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 halakhahalacha'' 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 halakhahhalachah==
According to Jewish Law, both Jews and non-Jews were are forbidden to worship idols, a category which also includes certain forms of polytheism. This prohibition is required as part of the [[Seven Laws ]] of Noah. Once the doctrine of the Trinity became known to the Rabbis''rabbonim'', it was generally regarded as polytheism, although with some exceptions.<ref>See Jacob Katz, Halakhah ve-Kabbalah (Jerusalem, 1986), pp. 291-310.</ref> In the last few hundred years with the Christian reformation, the emergance of non-trinitarian movements, and appearance for the first time of "Noahides" has inspired a great deal of responsa has been written in this matter. Partly this is to a closer examination of theological issues, and partly this had to do with dealing with the diversity of thought that had sprung up within Christian and former Christian groups. Under the laws of avodah zaraEarly authorities characterized Islam as idolatrous, idolaters are potentially subject to the death penalty. The general concensus of halacha was that while based on early rulings concerning Christianity and whatever information was similar to avodah zara, it was something less and never qualified for capital punishment.<ref>For a recent discussion, see Louis Jacobs, "Attitudes Toward Christianity in available concerning of the Halakhah," in Ze'ev W. Falk, ed., Gevuroth Haromah (Jerusalem, 1987), pp. xvii-xxxi. The standard treatment of Jewish attitudes towards Christianity remains Jacob Katz, Exclusiveness and Tolerance (Oxford, 1961)emerging faith.</ref>
===Midrashim===
Early authorities characterized Islam as idolatrous, based on early rulings concerning Christianity and whatever information was available concerning of the emerging faith. There was a widespread perception that an idol was to be found in the KaabaKa'aba. For example ''Midrash Lekah Tov '' regarded Mecca as the name of the 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 halakhic 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. (It should be noted that some scholars question the authenticity of this edition of Sefer ha-Eshkol.)</ref> See also ''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 Berakhah Berachah (Jerusalem, no date), Yoreh Deah 122: 1.</ref> and Shethe ''elot u-Teshuvot 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. In the ninth century, R. Zemah Gaon disagreed and ruled that a Jew was permitted to obtain benefit from wine with which a Muslim came into contact.
===Geonim===
Most of the rishonim ''geonim'' held that Islam was not idolatry, however they did bring another factor into play. Due The Talmud gives another reason to prohibit the drinking of wine, the need to prevent socialization with the Muslims non- Jews, apparently even non-idolatrous Muslims - is given by the Talmud as a further reason to forbid consumption of their wine,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., Halakhot 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 Hanokh 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 also the sources quoted by R. Joseph Messas, Mayim Hayyim (Jerusalem, 1985), Vol. 2, Yoreh Deah, no. 66, 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. See esp. p. 159: "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." 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>
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> The basis for these rulings was the concensus of halachic opinion by the Gaonim that Islam as a religion was not to be regarded as idolaty. However, since all of these Geonim were concerned with a specific halachic issue, they did not rule on any of the larger questions which deal with the relation of Judaism to Islam. Althought the The Geonic responsa in general which show great regard for Islamic civil ''shaaria'' law<ref>see H.Z. Hirschberg, "Arkhaot Archaot shel Goyim Biyemei ha-Geonim," in S.J. Zevin and Zerab Warhaftig, eds., Mazkeret (Jerusalem, 1962), pp. 493-506.</ref>
===Rishonim===
