Israeli racist attitudes to non-Jews shaped by the Talmud:
Saving of Life
THIS SUBJECT - the supreme value of human life and the obligation of every human being to do the outmost to save the life of a fellow human - is of obvious importance in itself. It is also of particular interest in a Jewish context, in view of the fact that since the Second World War Jewish opinion has - in some cases justly, in others unjustly - condemned 'the whole world' or at least all Europe for standing by when Jews were being massacred. Let us therefore examine what the Halakhah has to say on this subject.
According to the Halakhah, the duty to save the life of a fellow Jew is paramount.14 It supersedes all other religious obligations and interdictions, excepting only the prohibitions against the three most heinous sins of adultery (including incest), murder and idolatry.
As for Gentiles, the basic talmudic principle is that their lives must not be saved, although it is also forbidden to murder them outright.15 The Talmud itself expresses this in the maxim 'Gentiles are neither to be lifted [out of a well] nor hauled down [into it]'. Maimonides16 explains:
"As for Gentiles with whom we are not at war ... their death must not be caused, but it is forbidden to save them if they are at the point of death; if, for example, one of them is seen falling into the sea, he should not be rescued, for it is written: 'neither shalt thou stand against the blood of thy fellow'17 - but [a Gentile] is not thy fellow."
In particular, a Jewish doctor must not treat a Gentile patient. Maimonides - himself an illustrious physician - is quite explicit on this; in another passage18 he repeats the distinction between 'thy fellow' and a Gentile, and concludes: 'and from this learn ye, that it is forbidden to heal a Gentile even for payment...'
However, the refusal of a Jew - particularly a Jewish doctor - to save the life of a Gentile may, if it becomes known, antagonize powerful Gentiles and so put Jews in danger. Where such danger exists, the obligation to avert it supersedes the ban on helping the Gentile. Thus Maimonides continues: ' ... but if you fear him or his hostility, cure him for payment, though you are forbidden to do so without payment.' In fact, Maimonides himself was Saladin's personal physician. His insistence on demanding payment - presumably in order to make sure that the act is not one of human charity but an unavoidable duty - is however not absolute. For in another passage he allows Gentile whose hostility is feared to be treated 'even gratis, if it is unavoidable'.
The whole doctrine - the ban on saving a Gentile's life or healing him, and the suspension of this ban in cases where there is fear of hostility - is repeated (virtually verbatim) by other major authorities, including the 14th century Arba'ah Turirn and Karo's Beyt Yosef and Shulhan 'Arukh.19 Beyt Yosef adds, quoting Maimonides: 'And it is permissible to try out a drug on a heathen, if this serves a purpose'; and this is repeated also by the famous R. Moses Isserles.
The consensus of halakhic authorities is that the term 'Gentiles' in the above doctrine refers to all non-Jews. A lone voice of dissent is that of R. Moses Rivkes, author of a minor commentary on the Shulhan Arukh, who writes.20
Our sages only said this about heathens, who in their day worshipped idols and did not believe in the Jewish Exodus from Egypt or in the creation of the world ex nihilo. But the Gentiles in whose [protective] shade we, the people of Israel, are exiled and among whom we are scattered do believe in the creation of the world ex nihilo and in the Exodus and in several principles of our own religion and they pray to the Creator of heaven and earth ... Not only is there no interdiction against helping them, but we are even obliged to pray for their safety.
This passage, dating from the second half of the 17th century, is a favorite quote of apologetic scholars.21 Actually, it does not go nearly as far as the apologetics pretend, for it advocates removing the ban on saving a Gentile's life, rather than making it mandatory as in the case of a Jew; and even this liberality extends only to Christians and Muslims but not the majority of human beings. Rather, what it does show is that there was a way in which the harsh doctrine of the Halakhah could have been progressively liberalized. But as a matter of fact the majority of later halakhic authorities, far from extending Rivkes' leniency to other human groups, have rejected it altogether.
Desecrating the Sabbath to Save Life
DESECRATING THE SABBATH - that is, doing work that would otherwise be banned on Saturday - becomes a duty when the need to save a Jew's life demands it.
The problem of saving a Gentile's life on the sabbath is not raised in the Talmud as a main issue, since it is in any case forbidden even on a weekday; it does however enter as a complicating factor in two connections.
