantamount to desecrating G-d's name (B. K. 113b).

Simon ben Jose likens Israel to a stone, and the non-Jews to a potsherd (Isa. xxx. 14), applying the proverb: "If the stone falls on the pot, wo to the pot; if the pot falls on the stone, wo to the pot." This he offered as a consolation to persecuted Israel (Esther R. iii. 6).

Antigonus complains of the cruelty of the non-Jews toward Israel (Mek., Beshallah., 27a; but see Bacher, "Ag. Tan." ii. 331, note 2).

With regard to the attitude of the Palestinian amoraim toward non-Jews the following facts may be stated:

==Views of the Amoraim.==

That antipathy was due to idolatry itself and not to the fact that idolaters were of non-Jewish stock, appears from H.anina bar H.ama's discussion with Jonathan b. Eleazar of the question whether one should take a road passing by a temple of idols or one passing through a disreputable district, in which the decision was given in favor of the latter ('Ab. Zarah 17a, b). It was also this amora who ascribed moral sanctity to the marriages of non-Jews (Noachid?; Yer. Sanh. 58c), though he himself witnessed gross immoralities perpetrated by non-Jews ('Ab. Zarah 22b). Yet he is credited with the opinion that during the Messianic time only the heathen will be subject to death (Gen. R. xxvi.).

Hezekiah b. H.iyya deduces from II Kings xx. 18 that he who shows hospitality to a heathen brings the penalty of exile upon his own children (Sanh. 104a).

Some of the parables of Joshua b. Levi illustrate strikingly the reciprocal feelings entertained in his day between Jews and non-Jews. The latter accused the former of being descended from illegitimate compulsory connection between their female ancestors and the Egyptians (Pesik.. 82b); the Jews, in turn, likened the Romans to dogs (referring to Isa. lvi. 11; Midr. Teh. to Ps. iv. 8; comp. Matt. xv. 26; Mark vii. 27; Bacher, "Ag. Pal. Amor." 1. 146-147). That Joshua had objections only to the Jews following the evil practises of the non-Jews, is evidenced by his comments on Ezek v. 7, xi. 12 (Sanh. 39b), in which he points out that Israel deserved censure for rejecting the good customs as well as for adopting the evil ones of the nations ("Ye have not done according to the approved among them ["ke-metuk.k.anim she-bahem"], but we have done according to the corrupt ones ["ke-mek.ulk.alim she-bahem"]"). His liberality is also attested in his legendary visits to paradise and hell for the purpose of ascertaining whether non-Jews were to be found in the former (Jellinek, l.c. ii. 48-51).

==Johanan.==

Johanan bar Nappah.a complains of the insults and injuries offered by non-Jews to his people (referring to Lam. iii. 21; Pes. 139b; Cant. R. ii. 14; Ex. R. xxi.). He lays stress on the fact that G-d offered the Law to all nations, who refused to accept it ('Ab. Zarah 2b); therefore while the virus of lust that the serpent injected into Eve was neutralized in Israel, the "nations of the world" still have it in their blood (Shab. 145b; Yeb. 103b; 'Ab. Zarah 22b). "The wise among the heathen is called and must be honored as a wise man" (Meg. 16a), is one of Johanan's sayings, though he is also the author of another which holds that, as the Torah was given as a heritage to Israel, a non-Israelite deserves death if he studies it (Sanh. 59a). Notwithstanding all this, he maintains that non-Jews outside of Palestine are not to be regarded as idolaters, but as observers of their ancestral customs (H.ul. 13b). Significant of the attitude of the non-Jews toward the Jews in his day is his observation that when a non-Jew touches the pot placed on the common hearth by a Jew, the latter does not deem it rendered unclean; but that as soon as a Jew touches the pot of the non-Jew, the latter shouts "Unclean!" (Esther R. ii. 3). Under certain circumstances, Johanan permitted the eating of food prepared by non-Jews (Yeb. 46a). His also is the maxim, "Whosoever abandons idolatry is called 'Jew"' (Meg. 13a).

Resh Lak.ish prohibited the use of water which had been revered by heathens; but he had to recall his decision ('Ab. Zarah 58b; comp. Yer. Sheb. 38b, c, concerning a public bath in which was a statue of Aphrodite).

Eleazar ben Pedat observes that the suggestion of intermarriage always comes from the non-Jew side: "Never does an Israelite put his finger into the mouth of a non-Israelite, unless the latter has first put his into the mouth of the Israelite" (Gen. R. lxxx.). According to Eleazar, the Jew and not the heathen is bound to sanctify G-d's name (Yer. Sheb. 35a). Murders committed by non-Jews are recorded by G-d on His own cloak in order that He may have authentic proof of their atrocities (Midr. Teh. to Ps. ix. 13).

==Abbahu.==

Abbahu calls attention to the fact that the non-Jews as well as Israel were offered the Torah (Pesik.. 200a; Tan., Berakah, 3). He complains also of the insults to which Jews are exposed in the theaters of the non-Jews (Proem 17 to Lam. R.) by non-Jew actors and attendants. He indorsed the law (B. K.. iv. 3) according to which a non-Jew whose ox had been gored by the ox of a Jew was not entitled to damages (B. K.. 32a).

