There has been much less halachic literature written about Islam compared to Christianity. It has been suggested that this is due, in part, to the fact there has not been in the way of substantial polemics directed at Islam.<ref>Much of this article is based on 'Islam and the halacha'' in ''Judaism: A Quarterly Journal of Jewish Life and Thought'', 6/22/1993, Author: Shapiro, Marc B.</ref> Almost all halachic authorities follow Maimonides and rule that Islam is not idolatry. Many halachic authorities disagree with Maimonides and rule that Muslims enjoy, at least in part, the status of a ''[[Ger Toshav]]''. Although concerning both these points there are major halachic authorities with dissenting opinions. The most serious issues with Islam from a Noahide point of view is the non-acceptance of Jewish scriptures and the "[[replacement theology]]" of the Prophethood of Muhammed. The Brisker Rav said that for Muslims to be considered Noahides, they must accept the 7 mitzvos because Hashem commanded it at Sinai. Additionally, they must honor the prohibition of "shfichas domim".
==Islam and the halachah==
===Midrashim===
There was a widespread perception that an idol was to be found in the Ka'aba. For example ''Midrash Lekah Tov'' regarded Mecca as the name of an Islamic idol<ref>Midrash Lekah Tov (Jerusalem, 1960), Vol. 2, p. 250</ref> Based on this this R. Menahem Meiri, R. Abraham Sofer (son of the Hatam Sofer) and ''Sefer ha-Eshkol'' rule that it was forbidden to drink or even obtain benefit from wine handled by a Muslim. According to them, there was no difference in the halachic status of wine handled by a Muslim or an idolater.<ref>See R. Menahem Meiri, Bet ha-Behirah: Avodah Zarah, Abraham Sofer, ed. (Jerusalem, 1964), p. 214 (quoting R. Joseph ibn Migash), and Sefer ha-Eshkol, Z.B. Auerbach, ed. (Halberstadt, 1865), section 3, p. 150.</ref> ''Simhah Assaf''<ref>Simhah Assaf, ed., Teshuvot ha-Geonim (Jerusalem, 1929), no. 266,</ref> rules that wine handled by a Muslim is forbidden for use as if it was touched by a Christian. However, from the reason given in this responsum, one cannot conclude that a Muslim was viewed as an idolater. Nahmanides made a distinction between Muslim wine and Jewish wine which was touched by a Muslim. Some Also based on this, some ''achronim '' like the ''Birkei Yosef''<ref>R. Hayyim Joseph David Azulai, Birkei Yosef: Shiyure Berachah (Jerusalem, no date), Yoreh Deah 122: 1.</ref> and the ''Tashbez''<ref>R. Simeon ben Zemah Duran, She'elot u-Teshuvot Tashbez (Lemberg, 1891), vol. 2, no. 48</ref> ruled that the practice was not to receive any benefit from wine handled by a Muslim.
===Geonim===
Most of the ''rishonimgeonim'' held that Islam was not idolatry , however they did bring another factor into play. The Talmud gives another reason to prohibit the drinking of wine, the need to prevent socialization with non-Jews,apparently even non-idolatrous ones.<ref>need source</ref> Based on this R. Zemah Gaon ruled that even though one could benefit from Muslim wine, it was still unfit to be drunk by a Jew.<ref>Hemdah Genuzah (Jerusalem, 1863), no. 114.</ref> Similar rulings were also made by Geonim Kohen Zedek,<ref>Joel Muller, ed., Halachot Pesukot min ha- Geonim (Cracow, 1893), no. 25.</ref> Sar Shalom,<ref>David Casell, ed., Teshuvot Geonim Kadmonim (Bnei Brak, 1986), no. 46.</ref> Nahshon,<ref>Simha Hasida, ed., Shibbolei ha-Leket (Jerusalem, 1988), Vol. 2, p. 20.</ref> and other important rabbonim.<ref>See the sources quoted by Hanoch Albeck in the notes to his edition of Sefer ha-Eshkol (Jerusalem, 1938), pp. 77-78.</ref> However, R' Yizhak Rafael in his Sefer ha-Manhig, ruled that such wine was permissible for drinking.<ref>See Yizhak Rafael, ed., Sefer ha-Manhig (Jerusalem, 1978), Vol. 2, p. 660, and Albeck, loc. cit. Rabbenu Nissim, She'elot u-Teshuvot R. Nissim ben Gerondi, ed. Kleon Feldman (Jerusalem, 1984), p. 45</ref> He says that "perhaps it is permissible" to drink Muslim wine in a setting not conducive to socializing.
