Bible Encyclopedias
Gentile

• Bacher, Ag. Pal. Amor.;
• idem, Ag. Bab. Amor.;
• idem, Ag. Tan.

—In Relation to Jews:

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

The seven nations in the Holy Land were to be exterminated for fear they might teach the Israelite conquerors idolatry and immoral practises (Deuteronomy 7:1-6, 18:9-14, 20:16-18); but in spite of the strenuous efforts of Joshua and other leaders the Israelites could not drive them out of the Promised Land (Joshua 13:1-6). Having in view the curbing of assimilation and the protection of the Jewish state and society, the legislators, men of the Great Assembly, adopted stringent measures against these Gentiles. These laws were collected and incorporated in the Mishnah, and were interpreted in the Gemara of the Jerusalem and Babylonian Talmuds. The restrictive regulations may be classified as having been enacted for the following reasons: (1) to exalt monotheism, and Israel as a nation; (2) to combat and outlaw barbarism; (3) to overcome the unreliability of the Gentile; and (4) to counteract Gentile laws not in harmony with the humanitarian laws of the Jews.

Rabbinical Modification of Laws.

1. The Pharisees, interpreting the spirit of the Law, and acting under the elastic rule that "there is a time to serve the Lord by relaxing his law" (Psalms 119:126, Hebr.; Yoma 69a), permitted the desecration of the Sabbath in besieging a Gentile city "until it be subdued" (Deuteronomy 20:20), in accordance with Shammai's interpretation (Shab. 19a). This definition was not new, as already the Maccabeans had taken advantage of it in fighting the enemy unceasingly, putting aside the observance of the Sabbath for the sake of God and of their national existence (I Macc. 2:43,44). Probably for the same reason (to facilitate war with the Gentile enemy), the Rabbis modified the laws of purification so as not to apply when one comes in contact with a corpse or human bones, or when one enters an enclosure containing a dead body. With regard to the text "This is the law when a man dieth in a tent" (Numbers 19:14), they held that only Israelites are men, quoting the prophet, "Ye my flock, the flock of my pasture, are men" (Ezekiel 34:31); Gentiles they classed not as men but as barbarians (B. M. 108b). The Talmudic maxim is, "Whoever has no purification laws can not contaminate" (Naz. 61b). Another reason assigned is that it would have been utterly impossible otherwise to communicate with Gentiles, especially in the post-exilic times (Rabinovitz, "Mebo ha-Talmud," p. 5, Wilna, 1894). Patriotism and a desire to regain a settlement in the Holy Land induced the Rabbis, in order not to delay the consummation of a transfer of property in Palestine from a Gentile to a Jew, topermit the deed to be written on the Sabbath, an act otherwise prohibited (B. Ḳ. 80b).
2. The barbarian Gentiles who could not be prevailed upon to observe law and order were not to be benefited by the Jewish civil laws, framed to regulate a stable and orderly society, and based on reciprocity. The passage in Moses' farewell address: "The Lord came from Sinai, and rose up from Seir unto them; he shined forth from Mount Paran" (Deuteronomy 33:2), indicates that the Almighty offered the Torah to the Gentile nations also, but, since they refused to accept it. He withdrew His "shining" legal protection from them, and transferred their property rights to Israel, who observed His Law. A passage of Habakkuk is quoted as confirming this claim: "God came from Teman, and the Holy One from Mount Paran. . . . He stood, and measured the earth; he beheld, and drove asunder [ = "let loose," "outlawed"] the nations" (Habakkuk 3:3-6); the Talmud adds that He had observed how the Gentile nations steadfastly refused to obey the seven moral Noachian precepts, and hence had decided to outlaw them (B. Ḳ. 38a).

Laws of Hammurabi.

