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Jewish History, Jewish Religion: The Weight of Three Thousand Year Page II
by
Professor Israel Shahak
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. |