See the sources in Mayim Hayyim<ref>Mayim Hayyim (Jerusalem, 1985), Vol. 2, Yoreh Deah, no. 66, by the late Sephardic Chief Rabbi of Haifa, R. Joseph Messas</ref> where it is explained why certain authorities disregard the Geonic view that permits one only to obtain benefit from this wine but does not allow one to drink it. "There is no unity [of G-d] like the unity found in Islam; therefore, one who forbids [drinking] wine which they have handled turns holy into profane by regarding worshippers of G-d as worshippers of idols, G-d forbid."<ref>See p. 159</ref> On the other hand, kabbalists like R. Joseph Hayyim, tried to show that Islamic monotheism was far removed from the monotheism of Judaism<ref>See, e.g., R. Joseph Hayyim, Da'at u-Tevunah (Jerusalem, 1965), pp. 25b-26a.</ref>
This question has been dealt with above.
====The [[Hajj]], Facing Mecca and Shechitah====
As late as the fifteenth century, we find that R. Simeon ben Zemah Duran (''Tashbez'') still ruled that Islam itself was not idolatrous.<ref>She'elot u-Teshuvot Tashbez, vol. 2, no. 48.</ref> but he also ruled that a shohet to was not permitted to slaughter animals while facing Mecca.<ref>Ibid., vol. 3, no. 133.</ref> because he regarded the Muslim pilgrimage to Mecca as being of an idolatrous nature.<ref>Keshet u-Magen (Jerusalem, 1970), p. 19b.</ref> Of course, there is a difference between the view of the ''Tashbez'' and R. Nissim quoted above. Where the ''Tashbez'' was concerned with the remnants of the pre-Islamic period, R. Nissim's objection appears to be directed at what he considered to be pure Islam, not including any pre-Islamic pagan remnants. We know that the ''Tashbez'' ruled that Islam itself was not idolatrous.<ref>She'elot u-Teshuvot Tashbez, vol. 2, no. 48.</ref> although he ruled that a shohet to was not permitted to slaughter animals while facing Mecca.<ref>Ibid., vol. 3, no. 133.</ref> The  R. Solomon ben Adret (c. 1235-c. 1310), ruled however, that although he regarded the practice as distasteful, would not prohibit.<ref>She'elot u-Teshuvot Rashba (Bnei Brak, 1984), vol. 1, no. 345. </ref> This view was supported by R. David ibn Zimra(''Radbaz''),<ref>She'elot u-Teshuvot Radbaz, no. 162. He also adds an economic argument to buttress his case.</ref> and it was also codified ruled as final halachah in the Shulhan Aruch.<ref>Yoreh Deah 4:7.</ref> However, none of these authorities quote a responsum by Maimonides, which agreed with the ''Tashbez''' position.<ref>See Azulai, Birkei Yosef, Yoreh Deah 4:3. See also Azulai, Mar'it ha-Ayin (Livorno, 1805), p. 79a, who notes that this responsum appears to be at odds with Maimonides' letter to Ovadiyah. This responsum does not appear in any of the collected responsa of Maimonides, and its authenticity is very questionable. See, however, R. Hayyim Benveniste, Keneset ha- Gedolah (Jerusalem, 1970), Yoreh Deah 4:14, that perhaps one must suffer martyrdom rather than accede to the Muslim demand.</ref>
Rabbi Yisrael MeShklov, one of the leading disciples of the Vilna Gaon, in his addendum to the Shulchan Aruch called ''Mappat HaShulchan'' considered a situation that went one step further, in that the Muslims insisted that the Jewish shohet acknowledge Allah by proclaiming "Allahu akbar" when he slaughtered. R. Abraham Isaac Kook, not able to point to any explicit prohibition in this matter, also ruled that it is permissible to repeat the formula.<ref>Da'at Kohen [Jerusalem, 1985], no. 10. Regarding this practice, see also P'ri Hadash, Yoreh Deah, 19:6.</ref>