It follows that the Gentiles were excepted from the general civil laws of Moses. For example, the Law provides that if a man's ox gores and kills a neighbor's ox, the carcass and the surviving ox shall be sold, and the proceeds divided between the respective owners (half-damages). If, however, the goring ox has been known to be dangerous and its owner has not kept watch over it, he shall pay full damages for the dead ox and take the carcass (Exodus 21:35-36, Hebr.). Here the Gentile is excepted, as he is not a "neighbor" in the sense of reciprocating and being responsible for damages caused by his negligence; nor does he keep watch over his cattle. Even the best Gentile laws were too crude to admit of reciprocity. The laws of Hammurabi provide: "If the ox has pushed a man, and by pushing has made known his vice, and the owner has not blunted his horn, has not shut up his ox, and that ox has gored a man of gentle birth and caused him to die, the owner shall pay half a mina of silver" (Johns, "Oldest Code of Laws," § 251, Edinburgh, 1903). This price of a half-mina of silver was also the fixed fine for cutting down a tree (ib. § 59). It appears that only a nominal sum was paid when a man not of gentle birth was killed, and even less when a neighbor's ox was gored. The Mishnah, bearing such facts in mind, therefore declares that if a Gentile sue an Israelite, the verdict is for the defendant; if the Israelite is the plaintiff, he obtains full damages (B. Ḳ. 4:3). It should be noted that in these tort cases public or sacred property () was also an exception, for the reason that both are wanting in individual responsibility and in proper care. The principle was that the public could not be fined since it could not collect in turn. The Gemara's reliance on the technical term "neighbor" () in the text as its justification for excluding both the Gentile and the public, is merely tentative.

The Talmud relates in this connection that the Roman government once commissioned two officers to question the Rabbis and obtain information regarding the Jewish laws. After a careful study, they said: "We have scrutinized your laws and found them just, save the clause relating to a Gentile's ox, which we can not comprehend. If, as you say, you are justified by the term 'neighbor,' the Gentile should be quit when defendant as well as when plaintiff." The Rabbis, however, feared to disclose the true reason for outlawing the Gentiles as barbarians, and rested on the textual technicality in the Mosaic law, in accordance with which they had authority to act in all cases coming within their jurisdiction (B. Ḳ. 38a).

The Mosaic law provides for the restoration of a lost article to its owner if a "brother" and "neighbor" (Deuteronomy 22:1-3), but not if a Gentile (B. Ḳ. 113b), not only because the latter would not reciprocate, but also because such restoration would be a hazardous undertaking. The laws of Hammurabi made certain acts connected with "articles lost and found" a ground of capital punishment. "If the owner of the lost property has not brought witnesses identifying his lost property; if he has lied, or has stirred up strife, he shall be put to death" (Johns, c. § 11). The loser, the finder, or an intermediate person was put to death in certain stages of the search for the missing article (ib. §§ 9-13). The Persian law commanded the surrender of all finds to the king (B. Ḳ. 28b). As an illustration of the Gentile law and of Jewish magnanimity, the following is related in the Talmud: "Queen Helen lost her jewelry, and R. Samuel, who had just arrived in Rome, found it. A proclamation was posted throughout the city offering a certain sum of money as a reward for the restoration of the jewels within thirty days. If restored after thirty days, the finder was to lose his head. Samuel waited and restored the jewels after thirty days. Said the queen: 'Hast thou not heard of the proclamation?' 'Yes,' answered Samuel, 'but I would show that I fear not thee. I fear only the Merciful.' Then she blessed the God of the Jews" (Yer. B. M. 2:5).

Similarly, the mandate concerning the oppression of or withholding wages from a hireling brother or neighbor, or a domiciled alien (Deuteronomy 24:14-15) who observes the Noachian laws, is not applicable in the case of a Gentile. That is to say, a Gentile may be employed at reduced wages, which need not be paid promptly on the same day, but may be paid in accordance with the usual custom of the place. The question arose whether a Jew might share in the spoils gained by a Gentile through robbery. One Talmudic authority reasoned that the Gentile exerted himself to obtain the ill-gotten property much less than in earning his wages, to which the Mosaic law is not applicable; hence property seized by a Gentile, if otherwise unclaimed, is public property and may be used by any person. Another authority decided that a Jew might not profit by it (B. M. 111b).

