Additional Topics

The discussion of the Rambam, Law of Kings 9:2-3 is very interesting, in that it uses the same wording to describe the addition of "Circumcision" as a commandment as it does for the addition of Ever min hachai. The following table charts the words of the Rambam:

Adamide Laws

1. Prohibition of Idolatry
2. Prohibition of Blasphemy
3. Prohibition of Murder
4. Prohibition of Immorality
5. Prohibition of Theft
6. Injunction to set up Courts of Justice

Noahide Laws

1. Prohibition of Idolatry
2. Prohibition of Blasphemy
3. Prohibition of Murder
4. Prohibition of Immorality
5. Prohibition of Theft
6. Dietary Laws
7. Injunction to set up Courts of Justice

Ishmaelite Laws

given to Avraham, but superseded in the case of Yitzchak

1. Prohibition of Idolatry
2. Prohibition of Blasphemy
3. Prohibition of Murder
4. Prohibition of Immorality
5. Prohibition of Theft
6. Dietary Laws
7. Commandment to set up Courts of Justice
8. Commandment of Circumcision

Ishmaelite takkanah

1. Injunction of Morning Prayer

Esavite Laws

given to Yitzchak, but superseded in the case of Yakov

1. Prohibition of Idolatry
2. Prohibition of Blasphemy
3. Prohibition of Murder
4. Prohibition of Immorality
5. Prohibition of Theft
6. Dietary Laws
7. Commandment to set up Courts of Justice
8. Commandment of Circumcision

Esavite takkanos

1. Injunction of Morning Prayer
2. Injunction of Afternoon Prayer
3. Injunction to Tithe

What we see here is that beyond the seven laws, there appears to be additional commandments and perhaps what might be called "takkanos". This may indicate that circumcision is a requirement for certain groups of people, as the Rambam states. It also seems to lend support to the idea that Noahide nations have parallel, independent systems of law specific to each nation.

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In GodFearers, rulings based on decisions on rulings by the Jerusalem Court for Bnei Noah are marked with this picture, as well as being marked with the Category "Jerusalem Court for Bnei Noah".

Rabbi Yoel Schwartz, received the blessing of leading hareidi-religious Rabbi Shalom Elyashiv to engage in the project of creating a court and infrastructure for B'nai Noah. Rabbi Schwartz is the Deputy Chancellor, Segan Av Beit Din, of the nascent Sanhedrin. He is also the Chief Justice, Av Beit Din, of this court, the Special Court for Matters Concerning Bnei Noah, known in Hebrew as Beit Din L'inyanei Bnei Noach, or BDBN.

This court has been set up to serve the needs of B'nei Noach worldwide. Judaism does not view itself as a universal religion, instead it sees itself as a national faith. This is understood within the context of the Jewish teaching that there are seventy nations or groups of people in the world. Each group of people must develop its own form of worship, unique to its own character. There is however a basic minimum common to all proper faiths, and this is the Noahide teachings. The Sanhedrin, through this court, is required to play a role in helping to clarify these most basic teachings, and each group of people in turn must set up its own religious court to expand, develop and adapt these laws to fit the needs of its community of believers.

At this point, the council will not serve as a adjudicating body, and will only serve to clarify halachic issues concerning the Bnai Noah. The court accepts requests for halachic rulings from B'nei Noach throughout the world.

Rabbi Steinsaltz called for an extensive project to be undertaken to help B'nai Noah in the nitty-gritty details of the observance of the religion. "A Shulhan Arukh [Jewish Law Code] for B'nai Noah must be written so that the individual can have guidance as to what to do," Steinsaltz said, referring to the compendium of practical Jewish law written by Rabbi Yosef Karo of Tzfat in the 1560's that is still used today.

Leading Justices

Rabbi Yoel Shwartz An outstanding Torah scholar and prolific writer has published over 200 seforim. He is a product of the great Yeshivot Poneviz and Mir and merited to study with the famous Mashgiach of Yeshivat Mir, Rabbi Chaim Shmuelevitch zt"l. As a past Mashgiach in Yeshivat Itri and currently a Ram in Yeshivat Dvar Yerushalayim, Rabbi Schwartz brings scores of years of experience in Torah education to the Nahal Haredi. Rabbi Schwartz has served as a spiritual advisor and educator since the inception of the program in 1999. He resides in Jerusalem with his wife, children and grandchildren.

