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Jewish
History, Jewish Religion:
The Weight of
Three Thousand Year
Page II
by
Professor Israel Shahak
"Jewish
History, Jewish Religion" may be purchased at: http://www.amazon.com
CHAPTER 5
The Laws
Against Non-Jews From: "Jewish History, Jewish Religion: The Weight of
Three Thousand Years" by Professor Israel Shahak
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.
End, Chapter 5
CHAPTER 6
Political
Consequences
From:
"Jewish History, Jewish Religion: The Weight of Three Thousand Years"
by Professor Israel Shahak
Political Consequences THE
PERSISTENT ATTITUDES of classical Judaism toward non-Jews strongly influence its
followers, Orthodox Jews and those who can be regarded as its continuators,
Zionists. Through the latter it also influences the policies of the State of
Israel. Since 1967, as Israel becomes more and more 'Jewish', so its policies
are influenced more by Jewish ideological considerations than by those of a
coldly conceived imperial interest. This ideological influence is not usually
perceived by foreign experts, who tend to ignore or downplay the influence of
the Jewish religion on Israeli policies. This explains why many of their
predictions are incorrect.
In fact, more Israeli
government crises are caused by religious reasons, often trivial, than by any
other cause. The space devoted by the Hebrew press to discussion of the
constantly occurring quarrels between the various religious groups, or between
the religious and the secular, is greater than that given any other subject,
except in times of war or of security-related tension. At the time of writing,
early August 1993, some topics of major interest to readers of the Hebrew press
are: whether soldiers killed in action who are sons of non-Jewish mothers will
be buried in a segregated area in Israeli military cemeteries; whether Jewish
religious burial associations, who have a monopoly over the burial of all Jews
except kibbutz members, will be allowed to continue their custom of circumcising
the corpses of non-circumcised Jews before burying them (and without asking the
family's permission); whether the import of non-kosher meat to Israel, banned
unofficially since the establishment of the state, will be allowed or banned by
law. There are many more issues of this kind which are of a much greater
interest to the Israeli- Jewish public than, let us say, the negotiations with
the Palestinians and Syria.
The attempts made by a few
Israeli politicians to ignore the factors of 'Jewish ideology' in favor of
purely imperial interests have led to disastrous results. In early 1974, after
its partial defeat in the Yom Kippur War, Israel had a vital interest in
stopping the renewed influence of the PLO, which had not yet been recognized by
the Arab states as the solely legitimate representative of the Palestinians. The
Israeli government conceived of a plan to support Jordanian influence in the
West Bank, which was quite considerable at the time. When King Hussein was asked
for his support, he demanded a visible quid pro quo. It was arranged that his
chief West Bank supporter, Sheikh Jabri of Hebron, who ruled the southern part
of the West Bank with an iron fist and with approval of then Defense minister
Moshe Dayan, would give a party for the region's notables in the courtyard of
his palatial residence in Hebron. The party, in honor of the king's birthday,
would feature the public display of Jordanian flags and would begin a
pro-Jordanian campaign. But the religious settlers in the nearby Kiryat-Arba,
who were only a handful at the time, heard about the plan and threatened Prime
Minister Golda Meir and Dayan with vigorous protests since, as they put it,
displaying a flag of a 'non-Jewish state' within the Land of Israel contradicts
the sacred principle which states that this land 'belongs' only to Jews. Since
this principle is accepted by all zionists, the government had to bow to their
demands and order Sheikh Jabri not to display any Jordanian flags. Thereupon
Jabri, who was deeply humiliated, canceled the party and, at the Fez meeting of
the Arab League which occurred soon after, King Hussein voted to recognize the
PLO as the sole representative of the Palestinians. For the bulk of
Israeli-Jewish public the current negotiations about 'autonomy' are likewise
influenced more by such Jewish ideological considerations than by any others.
The conclusion from this
consideration of Israeli policies, supported by an analysis of classical
Judaism, must be that analyses of Israeli policy-making which do not emphasize
the importance of its unique character as a 'Jewish state' must be mistaken. In
particular, the facile comparison of Israel to other cases of Western
imperialism or to settler states, is incorrect. During apartheid, the land of
South Africa was officially divided into 87 per cent which 'belonged' to the
whites and 13 per cent which was said officially to 'belong' to the Blacks. In
addition, officially sovereign states, embodied with all the symbols of
sovereignty, the so-called Bantustans, were established. But 'Jewish ideology'
demands that no part of the Land of Israel can be recognized as 'belonging' to
non-Jews and that 110 signs of sovereignty, such as Jordanian flags, can be
officially allowed to be displayed. The principle of Redemption of the Land
demands that ideally all the land, and not merely, say, 87 per cent, will in
time be 'redeemed', that is, become owned by Jews. 'Jewish ideology prohibits
that very convenient principle of imperialism, already known to Romans and
followed by so many secular empires, and best formulated by Lord Cromer: 'We do
not govern Egypt, we govern the governors of Egypt.' Jewish ideology forbids
such recognition; it also forbids a seemingly respectful attitude to any
'non-Jewish governors' within the Land of Israel. The entire apparatus of client
kings, sultans, maharajas and chiefs or, in more modern times, of dependent
dictators, so convenient in other cases of imperial hegemony, cannot be used by
Israel within the area considered part of the Land of Israel. Hence the fears,
commonly expressed by Palestinians, of being offered a 'Bantustan' are totally
groundless. Only if numerous Jewish lives are lost in war, as happened both in
1973 and in the 1983-5 war aftermath in Lebanon, is an Israeli retreat
conceivable since it can be justified by the principle that the sanctity of
Jewish life is more important than other considerations. What is not possible,
as long as Israel remains a 'Jewish state', is the Israeli grant of a fake, but
nevertheless symbolically real sovereignty, or even of real autonomy, to
non-Jews within the Land of Israel for merely political reasons. Israel, like
some other countries, is an exclusivist state, but Israeli exclusivism is
peculiar to itself.
In addition to Israeli
policies it may be surmised that the 'Jewish ideology' influences also a
significant part, maybe a majority, of the diaspora Jews. While the actual
implementation of Jewish ideology depends on Israel being strong, this in turn
depends to a considerable extent on the support which diaspora Jews,
particularly US Jews, give to Israel. The image of the diaspora Jews and their
attitudes to non-Jews, is quite different from the attitudes of classical
Judaism, as described above. This discrepancy is most obvious in
English-speaking countries, where the greatest falsifications of Judaism
regularly occur. The situation is worst in the USA and Canada, the two states
whose support for Israeli policies, including policies which most glaringly
contradict the basic human rights of non-Jews, is strongest.
US support for Israel, when
considered not in abstract but in concrete detail, cannot be adequately
explained only as a result of American imperial interests. The strong influence
wielded by the organized Jewish community in the USA in support of all Israeli
policies must also be taken into account in order to explain the Middle East
policies of American Administrations. This phenomenon is even more noticeable in
the case of Canada, whose Middle Eastern interests cannot be considered as
important, but whose loyal dedication to Israel is even greater than that of the
USA In both countries (and also in France, Britain and many other states) Jewish
organizations support Israel with about the same loyalty which communist parties
accorded to the USSR for so long. Also, many Jews who appear to be active in
defending human rights and who adopt non-conformist views on other issues do, in
cases affecting Israel, display a remarkable degree of totalitarianism and are
in the forefront of the defense of all Israeli policies. It is well known in
Israel that the chauvinism and fanaticism in supporting Israel displayed by
organized diaspora Jews is much greater (especially since 1967) than the
chauvinism shown by an average Israeli Jew. This fanaticism is especially marked
in Canada and the USA but because of the incomparably greater political
importance of the USA, I will concentrate on the latter. It should, however, be
noted that we also find Jews whose views of Israeli policies are not different
from those held by the rest of the society (with due regard to the factors of
geography, income, social position and so on).
Why should some American
Jews display chauvinism, some-times extreme, and others not? We should begin by
observing the social and therefore also the political importance of the Jewish
organizations which are of an exclusive nature: they admit no non-Jews on
principle. (This exclusivism is in amusing contrast with their hunt to condemn
the most obscure non-Jewish club which refuses to admit Jews.) Those who can be
called 'organized Jews', and who spend most of their time outside work hours
mostly in the company of other Jews, can be presumed to uphold Jewish
exclusivism and to preserve the attitudes of the classical Judaism to non-Jews.
Under present circumstances they cannot openly express these attitudes toward
non-Jews in the USA where non-Jews constitute more than 97 per cent of the
population. They compensate for this by ex- pressing their real attitudes in
their support of the 'Jewish state' and the treatment it metes to the non-Jews
of the Middle East.
How else can we explain the
enthusiasm displayed by so many American rabbis in support of, let us say,
Martin Luther King, compared with their lack of support for the rights of
Palestinians, even for their individual human rights? How else can we explain
the glaring contradiction between the attitudes of classical Judaism toward
non-Jews, which include the rule that their lives should not be saved except for
the sake of Jewish interest, with the support of the US rabbis and organized
Jews for the rights of the Blacks? After all, Martin Luther King and the
majority of American Blacks are non-Jews. Even if only the conservative and
Orthodox Jews, who together constitute the majority of organized American Jews,
are considered to hold such opinions about the non-Jews, the other part of
organized US Jewry, the Reform, had never opposed them, and, in my view, show
themselves to be quite influenced by them.