Ashi's Decisions.

R. Ashi decided that a Jew who sells a Gentile landed property bordering on the land of another Jew shall be excommunicated, not only on the ground that the Gentile laws do not provide for "neighbors' boundary privileges" (), but also because the Jewish neighbor may claim "thou hast caused a lion to lie on my border." The ban shall not be raised unless the seller stipulates to keep theJew free from all possible damage arising from any act of the Gentile (B. Ḳ. 114a). The same Ashi noticed in a vineyard a broken vine-branch bearing a bunch of grapes, and instructed his attendant, if he found that it belonged to a Gentile, to fetch it; if to a Jew, to leave it. The Gentile owner overheard the order, and asked: "Is it right to take from a Gentile?" Ashi replied: "Yes, because a Gentile would demand money, but a Jew would not" (ib. 113b). This was an adroit and sarcastic answer. In truth, Ashi coincided with the opinion of the authority stated above; namely, that, as the presumption is that the Gentile obtained possession by seizure, the property is considered public property, like unclaimed land in the desert (B. B. 54b). The consensus of opinion, however, was against this authority. R. Simeon the Pious quotes to show that legal possession was required even in dealing with the Seven Nations: "And thou shalt consume [ = "eat the spoils"] all the people which the Lord thy God shall deliver thee" (Deuteronomy 7:6, Hebr.), meaning that Israel could claim the land only as conquerors, not otherwise (B. Ḳ. 113b).

In one instance a Gentile had the benefit of the technical term "neighbor," and it was declared that his property was private. The Law provides that an Israelite employed in his neighbor's vineyard or grain-field is allowed to pick there as much as he can eat while working (Deuteronomy 23:25-26). But since the employer in this case was a Gentile (e., not a "neighbor"), the Israelite was forbidden to eat anything without permission (B. M. 87b). As regards the property of this Gentile perhaps his title to it was not disputed, and it was therefore considered just as sacred as that of a Jew.

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

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

Discrimination Against Gentiles.

3. Another reason for discrimination was the vile and vicious character of the Gentiles: "I will provoke them to anger with a foolish nation " (= "vile," "contemptible"; Deuteronomy 32:21). The Talmud says that the passage refers to the Gentiles of Barbary and Mauretania, who walked nude in the streets (Yeb. 63b), and to similar Gentiles, "whose flesh is as the flesh of asses and whose issue is like the issue of horses" (Ezekiel 23:20); who can not claim a father (Yeb. 98a). The Gentiles were so strongly suspected of unnatural crimes that it was necessary to prohibit the stabling of a cow in their stalls ('Ab. Zarah 2:1). Assaults on women were most frequent, especially at invasions and after sieges (Ket. 3b), the Rabbis declaring that in case of rape by a Gentile the issue should not be allowed to affect a Jewish woman's relation to her husband. "The Torah outlawed the issue of a Gentile as that of a beast" (Miḳ. 8:4, referring to Ezek. c.).Excepting the Greeks, no Gentiles, not even the Persians, were particular in shedding blood (B. Ḳ. 117a). "Meeting a Gentile on the road armed with a sword [on his left], the Jew shall let him walk on his right [being thus ready to wrench away the weapon if threatened with it]. If the Gentile carries a cane [in his right hand], the Jew shall let him walk at his left [so that he may seize the cane if raised against him]. In ascending or descending the Jew shall always be above, and shall not stoop down for fear of assassination. If the Gentile ask to be shown the way, the Jew shall extend his own journey a point farther and shall not tarry on reaching the stranger's destination" ('Ab. Zarah 25b).Taking these conditions into consideration, the precautions against the employment of Gentile midwives can be easily understood. A Gentile woman was not allowed to suckle a Jewish babe, save in the presence of Jews. Even so it was feared that the Gentile nurse might poison the child (ib. 25a). As a retaliative measure, or for fear of accusation, the Rabbis forbade Jewish midwives and nurses to engage themselves in Gentile families, unless offered a fee for the service or to avoid enmity (ib.). The same rule applied to physicians (Maimonides, "Yad," 'Akkum, 9:16). The Roman laws ordained that physicians should be punished for neglect or unskilfulness, and for these causes many were put to death (Montesquieu, "L'Esprit des Lois," § 14). In a place where no Jewish physician could be found to perform the rite of circumcision the question arose whether a Gentile or a Samaritan mohel might be chosen to operate. If the Gentile is "an expert physician patronized by the public, he may be employed, as it is presumed he would not jeopardize his reputation by purposely injuring a Jewish patient" ('Ab. Zarah 27a).