According to a Mishnaic halachah, one is not permitted to sell land in Israel to a Gentile.<ref>Avodah Zarah 1:8.</ref> What is not clear is whether this prohibition applies to all Gentiles or only to idolaters. A number of authorities state that Muslims are definitely excluded from this prohibition since they enjoy, at least in part, the status of a ''[[Ger Toshav]]'' to whom it is permitted to sell land. For the same reason, it is permitted to give a Muslim a present (without expecting something in return), something which is forbidden to be done with an idolater.<ref>For these two leniencies, see, e.g., R. Eshtori ha-Parhi, Kaftor va-Ferah (Jerusalem, 1980), p. 28a; R. Meyubas ben Samuel, Mizbah Adamah (Salonika, 1777), p. 12a; R. Elijah Mani, Zichronot Eliyahu (Jerusalem, 1936), Yoreh Deah, ma'arechet gimel, no. 3; R. Abraham Isaac Kook, Mishpat Kohen (Jerusalem, 1985), nos. 60, 63, and 68; and R. Elijah Klatzkin, Imrei Shefer (Warsaw, 1896), no. 92. This view is held by many other leading authorities. Based upon this view, R. Moses ibn Habib, Kol Gadol; (Jerusalem, 1970), vol. 1, no. 60, permits one to entertain Muslims musically during their festivals, provided that the songs are in good taste.</ref> This view is the basis for the Israeli Chief Rabbinate's decision to "sell" the land of Israeli farmers in the Sabbatical year in order to circumvent the prohibition against cultivating the land during this year. As long as it is sold to a Muslim there is no problem.<ref>Of course, there are other considerations that came into play for the halachists who permitted the land to be sold. The most important of these relate to the halachists' attitude toward Zionism. However, it is not within the scope of this paper to go into this, as here we are only concerned with the impact of Islam on the halachah, not with a comprehensive analysis of how halachists arrive at specific decisions. For some recent comments on this question, see my review-essay, entitled "Sociology and Halachah," in Tradition, vol. 27, no. I Fall 1992).</ref>
However, a number of prominent rabbinic authorities dispute this view, and assert that Muslims do not have the status of a ''[[Ger Toshav]]'' thus making it forbidden to sell them land or even give them a present.<ref>See, e.g., R. Joseph Karo, Bet Yosef, Hoshen Mishpat 249 (regarding Karo's view, see the comprehensive discussion in R. Hayyim Palache, Nishmat Kol Hai [Jerusalem, 1988]), vol. 1, no. 54); R. Naftali Zvi Yehudah Berlin, Meshiv Davar (Brooklyn, 1987), Vol. 1, p. 57a; R. Abraham Isaiah Barelitz, Hazon Ish (Bnei Bak, 1959), to Shevi'it 24:3.</ref> In addition, even according to those who accept the basic view that Muslims in Israel are ''[[Ger Toshav|Gerei Toshav]]'' it is possible that this notion may no longer apply. One of the characteristics of a ''[[Ger Toshav]]'' is that accepts they accept Jewish sovereignty,<ref>For a complete review of the laws regarding a ''[[Ger Toshav]]'', see Encyclopedia Talmudit (Jerusalem, 1954), Vol. 6, s.v. ger toshav.</ref> a characteristic clearly absent when one is dealing with a population that refuses to accept Israeli rule. While the The late Rabbi Meir Kahane often made this point with regard to Arabs in IsraeliIsrael,<ref>See, e.g., his They Must Go (New York, 1981), pp. 267-276, and Al ha-Emunah ve-al ha-Geulah (no place or date), pp. 72-73. </ref> and it has begun to find larger acceptance even among other halachists.<ref>See, e.g., R. Yosef Pinhasi, Yefat Mar'eh (Jerusalem, 1987), part 2, no.,1, who discusses recent Islamic literature which advocates the destruction of the State of Israel.