Rabbi Yeshayahu [Julius] HaKohen Hollander. Editor of a new publication of Talmud Bavli with Rashi embedded, previously he was a Ram in Yeshivat Hesder. He learned at Yeshiva Poneviz and Kollel Valozin, and merited to study under Rabbi Yitzhak Kolitz z"l, Chief Rabbi of Jerusalem. He holds a M.Sc. Theoretical Physics at Hebrew University and is a licensed Patent Attorney with twenty five years in industry. He was a general manager of Heled Educational Experiences and taught in Ricanati School for Economics at Tel Aviv University. Born in New York in 1937, came to Israel in 1948.

Rabbi Dov Avraham Ben-Shorr is the founder and dean of Beith David Yeshiva. He is an author, shohet, mohel, and sofer stam. Past articles by this author include "Removing the Labels, Finding Unity" and "A Tale of Two Camps". He was born in Cleveland, Ohio, lives with his family in the community of Ma´aleh (Pnei) Hever near Hebron.

External links

• The Official Website of the Jerusalem Court for Bnei Noah

Maimonides Mishne Torah, Law of Kings 9:12 says

One who slaughters a domesticated animal, even if one severs the two signs [that would make it properly killed under Jewish law], as long as it moves convulsively, the limbs and meat which are separated from it are forbidden to a Noahide because of [breaking the law of a] "torn limb"

Jewish Law disagrees with Maimonides on this point. The Shulchan Aruch rules that Kosher Meat is always permitted to a Noahide. (need citation in Yoreh Deah)

This needs work

Crime between a Noahide and an Jew

Rabbi Aaron Lichtenstein writes:^[1]

In Jewish law, besides decapitation, three additional commands are listed here: execution by strangulation, by burning, and by stoning, depending on the crime. But all Noahic executions are by decapitation, according to the decision of Maimonides, Code, "Laws on Kings" 9:7 and 10:5. However, Maimonides there lists two exceptions: for a Noahite's adultery with (a) any naara meurasa (a Jewish maiden who has gone through only the first half of the marriage ceremony ) the penalty is stoning, just as in Israelite law; for a Noahite's adultery with (b) a Jewish maiden who has gone through both halves of the wedding ceremony but who has not consummated her marriage the penalty is strangulation, just as in Israelite law. Under strictly Noahide procedure, neither (a) nor (b) would be considered a case of adultery since it is with the consummation of her marriage that a Noahite becomes a married woman, and consequently subject only then to adultery charges. Since it is only by a Israelite yardstick that (a) and (b) are cases of adultery, therefore the penalties must be Israelite. (Cf. Sanhedrin 57b.) However, it may well be that only in a Jewish court would the offenders in cases (a) and (b) be punishable, and that in a Noahic court the woman involved would not be considered married. For otherwise one would have to assume that Noahic courts must be expert in Israelite law and be capable of handling all the technicalities involved in declaring any Jewess a married woman. However, the indications from Sanhedrin 59a are that Noahites must have an acquaintance with only Noahide law. Because of this possibility, execution by strangulation and stoning are omitted here.

Providing a constitution for public international law, the United Nations was conceived during World War II. International law can refer to three things. These are,

• public international law
• private international law or conflict of laws
• the law of supranational organizations.

In a globalising economy, law is globalising too. Law internationally, or to be literal, law between nations plays an increasingly important part in our lives. The goods we buy, the services we consume, the work that we do is ever more integrated with people far across the planet. So to create a level playing field, law has a vital role to play.

Public international law

Public international law (or international public law) concerns the relationships between sovereign nations. It is developed mainly through multilateral conventions. Its modern corpus started to be developed in the middle of the 19th Century. Between the two World Wars, the League of Nations and other international organizations such as the International Labour Organisation contributed to accelerate this process and established much of the foundation of international public law. After the failure of the Versailles Treaty and World War II, the League of Nations was replaced by the United Nations, founded under the UN Charter. The UN has developed new standards, such as the Universal Declaration of Human Rights. Other international norms and laws have been established through international agreements; e.g. the Geneva Conventions on the conduct of war or armed conflict, as well as by other international organizations such as the ILO, the World Health Organisation, the World Intellectual Property Organisation, the International Telecommunication Union, UNESCO, the World Trade Organisation, and the International Monetary Fund.