First, there is a problem where a group of people are in danger, and it is possible (but not certain) that there is at least one Jew among them: should the sabbath be desecrated in order to save them? There is an extensive discussion of such cases. Following earlier authorities, including Maimonides and the Talmud itself, the Shulhan Arukh 22 decides these matters according to the weight of probabilities. For example, suppose nine Gentiles and one Jew live in the same building. One Saturday the building collapses; one of the ten - it is not known which one - is away, but the other nine are trapped under the rubble. Should the rubble be cleared, thus desecrating the sabbath, seeing that the Jew may not be under it (he may have been the one that got away)? The Shulhan 'Arukh says that it should, presumably because the odds that the Jew is under the rubble are high (nine to one). But now suppose that nine have got away and only one - again, it is not known which one - is trapped. Then there is no duty to clear the rubble, presumably because this time there are long odds (nine to one) against the Jew being the person trapped. Similarly: 'If a boat containing some Jews is seen to be in peril upon the sea, it is a duty incumbent upon all to desecrate the sabbath in order to save it.' However, the great R. 'Aqiva Eiger (died 1837) comments that this applies only 'when it is known that there are Jews on board. But ... if nothing at all is known about the identity of those on board, [the sabbath] must not be desecrated, for one acts according to [the weight of probabilities, and] the majority of people in the world are Gentiles.23 Thus, since there are very long odds against any of the passengers being Jewish, they must be allowed to drown.
Secondly, the provision that a Gentile may be saved or cared for in order to avert the danger of hostility is curtailed on the sabbath. A Jew called upon to help a Gentile on a weekday may have to comply because to admit that he is not allowed, in principle, to save the life of a non-Jew would be to invite hostility. But on Saturday the Jew can use sabbath observance as a plausible excuse. A paradigmatic case discussed at length in the Talmud24 is that of a Jewish midwife invited to help a Gentile woman in childbirth. The upshot is that the midwife is allowed to help on a weekday 'for fear of hostility', but on the sabbath she must not do so, because she can excuse herself by saying: 'We are allowed to desecrate the sabbath only for our own, who observe the sabbath, but for your people, who do not keep the sabbath, we are not allowed to desecrate it.' Is this explanation a genuine one or merely an excuse? Maimonides clearly thinks that it is just an excuse, which can be used even if the task that the midwife is invited to do does not actually involve any desecration of the sabbath. Presumably, the excuse will work just as well even in this case, because Gentiles are generally in the dark as to precisely which kinds of work are banned for Jews on the sabbath. At any rate, he decrees: 'A Gentile woman must not be helped in childbirth on the sabbath, even for payment; nor must one fear hostility, even when [such help involves] no desecration of the sabbath.' The Shulhan 'Arukh decrees likewise.25
Nevertheless, this sort of excuse could not always be relied upon to do the trick and avert Gentile hostility. Therefore certain important rabbinical authorities had to relax the rules to some extent and allowed Jewish doctors to treat Gentiles on the sabbath even if this involved doing certain types of work normally banned on that day. This partial relaxation applied particularly to rich and powerful Gentile patients, who could not be fobbed off so easily and whose hostility could be dangerous.
Thus, R. Yo'el Sirkis, author of Bayit Hadash and one of the greatest rabbis of his time (Poland, 17th century), decided that 'mayors, petty nobles and aristocrats' should be treated on the sabbath, because of the fear of their hostility which involves 'some danger'. But in other cases, especially when the Gentile can be fobbed off with an evasive excuse, a Jewish doctor would commit 'an unbearable sin' by treating him on the sabbath. Later in the same century, a similar verdict was given in the French city of Metz, whose two parts were connected by a pontoon bridge. Jews are not normally allowed to cross such a bridge on the sabbath, but the rabbi of Metz decided that a Jewish doctor may nevertheless do so 'if he is called to the great governor': since the doctor is known to cross the bridge for the sake of his Jewish patients, the governor's hostility could be aroused if the doctor refused to do so for his sake. Under the authoritarian rule of Louis XIV, it was evidently important to have the goodwill of his intendant; the feelings of lesser Gentiles were of little importance.26
Hokhrnat Shloinoh, a 19th century commentary on the Shulhan 'Arukh, mentions a similarly strict interpretation of the concept 'hostility' in connection with the Karaites, a small heretical Jewish sect. According to this view, their lives must not be saved if that would involve desecration of the sabbath, 'for "hostility" applies only to the heathen, who are many against us, and we are delivered into their hands .. But the Karaites are few and we are not delivered into their hands, [so] the fear of hostility does not apply to them at all.'27 In fact, the absolute ban on desecrating the sabbath in order to save the life of a Karaite is still in force today, as we shall see.
