Although almost all achronim agree with Maimonides that Islam is not idolatry, most disagree that any non-Jewish religious system is illicit by definition.
===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 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, no. 47</ref> ==The Hajj and Facing Mecca== 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 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,<ref>She'elot u-Teshuvot Radbaz, no. 162. He also adds an economic argument to buttress his case.</ref> and it was also codified in the Shulhan Aruch.<ref>Yoreh Deah 4:7. </ref> However, none of these authorities was aware that a responsum, attributed to Maimonides, agreed with Duran'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 Obadiah. 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> ===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 he is subservient to the Jewish population,<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 late Rabbi Meir Kahane often made this point with regard to Arabs in Israeli,<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> 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 from the rank of ''[[Ger Toshav]]''. This might be a step towards some halachic views that Arabs 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> However, whether this will lead towards any halachic rulings by respected scholars that the Arab population as a whole should be deported now seems doubtful.<ref>R. Ben Zion Krieger asserts that Israel is obligated to expel the Arab population. However, this opinion has been met with complete rejection by all important halachic authorities. Krieger's view is found in Krieger and Uri Dasberg, eds., Benei Yisrael u-Benei Noah (Elkanah, 1988), p. 73. There is an enormous literature by contemporary scholars concerning the halachic status of Arabs in Israel, and a comprehensive bibliography remains a desideratum. 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 Jewish-Islamic relationship==
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