Actually the explanation of
this apparent contradiction is easy. It should be recalled that Judaism,
especially in its classical form, is totalitarian in nature. The behavior of
supporters of other totalitarian ideologies of our times was not different from
that of the organized American Jews. Stalin and his supporters never tired of
condemning the discrimination against the American or the South African Blacks,
especially in the midst of the worst crimes committed within the USSR. The South
African apartheid regime was tireless in its denunciations of the violations of
human rights committed either by communist or by other African regimes, and so
were its supporters in other countries. Many similar examples can be given. The
support of democracy or of human rights is there- fore meaningless or even
harmful and deceitful when it does not begin with self-critique and with support
of human rights when they are violated by one's own group. Any support of human
rights in general by a Jew which does not include the support of human rights of
non-Jews whose rights are being violated by the 'Jewish state' is as deceitful
as the support of human rights by a Stalinist. The apparent enthusiasm displayed
by American rabbis or by the Jewish organizations in the USA during the 1950s
and the 1960s in support of the Blacks in the South, was motivated only by
considerations of Jewish self-interest, just as was the communist support for
the same Blacks. Its purpose in both cases was to try to capture the Black
community politically, in the Jewish case to an unthinking support of Israeli
policies in the Middle East.
Therefore, the real test
facing both Israeli and diaspora Jews is the test of their self-criticism which
must include the critique of the Jewish past. The most important part of such a
critique must be detailed and honest confrontation of the Jewish attitude to
non-Jews. This is what many Jews justly demand from non-Jews: to confront their
own past and so become aware of the discrimination and persecutions inflicted on
the Jews. In the last 40 years the number of non-Jews killed by Jews is by far
greater than the number of the Jews killed by non-Jews. The extent of the
persecution and discrimination against non-Jews inflicted by the 'Jewish state'
with the support of organized diaspora Jews is also enormously greater than the
suffering inflicted on Jews by regimes hostile to the~ Although the struggle
against antisemitism (and of all other forms of racism) should never cease, the
struggle against Jewish chauvinism and exclusivism, which must include a
critique of classical Judaism, is now of equal or greater importance.
END, Chapter 6
Notes and
References for:
Jewish
History, Jewish Religion:
The Weight of
Three Thousand Years
by Professor
Israel Shahak
--------------------------------------------------------------------------------
Notes and References: Chapt.
1, 2, 3, 4, 5, 6
Chapter 1: A Closed Utopia?
1 Walter Laquer, History of
Zionism Schocken Publishers, Tel Aviv, 1974, in Hebrew. 2 See Yedioth Ahronot,
27 April 1992.
3 In Hugh Trevor-Roper,
Renaissance Essays, Fontana Press, London, 1985.
4 See Moses Hadas,
Hellenistic Culture, Fusion and Diffusion, Columbia University Press, New York,
1959, especially chapters VII and XX.
Chapter 2: Prejudice and
Prevarication
1 The Jews themselves
universally described themselves as a religious community or, to be precise, a
religious nation. 'Our people is a people only because of the Torah (Religious
Law)'-this saying by one of the highest authorities, Rabbi Sa'adia Hagga'on who
lived in the 10th century, has become proverbial.
2 By Emperor Joseph II in
1782.
3 All this is usually
omitted in vulgar Jewish historiography, in order to propagate the myth that the
Jews kept their religion by miracle or by some peculiar mystic force.
4 For example, in her
Origins of Totalitarianism, a considerable part of which is devoted to Jews.
5 Before the end of the 18th
century, German Jews were allowed by their rabbis to write German in Hebrew
letters only, on pain of being excommunicated, flogged, etc.
6 When by a deal between the
Roman Empire and the Jewish leaders (the dynasty of the Nesi 'im) all the Jews
in the Empire were subjected to the fiscal and disciplinary authority of these
leaders and their rabbinical courts, who for their part undertook to keep order
among the Jews.
7 I write this, being a
non-socialist myself. But I will honor and respect people with whose principles
I disagree, if they make an honest effort to be true to their principles. In
contrast, there is nothing so despicable as the dishonest use of universal
principles, whether true or false, for the selfish ends of an individual or,
even worse, of a group.
8 In fact, many aspects of
orthodox Judaism were apparently derived from Sparta, through the baneful
political influence of Plato. On this subject, see the excellent comments of
Moses Hadas, Hellenistic Culture, Fusion and Diffusion, Columbia University
Press, New York, 1959.
9 Including the geography of
Palestine and indeed its very location. This is shown by the orientation of all
synagogues in countries such as Poland and Russia: Jews are supposed to pray
facing Jerusalem, and the European Jews, who had only a vague idea where
Jerusalem was, always assumed it was due east, whereas for them it was in fact
more nearly due south.
10 Throughout this chapter I
use the term 'classical Judaism' to refer to rabbinical Judaism as it emerged
after about AD 800 and lasted up to the end of the 18th century. I avoid the
term 'normative Judaism', which many authors use with roughly the same meaning,
because in my view it has unjustified connotations.
11 The works of Hellenistic
Jews, such as Philo of Alexandria, constitute an exception. They were written
before classical Judaism achieved a position of exclusive hegemony. They were
indeed subsequently suppressed among the Jews and survived only because
Christian monks found them congenial.
12 During the whole period
from AD 100 to 1500 there were written two travel books and one history of
talmudic studies - a short, inaccurate and dreary book, written moreover by a
despised philosopher (Abraham ben-David, Spain, c. 1170).
13 Me'or 'Eynayi'n by 'Azarya
de Rossi of Ferrara, Italy, 1574,
14 The best known cases were
in Spain; for example (to use their adopted Christian names) Master Alfonso of
Valladolid, converted in 1320, and Paul of Santa Marja, converted in 1390 and
appointed bishop of Burgos in 1415. But many other cases can be cited from all
over west Europe.
15 Certainly the tone, and
also the consequences, were very much better than in disputations in which
Christians were accused of heresy - for example those in which Peter Abelard or
the strict Franciscans were condemned.
16 The stalinist and Chinese
examples are sufficiently well known. However, it is worth mentioning that the
persecution of honest historians in Germany began very early. In 1874, H. Ewald,
a professor at Goettingen, was imprisoned for expressing 'incorrect' views on
the conquests of Frederick II, a hundred years earlier. The situation in Israel
is analogous: the worst attacks against me were provoked not by the violent
terms I employ in my condemnations of Zionism and the oppression of
Palestinians, but by an early article of mine about the role of Jews in the
slave trade, in which the latest case quoted dated from 1870. That article was
published before the 1967 war; nowadays its publication would be impossible.
17 In the end a few other
passages also had to be removed, such as those which seemed theologically absurd
(for example, where God is said to pray to Himself or physically to carry out
some of the practices enjoined on the individual Jew) or those which celebrated
too freely the sexual escapades of ancient rabbis.
18 Tractate Berakhot, p.
58b.
19 'Your mother shall be
sore confounded; she that bare you shall be ashamed...', Jeremiah, 50:12.
20 Published by Boys Town,
Jerusalem, and edited by Moses Hyamson, one of the most reputable scholars of
Judaism in Britain.
21 The supposed founders of
the Sadducean sect.
22 I am happy to say that in
a recent new translation (Chicago University Press) the word 'Blacks' does
appear, but the heavy and very expensive volume is unlikely, as yet, to get into
the 'wrong' hands. Similarly, in early 19th century England, radical books (such
as Godwin's) were allowed to appear, provided they were issued in a very
expensive edition.
23 An additional fact can be
mentioned in this connection. It was perfectly possible, and apparently
respectable, for a Jewish scholar of Islam, Bernard Lewis (who formerly taught
in London and is now teaching in the USA) to publish an article in Encounter, in
which he points out many passages in Islamic literature which in his view are
anti-Black, but none of which even approaches the passage quoted above. It would
be quite impossible for anyone now, or in the last thirty years, to discuss in
any reputable American publication the above passage or the many other offensive
anti-Black talmudic passages. But without a criticism of all sides the attack on
Islam alone reduces to mere slander.
Chapter 3: Orthodoxy and
Interpretation
1 As in Chapter 2, I use the
term 'classical Judaism' to refer to rabbinical Judaism in the period from about
AD 800 up to the end of the 18th century. This period broadly coincides with the
Jewish Middle Ages, since for most Jewish communities medieval conditions
persisted much longer than for the west European nations, namely up to the
period of the French Revolution. Thus what I call 'classical Judaism' can be
regarded as medieval Judaism.
2 Exodus, 15:11.
3 Ibid., 20:3-6.
4 Jeremiah, 10; the same
theme is echoed still later by the Second Isaiah, see Isaiah, 44.