Assi is the author of the injunction not to instruct the non-Jew in the Torah (H.ag. 13a).

Isaac Nappah.a is the author of some parables in which Israel is exalted to offset the slanders of the non-Jews; and the latter, in turn, are spoken of in terms of contumely (Bacher, "Ag. Pal. Amor." ii. 291).

Levi enumerates six commandments (prohibitions of polytheism and of blasphemy; the institution of courts of justice; prohibitions of shedding of blood, of incest, and of robbery) which are binding upon all men (Gen. R. xvi.; Midr. Teh. to Ps. i. 10; the "Torat Adonai" is said to consist of these universal laws; so that to be the "happy" man of whom the psalm speaks one need not necessarily be a Jew). Levi is, however, very severe in his reflections on the morality of the non-Jews (Cant. R. to vi. 8; see Bacher, l.c. p. 329, note 7). Levi claims that the injunction not to take revenge (Lev. xix. 18) does not apply to non-Jews (Eccl. R. viii. 4).

Abba b. Kahana protests, in an explanation of Ruth iv. 16, against racial arrogance on the part of Israel (Ruth R. viii.).

Jonah and Jose permitted the baking of bread for the Roman soldiers on Sabbath-day (Yer. Sheb. 35a; Yer. Sanh. 21b; comp. Yer. Bez.ah 60c). Yet they would not permit the use of a scroll partially burned in a conflagration caused by these same soldiers.

Judan applies the proverb, "A fat animal becomes lean; but a lean one has to give up the ghost," to Israel's maltreatment on the part of the non-Jews (Lam. R. iii. 20).

Phinehas b. H.ama calls attention to the fact that Israel on Sukkot offered seventy heifers for all the nations, and prayed for them, applying the verse (Ps. cix. 4). "On account of my love they attack me" (Pes. 193b). Other stories of his bring out the fact that in his day the Jews were not liked by their non-Jew neighbors (Yer. Peah 16d; Lam. R. i. 11; comp. Josephus, "B. J." iii. 2, § 2).

Abin testifies that Israel was called by others "stubborn" and "stiff-necked" (Ex. R. xlii.: ).

Tanh.uma enjoins that if one is greeted by a non-Jew with the salutation of peace or a blessing, one should answer "Amen!"(; Yer. Ber. 12c; Yer. Suk. 54a; Yer. Meg. 72a), though he likens the nations to wolves and Israel to a lamb (Pesik.. R. ix. [ed. Friedmann, p.32a]).

==Views of Babylonian Amoraim.==

The Babylonian Amoraim advert but rarely to the relations of the Israelites to the non-Jews; and, while on the whole their haggadic interpretations are less numerous than those of the Palestinian schools, the paucity of their comments on non-Jews is noteworthy as illustrative of the fact that the typical non-Jew against whom rabbinical animosity was directed was the depraved Roman. According to Rab, the Saturnalia and the Calends originated with Adam, and were based on purely human sentiments ('Ab. Zarah 8a; Yer. 'Ab. Zarah 39c), a view certainly betokening tolerance for pagan customs. Similarly does Rab recognize the chastity of non-Jewish women, as is shown by his story of the non-Jew woman who when sick was willing to serve any idol in order to be cured, but who upon coming to the temple of Baal-peor preferred to remain sick rather than to take part in the worship of that G-d (Sanh. 64a). It is the immorality of idolatry that more especially strikes him (Sanh. 63b). The moral purpose of the Torah for all men (; Lev. R. xiii.) is one of his themes. His ethical maxims are addressed as a rule to man and not to the Jew (Sanh. 107a).

Cruelty to one's fellow men marks one a non-Abrahamite (Bez.ah 32b). Hospitality like Abraham's—i.e., to all men—Rab commends highly (Shab. 127a; Shebu. 35b; B. M. 86b). For him the Persian empire represented the typical antipode of piety and justice. Hence his saying (in opposition to Samuel), "Guilty of death is he that learns anything from a Magian [Persian]" (Shab. 116b); and the following: "Rather under the Romans than under the Persians" (ib. 11a).

Mar 'Uk.ba, on the other hand, regards Rome as one of the two daughters of Hell (Prov. xxx. 15), the other being Apostasy or Heresy ('Ab. Zarah 17a).

Samuel, for whom the only distinction of the Messianic age is the absence of the subjugation of Israel by non-Jew powers, makes no difference between Israel and the nations as far as G-d's judgment is concerned (Yer. R. H. 57a).

Judah's benediction of the trees in springtide is characteristic of his broad spirit, since he praises G-d for thus delighting the "sons of man," not the Israelite alone (Ber. 43b; R. H. 11a).

Nah.man bar Jacob, finally, forbids every kind of irony and taunt except such as are directed against the idolatry of the non-Jews prevailing in his day (Meg. 28b; Sanh. 63b).