Maimonides strongly put forth the view that Muslims were not idolaters. Although, to be sure, Islam was heresy,<ref>See Hilchot Teshuvah 3:8 (uncensored version).</ref> this did not stop Maimonides from expressing a positive view about Islam - or even about Christianity, which he considered to be idolatry.<ref>Regarding Christianity, see the uncensored versions of his commentary to Mishnah Avodah Zarah 1:3 and Hilkhot Hilchot Akum 9:4.</ref> He ruled that although Islam and Christianity are both in error, they still have some value in that they prepare the world eventually to accept the true religion, namely Judaism.sovereignty of G-d<ref> Hilkhot Melakhim Hilchot Melachim 11:4 (uncensored version): All those words of Jesus of Nazareth and of this Ishmaelite [i.e., Muhammed] who arose after him are only to make straight the path for the messianic king and to prepare the whole world to serve the Lord together. As it is said: "For then I will change the speech of the peoples to a pure speech so that all of them shall call on the name of the Lord and serve him with one accord" (Zephaniah 3:9) </ref>
In Maimonides' system there was one point on which Christianity, although idolatrous, actually stood above Islam. The Talmud states that it is forbidden to teach Torah to Gentilesnon-Jews, and this interdiction is clasified as halacha by Maimonides. However, he makes an exception for Christians, because they believe in the same text of the Bible as the Jews and it is thus possible that, after having studied, they will recognize the error of their ways. For Muslims, however, because they do not accept that the five books of Moses are Divine, such a possibility is not to be considered. It is, therefore, forbidden to teach them Torah.<ref>Teshuvot ha-Rambam, ed., Joshua Blau (Jerusalem, 1989), no. 149.</ref>
However from this ruling, one can conclude nothing about the basic worth of Christianity vis-a-vis Islam. The prohibition to teach Torah to Muslims was due to the specific reason cited, and did not speak to any of the broader issues involved in evaluating their religion. In appears that it is Islam that was more favorable in Maimonides' eyes. As we have seen, according to him, both Christianity and Islam have a positive role to play in the world. However, with regard to Islam, despite certain critical comments regarding Muhammed,<ref> A.S. Halkin, ed., Moses Maimonides' Epistle to Yemen (New York, 1952), pp. 14, 36. Maimonides also refers to Muhammad as "the unfit one" (pasul), see Ibid., p. 38. See also Yehuda Shamir, "Allusions to Muhammed in Maimonides' Theory of Prophecy in his Guide," Jewish Quarterly Review 54 (1974): 212-224, and George F. Hourani, "Maimonides and Islam," in William M. Brinner and Stephen D. Ricks, eds., Studies in Islamic and Judaic Traditions (Atlanta, 1986), pp. 153-158; Netanel b. Isaiah, Maor ha-Afelah, ed., Joseph Kafah (Jerusalem, 1957), p. 121; Hayyim Vital as quoted in Saul Cohen, Lehem ha-Bikkurim [reprinted Bnei Brak, 1981], appendix, p. 14.</ref> the fact that Islam is not idolatry creates a crucial distinction between it and Christianity and leads to numerous consequences, both in law and theology. [[David Novak]] argues that this explains Malmonides' belief that Muslims, as sons of Ishmael, are required to circumcize their sons.<ref>Hilkhot Melakhim Hilchot Melachim 10:8; David Novak, "The Treatment of Islam and Muslims in the Legal Writings of Maimonides," in Brinner and Ricks, Op. cit., pp. 240ff.</ref> Maimonides rules that although a Jew may not obtain benefit from wine handled by a Christian, that is not the case with regard to a Muslim. However, Maimonides does agree with the view of the Geonim that it is still not permissible to drink this wine. According to Maimonides, this ruling was supported by "all the Geonim"<ref>Hilkhot Hilchot Ma'akhalot achalot Asurot 11:7; Teshuvot ha- Rambam, no. 269</ref> According to R. Asher of Montanzon<ref>R. Asher of Montanzon (14th century), Sefer ha-Pardes (Jerusalem, 1985), p. 6, </ref> Maimonides saw the works of "all the Geonim." The Radbaz was of the same opinion <ref>R. David ibn Zimra (1479-1573), She'elot u- Teshuvot Radbaz (New York, no date), no. 281, and Azulai, Birkei Yosef, Yoreh Deah 16:3.</ref> However, it is not clear as the the meaning of that this really means "all" as there were Geonim who do not agree with this position<ref>Cf. Tur, Yoreh Deah, 124</ref>, Nahmanides says that "some Geonim" agree with the law as codified by Maimonides.<ref>Nahmanides, Hiddushei ha-Ramban to Avodah Zarah, ed., M. Hershler jerusalem, 1970), column 237</ref> and, as we have already noted, this stringency had nothing to do with Islam per se as a religion but was to prevent socialization with non-Jews generally.