5 The cabbala is of course
an esoteric doctrine, and its detailed study was confined to scholars. In
Europe, especially after about 1750, extreme measures were taken to keep it
secret and forbid its study except by mature scholars and under strict
supervision. The uneducated Jewish masses of eastern Europe had no real
knowledge of cabbalistic doctrine; but the cabbala percolated to them in the
form of superstition and magic practices.
6 Many contemporary Jewish
mystics believe that the same end may be accomplished more quickly by war
against the Arabs, by the expulsion of the Palestinians, or even by establishing
many Jewish settlements on the West Bank. The growing movement for building the
Third Temple is also based on such ideas.
7 The Hebrew word used here
- yihud, meaning literally union-in-seclusion - is the same one employed in
legal texts (dealing with marriage etc.) to refer to sexual intercourse.
8 The so-called Qedusbab
Sblisbit (Third Holiness), inserted in the prayer Uva Letzion towards the end of
the morning service.Numbers, 29. 9-10 The power of Satan, and his connection
with non-Jews, is illustrated by a widespread custom, established under
cabbalistic influence in many Jewish communities from the 17th century. A Jewish
woman returning from her monthly ritual bath of purification (after which sexual
intercourse with her husband is mandatory) must beware of meeting one of the
four satanic creatures: Gentile, pig, dog or donkey. If she does meet any one of
them she must take another bath. The custom was advocated (among others) by
Shn'et Musar, a book on Jewish moral conduct first published in 1712, which was
one of the most popular books among Jews in both eastern Europe and Islamic
countries until early this century, and is still widely read in some Orthodox
circles.
11 This is prescribed in
minute detail. For example, the ritual hand washing must not be done under a
tap; each hand must be washed singly, in water from a mug (of prescribed minimal
size) held in the other hand. If one's hands are really dirty, it is quite
impossible to clean them in this way, but such pragmatic considerations are
obviously irrelevant. Classical Judaism prescribes a great number of such
detailed rituals, to which the cabbala attaches deep significance. There are,
for example, many precise rules concerning behavior in a lavatory. A Jew
relieving nature in an open space must not do so in a North-South direction,
because North is associated with Satan.
12 'Interpretation' is my
own expression. The classical (and present-day Orthodox) view is that the
talmudic meaning, even where it is contrary to the literal sense, was always the
operational one.
13 According to an
apocryphal story, a famous 19th century Jewish heretic observed in this
connection that the verse Thou shalt not commit adultery' is repeated only
twice. 'Presumably one is therefore forbidden to eat adultery or to cook it, but
enjoying it is all right.'
14 The Hebrew re'akha is
rendered by the King James Version (and most other English translations)
somewhat imprecisely as 'thy neighbor'. See however II Samuel, 16:17, where
exactly the same word is rendered by the King James Version more correctly as
'thy friend'.
15 The Mishnah is remarkably
free of all this, and in particular the belief in demons and witchcraft is
relatively rare in it. The Babylonian Talmud, on the other hand, is full of
gross superstitions.
16 Or, to be precise, in
many parts of Palestine. Apparently the areas to which the law applies are those
where there was Jewish demographic predominance around AD 150-200.
17 Therefore non-zionist
Orthodox Jews in Israel organize special shops during sabbatical years, which
sell fruits and vegetables grown by Arabs on Arab land.
18 In the winter of 1945-6,1
myself, then a boy under 13, participated in such proceedings. The man in charge
of agricultural work in the religious agricultural school I was men attending
was a particularly pious Jew and thought it would be safe if the crucial act,
that of removing the board, should be performed by an orphan under 13 years old,
incapable of being, or making anyone else, guilty of a sin. (A boy under that
age cannot be guilty of a sin; his father, if he has one, is considered
responsible.) Everything was carefully explained to me beforehand, including the
duty to say, 'I need this board,' when in fact it was not needed.
19 For example, the Talmud
forbids a Jew to enjoy the light of a candle lit by a Gentile on the sabbath,
unless the latter had lit it for his own use before the Jew entered the room.
20 One of my uncles in
pre-1939 Warsaw used a subtler method. He employed a non-Jewish maid called
Marysia and it was his custom upon waking from his Saturday siesta to say, first
quietly, 'How nice it would be if' - and then, raising his voice to a shout,
'... Marysia would bring us a cup of tea!' He was held to be a very pious and
God fearing man and would never dream of drinking a drop of milk for a full six
hours after eating meat. In his kitchen he had two sinks, one for washing up
dishes used for eating meat, the other for milk dishes.
21 Occasionally regrettable
mistakes occur, because some of these jobs are quite cushy, allowing the
employee six days off each week. The town of Bney Braq (near Tel-Aviv),
inhabited almost exclusively by Orthodox Jews, was shaken in the 1960s by a
horrible scandal. Upon the death of the 'sabbath Goy' they had employed for over
twenty years to watch over their water supplies on Saturdays, it was discovered
that he was not really a Christian but a Jew! So when his successor, a Druse,
was hired, the town demanded and obtained from the government a document
certifying that the new employee is a Gentile of pure Gentile descent. It is
reliably rumored that the secret police was asked to research this matter.
22 In contrast, elementary
Scripture teaching can be done for payment. This was always considered a
low-status job and was badly paid.
23 Another 'extremely
important' ritual is the blowing of a ram's horn on Rosh Hashanah, whose purpose
is to confuse Satan.
Chapter 4: The Weight of
History
1 See, for example,
Jeremiah, 44, especially verses 15-19. For an excellent treatment of certain
aspects of this subject see Raphael Patai, The Hebrew Goddess, Ktav, USA, 1967.
2 Ezra, 7:25-26. The last
two chapters of this book are mainly concerned with Ezra's efforts to segregate
the 'pure' Jews ('the holy seed') away from 'the people of the land' (who were
themselves at least partly of Jewish descent) and break up mixed marriages.
3 W.F. Albright, Recent
Discoveries in Bible lands, Funk & Wagnall, New York, 1955, p.103.
4 It is significant that,
together with this literary corpus, all the historical books written by Jews
after about 400 BC were also rejected. Until the 19th century, Jews were quite
ignorant of the story of Massadah and of figures such as Judas Maccabaeus, now
regarded by many (particularly by Christians) as belonging to the 'very essence'
of Judaism.
5 Acts, 18:15.
6 Ibid., 25.
7 See note 6 to Chapter 2.
8 Concerning the term
'classical Judaism' see note 10 to Chapter 2 and note 1 to Chapter 3.
9 Nobel Prize winners Agnon
and Bashevis Singer are examples of this, but many others can be given,
particularly Bialik, the national Hebrew poet. In his famous poem My Father he
describes his saintly father selling vodka to the drunkard peasants who are
depicted as animals. This very popular poem, taught in all Israeli schools, is
one of the vehicles through which the anti-peasant attitude is reproduced.
10 So far as the central
power of the Jewish Patriarchate was concerned, the deal was terminated by
Theodosius II in a series of laws, culminating in AD 429; but many of the local
arrangements remained in force.
11 Perhaps another
characteristic example is the Parthian empire (until AD 225) but not enough is
known about it. We know, however, that the establishment of the national Iranian
Sasanid empire brought about an immediate decline of the Jews' position.
12 This ban extends also to
marrying a woman converted to Judaism, because all Gentile women are presumed by
the Halakhah to be prostitutes.
13 A prohibited marriage is
not generally void, and requires a divorce. Divorce is nominally a voluntary act
on the part of the husband, but under certain circumstances a rabbinical court
can coerce him to 'will' it (kofin oto 'ad she yyomar rotzeh ani).
14 Although Jewish
achievements during the Golden Age in Muslim Spain (1002-1147) were more
brilliant, they were not lasting. For example, most of the magnificent Hebrew
poetry of that age was subsequently forgotten by Jews, and only recovered by
them in the 19th or 20th century.
15 During that war, Henry of
Trastamara used anti-Jewish propaganda. although his own mother, Leonor de
Guzman, a high Castilian noblewoman, was partly of Jewish descent. (Only in
Spain did the highest nobility intermarry with Jews.) After his victory he too
employed Jews in the highest financial positions.
16 Until the 18th century
the position of serfs in Poland was generally supposed to be even worse than in
Russia. In that century, certain features of Russian serfdom, such as public
sales of serfs, got worse than in Poland but the central Tsarist government
always retained certain powers over the enslaved peasants, for example the right
to recruit them to the national army.
17 During the preceding
period persecutions of Jews were rare. This is true of the Roman Empire even
after serious Jewish rebellions. Gibbon is correct in praising the liberality of
Antonius Pius (and Marcus Aurelius) to Jews, so soon after the major Bar-Kokhba
rebellion of AD 132-5.
18 This fact, easily
ascertainable by examination of the details of each persecution, is not
rein~remarked upon by most general historians in recent times. An honorable
exception is Hugh Trevor-Roper, The Rise of Christian Europe, Thames and Hudson,
London, 1965, pp.173-4. Trevor-Roper is also one of the very few modern
historians who mention the predominant Jewish role in the early medieval slave
trade between Christian (and pagan) Europe and the Muslim world (ibid.,
pp.92-3). In order to promote this abomination, which I have no space to discuss
here, Maimonides allowed Jews, in the name of the Jewish religion, to abduct
Gentile children into slavery; and his opinion was no doubt acted upon or
reflected contemporary practice.