Unreliability of Gentiles.

With such a character as that depicted above, it would naturally be quite unsafe to trust a Gentile as a witness, either in a criminal case or in a civil suit. He could not be depended upon to keep his promise or word of honor like a Jew (Bek. 13b). The Talmud comments on the untruthfulness of Gentiles ("a band of strange children whose mouth speaketh vanity, and their right hand [in raising it to take an oath] is a right hand of falsehood" [Psalms 144:11]), and contrasts it with thereputation of a Jew: "The remnant of Israel shall not do iniquity nor speak lies; neither shall a deceitful tongue be found in their mouth" (Zephaniah 3:13). Also excluded as a "neighbor" was the Gentile in whose trust property was left with all prescribed provisions (Exodus 22:6-14). The Torah does not discriminate against the testimony of a Gentile, save when he is held to be a robber; when it is thought that he has no intention of perjuring himself he is believed (Mordecai, Annotations to Rosh Giṭ. 10). Hence documents and deeds prepared by Gentile notaries in their courts are admitted as valid evidence (Giṭ. 1:4). R. Simeon even validates a Jewish writ of divorce signed by a Gentile notary (ib.). In dietary cases, where a Gentile is disinterested his evidence is accepted (Shulḥan 'Aruk, Yoreh De'ah, 86, 1). A Gentile's testimony to a man's death, incidentally related as a matter of fact, he being unaware that his evidence is wanted, is held sufficient to release a woman from her marriage bond and to permit her to marry again (Giṭ. 28b; Shulḥan 'Aruk, Eben ha-'Ezer, 17, 14; 'Agunah).

As Suitors in Civil Cases.