==In Relation to Jews:==

In rabbinic literature, owing to the censor's overvigilance and ignorance, the term "non-Jew" is often erroneously identified with "Kuti" (= "Samaritan"), "Egyptian," "Amalek," etc., and in rare instances is misplaced for "Noz.ri" = "Christian." Thus the censor's zeal to protect "the faith" had the effect of characterizing the Christian as a heathen, which was far from the authors' intention (see "Pah.ad Yiz.h.ak.," , p. 7a). As a rule the Talmud, especially the Mishnah, speaks of the non-Jews who dwelt in Palestine under the Jewish government, either as idolaters or as domiciled aliens ("ger toshab"), bound to observe the seven moral commandments given to Noah's descendants: namely, against (1) idolatry, (2) incest, (3) homicide, (4) robbery, (5) eating limbs of live animals, (6) castration, and (7) the mixing of breeds (Sanh. 56b); and having their own judges in every district and town like the Israelites (ib.), the non-Jews outside of Palestine were not considered strict idolaters, but blind followers in the path of their ancestors (H.ul. 13b).

The seven nations in the Holy Land were to be exterminated for fear they might teach the Israelite conquerors idolatry and immoral practises (Deut. vii. 1-6, xviii. 9-14, xx. 16-18); but in spite of the strenuous efforts of Joshua and other leaders the Israelites could not drive them out of the Promised Land (Josh. xiii. 1-6). Having in view the curbing of assimilation and the protection of the Jewish state and society, the legislators, men of the Great Assembly, adopted stringent measures against these non-Jews. These laws were collected and incorporated in the Mishnah, and were interpreted in the Gemara of the Jerusalem and Babylonian Talmuds. The restrictive regulations may be classified as having been enacted for the following reasons: (1) to exalt monotheism, and Israel as a nation; (2) to combat and outlaw barbarism; (3) to overcome the unreliability of the non-Jew; and (4) to counteract non-Jew laws not in harmony with the humanitarian laws of the Jews.

==Rabbinical Modification of Laws.==

The Pharisees, interpreting the spirit of the Law, and acting under the elastic rule that "there is a time to serve the Lord by relaxing his law" (Ps. cxix. 126, Hebr.; Yoma 69a), permitted the desecration of the Sabbath in besieging a non-Jew city "until it be subdued" (Deut. xx. 20), in accordance with Shammai's interpretation (Shab. 19a). This definition was not new, as already the Maccabeans had taken advantage of it in fighting the enemy unceasingly, putting aside the observance of the Sabbath for the sake of G-d and of their national existence (I Macc. ii. 43, 44). Probably for the same reason (to facilitate war with the non-Jew enemy), the Rabbis modified the laws of purification so as not to apply when one comes in contact with a corpse or human bones, or when one enters an enclosure containing a dead body. With regard to the text "This is the law when a man dieth in a tent" (Num. xix. 14), they held that only Israelites are men, quoting the prophet, "Ye my flock, the flock of my pasture, are men" (Ezek. xxxiv. 31); non-Jews they classed not as men but as barbarians (B. M. 108b). The Talmudic maxim is, "Whoever has no purification laws can not contaminate" (Naz. 61b). Another reason assigned is that it would have been utterly impossible otherwise to communicate with non-Jews, especially in the post-exilic times (Rabinovitz, "Mebo ha-Talmud," p. 5, Wilna, 1894). Patriotism and a desire to regain a settlement in the Holy Land induced the Rabbis, in order not to delay the consummation of a transfer of property in Palestine from a non-Jew to a Jew, topermit the deed to be written on the Sabbath, an act otherwise prohibited (B. K.. 80b).

The barbarian non-Jews who could not be prevailed upon to observe law and order were not to be benefited by the Jewish civil laws, framed to regulate a stable and orderly society, and based on reciprocity. The passage in Moses' farewell address: "The Lord came from Sinai, and rose up from Seir unto them; he shined forth from Mount Paran" (Deut. xxxiii. 2), indicates that the Almighty offered the Torah to the non-Jew nations also, but, since they refused to accept it. He withdrew His "shining" legal protection from them, and transferred their property rights to Israel, who observed His Law. A passage of Habakkuk is quoted as confirming this claim: "G-d came from Teman, and the Holy One from Mount Paran. . . . He stood, and measured the earth; he beheld, and drove asunder [ = "let loose," "outlawed"] the nations" (Hab. iii. 3-6); the Talmud adds that He had observed how the non-Jew nations steadfastly refused to obey the seven moral Noachian precepts, and hence had decided to outlaw them (B. K.. 38a).