19 Examples can be found in
any history of the crusades. See especially S. Runciman, A History of the
Crusades, vol I, book 3, chap 1, 'The German Crusade'. The subsequent defeat of
this host by the Hungarian army, 'to most Christians appeared as a just
punishment meted out of high to the murderers of the Jews.'
20 John Stoyc, Europe
Unfolding 1 648~8, Fontana, London, p.46.
21 This latter feature is of
course not mentioned by received Jewish historiography. The usual punishment for
a rebellious, or even 'impudent' peasant was impalement.
22 The same can be observed
in different regions of a given country. For example, in Germany, agrarian
Bavaria was much more antisemitic than the industrialized areas.
23 'The refusal of the
Church to admit that once a Jew always a Jew, was another cause of pain for an
ostentatious Catholic like Drumont. One of his chief lieutenants, Jules Guérin,
has recounted the disgust he felt when the famous Jesuit, Père du Lac,
remonstrated with him for attacking some converted Jews named Dreyfus.' D.W.
Brogan, The Development of Modern France, vol 1, Harper Torchbooks, New York,
1966, p.227.
24 Ibid..
25 Let me illustrate the
irrational, demonic character which racism can sometimes acquire with three
examples chosen at random. A major part of the extermination of Europe's Jews
was carried out in 1942 and early 1943 during the Nazi offensive in Russia,
which culminated in their defeat at Stalingrad. During the eight months between
June 1942 and February 1943 the Nazis probably used more railway wagons to haul
Jews to the gas chambers than to carry much needed supplies to the army. Before
being taken to their death, most of these Jews, at least in Poland, had been
very effectively employed in production of equipment for the German army. The
second, rather remote, example comes from a description of the Sicilian Vespers
in 1282: 'Every Frenchman they met was struck down. They poured into the inns
frequented by the French and the houses where they dwelt, sparing neither man
nor woman nor child ... The riots?s broke into the Dominican and Franciscan
convents, and all the foreign friars were dragged out and told to pronounce the
word ciciri, whose sound the French tongue could never accurately reproduce.
Anyone who failed in the test was slain.' (S. Runciman, The Sicilian Vespers,
Cambridge University Press,1958, p. 215.) The third example is recent: in the
summer of 1980 - following an assassination attempt by Jewish terrorists in
which Mayor Bassam Shak'a of Nablus lost both his legs and Mayor Karim Khalaf of
Ramallah lost a foot - a group of Jewish Nazis gathered in the campus of TeI-Aviv
University, roasted a few cats and offered their meat to passers-by as
'shish-kebab from the legs of the Arab mayors'. Anyone who witnessed this
macabre orgy - as I did - would have to admit that some horrors defy explanation
in the present state of knowledge.
26 One of the early quirks
of Jabotinsky (founder of the party then led by Begin) was to propose, in about
1912, the creation of two Jewish states, one in Palestine and the other in
Angola: the former, being poor in natural resources, would be subsidized by the
riches of the latter.
27 Herzl went to Russia to
meet von Plehve in August 1903, less than four months after the hideous Kishinev
pogrom, for which the latter was known to be responsible. Herzl pro- posed an
alliance, based on their common wish to get most of the Jews out of Russia and,
in the shorter term, to divert Jewish support away from the socialist movement.
The Tsarist minister started the first interview (8 August) by observing that he
regarded himself as 'an ardent supporter of zionism'. When Herzl went on to
describe the aims of zionism, von Plehve interrupted: 'You are preaching to the
converted'. Amos Elon, Herzel, 'Am 'Oved, 1976 pp.415-9, in Hebrew.
28 Dr Joachim Prinz,
Wirjuden, Berlin, 1934, pp. 150-1.
29 Ibid., pp. 154-5.
30 For example see ibid., p.
136. Even worse expressions of sympathy with Nazism were voices by the extremist
Lohamey Herut Yisra'el (Stern Gang) as late as 1941. Dr Prinz was, in zionist
terms, a 'dove'. In the 1970s he even patronized the US Jewish movement Breira,
until he was dissuaded by Golda Meir.
Chapter 5: The Laws Against
Non-Jews
1 Maimonides, Mishneh Torah,
'Laws on Murderers' 2, 11; Talmudic Encyclopedia, 'Goy'.
2 R. Yo'el Sirkis, Bayit
Hadash, commentary on Beyt Josef, yoreh De'ah' 158. The two rules just mentioned
apply even if the Gentile victim is ger toshav, that is a 'resident alien' who
has undertaken in front of three Jewish witnesses to keep the 'seven Noahide
precepts' (seven biblical laws considered by the Talmud to be addressed to
Gentiles).
3 R. David Halevi (Poland,
17th century), Turey Zahav" on Shulhan 'Arukh, 'Yoreh De'ah' 158.
5 Talmudic Encyclopedia,
'Ger' (= convert to Judaism).
6 For example, R. Shabbtay
Kohen (mid 17th century), Siftey Kohen on Shulhan 'Arukh, 'Yoreh De'ah, 158:
'But in times of war it was the custom to kill them with one's own hands, for it
is said, "The best of Gentiles - kill him!"' Siftey Kohen and Turey
Zahay (see note 3) are the two major classical commentaries on the Shulhan 'Arukh.
7 Colonel Rabbi A. Avidan (Zemel),
'Tohar hannesheq le'or hahalakhah' (= 'Purity of weapons in the light of the
Halakhah') in Be'iqvot milhemet yom hakkippurim - pirqey hagut, halakhah umehqar
(In the Wake of the Yom Kippur War - Chapters of Meditation, Halakhah and
Research), Central Region Command, 1973: quoted in Ha'olam Hazzeh, 5 January
1974; also quoted by David Shaham, 'A chapter of meditation', Hotam, 28 March
1974; and by Amnon Rubinstein, 'Who falsifies the Halakhah?' Ma'ariv", 13
October 1975. Rubinstein reports that the booklet was subsequently withdrawn
from circulation by order of the Chief of General Staff, presumably because it
encouraged soldiers to disobey his own orders; but he complains that Rabbi
Avidan has not been court-martialled, nor has any rabbi - military or civil -
taken exception to what he had written.
8 R. Shim'on Weiser, 'Purity
of weapons - an exchange of letters' in Niv" Hammidrashiyyah Yearbook of
Midrashiyyat No'am, 1974, pp.29-31. The yearbook is in Hebrew, English and
French, but the material quoted here is printed in Hebrew only.
9 Psalms, 42:2.
10 'Thou shalt blot out the
remembrance of Amalek from under heaven', Deuteronomy, 25:19. Cf. also I Samuel,
15:3: 'Now go and smite Amalek, and utterly destroy all that they have, and
spare them not; but slay both man and woman, infant and suckling, ox and sheep,
camel and ass.'
11 We spare the reader most
of these rather convoluted references and quotes from talmudic and rabbinical
sources. Such omissions are marked [...]. The rabbi's own conclusions are
reproduced in full.
12 The Tosafot (literally,
Addenda) are a body of scholia to the Talmud, dating from the 1 lth-13th
centuries.
13 Persons guilty of such
crimes are even allowed to rise to high public positions. An illustration of
this is the case of Shmu'el Lahis, who was responsible for the massacre of
between 50 and 75 Arab peasants imprisoned in a mosque after their village had
been conquered by the Israeli army during the 1948-9 war. Following a pro forma
trial, he was granted complete amnesty, thanks to Ben-Gurion's intercession. The
man went on to become a respected lawyer and in the late 1970s was appointed
Director General of the Jewish Agency (which is, in effect, the executive of the
zionist movement). In early 1978 the facts concerning his past were widely
discussed in the Israeli press, but no rabbi or rabbinical scholar questioned
either the amnesty or his fitness for his new office. His appointment was not
revoked.
14 Shulhan 'Arukh, 'Hoshen
Mishpat' 426.
15 Tractate 'Avodah Zarah,
p. 26b.
16 Maimonides, op. cit.,
'Murderer' 4, 11.
17 Leviticus, 19:16.
Concerning the rendering 'thy fellow', see note 14 to Chapter 3.
18 Maimonides, op. cit.,
'Idolatry' 10, 1-2.
19 In both cases in section
'Yoreh De'ah' 158. The Shulhan 'Arukh repeats the same doctrine in 'Hoshen
Mishpat' 425.
20 Moses Rivkes, Be'er
Haggolah on Shulhan 'Arukh, 'Hoshen Mishpat' 425.
21 Thus Professor Jacob
Katz, in his Hebrew book Between Jews and Gentiles as well as in its more
apologetic English version Exclusiveness and Tolerance, quotes only this passage
verbatim and draws the amazing conclusion that 'regarding the obligation to save
life no discrimination should be made between Jew and Christian'. He does not
quote any of the authoritative views I have cited above or in the next section.