</ref> As the intifada continues it is only to be expected that more and more halachic authorities will begin to exclude Arabs discount Israeli Muslims from the rank of ''[[Ger Toshav]]''. This might be a step towards some halachic views that Arabs non-Jews who refuse to accept Israeli rule are not permitted to remain in the Land.<ref>Such a ruling is found in R. Shlomo Aviner, She'elot u-Teshuvot Intifadah (Bet El, 1990), pp. 9, 76-77. The intifada has also begun to make an impact on rabbinic literature in other respects. See, e.g., the periodical Or Torah (Adar, 5750), p. 378, where it is claimed that the Zohar foretells the uprising.</ref> R. Ben Zion Krieger<ref>Krieger's view is found in Krieger and Uri Dasberg, eds., Benei Yisrael u-Benei Noah (Elkanah, 1988), p. 73.</ref> asserts that Israel is obligated to expel the Arab population. However, this opinion has been met with complete rejection by all important halachic authorities. There is an enormous literature by contemporary scholars concerning the halachic status of Arabs in Israel<ref>The interested reader should consult in particular the Israeli journals, Ha-Torah ve-ha-Medinah, Shanah be-Shanah, and Tehumin, where many important articles can be found.</ref>
==Remnants of a Jewish-Islamic relationship==
[[Image:Noahide Islam.jpg|right]]
There are some indications that the early Jewish-Islamic relationship was based in some part of a Noahide relationship. It appears that the early Muslims looked to the Jews for approval and authority, "to settle doubts and disputes":
Yunus 10:94
<font face="Courier New" size="+1"><div dir="rtl" lang="ar">
فَإِن كُنتَ فِي شَكٍّ مِّمَّا أَنزَلْنَا إِلَيْكَ فَاسْأَلِ الَّذِينَ يَقْرَؤُونَ الْكِتَابَ مِن قَبْلِكَ لَقَدْ جَاءكَ الْحَقُّ مِن رَّبِّكَ فَلاَ تَكُونَنَّ مِنَ الْمُمْتَرِينَ
</div></font>
:But if you are in doubt as to what We have revealed to you, ask those [the Jews] who read the Scriptures before you [the Muslims]. Certainly the truth has come to you from your Lord, therefore you should not be of the disputers.
Yunus 10Al-Baqara 2:94 But if you are 136<font face="Courier New" size="+1"><div dir="rtl" lang="ar">قُولُواْ آمَنَّا بِاللّهِ وَمَآ أُنزِلَ إِلَيْنَا وَمَا أُنزِلَ إِلَى إِبْرَاهِيمَ وَإِسْمَاعِيلَ وَإِسْحَقَ وَيَعْقُوبَ وَالأسْبَاطِ وَمَا أُوتِيَ مُوسَى وَعِيسَى وَمَا أُوتِيَ النَّبِيُّونَ مِن رَّبِّهِمْ لاَ نُفَرِّقُ بَيْنَ أَحَدٍ مِّنْهُمْ وَنَحْنُ لَهُ مُسْلِمُونَ</div></font>:Say, We believe in God, and in that which has been sent down unto us, and and in that which was sent down unto Abraham and Ishmael, and Isaac and Jacob, and the Tribes; and in that which was delivered unto Moses and Jesus, and in doubt as that which was delivered to what the Prophets from the Lord. We have revealed make no distinction between any of them; and to you, ask those [Him we are resigned. Al-Ankaboot 29:46<font face="Courier New" size="+1"><div dir="rtl" lang="ar">وَلَا تُجَادِلُوا أَهْلَ الْكِتَابِ إِلَّا بِالَّتِي هِيَ أَحْسَنُ إِلَّا الَّذِينَ ظَلَمُوا مِنْهُمْ وَقُولُوا آمَنَّا بِالَّذِي أُنزِلَ إِلَيْنَا وَأُنزِلَ إِلَيْكُمْ وَإِلَهُنَا وَإِلَهُكُمْ وَاحِدٌ وَنَحْنُ لَهُ مُسْلِمُونَ</div></font>:Dispute not with the Jews] who read People of the Scriptures before you [Book, but in the Muslims]. Certainly the truth mildest way, excepting such as behave injuriously; and say, We believe in that which has been revealed unto us, and in that which has come to been revealed unto you from ; our God and your LordGod is One, therefore you should not be of the disputersand to Him we are resigned.