===Ovadiyah the Proselyte===
Maimonides further explains his view regarding Islam in a letter that he wrote to a certain Ovadiyah the Proselyte, who, having previously been a Muslim, certainly knew the particulars of the religion, and had declared that it was not idolatry. Because of his opinion, he was repremanded by his teacher, who claimed that the Islamic religious service at Mecca was idolatrous in that it involved the ritual of throwing stones which constituted worship of ''Merkulius.'' The identification of Islamic worship at Mecca with an idolatrous cult of ''Merkulius '' was very common in the Middle Ages, see R. Asher ben Yehiel.<ref>R. Asher ben Yehiel's Teshuvot [Jerusalem, 1981], 5:2</ref> Regarding this responsum, see Isaac Herzog, Pesakim u-Khetavim<ref>R. Isaac Herzog, Pesakim u-Khetavim [Jerusalem, 1990], vol. 4, no. 49</ref>. Historians have claimed, but offered no evidence, for the contention that some Jewish scholars were influenced by Christian notions that also identified the idolatrous worship of ''Merkulius '' with the Islamic worship at Mecca.<ref>See Jose Faur 's ''Iyyunim ba-Mishneh Torah le-ha-Rambam'' (Jerusalem, 1978), p. 236, note 54. This has been analyzed at great length by Bernard Septimus, see bibliography</ref>
However Maimonides' supported Ovadiyah over his teacher.
:The Ishmaelites are not at all idolaters; [idolatry] has long been severed from their mouths and hearts; and they attribute to God G-d a proper unity, a unity concerning which there is no doubt. And because they lie about us, and falsely attribute to us the statement that God G-d has a son, is no reason for us to lie about them and say that they are idolaters . . . And should anyone say that the house that they honor [the Kaaba] is a house of idolatry and an idol is hidden within it, which their ancestors used to worship, then what of it? The hearts of those who bow down toward it today are [directed] only toward Heaven . . . [Regarding] the Ishmaelites today - idolatry has been severed from the mouths of all of them [including] women and children. Their error and foolishness is in other things which cannot be put into writing because of the renegades and wicked among Israel [i.e., apostates]. But as regards the unity of God G-d they have no error at all.
R. Hayyim Benveniste,<ref>Dina de-Hayya (Constantinople, 1742), Vol. 1, pp. 51a- 51b</ref> points out that Maimonides' view of Islam explains why he was able to act as a physician in Egypt. Had Islam been idolatrous, he would not have been permitted to do so, since he codifies that "it is forbidden to give medical aid to an idolater even for hire"<ref> (Hilkhot Hilchot Akum 10:2).</ref>
===Islamic practice no longer idolatrous===
===Muslim as Ger Toshav===
If Muslims are not idolators, then why are they not [[Ger Toshav]]? Maimonides opinion was of the opinion that a Muslim cannot be a [[Ger Toshav]],<ref>Hilkhot Melakhim Hilchot Melachim 8:11.</ref> Because because it is forbidden for a Gentile non-Jews to follow the dictates of Islamcreate a religion. He rules according to the view that any non-Jewish religious system is illicit and the only alternatives for non-Jews are conversion or observance of the Seven Laws of Noah which, . This ruling by Maimonides is understood by definition, many commentators to exclude any other religious systemby definition.<ref>Hilkhot Melakhim Hilchot Melachim 10:9 (and see the analysis of R. Zvi Hirsch Chajes, Kol Sifrei Maharatz Chajes [Jerusalem, 1958], Vol. 2, p. 1036). This crucial point was overlooked by Novak, Op. cit., pp. 233ff. It is true that Chajes expresses a much more tolerant viewpoint in Op. cit., Vol. 1, pp. 483-491; however, this section was written in response to the 1840 Damascus Affair, and its apologetic nature does not appear to reflect Chajes' true opinion.</ref>
Although almost all ''achronim '' agree with Maimonides that Islam is not idolatry, most disagree that any non-Jewish religious system is illicit by definition. Rather than being seen as a religion in itself, most authorities hold that the Seven Laws are foundation of a proper religion.