The whole subject is extensively discussed in the responsa of R. Moshe Sofer - better known as 'Ilatam Sofer' - the famous rabbi of Pressburg (Bratislava) who died in 1832. His conclusions are of more than historical interest, since in 1966 one of his responsa was publicly endorsed by the then Chief Rabbi of Israel as 'a basic institution of the Halakhah'.28 The particular question asked of Ratam Sofer concerned the situation in Turkey, where it was decreed during one of the wars that in each township or village there should be midwives on call, ready to hire themselves out to any woman in labor. Some of these midwives were Jewish; should they hire themselves out to help Gentile women on weekdays and on the sabbath?
In his Tesponsum,29 Hatam Sofer first concludes, after careful investigation, that the Gentiles concerned - that is, Ottoman Christians and Muslims - are not only idolators 'who definitely worship other gods and thus should "neither be lifted [out of a well] nor hauled down",' but are likened by him to the Amalekites, so that the talmudic ruling 'it is forbidden to multiply the seed of Amalek' applies to them. In principle, therefore, they should not be helped even on week- days. However, in practice it is 'permitted' to heal Gentiles and help them in labor, if they have doctors and midwives of their own, who could be called instead of the Jewish ones. For if Jewish doctors and midwives refused to attend to Gentiles, the only result would be loss of income to the former - which is of course undesirable. This applies equally on weekdays and on the sabbath, provided no desecration of the sabbath is involved. However, in the latter case the sabbath can serve as an excuse to 'mislead the heathen woman and say that it would involve desecration of the sabbath'.
In connection with cases that do actually involve desecration of the sabbath, Hatam Sofer - like other authorities - makes a distinction between two categories of work banned on the sabbath. First, there is work banned by the Torah, the biblical text (as interpreted by the Talmud); such work may only be performed in very exceptional cases, if failing to do so would cause an extreme danger of hostility towards Jews. Then there are types of work which are only banned by the sages who extended the original law of the Torah; the attitude towards breaking such bans is generally more lenient.
Another response of Hatam Sofer deals with the question whether it is permissible for a Jewish doctor to travel by carriage on the sabbath in order to heal a Gentile. After pointing out that under certain conditions traveling by horse-drawn carriage on the sabbath only violates a ban imposed 'by the sages' rather than by the Torah, he goes on to recall Maimonides' pronouncement that Gentile women in labor must not be helped on the sabbath, even if no desecration of the sabbath is involved, and states that the same principle applies to all medical practice, not just midwifery. But he then voices the fear that if this were put into practice, 'it would arouse undesirable hostility,' for 'the Gentiles would not accept the excuse of sabbath observance,' and 'would say that the blood of an idolator has little worth in our eyes'. Also, perhaps more importantly, Gentile doctors might take revenge on their Jewish patients. Better excuses must be found. He advises a Jewish doctor who is called to treat a Gentile patient out of town on the sabbath to excuse himself by saying that he is required to stay in town in order to look after his other patients, 'for he can use this in order to say, "I cannot move because of the danger to this or that patient, who needs a doctor first, and I may not desert my charge"
With such an excuse there is no fear of danger, for it is a reasonable pretext, commonly given by doctors who are late in arriving because another patient needed them first.' Only 'if it is impossible to give any excuse' is the doctor permitted to travel by carriage on the sabbath in order to treat a Gentile.
In the whole discussion, the main issue is the excuses that should be made, not the actual healing or the welfare of the patient. And throughout it is taken for granted that it is all right to deceive Gentiles rather than treat them, so long as 'hostility' can be averted.30
Of course, in modern times most Jewish doctors are not religious and do not even know of these rules. Moreover, it appears that even many who are religious prefer to their credit - to abide by the Hippocratic oath rather than by the precepts of their fanatic rabbis.32 However, the rabbis' guidance cannot fail to have some influence on some doctors; and there are certainly many who, while not actually following that guidance, choose not to protest against it publicly.
All this is far from being a dead issue. The most up-to-date halakhic position on these matters is contained in a recent concise and authoritative book published in English under the title Jewish Medical Law.33 This book, which bears the imprint of the prestigious Israeli foundation Mossad Harav Kook, is based on the response of R. Eli'ezer Yehuda Waldenberg, Chief Justice of the Rabbinical District Court of Jerusalem. A few passages of this work deserve special mention.