Another exampleSunan Abu Dawud, Book 38 (Kitab al Hudud, ie. Prescribed Punishments), Number 4434:
Sunan Abu Dawud, Book 38 (Kitab al Hudud, ie. Prescribed Punishments), Number 4434: Narrated Abdullah Ibn Umar: A group of Jews came and invited the Apostle of Allah (peace_be_upon_him) to Quff. So he visited them in their school. They said: Abu Qasim, one of our men has committed fornication with a woman; so pronounce judgment upon them. They placed a cushion for the Apostle of Allah (peace_be_upon_him) who sat on it and said: Bring the Torah. It was then brought. He then withdrew the cushion from beneath him and placed the Torah on it saying: I believed in thee and in Him Who revealed thee. He then said: Bring me one who is learned among you. Then a young Rabbi rabbi<ref>Islamic tradition says the young rabbi was Abdallah ibn Saba. Modern historiographic research identifies this rabbi as Heman ibn Shallum, the 38th Jewish Exilarch (de jure), who was a youth at the time. Heman ibn Shallum was deposed in 642CE in by Caliph 'Umar in favor of Bostanai.</ref> was brought..."
==Islam as a Noahide Faith?==
Some have speculated Prophet Noah (pbuh) is clearly seen as a lawgiver in the Qur'an. It is taught that what the [[Mesani]] refer Almighty Lord reveals to the Seven Laws of Prophet Noah, but this is impossible (pbuh) He also revealed to prove.the other Prophets and the Prophet of Islam (pbuh):
15* Surat Ash-Shura 42.87 And 13, "He has laid down the same religion for you as He enjoined on Noah: that which We have bestowed upon thee revealed to you and which We enjoined on Abraham, Moses and Jesus: 'Establish the Seven Oft-repeated (verses) religion and do not make divisions in it.' What you call the Grand Qur'anassociators to follow is very hard for them. Allah chooses for Himself anyone He wills and guides to Himself those who turn to Him."
17* Surat Nooh 71:22 — Prohibition of Idolatry #1, "We sent Noah to his People: 'Do thou warn thy People before there comes to them a grievous Penalty.'"
17Some have suggested that the seven [[Mesani]] refer to the Seven Laws of Noah:23 — Prohibition of Blasphemy #2
17:32 — Prohibition of Sexual Immorality #4* Surat Al-Hijr 15.87 "And We have bestowed upon thee the Seven Oft-repeated (verses) and the Grand Qur'an."
17:33 — Prohibition * Surat Az-Zumar 39.23 "Allah has revealed the most beautiful Message in the form of Homicide #3a Book, consistent with the Oft-repeated (verses)."