===Rabbi Nissim Gerondi===
In a medieval commentary attributed to the famous sage, Rabbi Nissim Gerondi (c. 1310-1375), but possibly written by another scholar, one finds R. Nissim's discussion of Christians bowing to holy objects and Muslims bowing to Muhammed. Although the comment is not entirely clear, it appears to be saying that even though the Muslims do not turn Muhammed into a G-d, one must regard their actions of bowing down to him as idolatry, thus putting them in the category of idolaters.<ref>Hiddushei ha-Ran (Jerusalem, 1958), to Sanhedrin 61b. Benveniste, Op. cit., p. 20a, says that R. Nissim's view is "a great novelty." See also P'ri Hadash, Yoreh Deah, 19:6.</ref> This is a complete reversal Maimonides' view and it is unusual that there would be no reference to Maimonides' position. In any event, we have reason to believe that R. Nissim did not hold to this view, and we are in possession of a responsum of his in which he declares unambiguously that Islam is not a form of idolatry.<ref>She'elot u-Teshuvot R. Nissim ben Gerondi, p. 45. R. Nissim repeats this view in his commentary to Alfasi, Avodah Zarah, p. 26b in the Alfasi pages.</ref> Although some scholars have attempted to reconcile these two views, for example R. Eliezer Waldenberg.<ref>R. Eliezer Waldenberg, Ziz Eliezer (Jerusalem, 1990), vol. 18, no. 47</ref>
 
===Halachic Rulings===
 
====Benefiting From or Drinking Wine handled by Muslims====
In a medieval commentary attributed to the famous sage, Rabbi Nissim Gerondi (c. 1310-1375), but possibly written by another scholar, one finds R. Nissim's discussion of Christians bowing to holy objects and Muslims bowing to Muhammed. Although the comment is not entirely clear, it appears to be saying that even though the Muslims do not turn Muhammed into a God, one must regard their actions of bowing down to him as idolatry, thus putting them in the category of idolaters.<ref>Hiddushei ha-Ran (Jerusalem, 1958), to Sanhedrin 61b. Benveniste, Op. cit., p. 20a, says that R. Nissim's view is "a great novelty." See also P'ri Hadash, Yoreh Deah, 19:6.</ref> This is a complete reversal Maimonides' view and it is unusual that there is no reference to Maimonides. In any event, we have reason to beleive that R. Nissim did not hold to this view, and we are in possession of a responsum of his in which he declares unambiguously that Islam is not a form of idolatry.<ref>She'elot u-Teshuvot R. Nissim ben Gerondi, p. 45. R. Nissim repeats this view in his commentary to Alfasi, Avodah Zarah, p. 26b in the Alfasi pages.</ref> Although some scholars have attempted to reconcile these two views, for exemple R. Eliezer Waldenberg.<ref>R. Eliezer Waldenberg, Ziz Eliezer (Jerusalem, 1990), vol. 18, noquestion has been dealt with above. 47</ref>
====The [[Hajj and ]], Facing Meccaand Shechitah====
As late as the fifteenth century, we find that R. Simeon ben Zemah Duran still 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 R. Nissim and of the ''Tashbez. 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 unadulterated Islam, stripped of any pagan remnants. The Tashbez ') ruled that the religion Islam itself was not idolatrous.<ref>She'elot u-Teshuvot Tashbez, vol. 2, no. 48.</ref> although but he also 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 because he regarded the practice Muslim pilgrimage to Mecca as distasteful, would not prohibitbeing of an idolatrous nature.<ref>She'elot Keshet u-Teshuvot Rashba Magen (Bnei BrakJerusalem, 19841970), volp. 1, no. 34519b. </ref> This Of course, there is a difference between the view was supported by of the ''Tashbez'' and R. David ibn Zimra,<ref>SheNissim quoted above. Where the ''Tashbez''elot uwas concerned with the remnants of the pre-Teshuvot RadbazIslamic period, noR. 162. He also adds an economic argument Nissim's objection appears to be directed at what he considered to buttress his casebe pure Islam, not including any pre-Islamic pagan remnants.</ref> and it was also codified in the Shulhan Aruch.<ref>Yoreh Deah 4:7. </ref>