4. After the destruction of Jerusalem the condition of the Gentiles in general was somewhat improved by the establishment of Roman courts of justice; but the laws of the latter, borrowed from the Persians and modified by feudalism, never attained the high standard of Jewish jurisprudence. Even under the Roman supremacy the Jews were permitted to decide their civil and criminal cases in accordance with their own code of laws, just as in countries like Turkey, China, and Morocco extra-territorial rights are granted by treaty to the consular courts of foreign nations. In a mixed trial where the suitors were respectively Jew and Gentile, the Jew had to abide by the harsh and illogical laws of the Gentiles; and for this the Jew retaliated whenever occasion arose.It sometimes happened that the Gentile, wishing to take advantage of the liberal Jewish laws, summoned his Jewish opponent to a Jewish court. In such cases the Gentile would gain little benefit, as he would be dealt with in accordance with the Jewish or the Gentile law, as might be least advantageous to him. The judge would say: "This is in accordance with our law" or "with your law," as the case might be. If this was not satisfactory to the Gentile, legal quibbles and circumventions might be employed against him. R. Akiba, however, would not permit such proceedings, which tended to profane the Holy Name (B. Ḳ. 113a).The differences between their laws were the main barriers between Jew and Gentile. The Talmud would excommunicate a Jew who without a summons testified in a petty Gentile court as a single witness against a Jew, for the Jewish law required at least two witnesses. But in the supreme court a single Jewish witness might testify, as the Gentile judge would administer the oath to the defendant, which proceeding was similar to that prescribed by Jewish law (ib.).The Jewish mode of acquisition of real property by deed or by three years' undisputed possession did not apply to Gentiles (Ḳid. 14b), who as a rule acquired their property by seizure. The Persian laws leased property for a term of forty years, so that three years' occupation would not amount to a presumption of purchase (B. B. 55a). In case of transfer of chattels, a money payment was sufficient without delivery or removal, which the Jewish law required (B. Ḳ. 13a). Part payment or a consideration was not valid (B. B. 54b).Acquisition by a consideration was an old established Jewish law: "This was the manner in former time in Israel concerning redeeming and concerning changing, for to confirm all things; a man plucked off his shoe and gave it to his neighbor" (Ruth 4:7). The article of consideration in "former times" was changed in later times to a kerchief (). The Gentiles did not admit acquisition by a consideration. Transfers of their property were effected only for ready money to the full amount (Ḳid. 8a). The Persians bound themselves by an exchange of presents, which was considered equivalent to a word of honor, but not, however, in the sense of a consideration ('Ab. Zarah 71a).The Persian law ordered the guarantor to pay immediately on the default of the debtor; while the Jewish law required the creditor first to proceed against the debtor, and that then, if the debt were not paid, he should sue the guarantor (B. B. 173b, 174a).The Jewish law against overcharging one-sixth or more above the current price of marketable merchandise—a violation of which affected the validity of the sale—applied only to a Jew or domiciled alien, not to a Gentile. "If thou sell ought unto thy neighbor, or buyest ought of thy neighbor's hand, ye shall not oppress [overcharge] one another" (Hebr. = "his brother"; Leviticus 25:14), was contrary to the Gentile legal maxim, "A bargain is a bargain." For this the Gentile was paid in his own coin, so to speak. Samuel declared legal a transaction in which an error has been made by miscalculation on the part of a Gentile. Following out his theory, Samuel was unscrupulous enough to purchase from a Gentile a gold bar for four zuz, which was the price of an iron bar; he even beat down the price one zuz. Such transactions, while regarded as perfectly proper and legitimate among the Gentiles, were not tolerated among the Jews themselves.On the other hand, there were many examples of cases in which Jews refused to take advantage of errors. A rabbi once purchased wheat from a Gentile agent, and, finding therein a purseful of money, restored it to the agent, who blessed "the God of the Jews." Simeon b. Shaṭaḥ restored a valuable pearl he had found on a donkey to the Gentile of whom he had purchased the beast (Yer. B. M. 2:5). In cases of wilful murder, an alien Gentile who observed the Noachian laws which forbid murder was treated like a Jew. "One law and one manner [judgment] shall be for you and for the stranger that so-journeth with you" (Numbers 15:16)—that is, provided he abides by the same law. According to the Talmud, there is a difference between a domiciled alien (), one who abandoned idolatry in order to be allowed to settle in Palestine, and a true alien (), who voluntarily and conscientiously observed the Noachian laws (see Proselyte and Proselytism). In regard to manslaughter (unpremeditated homicide), for which the culprit was exiledto a city of refuge (Numbers 35:11), the Mishnah says: "All were exiled for the manslaughter of an Israelite; and an Israelite was exiled for the manslaughter of others, save a domiciled alien. The latter was exiled for the manslaughter of another domiciled alien" (Mak. 2:3). This was in accord with the general rule that a man could not be sentenced to death without a previous warning (; Sanh. 57a); and since such forewarning was necessarily lacking in cases of manslaughter, the Israelite guilty thereof was simply exiled, this step being taken to forestall the avenger of blood. The Gemara to the Mishnah cited above (Mak. 8b) holds that an alien was not entitled to the forewarning, and hence should be executed.

Gentile Property Exempt from Fines.

For robbery or defaulting in a trust the guilty person was required to repay the principal and to pay one-fifth in addition (Leviticus 5:21-24 [A. V. 6:2-4]); in other cases fines, ranging from double to four and five times the original amount for theft, were imposed (Exodus 22:1-4). Where the stolen property belonged to a Gentile or to the public, however, the guilty was required to pay only the principal, without the additional fines (Maimonides, "Yad," Gezelah, 7). As the fine was a personal compensation, the public, lacking individuality, could not receive it; nor could a Gentile, since his own laws were at variance with reason and justice. For example, the Twelve Tables ordained that a thief be whipped with rods and condemned to slavery; and the Greeks inflicted capital punishment for stealing even a trifle.