Conflict of laws

Conflict of laws, or "private international law" in civil law jurisdictions, is less international than national law. It concerns which jurisdiction a legal dispute between private parties should be heard. Today businesses are increasingly capable of shifting capital and labour supply chains across borders, as well as trading with overseas businesses. This increases the number of disputes outside a unified legal framework and the enforceability of standard practices. Increasing numbers of businesses use commercial arbitration under the ''New York Convention 1958''.

Supranational law

Other than Noahide Law, the European Union is the only example of a currently recognized supra-national legal framework, where sovereign nations have pooled their authority through a system of courts and political institutions. It constitutes a new legal order in international lawhttp://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=61962J0026for ^[1] for the mutual social and economic benefit of the member states.

Legal Databases

• Jurispedia — "The shared law"
• Wex — "collaboratively built, freely available legal dictionary and encyclopedia"
• Wiki-Law — "The Legal Resource Anyone Can Edit"
• WikiLaw — "the free law library that anyone can edit"

References

1. "...against entertaining the thought that there exists a deity except Hashem." (Negative 1)
2. "...Against making any graven image [& against having anyone else make one for us]." (Negative 2)
3. "...Against making idols for use by others." (Negative 3)
4. "...Against making any forbidden statues [even when they are for ornamental purposes]." (Negative 4)
5. "...Against bowing to any idol [& not to sacrifice nor to pour libation nor to burn incense before any idol, even where it is not the customary manner of worship to the particular idol]." (Negative 5)
6. "...against worshipping idols in any of their customary manners of worship." (Negative 6)
7. "...against causing our children to pass [through the fire] in the worship of Molech." (Negative 7)
8. "...against practicing Ov." (Negative 8)
9. "...against practicing Yiddoni." (Negative 9)
10. "...against turning to idolatry [in word, in thought, in deed, or by any observance that may draw us to its worship]." (Negative 10)

1. "...against eating a limb severed from a living animal, beast, or fowl." (Negative 182)
2. "...against eating the flesh of any animal which was torn by a wild beast which, in part, prohibits the eating of such flesh as was torn off an animal while it was still alive." (Negative 181)

1. "...against [a man] having union with his mother." (Negative 330)
2. "...against [a man] having union with his sister." (Negative 331)
3. "...against [a man] having union with the wife of his father." (Negative 332)
4. "...against [a man] having union with another man's wife." (Negative 347)
5. "...against [a man] copulating with a beast." (Negative 348)
6. "...against a woman copulating with a beast." (Negative 349)
7. "...against [a man] lying carnally with a male." (Negative 350)
8. "...against [a man] lying carnally with his father." (Negative 351)
9. "...against [a man] lying carnally with his father's brother." (Negative 352)
10. "...against engaging in erotic conduct that may lead to a prohibited union. [That is, petting by persons whose marriage would be illicit.]" (Negative 353)

Rav Moshe of Coucy lived in France in the early 13th century. This work, an acronym for Sefer Mitzvot Gadol, was a halachic text that defined and explained the 613 commandments and their halachic implications. It draws heavily on the Mishne Torah, and it is referenced in the Ein Mishpat, which appears on every page of the Talmud. He also wrote a commentary on the Chumash and had a hand in authoring some of the Tosafot on the Talmud. His teacher was Rav Yehuda HaChassid.

The word Mesani is translated as meaning "repetition" Two verses in Qur'an refer to Al mesani / Al mesaniy: 15:87and 39.23.

Qur'an 39:23 makes it clear that there is a mesani / mesaniy and Qur'an, and they are separate:

39.23 Allah has revealed (from time to time) the most beautiful Message in the form of a Book, consistent with itself, (yet) repeating (its teaching in various aspects): the skins of those who fear their Lord tremble thereat; then their skins and their hearts do soften to the celebration of Allah's praises. Such is the guidance of Allah: He guides therewith whom He pleases, but such as Allah leaves to stray, can have none to guide.

The main text makes it clear that something, a book or a text called mesaniy / mesani were given to Mohamed (pbuh).

