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 Morality -
The Seven Laws of the Children of Noah
by Chaim Clorfene and
Yakov Rogalsky |
Applicability of
the Seven Laws, permission to observe other laws of the Torah,
permission and prohibition to learn Torah; proper intention concerning
performance of Seven Laws; honoring parents; charity; interbreeding
animals; grafting plants; circumcision; creating religions or new
religious ritual observance; having children; burial . . .
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Encyclopedia Judaica, 1972
NOAHIDE LAWS, the seven laws
considered by Jewish rabbinic tradition as the minimal moral duties enjoined
by the Bible on all men. Jews are obligated to observe the whole Torah,
while every non-Jew is a "son of the covenant of Noah" (see Gen. 9),
and he who accepts its obligations is a ger-toshav
("resident-stranger" or even "semi-convert". Maimonides equates the
"righteous man (hasid) of the
[gentile] nations" who has a share in the world to come even without
becoming a Jew with the gentile who keeps these laws. Such a man is entitled
to full material support from the Jewish community and to the highest
earthly honors. The seven Noachide laws as traditionally enumerated are: (1)
the prohibitions of idolatry, (2) blasphemy, (3) bloodshed, (4) sexual sins,
(5) theft, (6) eating from a living animal, as well as (7) the injunction to
establish a legal system. Except for the last, all are negative, and the
last itself is usually interpreted as commanding the enforcement of the
others. They are derived exegetically from divine demands addressed to Adam
(Gen. 2:16) and Noah (see Gen. R. 34, i.e., the progenitors of all
mankind, and are thus regarded as universal. The prohibition of idolatry
provides that, to ensure social stability and personal salvation, the
non-Jew does not have to "know God" but must abjure false gods. This law
refers only to actual idolatrous acts, and not to theoretical principles
and, unlike Jews, Noachides are not required to suffer martyrdom rather than
break this law. They are, however, required to choose martyrdom rather than
shed human blood. In view of the strict monotheism of Islam, Muslims were
considered as Noachides, whereas the status of Christians was a matter of
debate. Since the later Middle Ages, however, Christianity too has come to
be regarded as Noachide, on the ground that shittuf ("associationism"
— this was the Jewish inter-pretation of Trinitarianism) is not forbidden to
non-Jews. Under the prohibitions of blasphemy, murder, and theft Noachides
are subject to greater legal restrictions than Jews because non-Jewish
society is held to be more prone to these sins. The prohibition of theft
covers many types of acts, e.g., military conquest and dishonesty in
economic life. A number of other Noachide prescriptions are listed in the
sources (see Sanh. 57b; Mid. Ps. 21; Yad, Melakhim, 10:6), e.g.,
prohibitions of sorcery, castration, mixed seeds, blemished sacrifices,
injunctions to practice charity, procreate, and to honor the Torah. These
are best understood as subheadings of "the seven laws." Noachides may also
freely choose to practice certain other Jewish commandments. Jews are
obligated to try to establish the Noachide Code wherever they can.
Maimonides held that Noachides must not only accept "the seven laws" on
their own merit, but they must accept them as divinely revealed. This
follows from the thesis that all ethics are not ultimately "natural," but
require a theological framework. Noachide covenant plays an important part
in both Jewish history and historiography. Modern Jewish thinkers like Moses
Mendelssohn and Hermann Cohen emphasized the Noachide conception as the
common rational, ethical ground of Israel and mankind, and see Noah as the
symbol of the unity and perpetuity of mankind. Views differ as to whether
the ultimate stage of humanity will comprise both Judaism and Noachidism, or
whether Noachidism is only the penultimate level before the universalization
of all of the Torah. AimM PalliIre,
at the suggestion of his teacher Rabbi E. Benamozegh, adopted the Noachide
Laws and never formally converted to Judaism.
In Jewish Law
While in the amoraic period the
above-mentioned list of seven precepts is clearly accepted as the framework
of the Noachide Laws, a variety of tannaitic sources indicate lack of
complete agreement as to the number of such laws, as well as to the specific
norms to be included. The Tosefta records four possible
additional prohibitions against
(1) drinking the
blood of a living animal;
(2) emasculation;
(3) sorcery; and
(4) all magical
practices listed in Deuteronomy 18:10–11.