Gentile Poor to Be Supported.

The prohibition of usury, or rather of taking any amount over and above that of the original loan, specifies of "a poor brother" and a stranger (alien) "that he may live with thee" (Exodus 22:25; Leviticus 25:35-37). "Unto a stranger [= "foreigner"], however, thou mayest lend upon usury" (Deuteronomy 23:20). This was a purely economic measure, encouraging a tax on loans to foreigners, and cautioning against impoverishing the domestic producer. The Gentile was considered a foreigner whom an Israelite need not support, and his own laws did not prohibit usury. The Jewish prohibition extended to the alien ("ger"), as the text plainly indicates; but there is a question whether it included a domiciled alien ("ger toshab"; B. M. 71a). Nevertheless the Mishnah says the Gentile poor shall be supported together with the Jewish poor, for the sake of peace (Giṭ. 61a). The Talmud also says that a pious Jew shall not take interest from a Gentile, and quotes Psalms 15:5: "He that putteth not out his money to usury" (Mak. 24b). In fact, the Talmud did not tolerate the charging of interest to Gentiles (B. M. 71a). See USURY.

The relation of the Jews to the ruling government was fixed by Samuel's maxim, "The law of the land is binding," thus validating all enactments of the land not in conflict with the Jewish religion, and rendering unto Cæsar his due as regards taxes and imposts, which no one might evade—provided, however, that the taxes were authorized (B. Ḳ. 113a). Rabbenu Tam, defining this maxim, adds: "provided the king's edicts are uniform, and apply to all his subjects in all his dominions." R. Eliezer of Metz says: "provided the king taxes his own subjects and settlers; but he can not extort money from journeymen passing through his dominion without having any intention to remain there. Otherwise, it is not law, but robbery" (Mordecai in B. Ḳ. § 215; Annotations to Rosh Ned. 3:11).

Gentiles May Not Be Taught the Torah.

Inasmuch as the Jews had their own distinct jurisdiction, it would have been unwise to reveal their laws to the Gentiles, for such knowledge might have operated against the Jews in their opponents' courts. Hence the Talmud prohibited the teaching to a Gentile of the Torah, "the inheritance of the congregation of Jacob" (Deuteronomy 33:4). R. Johanan says of one so teaching: "Such a person deserves death" (an idiom used to express indignation). "It is like placing an obstacle before the blind" (Sanh. 59a; Ḥag. 13a). And yet if a Gentile study the Law for the purpose of observing the moral laws of Noah, R. Meïr says he is as good as a high priest, and quotes: "Ye shall therefore keep my statutes, and my judgments, which if a man do, he shall live in them" (Leviticus 18:5). The text does not specify an Israelite or a Levite or a priest, but simply "a man"—even a Gentile ('Ab. Zarah 26a).

Resh Laḳish (d. 278) said, "A Gentile observing the Sabbath deserves death" (Sanh. 58b). This refers to a Gentile who accepted the seven laws of the Noachidæ, inasmuch as "the Sabbath is a sign between God and Israel alone," and it was probably directed against the Christian Jews, who disregarded the Mosaic laws and yet at that time kept up the observance of the Jewish Sabbath. Rabbina, who lived about 150 years after the Christians had changed the day of rest to Sunday, could not quite understand the principle underlying Resh Laḳish's law, and, commenting upon it, added: "not even on Mondays [is the Gentile allowed to rest]"; intimating that the mandate given to the Noachidæ that "day and night shall not cease" (="have no rest ") should be taken in a literal sense (Genesis 8:22)—probably to discourage general idleness (ib. Rashi), or for the more plausible reason advanced by Maimonides, who says: "The principle is, one is not permitted to make innovations in religion or to create new commandments. He has the privilege to become a true proselyte by accepting the whole Law" ("Yad," Melakim, 10:9). R. Emden (), in a remarkable apology for Christianity contained in his appendix to "Seder 'Olam" (pp. 32b-34b, Hamburg, 1752), gives it as his opinion that the original intention of Jesus, and especially of Paul, was to convert only the Gentiles to the seven moral laws of Noah and to let the Jews follow the Mosaic law—which explains the apparent contradictions in the New Testament regarding the laws of Moses and the Sabbath.