15.87 And We have bestowed upon thee the Seven Oft-repeated (verses) and the Grand Qur'an.

Which implies that there were seven laws before the giving of the Qur'an. It is generally accepted that saban minel masani (Seven Oft-repeated verses) and quranel azim (Grand Reading/Qur'an) must be two different things because they are separated with conjunction waw. However many Islamic scholars are at a loss to defined what the Mesani is. The proposal that they are the seven laws of Noah has been found acceptable by certain muslims who have studied the issue and not found to be theologically problematic.

In the Qur'an Noah is portrayed as prophet teaching against idolatry even before the flood.^[1]

The Qur'anic word "mesani" is the same word as the Hebrew word "mishna" (repetition), and probably derived from the hebrew.

Qur'an 17:22-36

1. Qur'an 17:22 Take not with Allah another object of worship; or thou (O man!) wilt sit in disgrace and destitution.
2. Qur'an 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.
3. Qur'an 17:32 Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils).
4. Qur'an 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).
5. Qur'an 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).
6. Qur'an 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.
7. Qur'an 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).

Qur'an 17:22-36 and the "Ten Commandments"

It is interesting if these verse correspond to the "Ten Commandments", only seven of them appear:

A possible connection between the Qur'an 17:22-36 and the "Ten Commandments" might be:

1. Qur'an 17:22, 23 You shall have no other Gods before me (1st commandment)
2. Qur'an 17:23 Honour your father and your mother (5th commandment)
3. Qur'an 17:32 You shall not commit adultery (7th commandment)
4. Qur'an 17:33 You shall not kill (6th commandment)
5. Qur'an 17:34 You shall not covet your neighbor’s house, you shall not covet your neighbor’s wife.... manservant.... maidservant.... his ox.... his ass...anything that is your neighbor’s (10th commandment)
6. Qur'an 17:35 You shall not steal (8th commandment)
7. Qur'an 17:36 You shall not bear false witness against thy neighbor (9th commandment)

The second, third and fourth commandments (You shall not make unto thee any graven image or likeness of any thing. You shall not take the name of the L-rd your G-d in vain. Remember the Sabbath day) were left out perhaps as not being applicable to Islam, being particular to Judaism. The key may be in Qur'an 15:87 “..We have given you seven (sections) of mesaniy and this great Qur'an..” Perhaps these seven were derived by Qur'an from Noahide law instead.

Qur'an 17:22-36 and Noahide law

A possible connection between the Qur'an 17:22-36 and Noahide law might be:

1. Qur'an 17:22 — Prohibition of Idolatry #1
2. Qur'an 17:23 — Prohibition of Blasphemy #2
3. Qur'an 17:32 — Prohibition of Sexual Immorality #4
4. Qur'an 17:33 — Prohibition of Homicide #3
5. Qur'an 17:34 — Prohibition of Theft #5
6. Qur'an 17:35 — Imperative of Legal System #7
7. Qur'an 17:36 — Prohibition of Limb of a Living Creature #6??? (although the last is specifically mentioned by the Qur'an 2:173; 5:3)

References

Defining the the Seven Noahide Commandments as a subset of the Ten Commandments, may be an useful analogy to explain the Seven Laws to those who accept the "Ten Commandments" but view the Seven Noahide Law as a Rabbinic innovation.

It is plausible that the first, fourth and fifth commandments only apply to the Children of Israel. The first commandment declares that the four letter Name of G-d was given to the Children of Israel when they left Egypt. The fourth commandment, keeping the Sabbath, is almost universally recognized as applying only to the Children of Israel. The fifth commandment may imply that the commandment of maintaining the Massorah, the Oral Tradition, from Father to Son, Teacher to Student is only obligatory on the Jewish people.

<table> <tr> <th align="left">Commandment</th> <th width="80">Jewish (Talmudic)</th> <th width="80">Noahide
(Talmudic)
</th> </tr> <tr> <td>I am the Lord your God</td> <td align="center">1</td> <td align="center">
</td> </tr> <tr> <td>You shall have no other gods before me
You shall not make for yourself an idol
</td> <td rowspan="1" align="center">2</td> <td align="center">1
</td> </tr> <tr> <td>You shall not make wrongful use of the name of your God</td> <td align="center">3</td> <td align="center">2
</td> </tr> <tr> <td>Remember the Sabbath and keep it holy</td> <td align="center">4</td> <td align="center">
</td> </tr> <tr> <td>Honor your father and mother</td> <td align="center">5</td> <td align="center">
</td> </tr> <tr> <td>You shall not murder</td> <td align="center">6</td> <td align="center">3
</td> </tr> <tr> <td>You shall not commit adultery</td> <td align="center">7</td> <td align="center">4
</td> </tr> <tr> <td>You shall not steal</td> <td align="center">8</td> <td align="center">5
</td> </tr> <tr> <td>You shall not bear false witness against your neighbor</td> <td align="center">9</td> <td align="center">7
</td> </tr> <tr> <td>You shall not covet your neighbor's wife
You shall not covet anything that belongs to your neighbor
</td> <td rowspan="1" align="center">10</td> <td rowspan="1" align="center">6*
</td> </tr> <tr> <td valign="top">
</td> <td valign="top">
</td> <td align="center" valign="top">
</td> </tr> </table>