==Ashi's Decisions.==

R. Ashi decided that a Jew who sells a non-Jew landed property bordering on the land of another Jew shall be excommunicated, not only on the ground that the non-Jew laws do not provide for "neighbors' boundary privileges" (), but also because the Jewish neighbor may claim "thou hast caused a lion to lie on my border." The ban shall not be raised unless the seller stipulates to keep theJew free from all possible damage arising from any act of the non-Jew (B. K.. 114a). The same Ashi noticed in a vineyard a broken vine-branch bearing a bunch of grapes, and instructed his attendant, if he found that it belonged to a non-Jew, to fetch it; if to a Jew, to leave it. The non-Jew owner overheard the order, and asked: "Is it right to take from a non-Jew?" Ashi replied: "Yes, because a non-Jew would demand money, but a Jew would not" (ib. 113b). This was an adroit and sarcastic answer. In truth, Ashi coincided with the opinion of the authority stated above; namely, that, as the presumption is that the non-Jew obtained possession by seizure, the property is considered public property, like unclaimed land in the desert (B. B. 54b). The consensus of opinion, however, was against this authority. R. Simeon the Pious quotes to show that legal possession was required even in dealing with the Seven Nations: "And thou shalt consume [ = "eat the spoils"] all the people which the Lord thy G-d shall deliver thee" (Deut. vii. 6, Hebr.), meaning that Israel could claim the land only as conquerors, not otherwise (B. K.. 113b).

In one instance a non-Jew had the benefit of the technical term "neighbor," and it was declared that his property was private. The Law provides that an Israelite employed in his neighbor's vineyard or grain-field is allowed to pick there as much as he can eat while working (Deut. xxiii. 25-26). But since the employer in this case was a non-Jew (i.e., not a "neighbor"), the Israelite was forbidden to eat anything without permission (B. M. 87b). As regards the property of this non-Jew perhaps his title to it was not disputed, and it was therefore considered just as sacred as that of a Jew.

Discriminations against non-Jews, while strictly in accordance with the just law of reciprocity and retaliation, having for their object to civilize the heathen and compel them to adopt the civil laws of Noah, were nevertheless seldom practised. The principal drawback was the fear of "profaning the Holy Name" (). Consequently it was necessary to overlook legal quibbles which might appear unjust in the eyes of the world, and which would reflect on the good name and integrity of the Jewish nation and its religion. Another point to be considered was the preservation, "for the sake of peace" ("mi-pene darke shalom"), of the friendly relations between Jew and non-Jew, and the avoidance of enmity (; 'Ab. Zarah 26a; B. K.. 113b).

Not only was the principle of retaliation directed against the heathen non-Jew, but it also operated against the lawless Jewish herdsmen of sheep and other small cattle, who trespassed on private property in Palestine contrary to the ordinance forbidding them to raise their herds inland (Tosef., B. K.. viii. [ed. Zuckermandel, p. 362]; comp. Sanh. 57a). All retaliation or measures of reprisal are based on the Jewish legal maxim of eminent domain, "The judicial authority can annul the right to the possession of property and declare such property ownerless" (, B. B. 9a).

==Discrimination Against non-Jews.==

Another reason for discrimination was the vile and vicious character of the non-Jews: "I will provoke them to anger with a foolish nation " (= "vile," "contemptible"; Deut. xxxii. 21). The Talmud says that the passage refers to the non-Jews of Barbary and Mauretania, who walked nude in the streets (Yeb. 63b), and to similar non-Jews, "whose flesh is as the flesh of asses and whose issue is like the issue of horses" (Ezek. xxiii. 20); who can not claim a father (Yeb. 98a). The non-Jews were so strongly suspected of unnatural crimes that it was necessary to prohibit the stabling of a cow in their stalls ('Ab. Zarah ii. 1). Assaults on women were most frequent, especially at invasions and after sieges (Ket. 3b), the Rabbis declaring that in case of rape by a non-Jew the issue should not be allowed to affect a Jewish woman's relation to her husband. "The Torah outlawed the issue of a non-Jew as that of a beast" (Mik.. viii. 4, referring to Ezek. l.c.).

Excepting the Greeks, no non-Jews, not even the Persians, were particular in shedding blood (B. K.. 117a). "Meeting a non-Jew on the road armed with a sword [on his left], the Jew shall let him walk on his right [being thus ready to wrench away the weapon if threatened with it]. If the non-Jew carries a cane [in his right hand], the Jew shall let him walk at his left [so that he may seize the cane if raised against him]. In ascending or descending the Jew shall always be above, and shall not stoop down for fear of assassination. If the non-Jew ask to be shown the way, the Jew shall extend his own journey a point farther and shall not tarry on reaching the stranger's destination" ('Ab. Zarah 25b).

Taking these conditions into consideration, the precautions against the employment of non-Jew midwives can be easily understood. A non-Jew woman was not allowed to suckle a Jewish babe, save in the presence of Jews. Even so it was feared that the non-Jew nurse might poison the child (ib. 25a). As a retaliative measure, or for fear of accusation, the Rabbis forbade Jewish midwives and nurses to engage themselves in non-Jew families, unless offered a fee for the service or to avoid enmity (ib.). The same rule applied to physicians (Maimonides, "Yad," 'Akkum, ix. 16). The Roman laws ordained that physicians should be punished for neglect or unskilfulness, and for these causes many were put to death (Montesquieu, "L'Esprit des Lois," xxix. § 14). In a place where no Jewish physician could be found to perform the rite of circumcision the question arose whether a non-Jew or a Samaritan mohel might be chosen to operate. If the non-Jew is "an expert physician patronized by the public, he may be employed, as it is presumed he would not jeopardize his reputation by purposely injuring a Jewish patient" ('Ab. Zarah 27a).