Present Status of the Gentile.

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

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

—From the Post-Talmudic Period to the Present Time:

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

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

Maimonides (twelfth century), in his code written in Egypt, says: "It is forbidden to defraud or deceive any person in business. Jew and non-Jew are to be treated alike. If the vendor knows that his merchandise is defective, he must so inform the purchaser. It is wrong to deceive any person in words, even without causing him a pecuniary loss ("Yad," Mekirah, 18:1). In his Mishnaic commentary Maimonides remarks: "What some people imagine, that it is permissible to cheat a Gentile, is an error, and based on ignorance. The Almighty—praised be His Name!—instructed us that in redeeming a Hebrew servant from the services of a Gentile owner 'he shall reckon with him that bought him'" (Leviticus 26:50), meaning to be careful in his calculation not to cheat the Gentile. This was in Palestine, where the Jews had the upper hand over the Gentiles. How much more should the law be observed at the present time, when they have no sovereignty over the Gentiles. Moreover, neglect of the precept would cause the desecration of His Name, which is a great sin. Deception, duplicity, cheating, and circumvention toward a Gentile are despicable to the Almighty, as "all that do unrighteously are an abomination unto the Lord thy God" (Deuteronomy 25:16; commentary to Kelim 12:7).

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

Opinions of Jewish Scholars.

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

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

Caro (sixteenth century), the author of the Shulḥan 'Aruk, decides that "the modern Gentiles are not reckoned as heathen with reference to the restoration of lost articles and other matters" (Bet Joseph to Ṭur Ḥoshen Mishpaṭ, § 266; see also Ṭur Yoreh De'ah, § 148, ed. Venice, 1551).

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

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

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

Senior Zalmon (d. 1813), the representative authority of the modern Ḥasidim, in his version of the Shulḥan 'Aruk (6:27b, Stettin, 1864), says: "It is forbidden to rob or steal, even a trifle, from either a Jew or Gentile, adult or minor; even if the Gentile grieved the Jew, or even if the matter devolved is not worth a peruta [mite], except a thing that nobody would care about, such as abstracting for use as a toothpick a splinter from a bundle of wood or from a fence. Piety forbids even this."

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

—Attitude of Modern Judaism:

Modern Judaism, as inculcated in the catechisms and explained in the declarations of the various rabbinical conferences, and as interpreted in the sermons of modern rabbis, is founded on the recognition of the unity of the human race; the law of righteousness and truth being supreme over all men, without distinction of race or creed, and its fulfilment being possible for all. Righteousness is not conditioned by birth. The Gentiles may attain unto as perfect a righteousness as the Jews. Hence the old Jewish doctrine, "The righteous among the Gentiles are sharers [in the felicity] of the world to come" (Tosef., Sanh. ), is reaffirmed by the modern Synagogue. "Neighbor," in the command, "Thou shalt love thy neighbor like thyself " (Leviticus 19), signifies every human being.

On Marriage.

Modern Judaism does not accept the rabbinical maxim, "Ḳiddushin en lahem, abal be'ilat ba'al yesh lahem," to the effect that coition but not marriage obtains among the Gentiles. This reflection on the morals of the non-Jewish world arose out of the conditions of Roman civilization; but, in view of the observance in civilized countries of the Biblical laws of marriage, the modern Synagogue acknowledges without quibble the sanctity of matrimony contracted under the sanction of the civil law or of the Church. Where the civil law is in conflict with the Jewish law, the civil law in general takes precedence; where degrees of consanguinity are permitted in the Mosaic law, but forbidden in the civil law, the latter is recognized by the Synagogue. But where the civil law permits marriages within certain degrees of consanguinity forbidden in the Mosaic code, the Jewish law is respected.