22 Maimonides, op. cit.,
'Sabbath' 2, 20-21; Shulhan 'Arukh, 'Orab Hayyim' 329.
23 R 'Aqiva Eiger,
commentary on Shulhan 'Arukh, ibid. He also adds that if a baby is found
abandoned in a town inhabited mainly by Gentiles, a rabbi should be consulted as
to whether the baby should be saved.
24 Tractate Avodah Zarah, p.
26.
25 Maimonides, op. cit.,
'Sabbath' 2, 12; Shulhan 'Arukh, 'Orah Hayyim' 330. The latter text says
'heathen' rather than 'Gentile' but some of the commentators, such as Turey
Zahav, stress that this ruling applies 'even to Ishmaelites', that is, to
Muslims, 'who are not idolators'. Christians are not mentioned explicitly in
this connection, but the ruling must a fortiori apply to them, since - as we
shall see below - Islam is regarded in a more favorable light than Christianity.
See also the responsa of Hatam Sofer quoted below.
26 These two examples, from
Poland and France, are reported by Rabbi I.Z. Cahana (afterwards professor of
Talmud in the religious Bar-Ilan University, Israel), 'Medicine in the Halachic
post-Talmudic Literature', Sinai, vol 27, 1950, p.221. He also reports the
following case from 19th century Italy. Until 1848, a special law in the Papal
States banned Jewish doctors from treating Gentiles. The Roman Republic
established in 1848 abolished this law along with all other discriminatory law
against Jews. But in 1849 an expeditionary force sent by France's President
Louis Napoleon (afterwards Emperor Napoleon III) defeated the Republic and
restored Pope Pius Ix, who in 1850 revived the anti-Jewish laws. The commanders
of the French garrison, disgusted with this extreme reaction, ignored the papal
law and hired some Jewish doctors to treat their soldiers. The Chief Rabbi of
Rome, Moshe Hazan, who was himself a doctor, was asked whether a pupil of his,
also a doctor, could take a job in a French military hospital despite the risk
of having to desecrate the sabbath. The rabbi replied that if the conditions of
employment expressly mention work on the sabbath, he should refuse. But if they
do not, he could take the job and employ 'the great cleverness of God-fearing
Jews.' For example, he could repeat on Saturday the prescription given on
Friday, by simply telling this to the dispenser. R. Cahana's rather frank
article, which contains many other examples, is mentioned in the bibliography of
a book by the former Chief Rabbi of Britain, R. Immanuel Jakobovits, Jewish
Medical Ethics, Bloch, New York, 1962; but in the book itself nothing is said on
this matter.
27 Hokhmat Shlomoh on
Shulhan 'Arukh, 'Orah Hayyim' 330, 2.
28 R. Unterman, Ha'aretz, 4
April 1966. The only qualification he makes - after having been subjected to
continual pressure - is that in our times any refusal to give medical assistance
to a Gentile could cause such hostility as might endanger Jewish lives.
29 Hatam Sofer, Responsa on
Shulhan 'Arukh, 'Yoreh De'ah' 131.
30 Op. cit., on Shulhan 'Arukh,
'Hoshen Mishpat' 194. 31 R. B. Knobelovitz in The Jewish Review (Journal of the
Mizrachi Party in Great Britain), 8 June 1966.
32 R. Yisra'el Me'ir Kagan -
better known as the 'Hafetz Hayyim - complains in his Mishnah Berurah, written
in Poland in 1907: 'And know ye that most doctors, even the most religious, do
not take any heed whatsoever of this law; for they work on the sabbath and do
travel several parasangs to treat a heathen, and they grind medicaments with
their own hands. And there is no authority for them to do so. For although we
may find it permissible, because of the fear of hostility, to violate bans
imposed by the sages - and even this is not clear; yet in bans imposed by the
Torah itself it must certainly be forbidden for any Jew to do so, and those who
transgress this prohibition violate the sabbath utterly and may God have mercy
on them for their sacrilege.' (Commentary on Shulhan 'Arukh, 'Orah Hayyim' 330.)
The author is generally regarded as the greatest rabbinical authority of his
time.
33 Avraham Steinberg MD
(ed.), Jewish Medical Law, compiled from Tzitz Eli 'ezer (Responsa of R.
Eli'ezer Yehuda Waldenberg), translated by David B. Simons MD, Gefen &
Mossad Harav Kook, Jerusalem and California, 1980.
34 Op. cit., p. 39. Ibid.,
p.41.
35 Ibid., p. 41.
36 The phrase 'between Jew
and gentile' is a euphemism. The dispensation is designed to prevent hostility
of Gentiles towards Jews, not the other way around.
37 Ibid.,p.412;my emphasis.
38 Dr Falk Schlesinger
Institute for Medical Halakhic Research at Sha'arey Tzedeq Hospital, Sefer Asya
(The Physician's Book), Reuben Mass, Jerusalem, 1979.
39 By myself in Ha'olam
Hazzeh, 30 May 1979 and by Shullamit Aloni, Member of Knesset, in Ha'aretz, 17
June 1980.
40 Ezekiel, 23:20.
41 Tractate Berakhot, p.
78a.
42 Talmudic Encyclopedia, 'Eshet
Ish' ('Married Woman').
43 Exodus, 20:17.
44 Genesis, 2:24.
45 Maimonides, op. cit.,
'Prohibitions on Sexual Intercourse' 12; 10; Talmudic Encyclopedia, 'Goy'.
46 Maimonides, op. cit.,
ibid., 12, 1-3. As a matter of fact, every Gentile woman is regarded as N.Sh.G.Z.
- acronym for the Hebrew words niddah, shifhah, goyah, zonah (unpurified from
menses, slave, Gentile, prostitute). Upon conversion to Judaism, she ceases
indeed to be niddah, shifhah, goyah but is still considered zonah (prostitute)
for the rest of her life, simply by virtue of having been born of a Gentile
mother. In a special category is a woman 'conceived not in holiness but born in
holiness', that is born to a mother who had converted to Judaism while pregnant.
In order to make quite sure that there are no mix-ups, the rabbis insist that a
married couple who convert to Judaism together must abstain from marital
relations for three months.
47 Characteristically, an
exception to this generalization is made with respect to Gentiles holding legal
office relating to financial transactions: notaries, debt collectors, bailiff~
and the like. No similar exception is made regarding ordinary decent Gentiles,
not even if they are friendly towards Jews.
48 Some very early (1st
century BC) rabbis called this law 'barbaric' and actually returned lost
property belonging to Gentiles. But the law nevertheless remained.
49 Leviticus, 25:14. This is
a literal translation of the Hebrew phrase. The King James Version renders this
as 'ye shall not oppress one another'; 'oppress' is imprecise but 'one another'
is a correct rendering of the biblical idiom 'each man his brother'. As pointed
out in Chapter 3, the Halakhah interprets all such idioms as referring
exclusively to one's fellow Jew.
50 Shulhan 'Arukh, 'Hoshen
Mishpat' 227.
51 This view is advocated by
H. Bar-Droma, Wezeh Gvul Ha'aretz (And This Is the Border of the Land),
Jerusalem, 1958. In recent years this book is much used by the Israeli army in
indoctrinating its officers.
52 Maimonides, op. cit.,
'Idolatry' 10, 3-4.
53 See note 2.
54 Exodus, 23:33.
55 Maimonides, op. cit.,
'Idolatry' 10, 6.
56 Deuteronomy, 20:16. See
also the verses quoted in note 10.
57 Numbers 31:13-20; note in
particular verse 17: 'Now there- fore kill every male among the little ones, and
kill every woman that hath known man by lying with him.'
58 R. Sha'ul Yisra'eli, 'Taqrit
Qibbiya Le'or Hahalakhah' (The Qibbiya incident in the light of the Halakhah'),
in Hattorab Wehammedinah, vol 5, 1953/4.
59 This is followed by a
blessing 'for not making me a slave'. Next, a male must add a blessing 'for not
making me a woman', and a female 'for making me as He pleased'.
60 In eastern Europe it was
until recent times a universal custom among Jews to spit on the floor at this
point, as an expression of scorn. This was not however a strict obligation, and
today the custom is kept only by the most pious.
61 The Hebrew word is
meshummadim, which in rabbinical usage refers to Jews who become 'idolators',
that is either pagan or Christians, but not to Jewish converts to Islam.
62 The Hebrew word is minim,
whose precise meaning is 'disbelievers in the uniqueness of God'.
63 Tractate Berakhot, p.
58b.
64 According to many
rabbinical authorities the original rule still applies in full in the Land of
Israel.
65 This custom gave rise to
many incidents in the history of European Jewry. One of the most famous, whose
consequence is still visible today, occurred in 14th century Prague. King
Charles IV of Bohemia (who was also Holy Roman Emperor) had a magnificent
crucifix erected in the middle of a stone bridge which he had built and which
still exists today. It was then reported to him that the Jews of Prague are in
the habit of spitting whenever they pass next to the crucifix. Being a famous
protector of the Jews, he did not institute persecution against them, but simply
sentenced the Jewish community to pay for the Hebrew word Adonay (Lord) to be
inscribed on the crucifix in golden letters. This word is one of the seven
holiest names of God, and no mark of disrespect is allowed in front of it. The
spitting ceased. Other incidents connected with the same custom were much less
amusing.