==Unreliability of non-Jews.==

With such a character as that depicted above, it would naturally be quite unsafe to trust a non-Jew as a witness, either in a criminal case or in a civil suit. He could not be depended upon to keep his promise or word of honor like a Jew (Bek. 13b). The Talmud comments on the untruthfulness of non-Jews ("a band of strange children whose mouth speaketh vanity, and their right hand [in raising it to take an oath] is a right hand of falsehood" [Ps. cxliv. 11]), and contrasts it with thereputation of a Jew: "The remnant of Israel shall not do iniquity nor speak lies; neither shall a deceitful tongue be found in their mouth" (Zeph. iii. 13). Also excluded as a "neighbor" was the non-Jew in whose trust property was left with all prescribed provisions (Ex. xxii. 6-14). The Torah does not discriminate against the testimony of a non-Jew, save when he is held to be a robber; when it is thought that he has no intention of perjuring himself he is believed (Mordecai, Annotations to Rosh Git.. 10). Hence documents and deeds prepared by non-Jew notaries in their courts are admitted as valid evidence (Git.. i. 4). R. Simeon even validates a Jewish writ of divorce signed by a non-Jew notary (ib.). In dietary cases, where a non-Jew is disinterested his evidence is accepted (Shulh.an 'Aruk, Yoreh De'ah, 86, 1). A non-Jew's testimony to a man's death, incidentally related as a matter of fact, he being unaware that his evidence is wanted, is held sufficient to release a woman from her marriage bond and to permit her to marry again (Git.. 28b; Shulh.an 'Aruk, Eben ha-'Ezer, 17, 14; see 'Agunah).

==As Suitors in Civil Cases.==

After the destruction of Jerusalem the condition of the non-Jews in general was somewhat improved by the establishment of Roman courts of justice; but the laws of the latter, borrowed from the Persians and modified by feudalism, never attained the high standard of Jewish jurisprudence. Even under the Roman supremacy the Jews were permitted to decide their civil and criminal cases in accordance with their own code of laws, just as in countries like Turkey, China, and Morocco extra-territorial rights are granted by treaty to the consular courts of foreign nations. In a mixed trial where the suitors were respectively Jew and non-Jew, the Jew had to abide by the harsh and illogical laws of the non-Jews; and for this the Jew retaliated whenever occasion arose.

It sometimes happened that the non-Jew, wishing to take advantage of the liberal Jewish laws, summoned his Jewish opponent to a Jewish court. In such cases the non-Jew would gain little benefit, as he would be dealt with in accordance with the Jewish or the non-Jew law, as might be least advantageous to him. The judge would say: "This is in accordance with our law" or "with your law," as the case might be. If this was not satisfactory to the non-Jew, legal quibbles and circumventions might be employed against him. R. Akiba, however, would not permit such proceedings, which tended to profane the Holy Name (B. K.. 113a).

The differences between their laws were the main barriers between Jew and non-Jew. The Talmud would excommunicate a Jew who without a summons testified in a petty non-Jew court as a single witness against a Jew, for the Jewish law required at least two witnesses. But in the supreme court a single Jewish witness might testify, as the non-Jew judge would administer the oath to the defendant, which proceeding was similar to that prescribed by Jewish law (ib.).

The Jewish mode of acquisition of real property by deed or by three years' undisputed possession did not apply to non-Jews (K.id. 14b), who as a rule acquired their property by seizure. The Persian laws leased property for a term of forty years, so that three years' occupation would not amount to a presumption of purchase (B. B. 55a). In case of transfer of chattels, a money payment was sufficient without delivery or removal, which the Jewish law required (B. K.. 13a). Part payment or a consideration was not valid (B. B. 54b).

Acquisition by a consideration was an old established Jewish law: "This was the manner in former time in Israel concerning redeeming and concerning changing, for to confirm all things; a man plucked off his shoe and gave it to his neighbor" (Ruth iv. 7). The article of consideration in "former times" was changed in later times to a kerchief (). The non-Jews did not admit acquisition by a consideration. Transfers of their property were effected only for ready money to the full amount (K.id. 8a). The Persians bound themselves by an exchange of presents, which was considered equivalent to a word of honor, but not, however, in the sense of a consideration ('Ab. Zarah 71a).

The Persian law ordered the guarantor to pay immediately on the default of the debtor; while the Jewish law required the creditor first to proceed against the debtor, and that then, if the debt were not paid, he should sue the guarantor (B. B. 173b, 174a).