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 ruled as final halachah in the Shulhan Aruch.<ref>Yoreh Deah 4:7.</ref> However, none of these authorities was aware that quote a responsum, attributed to by Maimonides, which agreed with Duranthe ''Tashbez'''s 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 ObadiahOvadiyah. 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> In our own century, R. Abraham Isaac Kook had to consider a situation that went one step further, in that the Muslims also insisted that the Jewish shohet acknowledge Allah by proclaiming "Allahu akbar" when he slaughtered. Not able to point to any explicit prohibition in this matter, Kook 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>
Rabbi Yisrael MeShklov , one of the leading disciples of the Vilna Gaon, in his addendum to the Shulchan Aruch called ''Mappat HaShulchan'' rules 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 a ''shochet'' may it is permissible to repeat a blessing to Allah while performing ''schitathe formula.<ref>Da'at Kohen [Jerusalem, 1985], no. 10. Regarding this practice, see also P'ri Hadash, Yoreh Deah, 19:6.</ref>
====A Jew entering a Mosque====
What about a Jew entering a mosque? According to the halachah, a Jew is forbidden to enter a house of idolatry and, therefore, almost all halachic authorities forbid one from entering a church. Since Islam is not idolatrous, there should be no problem for a Jew to enter a mosque and, although no early halachists seem to discuss this question, the prevailing opinion of recent halachic authorities is to be lenient.<ref>See, e.g., R. Hayyim David Halevi, Aseh Lecha Rav (Tel Aviv, 1989), vol. 9, no. 13; and R. Israel Pesah Feinhandler, Avnei Yoshpeh (Jerusalem, 1989), no. 153.</ref> Similarly, one nineteenth century Ashkenazic authority permitted the conversion of a mosque to a synagogue without the "nullification" of idolatry that is required when converting a church into a synagogue,<ref>R. Isaac Elhanan Spektor, Ein Yizhak (Vilna, 1889), Orah Hayyim, no. 11.</ref> while another authority even permitted a Jew to assist in the building of a mosque.<ref>R. Eliezer Isaac of Volozhin, Hut ha-Meshulash (New York, 1965), no. 28. </ref> Nevertheless, a leading contemporary authority, basing himself on the previously cited view attributed to "R. Nissim," forbids visiting a mosque,<ref>Waidenberg, Ziz Eliezer (Jerusalem, 1985), vol. 14, no. 91.</ref> and this view is followed in a recent halachic work intended for a popular audience.<ref>Yishayah Shapiro, Zedah la-Derech (Alon Shvut, [1987?]), p. 274.</ref> Earlier in this century, one rabbi, using the previously cited views of R. Yom Tov Ishbili and R. David ibn Zimra, even went so far as to declare that, according to the halachah, all mosques in the Land of Israel had to be destroyed!<ref>R. Shemariah Menasseh Adler, Emek ha-Bacha (Kedainiai, Lithuania, 1935), Vol. 2, pp. 78-79.</ref>
====Selling land to a Muslim====
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 the 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
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فَإِن كُنتَ فِي شَكٍّ مِّمَّا أَنزَلْنَا إِلَيْكَ فَاسْأَلِ الَّذِينَ يَقْرَؤُونَ الْكِتَابَ مِن قَبْلِكَ لَقَدْ جَاءكَ الْحَقُّ مِن رَّبِّكَ فَلاَ تَكُونَنَّ مِنَ الْمُمْتَرِينَ
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: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.
