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==

Warning: Cannot modify header information - headers already sent by (output started at /home/bpilant613/public_html/w/extensions/MobileFrontend/includes/diff/InlineDiffFormatter.php:103) in /home/bpilant613/public_html/w/includes/WebResponse.php on line 42

Warning: Cannot modify header information - headers already sent by (output started at /home/bpilant613/public_html/w/extensions/MobileFrontend/includes/diff/InlineDiffFormatter.php:103) in /home/bpilant613/public_html/w/includes/WebResponse.php on line 42

Warning: Cannot modify header information - headers already sent by (output started at /home/bpilant613/public_html/w/extensions/MobileFrontend/includes/diff/InlineDiffFormatter.php:103) in /home/bpilant613/public_html/w/includes/WebResponse.php on line 42

Warning: Cannot modify header information - headers already sent by (output started at /home/bpilant613/public_html/w/extensions/MobileFrontend/includes/diff/InlineDiffFormatter.php:103) in /home/bpilant613/public_html/w/includes/WebResponse.php on line 42
Changes - Wikinoah English

Changes

Jump to: navigation, search

Islam and Noahide Law

No change in size, 15:47, 13 March 2007
Selling land to a Muslim

Navigation menu


Warning: Cannot modify header information - headers already sent by (output started at /home/bpilant613/public_html/w/extensions/MobileFrontend/includes/diff/InlineDiffFormatter.php:103) in /home/bpilant613/public_html/w/includes/WebResponse.php on line 42

Warning: Cannot modify header information - headers already sent by (output started at /home/bpilant613/public_html/w/extensions/MobileFrontend/includes/diff/InlineDiffFormatter.php:103) in /home/bpilant613/public_html/w/includes/WebResponse.php on line 42

Warning: Cannot modify header information - headers already sent by (output started at /home/bpilant613/public_html/w/extensions/MobileFrontend/includes/diff/InlineDiffFormatter.php:103) in /home/bpilant613/public_html/w/includes/WebResponse.php on line 42