The Jewish law against overcharging one-sixth or more above the current price of marketable merchandise—a violation of which affected the validity of the sale—applied only to a Jew or domiciled alien, not to a non-Jew. "If thou sell ought unto thy neighbor, or buyest ought of thy neighbor's hand, ye shall not oppress [overcharge] one another" (Hebr. = "his brother"; Lev. xxv. 14), was contrary to the non-Jew legal maxim, "A bargain is a bargain." For this the non-Jew was paid in his own coin, so to speak. Samuel declared legal a transaction in which an error has been made by miscalculation on the part of a non-Jew. Following out his theory, Samuel was unscrupulous enough to purchase from a non-Jew a gold bar for four zuz, which was the price of an iron bar; he even beat down the price one zuz. Such transactions, while regarded as perfectly proper and legitimate among the non-Jews, were not tolerated among the Jews themselves.

On the other hand, there were many examples of cases in which Jews refused to take advantage of errors. A rabbi once purchased wheat from a non-Jew agent, and, finding therein a purseful of money, restored it to the agent, who blessed "the G-d of the Jews." Simeon b. Shat.ah. restored a valuable pearl he had found on a donkey to the non-Jew of whom he had purchased the beast (Yer. B. M. ii. 5). In cases of wilful murder, an alien non-Jew who observed the Noachian laws which forbid murder was treated like a Jew. "One law and one manner [judgment] shall be for you and for the stranger that so-journeth with you" (Num. xv. 16)—that is, provided he abides by the same law. According to the Talmud, there is a difference between a domiciled alien (), one who abandoned idolatry in order to be allowed to settle in Palestine, and a true alien (), who voluntarily and conscientiously observed the Noachian laws (see Proselyte and Proselytism). In regard to manslaughter (unpremeditated homicide), for which the culprit was exiledto a city of refuge (Num. xxxv. 11), the Mishnah says: "All were exiled for the manslaughter of an Israelite; and an Israelite was exiled for the manslaughter of others, save a domiciled alien. The latter was exiled for the manslaughter of another domiciled alien" (Mak. ii. 3). This was in accord with the general rule that a man could not be sentenced to death without a previous warning (; Sanh. 57a); and since such forewarning was necessarily lacking in cases of manslaughter, the Israelite guilty thereof was simply exiled, this step being taken to forestall the avenger of blood. The Gemara to the Mishnah cited above (Mak. 8b) holds that an alien was not entitled to the forewarning, and hence should be executed.

==non-Jew Property Exempt from Fines.==

For robbery or defaulting in a trust the guilty person was required to repay the principal and to pay one-fifth in addition (Lev. v. 21-24 [A. V. vi. 2-4]); in other cases fines, ranging from double to four and five times the original amount for theft, were imposed (Ex. xxii. 1-4). Where the stolen property belonged to a non-Jew or to the public, however, the guilty was required to pay only the principal, without the additional fines (Maimonides, "Yad," Gezelah, i.7). As the fine was a personal compensation, the public, lacking individuality, could not receive it; nor could a non-Jew, since his own laws were at variance with reason and justice. For example, the Twelve Tables ordained that a thief be whipped with rods and condemned to slavery; and the Greeks inflicted capital punishment for stealing even a trifle.

==non-Jew Poor to Be Supported.==

The prohibition of usury, or rather of taking any amount over and above that of the original loan, specifies of "a poor brother" and a stranger (alien) "that he may live with thee" (Ex. xxii. 25; Lev. xxv. 35-37). "Unto a stranger [= "foreigner"], however, thou mayest lend upon usury" (Deut. xxiii. 20). This was a purely economic measure, encouraging a tax on loans to foreigners, and cautioning against impoverishing the domestic producer. The non-Jew was considered a foreigner whom an Israelite need not support, and his own laws did not prohibit usury. The Jewish prohibition extended to the alien ("ger"), as the text plainly indicates; but there is a question whether it included a domiciled alien ("ger toshab"; B. M. 71a). Nevertheless the Mishnah says the non-Jew poor shall be supported together with the Jewish poor, for the sake of peace (Git.. 61a). The Talmud also says that a pious Jew shall not take interest from a non-Jew, and quotes Ps. xv. 5: "He that putteth not out his money to usury" (Mak. 24b). In fact, the Talmud did not tolerate the charging of interest to non-Jews (B. M. 71a). See Usury.

The relation of the Jews to the ruling government was fixed by Samuel's maxim, "The law of the land is binding," thus validating all enactments of the land not in conflict with the Jewish religion, and rendering unto C?sar his due as regards taxes and imposts, which no one might evade—provided, however, that the taxes were authorized (B. K.. 113a). Rabbenu Tam, defining this maxim, adds: "provided the king's edicts are uniform, and apply to all his subjects in all his dominions." R. Eliezer of Metz says: "provided the king taxes his own subjects and settlers; but he can not extort money from journeymen passing through his dominion without having any intention to remain there. Otherwise, it is not law, but robbery" (Mordecai in B. K.. x. § 215; Annotations to Rosh Ned. iii. 11).