The Talmud records a position which
would add prohibitions against crossbreeding of animals of different
species, and grafting trees of different kinds. Nonrabbinic sources of the
tannaitic period indicate even greater divergence. The Book of Jubilees
(7:20ff.) records a substantially different list of six commandments given
by Noah to his sons:
(1) to observe
righteousness
(2) to cover the
shame of their flesh;
(3) to bless their
creator;
(4) to honor
parents;
(5) to love their
neighbor; and
(6) to guard
against fornication, uncleanness, and all iniquity.
Acts (15:20) refers to four commandments
addressed to non-Jews, "... that they abstain from pollutions of idols, from
fornication, from things strangled, and from blood." This latter list is the
only one that bears any systematic relationship to the set of religious laws
which the Pentateuch makes obligatory upon resident aliens (the ger
ha-gar and ezrah).
NATURE AND PURPOSE
There are indications that even during the
talmudic period itself there was divergence of opinion as to whether the
Noachide Laws constituted a form-ulation of natural law or were intended
solely to govern the behavior of the non-Jewish resident living under Jewish
jurisdiction. The natural law position is expressed most clearly by the
assertion, as to five of the seven laws, that they would have been made
mandatory even had they not been revealed. Similarly, the rabbinic
insistence that six of the seven Noachide Laws were actually revealed to
Adam partakes of a clearly universalistic thrust (Gen. R. 16:6, 24:5). The
seventh law, against the eating of flesh torn from a living animal, could
have been revealed at the earliest to Noah, since prior to the flood the
eating of flesh was prohibited altogether. The very fact that these laws
were denominated as the "seven laws of the sons of Noah" constitutes further
indication of this trend since the term "sons of Noah" is, in rabbinic
usage, a technical term including all human beings except those whom Jewish
law defines as being Jews. Nor was there a lack of technical terminology
available specifically to describe the resident alien. On the other hand,
the entire context of the talmudic discussion of the Noachide Laws is that
of actual enforcement by rabbinic courts. To that end, not only is the
punishment for each crime enumerated, but standards of procedure and
evidence are discussed as well. This presumption of the jurisdiction of
Jewish courts is most compre-hensible if the laws themselves are intended to
apply to non-Jews resident in areas of Jewish sovereignty. Of a similar
nature is the position of Yose that the parameters of the proscription
against magical practices by Noachides is the verse in Deuteronomy (18:10)
which begins, "There shall not be found among you...". The attempt of
Finkelstein (op. cit.) to date the formulation of the seven Noachide
commandments during the Hasmonean era would also suggest a rabbinic concern
with the actual legal status of the non-Jew in a sovereign Jewish state. It
might even be the case that the substitution by the tanna of
the school of Manasseh of emasculation and forbidden mixtures of plants for
the establishment of a judicial system and blasphemy itself reflects a
concern with the regulation of the life of the resident alien already under
the jurisdiction of Jewish courts. Of course, the seven commandments
themselves are subject to either interpretation; e.g., the establishment of
courts of justice can mean either an independent non-Jewish judiciary and
legal system or can simply bring the non-Jew under the rubric of Jewish
civil law and its judicial system.
THE BASIS OF AUTHORITY
A question related to the above is that of
the basis of authority of these laws over the non-Jew. Talmudic texts seem
constantly to alternate between two terms, reflecting contradictory
assumptions as to the basis of authority, namely seven precepts "which were
commanded" (she-niztavvu) to the
Noachides, and seven precepts "which the Noachides accepted upon
themselves". This disparity between authority based on revelation as opposed
to consent reaches a climax when Maimonides asserts that the only proper
basis for acceptance of the Noachide laws by a non-Jew is divine authority
and revelation to Moses, and that "... if he observed them due to
intellectual conviction [i.e., consent] such a one is not a resident alien,
nor of the righteous of the nations of the world, nor of their wise men";
the possibility that the final "ve-lo" ("nor") is a scribal error for
"ella" ("but rather") while very appealing, is not borne out by any
manuscript evidence). Of course, this same conflict between revelation and
consent as basis of authority appears with regard to the binding authority
of Torah over the Jew, in the form of "we will do and obey" (Ex. 24:7) as
opposed to "He (God) suspended the mountain upon them like a cask, and said
to them, 'If ye accept the Torah, 'tis well; if not, there shall be your
burial'".