The jurisdiction of the Gentile tribunals is also recognized in civil suits, whether the parties be Jews or Gentiles. In these cases the maxim of Samuel, "The law of the land is law" ("Dina de-malkuta dina"; Giṭ. 6b), is applied in its broadest sense. The term "huḳḳot ha-goyyim," after rabbinical precedent (see above, under R. Meïr), is applied, if at all, only to such customs as conflict with the implications of ethical monotheism (sorcery, superstition: see Pes. 111a), and to the introduction into the synagogal service of rites repugnant to the genius of monotheistic Judaism. The rabbinical injunction against placing animals in the stable of a Gentile (Giṭ. 46b), as well as the provisions freeing the slave sold to a non-Jew, had its root in the horrid indulgences of the Roman-Greek world. Slavery, whether of Jew or Gentile, is abhorrent in the eyes of modern Judaism. The caution against being found alone with a Gentile, and against leaving a woman alone with one ('Ab. Zarah 2:1), has lost what reasonableness it had in the days of Roman depravity (see Sifra, Aḥare Mot, 9). The Jewish religion teaches the very contrary of the assumption basic to these injunctions. The Christian, whose morality is fundamentally Jewish, never fell under the designation used in these rabbinical warnings.

Impartiality of Jewish Philanthropy.

Jewish philanthropy draws no distinction between Gentile and Jew. The provision for the relief and care of Gentile dependents and the burial of their dead (Giṭ. 61a) is in full authority, not merely "mi-pene darke shalom" (see above), but as grounded in the very essence of Jewish benevolence. The examples of the old rabbis, quoted in part above, in extending the law of reverence for old age (Maimonides, "Yad," Talmud Torah, 6:9) to the aged among the Gentiles (Ḳid. 33a); in giving the salutation of peace to the non-Jew (Ber. 17a; Giṭ. 61, 62); in gladdening the hearts of Gentiles on their holidays ('Ab. Zarah 12a, 65a), are recalled in modern catechisms and treatises of Jewish ethics, to teach that the same regard for the dignity of man shall be extended to every one created in God's image. The Mishnaic interdiction of celebrating the holidays of the heathen by intercourse with them on those days (ib. 1:1), reasonable enough when idolatry was supreme, has been superseded by the injunction to have due and reverent regard for the religious usages of non-Jews,and to enter heartily into the spirit of such common celebrations as have no bearing on the positive monotheistic tenets of Judaism.

The oath before a Gentile magistrate is inviolable, though Judaism discourages the practise of taking an oath, believing that "one's yes should be yes, and one's no should be no" (B. M. 49a; Sheb. 36a). Honesty and truthfulness are insisted on in all dealings, whether with a Jew or a Gentile. The Rabbis insisted that the sin known as "genebat da'at" (the stealing of another's good opinion by false representations or by the pretense of friendship and the like) be avoided in one's intercourse even with a heathen (Ḥul. 94a). In view of the virulent aspersions on Jewish morality, it should be noted that modern Judaism, like rabbinical Judaism, makes false dealings, usury, theft, and the like of which a Gentile is the victim, a "ḥillul ha-shem" on the part of the Jew, the one sin for which only death may bring atonement (Lev. R.; Yer. Ned. 38b; Ab. 4:4).

The modern prayer-books (e.g., the English edition of Einhorn's "'Olat Tamid," Chicago, 1896) have substituted in the prayer for peace in the "Shemoneh 'Esreh" the words "all nations" and "all the sons of man, thy children," for the old reading "thy people Israel."

Intermarriage is not countenanced by modern Judaism; but this is not due to contempt for the Gentiles, but to the conviction that unity of religion is essential to the happiness of the home.