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Re: Sanhedrin 059: Learning and Teaching the Seven Mitzvos of Benei Noach
>> Samuel Kosofsky asked:
We learned that regarding a ben noach Meesatan hee azharatan, their
execution is their warning. How are they supposed to know their mitzvos?
They were never given the Torah. They're not even allowed to learn
Torah.... Are we mechooyav to teach them? <<
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Rav Joseph Pearlman comments:
Regarding the Nochri's obligation to learn and to fulfill the seven Mitzvos
of Benei Noach and his liability if he does not do so, about which we
responded in a previous discussion, there is a remarkable Chidush in
"His'orerus ha'Teshuvah" of Rebbi Shimon Sofer (Budapest, published between
1923 and 1934; vol. 4, Yoreh De'ah #186). He writes as follows (translation):
"He is 'Karov l'Mezid,' considered to have sinned intentionally, since he
should have learned and he did not learn, as the Rambam writes. In my
humble opinion, this applies only when we are living in our land and we
have governing control, and all those who live among us are either Gerei
Toshavim (who accepted upon themselves the seven Mitzvos of Benei Noach),
or they are Nochrim whom we must put to death, as the Rambam writes
(Hilchos Melachim 8:10). Consequently, the Nochri who transgresses any of
the seven Mitzvos should have learned from what he saw around him -- all of
the other Nochrim acting as Gerei Toshavim and observing the seven Mitzvos.
That Nochri certainly knows how the other Nochrim around him are conducting
themselves as he hears and sees them himself, and thus he certainly should
have learned from them.
However, now, when we are in exile, the Nochri [who transgresses the seven
Mitzvos] has not heard nor has he seen nor does he know anything about the
seven Mitzvos saw. Hence, from where should he have learned about the seven
Mitzvos and about his obligation to observe them, if he has never heard of
them? Even though we are not permitted to cause him to transgress them
because of 'Mipnei Iver,' nevertheless he is an absolute Shogeg. Proof to
this can be found in the Rambam who writes (in Hilchos Mamrim 3:3) that
those Karaites who were raised by their fathers in a way of falsehood, even
though they hear afterwards about the laws of the Jewish nation, they are
considered as though they sin against their will (Anusim) and they have the
status of 'a baby who was taken captive among the Nochrim....' Further
proof to this can be found in the Ra'avad and Kesef Mishnah (in Hilchos
Avodah Zarah 10:6).
With regard to forming free-loan societies for the Nochrim, it can be said
that this is a Mitzvah and there is reward for doing so, and that these
things should be done because of the Kidush Hashem involved and the
recognition of the greatness of the faith of the Jews who do good for all.
Indeed, the verse says, 'Hashem is good to all and His mercy is upon all of
His creations' (Tehilim 145:9), and it says, 'Her (the Torah's) ways are
ways of pleasantness, and her paths are of peace' (Mishlei 3:17)."
It seems to me that his words are contrary to the plain meaning of the
Rambam, who --= although clearly referring only to when "Yadeinu Tekufah,"
when the Jews govern themselves -- nevertheless would sure have made this
distinction if it were valid, to point out that it was not applicable in
his day. The proof from the Karaites being "Anusim" is also refutable, as
that is referring to the 613 Mitzvos which we cannot possibly expect them
to follow, while the Nochrim, in contrast, certainly can learn and fulfill
the seven Mitzvos of Benei Noach on their own, for that is the minimum
which common sense obligates each and every person to observe.
Nonetheless, it is a powerful and interesting source and opinion.
Kol Tuv,
Joseph Pearlman
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