NOACHIDE LAWS AND PRE-SINAITIC LAWS
The amoraim, having received
a clear tradition of seven Noachide Laws, had difficulty in explaining why
other pre-Sinaitic laws were not included, such as procreation,
circumcision, and the law of the sinew. They propounded two somewhat
strained principles to explain the anomalies. The absence of circumcision
and the sinew is explained through the assertion that any pre-Sinaitic law
which was not repeated at Sinai was thenceforth applicable solely to
Israelites, whence procreation, while indeed obligatory on non-Jews
according to Johanan would nevertheless not to be listed.
LIABILITY FOR VIOLATION OF THE LAWS
While committed to the principle that
"There is nothing permitted to an Israelite yet forbidden to a heathen", the
seven Noachide Laws were not as extensive as the parallel prohibitions
applicable to Jews, and there are indeed situations in which a non-Jew would
be liable for committing an act for which a Jew would not be liable. As to
the latter point, as a general rule, the Noachide is criminally liable for
violation of any of his seven laws even though technical definitional
limitations would prevent liability by a Jew performing the same act. Thus a
non-Jew is liable for blasphemy—even if only with one of the divine
attributes; murder—even of a foetus; robbery—even of less than a perutah;
and the eating of flesh torn from a living animal—even of a quantity less
than the size of an olive. In all these cases a Jew would not be liable. One
additional element of greater severity is that violation of any one of the
seven laws subjects the Noachide to capital punishment by decapitation.
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1. With respect to God's commandments, all of
humanity is divided into two general classifications: the Children of
Israel and the Children of Noah.
2. The Children of Israel are the Jews, the
descendants of the Patriarch Jacob. They are commanded to fulfill the
613 Commandments of the Torah.
3. The Children of Noah comprise the seventy
original nations of the world and their branches. They are commanded
concerning the Seven Universal Laws, also known as the Seven Laws of
the Children of Noah or the Seven Noahide Laws.
These Seven Universal Laws pertain to idolatry, blasphemy, murder,
theft, sexual relations, eating the limb of a living animal, and
establishing courts of law.
4. All Seven Universal Laws are prohibitions. Do
not wonder at this. Negative commandments are of a higher order than
positive commandments, and their fulfillment, which takes more effort
than positive commandments, earns a greater reward.
5. Men and women are equal in their responsibility
to observe the seven commandments.
6. It is a matter of dispute as to when a person
becomes responsible for his or her actions under these laws. One
opinion holds that it depends on the intellectual development of the
individual.
According to this opinion, as soon as a child has attained the
maturity to understand the meaning and significance of the Seven
Universal Laws, he is obligated to the fullest extent of the law. The
other opinion is that a boy reaches the age of legal responsibility at
his thirteenth birthday and a girl at her twelfth birthday.
7. The Children of Noah are permanently warned
concerning the Seven Universal Laws. This means that ignorance of the
law is not a valid defense. One cannot claim, for example, that he did
not know that idolatry was one of the seven commandments. Nor can he
claim that he did not know that bowing down to an idol constitutes
idolatry. (He can, however, claim that he did not know that
such‑and‑such was an idol, for this is not ignorance of the law.)
Therefore, one is duty bound to study the Seven Universal Laws to the
best of one's ability and to teach the knowledge of them to one's
children.
8. When one of the Children of Noah resolves to
fulfill the Seven Universal Commandments, his or her soul is elevated.
This person becomes one of the Chasidei Umot ha‑Olam, the Pious
Ones of the Nations, and receives a share of the Eternal World.
The Holy Scriptures call one who accepts the yoke of fulfilling the
Seven Universal Laws a ger toshav, a proselyte of the gate.
This person is permitted to live in the Land of Israel and to enter
the Holy Temple in Jerusalem and to offer sacrifices to the God of
Israel.
9. Although the Children of Noah are commanded only
concerning the Seven Universal Commandments, they are permitted to
observe any of the 613 Commandments of the Torah for the sake of
receiving divine reward.