66 The verses most commonly
used for this purpose contain words derived from the Hebrew root shaqetz which
means 'abominate, detest', as in Deuteronomy, 7:26: 'thou shalt utterly detest
it, and thou shalt utterly abhor it; for it is a cursed thing.' It seems that
the insulting term sheqetz, used to refer to all Gentiles (Chapter 2),
originated from this custom.
67 Talmud, Tractate Beytzah,
p. 21a, b; Mishnah Berurah on Shulhan 'Arukh, 'Orah Hayyim' 512. Another
commentary (Magen Avraham) also excludes Karaites.
68 According to the Halakha,
a Gentile slave bought by a Jew should be converted to Judaism, but does not
thereby become a proper Jew.
69 Leviticus, 25:46.
70 The Hebrew form of the
name Jesus - Yeshu - was interpreted as an acronym for the curse may his name
and memory be wiped out', which is used as an extreme form of abuse. In fact,
anti-zionist Orthodox Jews (such as Neturey Qarta) sometimes refer to Herzl as 'Herzl
Jesus' and I have found in religious zionist writings expressions such as
'Nasser Jesus' and more recently 'Arafat Jesus.'
Chapter 6: Political
Consequences
(No notes)
COPYRIGHT NOTICE:
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First published 1994 by
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7 6 5 4 3
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
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Jewish history, Jewish religion: the weight of three thousand
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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.
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RADIO ISLAM
Also Read:
From
the Hebrew Press/Current Translations and Commentary From Hebrew-Language
Newspapers/by Prof. Israel Shahak
Statement
by professor Israel Shahak on the Jewish hatred towards Christianity
Falsification
of the Holocaust by Prof. Israel Shahak
From
the Hebrew Press
Current
Translations and Commentary From Hebrew-Language Newspapers
by Prof.
Israel Shahak
Contents:
Israel is a
Paradise for Money Launderers
Burning the
New Testament by Orthodox Jews in Israel
A Farm for
Raising Pure Priests to be Established Soon
Israel is a
Paradise for Money Launderers
Yediot
Ahronot, April 27, 1997
By Sever
Plotzker
Only in Israel can a person
enter a bank with a suitcase that contains a million dollars and deposit the
money without disclosing its source. The result: the estimate of the illicit
capital coming from abroad into Israeli banks is some $45 billion.1
There is also the problem of
laundered money from illicit deals within Israel. No competent estimates
regarding dimensions of the illegal economy within Israel have been made for 10
years.
According to the estimate
made in 1983, about 15 percent of the Israeli GNP is not reported to the tax
authorities. Experts who have retired in the last years from the State Revenues
Administration are convinced that the share of black-market economic activity
has grown considerably since that time.
Suppose it is still 15
percent. Last year the Israeli budget was about 100 billion shekels [around $30
billion]. One may reasonably assume that the total output of the "black
economy" reached 45 billion shekels last year. Tax loss for the Treasury:
15 billion shekels - more than the budgetary deficit last year.
Who are the principal tax
evaders? Contrary to the prevailing view, these are not the richest citizens.
They usually report all their income and then hire the services of the best
auditors and tax consultants to legally avoid paying any taxes.
Many tax evasions are
concentrated among the middle-level self-employed, or wage earners who work in
their spare time as self-employed. But most of the taxes evaded come from all
kinds of criminal activity.2 It is hard to chase medium and small tax evaders,
especially when, as in Israel, the duty to report all sources of income
apparently does not apply to all citizens.
An additional serious legal
failure, characteristic of Israel, is the absence of any specific law that
forbids the laundering of black capital. In Israel, an offender can always claim
that he got his suitcase with money from a new Jewish immigrant. A more
sophisticated tax evader can even point to a money transfer made from a foreign
currency account of a new immigrant, exempted from tax so long as he is Jewish,
to his own account.
In Israel a citizen who
holds an immigrant certificate, issued on the basis of the "Law of
Return," can enter a bank with a suitcase containing a million dollars and
deposit the banknotes in a special account from which he is entitled to draw
money for many years. A bank employee who might ask where the money comes from
will be satisfied with the answer, "from where I immigrated." There is
no need to prove that this is not laundered Israeli money originating from black
business activity, or worse, from criminal activities.
In short, Israel is a
paradise for black money laundering, local and international. To close this
loophole a bill was prepared three years ago forbidding the laundering of
capital. There were violent objections and the bill did not even reach the
Knesset. Recently, under pressure from the U.S., which suspects that much of the
money laundered in Israel originates in America, and on the initiative of the
Ministry of Justice, the bill has returned to the headlines, but has not yet
been submitted to the Knesset.
Jonathan Welner, U.S.
assistant secretary of state for law enforcement, published an article on the
issue a week ago. He claims that:
Lax bank laws and the
exemption of deposits of foreigners from taxes have turned Israel into a
paradise for illegal money.
Israel is lagging behind in
legislation against financial crimes - not only behind Austria and Cyprus, but
even behind Lebanon.3
A loophole calls for a
thief, and in Israel the thief is attracted by several loopholes: The absence of
a law against laundering black or criminal capital; the banks not being obliged
to keep records on big money transfers; the total absence of agreements with
other states for the exchange of information on laundered money; the absence of
a control system on the flow of money crossing lsraeli borders or regulations on
laundering of capital through other than banks. In short, the Israeli legal
authorities have no tools to fight the laundering of black money. The bill
prohibiting capital laundering drafted in the state attorney's office would fill
a large share of the loopholes. The Knesset must approve this bill which is
backed by the U.S., which will assist Israel in its application. It should be
observed that a state without laws that forbid laundering of black money is
exposed to serious economic risks.
If the bill against
laundering black money becomes a law, Israel must establish a center for tax
investigations and financial offenses, common to all law enforcement
authorities. The establishment of such a center was recommended by the "Shimron
Commission" for the liqudation of serious criminality. The report of the
commission was published at the beginning of 1978. In the summer of 1997, the
time has come to implement it.4
NOTES
(by Prof.
Israel Shahak):
1. Laundered money reaching
Israel is one of the important sources of investments in the Israeli economy.
2. The number of Israeli
gangsters and their activity has been increasing at a rapid pace during the last
8 to 10 years.
3. Three countries notorious
for laundering criminal funds.
4. There is no hope that any
law against laundering black money will be passed because the religious parties
will oppose it violently.
Burning the
New Testament by Orthodox Jews in Israel
Yediot
Ahronot, March 30, 1997
By Yehuda
Koren
Every time Paul Smilansky
gets into his car he checks whether he is being followed. He also is careful to
check who is standing at the door before he opens it. Smilansky, 37, a building
site manager, is a member of the Jehovah's Witnesses community in Lydda.
Orthodox Jews consider them to be an idolatrous cult, but the members themselves
reject this definition.
Two weeks ago on Saturday
night hundreds of Orthodox Jews broke into the community's place of worship,
totally demolished it and stole the public address equipment. The books and
pamphlets they found there were piled in the yard and a large bonfire was lit.
While the books were burning, Orthodox Jews danced around the bonfire. Alvin
Neuport, a veteran member of the Jehovah's Witnesses community, said
"Masses of Orthodox Jews attacked our building and broke into it using
axes. They danced and sang around the bonfire, into which they threw even our
Bibles.1 Although the destruction and arson took place on the main street, a
short distance from the home of Member of the Knesset Maxim Levy, who is also
Lydda's mayor,2 and hundreds of people danced around the bonfire, no one stopped
them. Only when the owner of an adjacent shop feared that the fire would spread,
were the police called in."
The violent attack on the
house of worship was not the first time that Jehovah's Witnesses have been
attacked by Orthodox Jews. Paul Smilansky told about the daily public curses,
spitting and fist fights. "They throw stones all the time. Once they hit my
father-in-law on the head, causing a concussion," Smilansky said.
Ten Jehovah's Witnesses
communities currently exist in Israel. They have 750 members, not including
children. Most of them are Jews, a minority Christians. About one-quarter of the
members are from the former Soviet Union. There are 50 members in the Lydda
community, which was established 30 years ago. Previously the meetings were held
in members' homes, but in 1989 the community purchased a shop in the town
commercial center.
"Because of the
constant attacks by the Orthodox, we built a high fence, installed a fortified
door and a closed-circuit TV that shows what is going on outside,"
Smilansky said. "Early this month, at the end of a gathering when we were
starting to go home, we were met by a rain of building blocks and large stones.
My wife and children managed to reach the car, but other members locked
themselves inside. The small children were screaming with fear. We summoned the
police and then went outside, but the hail of stones did not cease, even under
the eyes of the police."
Orthodox Jews "throw
stones all the time."
The present tension
seemingly erupted because four months ago many Jews of Lydda received material
by mail from Messianic Jews. "Although there is no connection between us
and the Messianic Jews," Alvin Neuport said, "we bore the brunt of the
Orthodox anger, apparently because we live here and the Messianics do not.