==non-Jews May Not Be Taught the Torah.==

Inasmuch as the Jews had their own distinct jurisdiction, it would have been unwise to reveal their laws to the non-Jews, for such knowledge might have operated against the Jews in their opponents' courts. Hence the Talmud prohibited the teaching to a non-Jew of the Torah, "the inheritance of the congregation of Jacob" (Deut. xxxiii. 4). R. Johanan says of one so teaching: "Such a person deserves death" (an idiom used to express indignation). "It is like placing an obstacle before the blind" (Sanh. 59a; H.ag. 13a). And yet if a non-Jew study the Law for the purpose of observing the moral laws of Noah, R. Mei"r says he is as good as a high priest, and quotes: "Ye shall therefore keep my statutes, and my judgments, which if a man do, he shall live in them" (Lev. xviii. 5). The text does not specify an Israelite or a Levite or a priest, but simply "a man"—even a non-Jew ('Ab. Zarah 26a).

Resh Lak.ish (d. 278) said, "A non-Jew observing the Sabbath deserves death" (Sanh. 58b). This refers to a non-Jew who accepted the seven laws of the Noachid?, inasmuch as "the Sabbath is a sign between G-d and Israel alone," and it was probably directed against the Christian Jews, who disregarded the Mosaic laws and yet at that time kept up the observance of the Jewish Sabbath. Rabbina, who lived about 150 years after the Christians had changed the day of rest to Sunday, could not quite understand the principle underlying Resh Lak.ish's law, and, commenting upon it, added: "not even on Mondays [is the non-Jew allowed to rest]"; intimating that the mandate given to the Noachid? that "day and night shall not cease" (="have no rest ") should be taken in a literal sense (Gen. viii. 22)—probably to discourage general idleness (ib. Rashi), or for the more plausible reason advanced by Maimonides, who says: "The principle is, one is not permitted to make innovations in religion or to create new commandments. He has the privilege to become a true proselyte by accepting the whole Law" ("Yad," Melakim, x. 9). R. Emden (), in a remarkable apology for Christianity contained in his appendix to "Seder 'Olam" (pp. 32b-34b, Hamburg, 1752), gives it as his opinion that the original intention of Jesus, and especially of Paul, was to convert only the non-Jews to the seven moral laws of Noah and to let the Jews follow the Mosaic law—which explains the apparent contradictions in the New Testament regarding the laws of Moses and the Sabbath.

==Present Status of the non-Jew.==

With the conversion of the non-Jew to Christianity or to Islam, the heathen and pagan of the civilized or semi-civilized world has become almost extinct, and the restrictions placed on the ancient non-Jew are not applicable to the non-Jew of the present day, except in so far as to consider him a Noachian observingall moral laws, in contradistinction to the Jew, who as one of the chosen people observes in addition the Mosaic laws. That the laws against the non-Jew as a barbarian were not entirely expunged from the rabbinic literature after the advent of Christianity, was due to the persecutions and the barbaric treatment of the Jews in the Middle Ages. The gradual decrease of animosity may, however, be noted by comparing the various codes and collections of responsa. For example, that a Jewish physician should be forbidden to offer his services to a non-Jew was contrary to the general practise of the Jews in the Middle Ages. Maimonides himself became the physician of Sultan Saladin in Egypt. The prohibition against the employment of a non-Jew nurse or midwife "except a Jewess stands by her" was modified by an eminent authority with "so long as there is a Jew living in that town who is liable to come into the house" (Moses of Coucy, "Semag," § 45). That no such distinction exists anywhere nowadays is an acknowledged fact, proving conclusively that the Rabbis regulate their decisions in accordance with the spirit of the Jewish law.

The special Jewish jurisdiction in civil cases is still maintained in the Orient, in some parts of Europe, and even in America, where the bet din administers the law, mostly by arbitration, effecting a compromise between the litigants for the sake of avoiding the "law's delay" and of saving the expenses of trial in the secular courts. See also Aliens; Noachian Laws; Proselytes and Proselytism; Usury; Worship, Idol.

For Talmud references compare the expurgations by the censor in the various editions of , of which the Cracow ed., 1894, is the more complete.E. G. H. J. D. E.

==From the Post-Talmudic Period to the Present Time==

The opinions of a few of the noted and authoritative scholars are here cited to show the favorable change which the attitude of the Jews toward the non-Jews underwent in post-Talmudic times.

R. Sherira Gaon, president of the college in Pumbedita in the tenth century, permitted Jews to bring suit in a non-Jew court on the defendant's refusal to have the case adjudicated by a Jewish tribunal. "Even if the Jew be the robber and the non-Jew the one robbed, it is the duty of those who know it to so testify before the justice" (quoted in "Be'er ha-Golah" to Shulh.an 'Aruk, H.oshen Mishpat.; see also ib. 426, 5).