The exceptions to this are:
a. Observing the Sabbath in the manner of the
Jews (resting from the actions that were needed for the building of
the Tabernacle during the Exodus from Egypt)
b. Observing the Jewish holy days in the manner
of the Jews (resting in a similar manner to the Sabbath)
c. Studying those parts of the Torah that do not
apply to the Noahides’ service of God
d. Writing a Torah scroll (the Five Books of
Moses) or receiving an aliyah to the Torah (reading a portion
of the Torah at a public gathering)
e. Making, writing, or wearing tefilin,
the phylacteries worn during prayer that contain portions of the Torah
f. Writing or affixing a mezuzah, the
parchment containing portions of the Torah, to one's doorposts or
gateposts
(Note: A prime purpose of the Seven Universal Laws
is to teach the Children of Noah about the Oneness of God, and
therefore those parts of Torah that pertain to this knowledge are
permissible for him to study. This includes the entirety of the
twenty‑four books of the Hebrew Scriptures. Also, the study of any
part of the Torah that brings one to greater knowledge concerning the
performance of the Seven Noahide Commandments is permissible. But
Talmudic or Halakhic study of subjects that pertain exclusively to the
Jew's service of God is forbidden. The Noahide who studies portions of
the Torah that do not pertain to him damages his soul.)
10. If a Noahide is striving in the learning of
Torah or keeping the Sabbath in the manner of Jews or reveals new
aspects of Torah, he may be physically restrained and informed that he
is liable for capital punishment, but is not put to death.
(Note: The action taken against him is only meant
to dissuade him from doing forbidden acts. If the court that is
established in consonance with the Seven Universal Laws gives the
death penalty to a Noahide, the execution is an atonement for this
person's transgression, and consequently one who transgresses and is
punished by the court can merit a portion in the World to Come.
Furthermore, the Noahide must experience reincarnation to be able to
atone for transgressions he had done.)
11. The responsibility of The Seven Noahide Laws is
a yoke of faith in God. This means that the laws must be observed
solely because God commanded them. If the Children of Noah observe
these Seven Universal Laws for any reason or intention other than to
fulfill God's will, the performance is invalid and no divine reward is
received. This means that if one of the Children of Noah says, "These
laws seem sensible and beneficial, therefore I will observe them," his
actions accomplish nothing and he receives no reward.
12. When one of the Children of Noah engages in the
study of the Seven Universal Laws, he is able to attain a spiritual
level higher than the High Priest of the Jews, who alone has the
sanctity to enter the Holy of Holies in the Temple in Jerusalem.
13. If one of the Children of Noah wishes to accept
the full responsibility of the Torah and the 613 Commandments, he or
she can convert and become a Jew in every respect. One who elects to
do this is called a ger tzedek, a righteous proselyte.
It is a principle of Judaism, however, not to seek converts, and one
who requests conversion is generally discouraged. Should the person
persist in the desire to convert, counsel should be taken only with an
Orthodox rabbi or scholar, for conversion not in accord with
Halakha, Torah Law, is no conversion at all, and conversion
supervised and bestowed by rabbis who themselves do not follow the
laws of the Torah are null and void, neither recognized in heaven nor
by any God‑fearing Jew.
14. It is incorrect to think that since the
Children of Israel have 613 Commandments and the Children of Noah have
seven commandments, the ratio of spiritual worth is proportionally 613
to seven. The truth is that the Seven Universal Laws are general
commandments, each containing many parts and details, whereas the 613
Commandments of the Torah are specific, each relating to one basic
detail of the Divine Law. Therefore, the numerical disparity in no way
reflects the relative spiritual worth of the two systems of
commandments.
The prime difference in the service of the Israelite and that of the
Noahide is that the Noahide sees the existence of existence, that is,
he refines the world, whereas the Israelite sees the non‑existence of
existence, that is, he reveals the Godliness in the world. Of course,
refining the world reveals its inherent Godliness and revealing
Godliness automatically refines the world.
15. The statutory punishment for transgressing any
one of the Seven Laws of Noah is capital punishment.
According to some, punishment is the same whether one transgresses
with knowledge of the law or is ignorant of the law.
According to others, a transgressor of the Noahide Law who is ignorant
of the law receives the death penalty only in the case of murder.
16. If the courts cannot punish an individual for
lack of witnesses or any other reason (see the chapter on Courts of
Law), the transgressor will be punished by Divine Decree.
17. Besides the Seven Universal Commandments, the
Children of Noah have traditionally taken it upon themselves to
fulfill the commandment of honoring father and mother.
(see the chapter on Honoring Father and Mother).