"They [Orthodox Jews]
poured glue into the locks so we could not get into the hall," Neuport
said. "They tried several times to set the place on fire and burned the air
conditioner motors."
Neuport especially blames
the Habad youth. "They work against us like a military organization with
intelligence units that go around and write down our license plate numbers and
contact us and threaten to set the cars on fire if we will not abandon our
faith."
Following the burning of the
books and the destruction of the prayer hall, three Habad rabbis were summoned
for questioning by the police. Among them was Rabbi Yakov Glauberman, the Habad
Youth leader, who denied any connection to the affair.
"We are Judaism with a
smile and pleasant ways," he said. "True, they are the enemies of the
Jews, exploiting the fact that during the day the men are at work. They knock on
doors and entice our women to join them. They tear families apart and do not
even have mercy on little children whose souls will perish in hell because of
them."
Concerning the arson, Rabbi
Glauberman said, "I happened to arrive at the place by chance. I do not
know who attacked or broke things but I admit that I did see the bonfire and
circle of dancers. We follow them constantly only to warn the Jews to beware of
them, but I denounce all violence."
The public relations attack
includes warnings and briefings. Children have been warned that "cult
members" will kidnap them, bleed them to death3 or, alternatively, turn
them into Christians. Women have been briefed on ways to withstand their many
enticements and especially their offers to examine the mezzuzahs in their homes.
"They take off the
mezzuzah," claims Habad, "remove the parchment, and when you aren't
looking, erase the holy Name of God and write a cross instead. Then, every time
you leave your home or return to it, you will commit the abomination of kissing
the cross and not the holy words in the mezzuzah," the women were told.
Elisha Rogers, a Jehovah's
Witnesses member, admits that he spends some hours of each week speaking with
people in their homes. "In the Middle Ages Jews were falsely accused of
drinking the blood of small children and now the Orthodox Jews are using the
same lie against us," he said. "The story about the mezzuzah is also
foolish: we are not Christians and to us the cross is a prohibited symbol of
idolatry. We are a separate religion that is recognized as such around the
world."
The Jehovah's Witnesses
community members felt especially insulted by the graffiti words "death
camp" sprayed on the walls of their prayer hall. "In World War II
Hitler also sent us to the death camps," Rogers said.
The Jehovah's Witnesses have
not suspended their activities, but they keep the location of their new meeting
place secret. "If they return to the old place, we will not leave them
alone," Rabbi Glauberman said. "We will continue fighting them until
they leave the city and Israel."
Yossi Boker, the deputy
commander of the Lydda police station, said, "The police have received many
complaints about assaults, insults and provocations. However, since complaints
against specific suspects could not be proved we were forced to close the cases.
I summoned three rabbis in the city for a talk and I made it clear to them that
we would react strongly if the harassments continued. We also asked the members
of the community to notify us when they finished fixing the meeting place, so
that we will be prepared and prevent the next attack."4
NOTES
(by Prof.
Israel Shahak):
1. This is strictly
according to the Jewish religious law and is often done, also in Jerusalem,
since the Bibles contain the New Testament which pious Jews should burn, if they
can. In Jerusalem, where Orthodox violence is more difficult than in a small
town like Lydda, Bibles which contain the New Testament are often collected and
ceremoniously burnt on a bonfire in an Orthodox neighborhood. No rabbi, and few
politicians, have said a word about this. Needless to say, Western media will
not report such events, although the Hebrew press does.
2. David Levy's brother.
3. This libel, like much
Habad Nazi-like persecution of small and weak sects, is an adaptation of a
prevalent anti-Semitic libel, which claimed that Jews kidnap Christian children
and bleed them to death. I am afraid than many Jews (and also non-Jews) who are
ready to condemn anti-Semitic libel will refuse to relate to the Habad one,
although they are exactly alike in their evil intent.
4. Jehovah's Witnesses are
especially attacked by the Orthodox Jews for three reasons: they are small and
weak, unprotected by the diplomats of any foreign state, and their beliefs
prevent them from hitting back.
A Farm for
Raising Pure Priests to be Established Soon Kol Ha'ir, April 11, 1997
By Erez
Fridman
The Movement for
Establishment of the Temple is preparing a plan for the raising of trained
Jewish priests to offer sacrifices in the Temple and is looking for two houses
in a settlement, for raising of pure priests.
The intended priests will be
raised in the farm from the time of their birth until the age of 13, while being
totally isolated from any human touch.1 The isolation will begin from the act of
birth itself. The mother will be taken to give birth in one of the houses and
the birth will be conducted by a midwife especially trained not to touch the
child during the birth. It was decided, however, that if an emergency arises the
mother would be taken to a hospital and the child, made impure by human touch,
would be regarded as incapable of becoming a pure priest. Only Jewish families
certified by the Movement as being of direct descent from Aaron the Priest would
be allowed to donate their children for this plan. Until the age of 13, the
children would study, without being touched, the art of priestly conduct. The
best student will be declared a High Priest. The food of the intended priest
will be taken exclusively from the one percent of the food manufactured in
Israel which now is destroyed by various manufacturers as a condition of
receiving a kashrut certificate.2
Jews-only Har Homa
settlement on former West Bank land annexed by the Israelis to Jerusalem.
Netanyahu sought to use the
Palestinian ban on land sales as an excuse to "break off" peace
negotiations once and for all with the PA. "We must consider carefully if
we should continue talks with people who represent such fascist theories,"
said his adviser, David Bar-Ilan. Other right-wing ministers called the ban
"anti-Semitic."
Bar-Ilan's claim that the
PA's land policy is"fascist" is the most hypocritical comment from the
Likud since Ariel Sharon called Arafat a "terrorist." In fact, since
1948 Israel has banned the sale of Jewish National Fund (JNF) land to Arabs,
even if they are citizens.
"The Palestinians are
mimicking us," says Israeli lawyer Danny Seideimann. "An Israeli
[Arab] citizen born and bred in Haifa who wants to buy an apartment on JNF land
is not entitled to, while a Jewish resident in the U.S. is."
Losing international support
over the Jabal Abu Ghneim debacle, Israeli officials have been waiting for an
opportunity to put pressure back on the PA. It is no coincidence that Abu
Medein's statements came after U.S. special envoy Dennis Ross spent two weeks
trying to force Arafat to accept the fait accompli of Jabal Abu Ghneim and
return to "negotiations."
"The U.S. condemns any
law or decree that would threaten death against any Palestinian for selling land
to Israelis or Jews," said State Department spokesman Nicholas Burns.
"That's wrong. It is contrary to what must prevail in the Middle East,
which is peace and the spirit of peace." As the main power and so-called
peace broker in the Middle East, one would expect that the U.S. would at least
try to present a balanced position on the issue of land rights in the West Bank.
Almost as hypocritical as
Bar-Ilan's statement was a State Department position articulated by Burns that
was so far from being balanced that it drew criticism from even the most docile
Arab leaders, who face increasing opposition at home for supporting the
so-called peace process.
"This is now the most
crucial stage of Oslo," explained Palestinian Ahmed Abu Hassan in Gaza.
"If the effort to attain our homeland through negotiation fails, then we
have no other option than to return to the armed struggle. We at least know the
rules of that game."
Any Palestinian teenager
could have told Ross and his spokesman, Burns, that the ban on selling
Palestinian land to Israelis, and the killing of land dealers who do, would not
have happened had the U.S. stood up to Netanyahu's blatant violation of the Oslo
accords and of international law at Jabal Abu Ghneim. Clinton's failure to put a
stop to the further expropriation of Palestine forced the PA to deal with this
matter in its own way.
At this writing, other
suspected land dealers are in PA jails. Israel's Ha'aretz newspaper reports that
a "hit list" of 16 fraudulent Arab land dealers is being circulated
through the PA security establishment. Far from backing down, Abu Medein has
since threatened Arab land dealers who hold Israeli citizenship.
"We advise those who
carry the Israeli identity card that if they believe they have become Israeli
citizens, and because of that they are protected, they are mistaken," he
said. "They will be brought to justice one way or another."
A few days later Israeli
forces were able to protect known land dealer Assad Rajabi from being taken from
Jerusalem to Ramallah by the PA. Netanyahu blamed Palestinian Col. Tawfiq Tirawi
as the PA official behind at least two of the killings and the effort to take
Rajabi into custody.
Despite the feeble efforts
of Dennis Ross, the crisis is deepening, and it seems that the only way to avoid
an even bloodier confrontation is a U.S.-imposed Middle East land conference to
determine who rightly owns what in the West Bank under the framework of the
Fourth Geneva Convention. If Israel is so sure of the legality of the steps it
is taking to retain 60 percent of the West Bank, let it open the Land
Registration Office records to international scrutiny. Unlike other offices of
the West Bank "Civil Administration," which are located at Beit El
near the Jalazone refugee camp, the Land Registration Office is at a secret
location inside Israel and its records are "top secret." The reason
for this is obvious the fraudulent nature of most of the land transactions that
have taken place in the West Bank.
