The Obligation of Jews to Seek Observance of Noahide Laws by Gentiles
Rabbi Michael J. Broyde in his "The Obligation of Jews to Seek Observance of Noachide[1] Laws by Gentiles: A Theoretical Review" writes:[1]
Maharatz Chayut in his responsa[2] seems to adopt a formulation of Maimonides ruling that makes this law a mere historical recounting of facts. He states [3] there is no obligation for any specific Jew, in any circumstance to compel observance by a Noachide. Rather Maimonides is merely explaining the jurisprudential basis for the obligation of Noachides to their seven commandments – absent Moses' re-commandment at Sinai, only Jews would have been obligated in Noachide law. The most that one could claim according to Maharatz Chayut is that perhaps Moses himself was obligated to compel observance of the Noachide laws; Jews currently are not – apparently neither in the context of a beit din nor in the context of any specific individual. Maharatz Chayut would then limit Maimonides' rule obligating Jews to establish courts and appoint judges to those Noachides who formally accept the obligations of a ger toshav (resident alien) and who live in the Jewish community and who are dependent on it for law and order "lest the world be destroyed".[4] Certainly in the diaspora there are few such communities of Noachides; although if there were, and they could not see fit to enforce the law themselves, a Jew should guide them.
Similar claims that Maimonides' rules do not create a practical legal obligation can be found in Aruch Hashulchan,[5] the writings of Rabbi Yehuda Gershuni,[6] Rabbi Shaul Yisrali [7] and Rabbi Menachem Mendel Kasher,[8] the author of Torah Shelama, all of whom assert that the opinion of Maimonides itself is to be understood as limited to yemot hamashe'ach (or perhaps less ideally, full Jewish law in Israel).
However, all of these explanations of Maimonides' ruling are difficult and the simple understanding of Maimonides is that (at the least) a person that is capable of forcing compliance, must. Indeed, while Rabbi Karo does appear to limit the application of Maimonides somewhat, he clearly understands Maimonides as requiring compulsion whenever possible, even by an individual.[9] This is similarly understood to be the opinion of Maimonides by Tzafnach Panaich, in his lengthy discussion on this topic.[10] A ruling similar to Maimonides' is found in Chinuch 192, where it states: "The rule is as follows: In all that the nations are commanded, any time they are under our jurisdiction, it is incumbent upon us to judge them when they violate the commandments." Thus this appears to apply non-Jews who are citizens of a sovereign Jewish entity run according to Jewish Law.[11]
References
- ↑ The Obligation of Jews to Seek Observance of Noahide Laws by Gentiles by Michael Broyde
- ↑ Maharatz Chayut, Responsa 2
- ↑ quoting the Rashbash, Rabbi Shlomo Ben Shimon Duran, Rashbash 543
- ↑ Maimonides Malachim 10:11
- ↑ YD 267:12-13
- ↑ Rabbi Yehuda Gershuni (Mishpatai Melucha 2d ed. pages 232-234)
- ↑ Amud Yemini 12:1:12.
- ↑ Torah Shelama 17:220
- ↑ Kesef Mishnah Mila 1:6
- ↑ Rabbi Joseph Rosen, Tzafnach Paneach, Maimonides, Milah 1:6
- ↑ ibid.