18. Some authorities are of the opinion that the
Children of Noah are obligated to fulfill the commandment of giving
charity. Others state that it is proper and meritorious for the
Children of Noah to give charity but that it is not actually commanded
of them.
19. If a Noahide who follows the Seven Universal
Laws gives charity, the Israelites accept it from him and give it to
the poor of Israel, since through the merit of giving charity to the
poor among the Jewish people one is given life by God and saved from
death. But a Noahide who does not accept the yoke of the Seven Noahide
Laws and gives charity is not permitted to give it to the needy of
Israel. His charity may be given to poor Noahides only.
20. If one of the Children of Noah arises and
performs a miracle and says that God sent him, then instructs others
to add to or subtract from any of the Seven Universal Laws or explains
them in a way not heard at Mount Sinai, or claims that the 613
Commandments given to the Jews are not eternal, but limited to a fixed
period of time, this person is deemed a false prophet and incurs the
death penalty.
21. There is an oral tradition that the Children of
Noah are forbidden to interbreed animals of different species or to
graft trees of different kinds,
although some authorities hold that they are permitted to do either.
However, they may wear shaatnez (clothing containing both wool
and linen) and they may plant different seeds such as grape and wheat
in the same field, which are acts forbidden to Jews.
Forbidden interbreeding and grafting are not punishable in courts of
law.
22. The Sages of Israel state that Children of
Ketura (the sons of Abraham's concubine, Hagar) who were born after
Ishmael and Isaac must by law be circumcised. Since today the
descendants of Ishmael are intermixed with the descendants of the
other sons of Hagar, all are obligated to be circumcised on the eighth
day after they are born. Those transgressing this are not liable for
the death penalty.
This law applies only to Semitic peoples, although all other nations
are allowed to circumcise if they desire.
23. One opinion holds that only the six sons of
Hagar and not their descendants were obligated to be circumcised.
24. In accord with the Seven Universal
Commandments, man is enjoined against creating any religion based on
his own intellect. He either develops religion based on these Divine
Laws or becomes a righteous proselyte, a Jew, and accepts all 613
commandments of the Torah.
(Note: Concerning making holidays for themselves,
Noahides may participate in the celebration of certain Jewish
holidays, such as Shavuot, celebrating the Giving of the Torah, since
the Children of Noah received their commandments at the same time, or
Rosh Hashanah, the Jewish New Year and Day of Judgment, since all
mankind is judged by God on that day, so it should therefore be
important to the Noahide as well as the Israelite. Rosh Hashanah is
also the day that Adam, the First Man, was created by God, and all
mankind is descended from Adam just as it is from Noah.
Even these, however, the Noahide celebrates only in order to bring
additional merit and reward to himself, and he may not rest in the
manner of the Jews. Moreover, the Noahide is strictly forbidden to
create a new holiday that has religious significance and claim that it
is part of his own religion, even if the religion is the observance of
the Seven Noahide Laws. For example, it would be forbidden to make a
holiday celebrating the subsiding of the waters of the Flood of Noah
or anything of the like. And, all the more so, it would be forbidden
to institute holidays that ascribe religious significance to events
outside the purview of the Seven Noahide Commandments. Celebrating
secular activities and commemorating historical events, even if they
involve a festive meal, are permissible.)
25. The nations of the world acknowledge the
existence of God and they do not transgress the will of God. Their
failing is an inability to be nullified to God, and they deny His
Oneness by thinking that they themselves are separate entities,
calling Him the God of gods. Therefore, we find that when they
transgress the Seven Noahide Commandments, it is only because the
spirit of folly enters them and covers the truth, concealing it from
them.
But from their essential being, they are not able to transgress the
Will of God. Therefore, even Balaam, the wicked prophet who had sexual
relations with an animal, his ass, which is a clear transgression of
the Seven Noahide Laws, said, "I am not able to transgress the word of
God" (Num. 22:18).
26. The commandment to be fruitful and multiply was
given to Noah, but inasmuch as it was not repeated at Mount Sinai,
this commandment is not considered part of the Seven Universal Laws.
However, the Children of Noah have the obligation to make the whole
earth a dwelling place for mankind.
This is minimally achieved by every couple giving birth to a male and
a female child who are in turn capable of reproduction.