Maimonides (twelfth century), in his code written in Egypt, says: "It is forbidden to defraud or deceive any person in business. Jew and non-Jew are to be treated alike. If the vendor knows that his merchandise is defective, he must so inform the purchaser. It is wrong to deceive any person in words, even without causing him a pecuniary loss ("Yad," Mekirah, xviii. 1). In his Mishnaic commentary Maimonides remarks: "What some people imagine, that it is permissible to cheat a non-Jew, is an error, and based on ignorance. The Almighty—praised be His Name!—instructed us that in redeeming a Hebrew servant from the services of a non-Jew owner 'he shall reckon with him that bought him'" (Lev. xxvi. 50), meaning to be careful in his calculation not to cheat the non-Jew. This was in Palestine, where the Jews had the upper hand over the non-Jews. How much more should the law be observed at the present time, when they have no sovereignty over the non-Jews. Moreover, neglect of the precept would cause the desecration of His Name, which is a great sin. Deception, duplicity, cheating, and circumvention toward a non-Jew are despicable to the Almighty, as "all that do unrighteously are an abomination unto the Lord thy G-d" (Deut. xxv. 16; commentary to Kelim xii. 7).

Moses of Coucy (thirteenth century) writes: "I have been preaching before those exiled to Spain and to other non-Jew countries, that, just because our exile is so prolonged, it behooves Israel to separate from worldly vanities and to cleave to the seal of the Holy One, which is Truth, and not to lie, either to Jew or non-Jew, nor to deceive them in the least thing; to consecrate themselves above others, as 'the remnant of Israel shall not do iniquity nor speak lies.' . . . Behold, the visitation of the Flood for the violence done to the wicked non-Jews!" ("Semag," § 74).

==Opinions of Jewish Scholars.==

About the same period R. Judah of Ratisbon, compiler of the "Sefer H.asidim," quotes: "It is forbidden to deceive any person, even a non-Jew. Those who purposely misconstrue the greeting to a non-Jew are sinners. There can be no greater deception than this" ("Sefer H.asidim," § 51, Frankfort-on-the-Main, 1817). "If either a Jew or non-Jew should request a loan, he should get a frank answer. Do not say, 'I have no money,' when the reason is the fear to trust" (ib. § 426). "One shall not act in bad faith even to non-Jews. Such acts often bring down a person from his rank; and there is no luck in his undertaking. If perchance he succeeds, punishment is visited on his children" (ib. § 1074).

In the fifteenth century R. Isaac b. Sheshet, who lived in North Africa, in response to an inquiry regarding the status of a non-Jew, quotes authorities to prove that the non-Jews nowadays are not ultraidolaters, and consequently are not subject to the Talmudic restrictions mentioned above. He further says: "We must not presume that such restrictions were fixed rabbinical ordinances, not to be changed. On the contrary, they were made originally to meet only the conditions of the generations, places, and times" (Responsa, No. 119).

Caro (sixteenth century), the author of the Shulh.an 'Aruk, decides that "the modern non-Jews are not reckoned as heathen with reference to the restoration of lost articles and other matters" (Bet Joseph to T.ur H.oshen Mishpat., § 266; see also T.ur Yoreh De'ah, § 148, ed. Venice, 1551).

R. Benjamin (seventeenth century), replying to an inquiry regarding an error of a non-Jew in overpayingeighteen ducats, says: "For the sake of consecrating the Holy Name, a Jew shall correct and make good the error of a non-Jew. . . . Jacob charged his sons to return to the governor of Egypt the silver put, perhaps by oversight, in the sacks of corn purchased by them from him. One must not take advantage of an error made either by a Mohammedan or by a Christian. Otherwise, the nations would rightly reproach the chosen people as thieves and cheats. I myself had occasion to restore to a non-Jew money received through error" (Benjamin Beer, Responsa, No. 409, Venice, 1539).

Eliezer of Mayence writes: "The commandment prohibiting theft, like those against murder and adultery, applies to both Jews and non-Jews" ("Sefer Ra'aban," § 91, Prague, 1610).

Ezekiel Landau (eighteenth century), in the introduction to his responsa "Noda' bi-Yehudah" (ib. 1776), says: "I emphatically declare that in all laws contained in the Jewish writings concerning theft, fraud, etc., no distinction is made between Jew and non-Jew; that the titles 'goi,' ''akkum,' etc., in no-wise apply to the people among whom we live."

Senior Zalmon (d. 1813), the representative authority of the modern H.asidim, in his version of the Shulh.an 'Aruk (vi. 27b, Stettin, 1864), says: "It is forbidden to rob or steal, even a trifle, from either a Jew or non-Jew, adult or minor; even if the non-Jew grieved the Jew, or even if the matter devolved is not worth a peruta [mite], except a thing that nobody would care about, such as abstracting for use as a toothpick a splinter from a bundle of wood or from a fence. Piety forbids even this."

Israel Lipschu"tz (nineteenth century), in his commentary to the Mishnah, says: "A duty devolves upon us toward our brethren of other nations who recognize the unity of G-d and honor His Scriptures, being observers of the seven precepts of Noah. . . . Not only do these non-Jews protect us, but they are charitably inclined to our poor. To act otherwise toward these non-Jews would be a misappreciation of their kindness. One should say with Joseph: 'How can I do this great wickedness and sin against G-d?'" ("Tif'eret Yisrael" to B. K.. iv. 4).