Surat Al-Isra'# 17:22 Take not with Allah another object of worship; or thou (O man!) wilt sit in disgrace and destitution. <br>'''— Prohibition of Idolatry #1'''# 17:23 Thy Lord hath decreed that ye worship none but Him, and that ye be kind to parents. Whether one or both of them attain old age in thy life, say not to them a word of contempt, nor repel them, but address them in terms of honour. <br>'''— Prohibition of Blasphemy #2'''# 17:32 Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils). <br>'''— Prohibition of Sexual Immorality #4'''# 17:33 Nor take life - which Allah has made sacred - except for just cause. And if anyone is slain wrongfully, we have given his heir authority (to demand qisas or to forgive): but let him not exceed bounds in the matter of taking life; for he is helped (by the Law). <br>'''— Prohibition of Homicide #3'''# 17:34 Come not nigh to the orphan's property except to improve it, until he attains the age of full strength; and fulfil (every) engagement, for (every) engagement will be enquired into (on the Day of Reckoning). <br>'''— Prohibition of Theft #5'''# 17:35 Give full measure when ye measure, and weigh with a balance that is straight: that is the most fitting and the most advantageous in the final determination. <br>'''— Imperative of Legal System #7'''# 17:36 And pursue not that of which thou hast no knowledge; for every act of hearing, or of seeing or of (feeling in) the heart will be enquired into (on the Day of Reckoning). <br>'''— Prohibition of Limb of a Living Creature #6''' (see Surat al-Ma’ida 3, Surat al-Baqara 173 for direct prohibition. The prohibition of blood mentioned in 2:173; 5:3)
17:35 — Imperative of Legal System #7 17:36 — Prohibition of Limb of a Living Creature #6??? (although prohibition of blood specifically mentioned by Concerning the term "Muslim" which means "submission", it should be noted that in the Torah, everywhere the 2:173; 5:3) 39word "Kenite" used, it is translated to Aramaic as Salamai or Muslamai.23 Allah has revealed Some suggest this refers to the great numbers of non-Jewish believers who came to sacrifice the most beautiful Message Qurban Shlamim in Jerusalem together with the form of Jews. Salamai, Musalamai, Muslims. This could be a Bookclear indication in our literature that Islam is an ancient religion, dating back to second temple times, at least. And if Islam's roots are the same as what we call ''Bnei Noah'', consistent with then it is much older, it is the Oft-repeated (verses). 71:1 We sent religion of Noah to his People: "Do thou warn thy People before there comes to them a grievous Penalty, and Adam himself."
==Sheich Palazzi's Speech at the Conference on Noahide Council==
==Bibliography==
* Abraham Geiger (1810–1874), "Was hat Mohammed aus dem Judenthume aufgenommen?" (1833).
* Reinhart Dozy (1820–1883) "Die Israeliten zu Mecca" (1864)
* Rabbi Abraham I. Katsh's "Judaism and the Koran" (1962)
* Judaism: A Quarterly Journal of Jewish Life and Thought, 6/22/1993, Author: Shapiro, Marc B.
* Moshe Perlmann, "The Medieval Polemics Between Islam and Judaism," in S.D. Goitein, ed., Religion in a Religious Age (Cambridge, Mass., 1974), pp. 121-122, 126. and
* Ronald Kiener, "The Image of Islam in the Zohar," Mehkerei Yerushalayim be-Mahshevet Yisrael 9 (1989): 43-65 (English section)
* Abraham Schreiber, "Yahas Hachmei Yisrael le-Istam," in Itamar Warhaftig, ed., Minhah le-Ish (Jerusalem, 1991), pp. 276-292.
* Regarding [[Karaite Jewish]] attitudes, see Haggai Ben-shammai, "The Attitude of Some Early [[Karaite Jews|Karaites ]] Towards Islam," in [[Isadore Twersky]], ed., Studies in Medieval Jewish History and Literature (Cambridge, Mass., 1984), Vol. 2, pp. 1-40.
* Regarding Islamic influence on Jewish practice, Naphtali Wieder, Hashpa'ot Islamiyyot al ha-Pulhan ha-Yehudi (Oxford, 1947).
==See Also==
* [[Islam]]
* [[Noahide Law in the Qur'an]]
* [[Jewish Sources Halakhah of Shammai in the Qur'an]]
==References==
<references />
 
[[Category:Islamic_Religion]]
[[Category:Noahide Islamic Religion]]

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