Moreover, the couple that bears more children is credited with
bringing more spiritual goodness into the world, assuming that these
children are reared in an environment of morality by fulfilling the
Seven Universal Laws.
27. A Noahide who strikes an Israelite causing even
a slight wound, though he is theoretically condemned for this, does
not receive the death penalty.
28. When a Noahide dies, he is to be buried in the
earth, "for out of it were you taken; for you are dust and unto dust
you shall return" (Gen. 3:19). This does not mean that the Children of
Noah transgress one of the Seven Commandments by utilizing another
process such as cremation or cryogenic preservation, but they will
lack the atonement that burial in the earth accomplishes.
29. By observing the Seven Universal Laws, mankind
is given the means by which it can perfect itself. The individual,
through these laws, has the power to refine his essential being, and
can reach higher and higher without limit. For it is written, "I call
heaven and earth to bear witness, that any individual, man or woman,
Jew or Gentile, freeman or slave, can have the Holy Spirit bestowed
upon him. It all depends on his deeds."
And it is also written, "Ultimately, all is understood: fear God and
observe His commandments, for this is the completion of man" (Eccles.
12:13).
[1]
Babylonian Talmud, Sanhedrin 56a
[2]
Encyclopedia Talmudica, The Children of Noah, volume 3, page 348
[3]
The Rosh (Rabbeinu Asher), responsa number 16
[4]
Babylonian Talmud, Nazir 29b, commentary of Rashi, "And Rabbi
Yose..."; Likutei Sichot of the Lubavitcher Rebbe, volume 5,
page 421
[5]
Mishneh Torah, Laws of Kings, chapter 8, law 11
[6]
Mishneh Torah, Laws of Forbidden Relationships, chapter 14, law
7
[7]
Ibid., Laws of Kings, chapter 10, law 10
[8]
Ibid., chapter 10, law 9 and the commentary of Radvaz on chapter
10, law 10
[9]
Yud‑Tess Kislev Farbrengen with the Lubavitcher Rebbe, 5745
(1984)
[10]
Tanya, Iggeret HaTshuvah, chapter 1, page 90b
[11]
Mishneh Torah, Laws of Kings, chapter 8, law 11
[12]
Babylonian Talmud, Baba Kamma 38a
[13]
Shulchan Arukh, Yoreh Deah, Laws of Conversion, chapter 268,
law 2
[14]
The Seven Laws of Noah, Lichtenstein, chapter 9, page 89
[15]
Mishneh Torah, Laws of Kings, chapter 10, law 14
[16]
Babylonian Talmud, Makkot 9a, commentary of Rashi,
"Therefore..."
[17]
Mishneh Torah, Laws of Kings, chapter 10, law 1
[18]
Commentary of Rashi on Exod. 23:7 and 21:13; Babylonian Talmud,
Sanhedrin 37b
[19]
Nahal Eshkol, Laws of Circumcision, chapter 39, number 6
[20]
Babylonian Talmud, Sanhedrin 56b, commentary of Rabbeinu
Nissim, "And He commanded him ‑ these are the judges"
[21]
Mishneh Torah, Laws of Kings, chapter 10, law 10
[22]
Mishneh Torah, Laws of the Foundation of Torah, chapter 9,
law 1
[23]
Ibid., Laws of Kings, chapter 10, law 6
[24]
Shulchan Arukh, Yoreh Deah, chapter 297, note 3, commentary
of the Shach
[25]
Babylonian Talmud, Sanhedrin 56b
[26]
Mishneh Torah, Laws of Kings, chapter 10, law 7, 8
[27]
Babylonion Talmud, Sanhedrin 59b, commentary of Rashi, "And
if you want to say circumcision..."
[28]
Mishneh Torah, Laws of Kings, chapter 10, law 9
[29]
Me'am Loez, Genesis, chapter 13, page 194
[30]
Sefer HaArchin Chabad, volume 2, The Nations of the World,
chapter 1, section 3, page 269
[31]
Babylonian Talmud, Sanhedrin 59b
[32]
Sefer Hahinnukh, First Commandment
[33]
Shulchan Arukh, Even HaEzer, chapter 1, law 5
[34]
Mishneh Torah, Laws of Kings, chapter 10, law 6
[35]
Babylonian Talmud, Sanhedrin 46b
[36]
Tanna D'bei Eliyahu, beginning of chapter 9
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