<nowiki>*</nowiki> The sixth Noahide commandment is "The Prohibition of flesh from a Living Animal". Rabban Gamliel extends this to Blood. But it is important to note that all seven commandments were originally given to Adam. Adam was forbidden to eat meat: "Rab Judah said in Rab's name: Adam was not permitted to eat flesh, for it is written, [Behold I have given you all the herbs, etc.] to you it shall be for food, and to all the beasts of the earth (Gen. 1:29)" - Sanhedrin 59b.

Thus it is possible that the meaning of this commandment is more general than just the limb of a living animal. Rabbi Dr. Freedmen in the Soncino Talmud says "By interpreting thus: Thou mayest eat that which is now ready for eating, but not whilst the animal is alive. It is perhaps remarkable that a verse, the literal meaning of which is obviously permission to enjoy, should be interpreted as a series of prohibitions. Yet it is quite in keeping with the character of the Talmud: freedom to enjoy must be limited by moral and social considerations, and indeed only attains its highest value when so limited. Cf. Pirkei Avot 6:2: No man is free but he who labours in the Torah."

Rabbi Michael J. Broyde in his "The Obligation of Jews to Seek Observance of Noachide[1] Laws by Gentiles: A Theoretical Review" writes:^[1]

Maharatz Chayut in his responsa^[2] seems to adopt a formulation of Maimonides ruling that makes this law a mere historical recounting of facts. He states ^[3] there is no obligation for any specific Jew, in any circumstance to compel observance by a Noachide. Rather Maimonides is merely explaining the jurisprudential basis for the obligation of Noachides to their seven commandments – absent Moses' re-commandment at Sinai, only Jews would have been obligated in Noachide law. The most that one could claim according to Maharatz Chayut is that perhaps Moses himself was obligated to compel observance of the Noachide laws; Jews currently are not – apparently neither in the context of a beit din nor in the context of any specific individual. Maharatz Chayut would then limit Maimonides' rule obligating Jews to establish courts and appoint judges to those Noachides who formally accept the obligations of a ger toshav (resident alien) and who live in the Jewish community and who are dependent on it for law and order "lest the world be destroyed".^[4] Certainly in the diaspora there are few such communities of Noachides; although if there were, and they could not see fit to enforce the law themselves, a Jew should guide them.

Similar claims that Maimonides' rules do not create a practical legal obligation can be found in Aruch Hashulchan,^[5] the writings of Rabbi Yehuda Gershuni,^[6] Rabbi Shaul Yisrali ^[7] and Rabbi Menachem Mendel Kasher,^[8] the author of Torah Shelama, all of whom assert that the opinion of Maimonides itself is to be understood as limited to yemot hamashe'ach (or perhaps less ideally, full Jewish law in Israel).

However, all of these explanations of Maimonides' ruling are difficult and the simple understanding of Maimonides is that (at the least) a person that is capable of forcing compliance, must. Indeed, while Rabbi Karo does appear to limit the application of Maimonides somewhat, he clearly understands Maimonides as requiring compulsion whenever possible, even by an individual.^[9] This is similarly understood to be the opinion of Maimonides by Tzafnach Panaich, in his lengthy discussion on this topic.^[10] A ruling similar to Maimonides' is found in Chinuch 192, where it states: "The rule is as follows: In all that the nations are commanded, any time they are under our jurisdiction, it is incumbent upon us to judge them when they violate the commandments." Thus this appears to apply non-Jews who are citizens of a sovereign Jewish entity run according to Jewish Law.^[11]

References