Nearly four years ago,
optimists at the White House envisioned that in 1997 the final-status peace
talks would begin. Palestinians feel that under Netanyahu's stewardship 1997 is
instead the beginning of his "final solution" for their dream of
statehood in historic Palestine. Until it is clear what type of entity will
emerge in the West Bank and who will control how much land, those who sell
sacred and limited West Bank land to encroaching Israelis will be the first,
unlamented victims in what is sure to be a bloody confrontation that very likely
will spread far beyond the borders of Israel/ Palestine.
The house where priests will
be raised would consist of two floors. The first will be empty except for its
supporting pillars, and its purpose will be to isolate the priests from the
impure earth. The farm would be closed to all visitors and its workers would
enter it only after they had purified themselves by the ashes of the Red Heifer
3 and put on special mantles not touched previously by anything else. Rabbi
Yosef Albaum, one of the heads of the Movement for Establishment of the Temple,
said that he has a list of women who are willing to donate their sons to this
plan.
The Movement emphasizes the
importance of the Red Heifer which was recently born in Kfar Hassidim for the
success of this plan. Only if a Red Heifer is first sacrificed and its ashes
used for purification can the plan be successful. In order that the Red Heifer
not be blemished it was decided to keep it hidden.
NOTES
(by Prof.
Israel Shahak):
1. According to Judaism as
it existed until a few centuries after the destruction of the Second Temple in
70 AD, Jews and their priests were divided into two categories: the pure and
impure. The latter could be purified, however, by various ceremonies. The most
grievous and also common type of impurity was being touched, however indirectly,
either by a living non-Jew (non-Jews were regarded as impure without a
possibility of purification) or touching the corpse of a Jew. The impure Jews
could not enter the temple or participate in various ceremonies outside it.
There was only one way of purification from the graver states of impurity, by
being twice sprinkled (by a hyssop) with water to which a few ashes of the Red
Helfer were added. Since the ashes have been long lost, all Jews including their
priests are regarded as impure, except the newly born babies who have not yet
been touched by anybody.
2. According to the Bible
and Talmud the Jews should give to priests, on condition that the latter are
pure, 1 percent of any food they produce, and they are forbidden to eat the food
before this offering is separated. This obligation was discontinued when all
Jews became impure, but was revived in Israel in the 1960s in a symbolic manner
when the influence of religious parties grew. At present, 1 percent of most
kosher food produced in Israel is separated at some stage of its manufacture and
destroyed, either by burning or by being poured or thrown into the sea. This is
one of the important facts about Israel and Judaism which, although known to
everyone in Israel, is deemed not fit to print in The New York Times or to be
mentioned by rabbis in Western countries when they discuss Judaism. Let me add
that in this avoidance of discussion the Reform rabbis are, in my view, worse
than all the others, being even more hypocritical.
3. A purely red cow was
recently born in Israel and, after being proclaimed to be a Red Heifer, caused
more public interest than a White Elephant once caused in Thailand.
Statement
by professor Israel Shahak
on the
Jewish
hatred towards Christianity
Dishonouring Christian
religious symbols is an old religious duty in Judaism. Spitting on the cross, an
especially on the Crucifix, and spitting when a Jew passes a church, have been
obligatory from around AD 200 for pious Jews. In the past, when the danger of
anti-Semitic hostility was a real one, the pious Jews were commanded by their
rabbis either to spit so that the reason for doing so would be unknown, or to
spit onto their chests, not actually on the cross or openly before the church.
The increasing strength of the Jewish state has caused these customs to become
more open again but there should be no mistake: The spitting on the cross for
converts from Christianity to Judaism , organized in Kibbutz Sa'ad and financed
by the Israeli government is a an act of traditional Jewish piety. It does not
seize to be barbaric, horrifying and wicked because of this! On the contrary, it
is worse because it is so traditional, and much more dangerous as well, just as
the renewed anti-Semitism of the Nazis was dangerous, because in part, it played
on the traditional anti-Semitic past. This barbarous attitude of contempt and
hate for Christian religious symbols has grown in Israel. In the 1950s Israel
issued a series of stamps representing pictures of Israeli cities. In the
picture of Nazareth, there was a church and on its top a cross - almost
invisible, perhaps the size of a millimeter. Nevertheless, the religious
parties, supported by many on the Zionist "left" made a scandal and
the stamps were quickly withdrawn and replaced by an almost identical series
from which the microscopic cross was withdrawn.
Then there was the
long-drawn-out battle about Christian influence in elementary arithmetic. Pious
Jews object to the international plus sign for it is a cross, and it may in
their opinion, influence little children to convert to Christianity. Another
"explanation" holds; it would then be difficult to "educate"
them to spit on the cross, if they become used to it in their arithmetic
exercises. Until the early 1970s two different sets of arithmetic books were
used in Israel. One for the secular schools, employing an inverted "T"
sign. In the early '70's the religious fanatics "converted" the Labour
Party to the great danger of the cross in arithmetic, and from that time, in all
Hebrew elementary schools (and now many high schools as well) the international
plus sign has beeen forbidden.
Similar development is
visible in other areas of education. Teaching the New Testament was always
forbidden, but in the old time conscientious teachers of history used to
circumvent the prohibition, by organizing seminars or sending the students to
libraries (not the school libraries, of course). About 10 years ago there was a
wave of denouncing such teachers. One in Jerualem was almost sacked, for
advising her history pupils, who were studying the history of Jews in Palestine
around 30-40 AD, that it would be a good thing if they would read a few chapters
of the New Testament as a historical aid. She retained her post only after
humbly promising not to do this again.
However in recent years,
anti-Christian feelings are literally exploding in Israel (and among
Israel-worshipping Jews in Diaspora too) together with the increase of the
Jewish fanaticism in all other areas too.
The real enemies of truth
here, as in many other aspects of the Israel reality, are the socialists,
"liberals", "radicals", etc. in the USA. Imagine the
reaction of the US Liberals, and of such papers as The Nation and New York
Review of Books, not to speak of the New York Times if in any state whatsoever,
the government financed spitting on a Star of David? But when here in Israel,
the government finances the spitting on a cross, they are and will continue to
be, quite silent. More than this, they helpt to finance it. United States
taxpayers, who are of course mostly Christians, are finacing at least half the
Israeli budget, one way or another, and therfore the spitting on the cross too.
Professor Israel Shahak is
an israeli citizen, former concentration camp inmate during WW II, and the
founder of Israel's Human Rights League. His new book "Jewish History,
Jewish Religion" about Jewish hatred and contempt toward Gentiles, is
highly recommended.
Falsification
of the Holocaust
By Prof. Israel Shahak
Letter to the editor by
Prof. Israel Shahak, published on 19 May 1989 in Kol Ha'ir, Jerusalem:
I disagree with the opinion
of Haim Baram that the Israeli education system has managed to instill a
'Holocaust awareness' in its pupils (Kol Ha'Ir 12.5.89). It's not an awareness
of the Holocaust but rather the myth of the Holocaust or even a falsification of
the Holocaust (in the sense that 'a half-truth is worse than a lie') which has
been instilled here.
As one who himself lived
through the Holocaust, first in Warsaw then in Bergen-Belsen, I will give an
immediate example of the total ignorance of daily life during the Holocaust. In
the Warsaw ghetto, even during the period of the first massive extermination
(June to October 1943), one saw almost no German soldiers. Nearly all the work of
administration, and later the work of transporting hundreds of thousands of Jews
to their deaths, was carried out by Jewish collaborators. Before the outbreak of
the Warsaw Ghetto Uprising (the planning of which only started after the
extermination of the majority of Jews in Warsaw), the Jewish underground killed,
with perfect justification, every Jewish collaborator they could find. If they
had not done so the Uprising could never have started. The majority of the
population of the Ghetto hated the collaborators far more than the German Nazis.
Every Jewish child was taught, and this saved the lives of some them "if
you enter a square from which there are three exits, one guarded by a German SS
man, one by an Ukrainian and one by a Jewish policeman, then you should first
try to pass the German, and then maybe the Ukrainian, but never the Jew".
One of my own strongest
memories is that, when the Jewish underground killed a despicable collaborator
close to my home at the end of February 1943, I danced and sang around the still
bleeding corpse together with the other children.* I still do not regret this,
quite the contrary.
It is clear that such events
were not exclusive to the Jews, the entire Nazi success in easy and continued
rule over millions of people stemmed from the subtle and diabolical use of
collaborators, who did most of the dirty work for them. But does anybody now
know about this? This, and not what is 'instilled' as the reality. Of the Yad
Vashem (official state Holocaust museum in Jerusalem - Ed.) theatre, I do not
wish to speak at all. It, and its vile exploiting, such as honouring South
Africa collaborators with the Nazis are truly beneath contempt.
Therefore, if we knew a
little of the truth about the Holocaust, we would at least understand (with or
without agreeing) why the Palestinians are now eliminating their collaborators.
That is the only means they have if they wish to continue to struggle against
our limb-breaking regime.
Kind regards,
[Israel Shahak

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