First, 'it is forbidden to desecrate the sabbath ... for a Karaite.'34 This is stated bluntly, absolutely and without any further qualification. Presumably the hostility of this small sect makes no difference, so they should be allowed to die rather than be treated on the sabbath.
As for Gentiles: 'According to the ruling stated in the Talmud and Codes of Jewish Law, it is forbidden to desecrate the Sabbath - whether violating Biblical or rabbinic law - in order to save the life of a dangerously ill gentile patient. It is also forbidden to deliver the baby of a gentile women on the Sabbath.'35
But this is qualified by a dispensation: 'However, today it is permitted to desecrate the Sabbath on behalf of a Gentile by performing actions prohibited by rabbinic law, for by so doing one prevents ill feelings from arising between Jew and Gentile.'36
This does not go very far, because medical treatment very often involves acts banned on the sabbath by the Torah itself, which are not covered by this dispensation. There are, we are told, 'some' halakhic authorities who extend the dispensation to such acts as well - but this is just another way of saying that most halakhic authorities, and the ones that really count, take the opposite view. However, all is not lost. Jewish Medical Law has a truly breathtaking solution to this difficulty.
The solution hangs upon a nice point of talmudic law. A ban imposed by the Torah on performing a given act on the sabbath is presumed to apply only when the primary intention in performing it is the actual outcome of the act. (For example. grinding wheat is presumed to be banned by the Torah only if the purpose is actually to obtain flour.) On the other hand, if the performance of the same act is merely incidental to some other purpose (melakhah seh'eynah tzrikhah legufah) then the act changes its status - it is still forbidden, to be sure, but only by the sages rather than by the Torah itself. Therefore: In order to avoid any transgression of the law, there is a legally acceptable method of rendering treatment on behalf of a gentile patient even when dealing with violation of Biblical Law. It is suggested that at the time that the physician is providing the necessary care, his intentions should not primarily be to cure the patient, but to protect himself and the Jewish people from accusations of religious discrimination and severe retaliation that may endanger him in particular and the Jewish people in general. With this intention, any act on the physician's part becomes an act whose actual outcome is not its primary purpose' ... which is forbidden on Sabbath only by rabbinic law.37
This hypocritical substitute for the Hippocratic oath is also proposed by a recent authoritative Hebrew book.38
Although the facts were mentioned at least twice in the Israeli press,39 the Israeli Medical Association has remained silent.
Having treated in some detail the supremely important subject of the attitude of the Halakhah to a Gentile's very life, we shall deal much more briefly with other halakhic rules which discriminate against Gentiles. Since the number of such rules is very large, we shall mention only the more important ones.
Sexual Offenses
SEXUAL INTERCOURSE between a married Jewish woman and any man other than her husband is a capital offense for both parties, and one of the three most heinous sins. The status of Gentile women is very different. The Halakhah presumes all Gentiles to be utterly promiscuous and the verse 'whose flesh is as the flesh of asses, and whose issue [of semen] is like the issue of horses'40 is applied to them. Whether a Gentile woman is married or not makes no difference, since as far as Jews are concerned the very concept of matrimony does not apply to Gentiles ('There is no matrimony for a heathen'). Therefore, the concept of adultery also does not apply to intercourse between a Jewish man and a Gentile woman; rather, the Talmud41 equates such intercourse to the sin of bestiality. (For the same reason, Gentiles are generally presumed not to have certain paternity.)
According to the Talmudic Encyclopedia: 42 'He who has carnal knowledge of the wife of a Gentile is not liable to the death penalty, for it is written: "thy fellow's wife"43 rather than the alien's wife; and even the precept that a man "shall cleave unto his wife"44 which is addressed to the Gentiles does not apply to a Jew, just there is no matrimony for a heathen; and although a married Gentile woman is forbidden to the Gentiles, in any case a Jew is exempted.'
This does not imply that sexual intercourse between a Jewish man and a Gentile woman is permitted - quite the contrary. But the main punishment is inflicted on the Gentile woman; she must be executed, even if she was raped by the Jew: 'If a Jew has coitus with a Gentile woman, whether she be a child of three or an adult, whether married or unmarried, and even if he is a minor aged only nine years and one day - because he had willful coitus with her, she must be killed, as is the case with a beast, because through her a Jew got into trouble'45 The Jew, however, must be flogged, and if he is a Kohen (member of the priestly tribe) he must receive double the number of lashes, because he has committed a double offense: a Kohen must not have intercourse with a prostitute, and all Gentile women are presumed to be prostitutes.46 |