 
Al-Baqara 2:136
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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
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: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 that which was delivered to the Prophets from the Lord. We make no distinction between any of them; and to Him we are resigned.
Yunus 10Al-Ankaboot 29:94 But if you are 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 People of the Book, but in doubt the mildest way, excepting such as to what behave injuriously; and say, We have believe in that which has been revealed to youunto us, ask those [the Jews] who read the Scriptures before you [the Muslims]. Certainly the truth 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. 15.87 And We have bestowed upon thee the Seven Oft-repeated other Prophets and the Prophet of Islam (versespbuh) and the Grand Qur'an. 17:22 — Prohibition of Idolatry #1
17* Surat Ash-Shura 42.13, "He has laid down the same religion for you as He enjoined on Noah:23 — Prohibition of Blasphemy #2that which We have revealed to you and which We enjoined on Abraham, Moses and Jesus: 'Establish the religion and do not make divisions in it.' What you call the associators 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 71:32 — Prohibition of Sexual Immorality #41, "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:33 — Prohibition of Homicide #3
17:34 — Prohibition of Theft #5* Surat Al-Hijr 15.87 "And We have bestowed upon thee the Seven Oft-repeated (verses) and the Grand Qur'an."
17:35 — Imperative * Surat Az-Zumar 39.23 "Allah has revealed the most beautiful Message in the form of Legal System #7a 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??? ''' (although see Surat al-Ma’ida 3, Surat al-Baqara 173 for direct prohibition. The prohibition of blood specifically mentioned by the in 2:173; 5:3)
39Concerning the term "Muslim" which means "submission", it should be noted that in the Torah, everywhere the word "Kenite" used, it is translated to Aramaic as Salamai or Muslamai.23 Allah has revealed Some suggest this refers to the most beautiful Message great numbers of non-Jewish believers who came to sacrifice the 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, consistent with dating back to second temple times, at least. And if Islam's roots are the same as what we call ''Bnei Noah'', then it is much older, it is the Oft-repeated (verses)religion of Noah, and Adam himself.
71:1 We sent Noah to his People: "Do thou warn thy People before there comes to them a grievous Penalty." ==Sheikh Sheich Palazzi's Speech at the Conference on Noahide Council==
Earlier in the day, several speakers addressed issues surrounding the B'nai Noah movement as part of a conference on the establishment of the B'nai Noah Council.
Sheikh Sheich Abdul Hadi Palazzi, a leader of the Italian Muslim Assembly, addressed the assembly, speaking about B'nai Noah in Islam: "Islamic law holds within it the seven laws of Noah and can be taught correctly to the Muslims of the world... I remember reading that a new Sanhedrin was created in Jerusalem [and] my impression was very positive - I thought maybe something new had been created to allow the Jewish people to project moral and legal clarity to counterbalance the lack of it in our world."
Palazzi added that the project of creating a council of Noahide teachers would hopefully counter the negative educational effect of the Gaza withdrawal, "which taught the opposite to my people - it convinced many that only terrorism works."
==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
* M. Steinschneider, Polemische und apologetische Literatur in arabischer Sprache, zwischen Muslimen, Christen und Juden (Leipzig, 1877).
* Ronald Kiener, "The Image of Islam in the Zohar," Mehkerei Yerushalayim be-Mahshevet Yisrael 9 (1989): 43-65 (English section)
* Abraham Schreiber, "Yahas Hakhmei 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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