Maimonides, Laws of Kings and Wars, chapters 8–10: the seven commandments of the sons of Noah

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10:1 A non-Jew who accidentally violates one of his (Seven) Commandments is exempt from punishment, except for an accidental murderer. For if a Blood Avenger kills him, he is not killed. He104 has no City of Refuge and their courts do not execute him. To what do we refer? To someone who accidentally and without intention violates one of the commandments as, for example, if he had sexual intercourse with his friend’s wife and thought that she was his wife or that she was single. However, if he knew that she was his friend’s wife, but did not know that she was forbidden to him and thought this was permitted for him, or if he killed someone and he did not know that it is forbidden to kill, this is considered to be “close” to having committed the act “On Purpose”, and he is executed. This is not considered as an accidental sin for them since he should have learned what the Law is, and didn’t.

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10:10 A non-Jew113 who wishes to perform another Torah Commandment114 (merely) in order to receive a reward is not prevented from so doing in the Halochically correct way. Thus, if he brings the Olah (burnt) offering, we accept it from him. If he gives charity, we accept it from him. It appears to me, however, that we give these monies to the Jewish poor since he (the Resident Convert) is sustained by Israel, and they have a commandment to keep them (the Jews) alive. However, if a non-Jew115 gives charity, we take it and give it to the non-Jewish poor116.

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10:11 The Jewish Court must set up judges for the Resident Converts to judge them in accordance with these statutes. This is so that the world will not come to be destroyed117. If the Court sees that it can appoint judges from among them, then it should do so. If the Court sees that it must appoint Jewish judges118, then it may do so.

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10:12 Two non-Jews who appear before you to be judged in accordance with Jewish Law and wish to be judged in accordance with the Torah, are so judged. One wishes to be judged so and the other not, he is not forced to be judged except by their own laws. If a Jew and a non-Jew appear before us and we can learn merit for the Jew in accordance with their laws, we judge them in accordance with their laws and we say to him, ‘this is your law’. But if the Jew has merit in accordance with our Law, we judge him by Torah Law and tell him ‘this is our Law’. It appears to me that we do not do this with a Resident Convert, but we always judge him by his laws. And so it appears to me that we treat a Resident Convert as we would a Jew, that is with respect and loving-kindness, since we are commanded to keep him alive119, as it says, “to the stranger who is within your gates you shall give, that he may eat of it” (Deut. 14:21). Our Sages have said that we do not double120 our saying of Shalom refers to the non-Jews121, but we do with a Resident Convert. And that that our Sages have commanded us to visit their sick and bury their dead along with Jewish dead, and sustain their poor along122 with the poor of Israel is for the “sake of peace”, since it says, “G-d is good to all, and His mercies extend upon all his works” (Psalms 145:9) and it says, “her ways are ways of pleasantness, and all her paths are peace" (Proverbs 3:17).

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10:2 A non-Jew may violate one of the Commandments if he is forced105 to do so. Even if he was forced to worship idols, he may do so, since non-Jews are not commanded to Sanctify the Name. A non-Jewish child or a deaf person or a mentally-deficient person may never be punished, since these people are not obligated in the Commandments.

Ссылаются нормы: DeafMuteLacksCapacity, DuressDefeatsCulpability, IncapacityDefeatsCulpability, MentallyDeficientLacksCapacity, MinorLacksCapacity

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10:3 We ignore the request of a non-Jew who had converted and was circumcised and immersed, and now wishes to turn away from G-d and change his status to Resident Convert as he was before. Rather, he is to conduct himself like any other Jew, or he will be executed. A child can annul his conversion when he grows up if he had been immersed by the Court when he was a minor. He may only become a Resident Convert. However, if he didn’t annul his conversion at that time106, he cannot do so later, and he becomes a Righteous Convert. Therefore, the money from the marriage contract of a minor girl107 who the Court has immersed or the “rape fine” or the “seduction fine” will all be given to and held by the Court until she grows up and she does not reject her conversion. This is done lest she take the money, grow up, deny her conversion and utilize monies to which, as a non-Jewess, she has no rights, except by Jewish Law108.

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10:4 A non-Jew who “blessed” G-d or worshiped idols or had relations with a married woman or killed someone, and then converted, is exempt from punishment. If he killed a Jew or had relations with a married Jewish woman and converted, he is liable for punishment. He is executed109 for killing the Jew or strangled for having relations with a married Jewish woman, for here his verdict changes.

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10:5 We have already explained that all death penalties for non-Jews are by the sword, except if he had relations with a married Jewish woman or with an engaged girl. In those cases he is executed by stoning. If he had relations with a woman after she had come under the marital canopy, but had not consummated her marriage, he is strangled to death.

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10:6 By Tradition we know that non-Jews are also forbidden to cross-breed animals, and are not permitted to graft trees, only110. They are not executed for these violations. A non-Jew who hits a Jew, even if he just injures him a bit, is not executed, even though he deserves it.

Ссылаются нормы: AgainstKilayim, CrossbreedingBreaksAbstention, DutyAgainstKilayim, GraftingBreaksAbstention

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10:7 Circumcision was only commanded of Abraham and his descendents, as it says, “You and your descendents who will follow you throughout the generations” (Genesis 17:9). Ishmael’s descendents are excluded from this Commandment, as it says, “For through Isaac shall your descendents be called yours” (Genesis 21:12). Esau is excluded since Isaac said to Jacob, “and he shall give the blessing of Abraham to you and to your descendents” (Genesis 28:4). Since he, alone, was the descendent of Abraham who stood fast with his religion and his upright ways, it is his progeny who were commanded with circumcision.

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10:8 Our Sages have said that the sons of Ketura, those who are the descendents of Abraham who came after Ishmael and Isaac, are obligated with (the Commandment of) circumcision. However, today, since the descendents of Ishmael have commingled with the children of Ketura, all of them are obligated with circumcision on the eighth day. However, they are not executed111.

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10:9 A non-Jew who busied himself with Torah is liable with his life112. He must involve himself in their Seven Commandments only. Similarly, a non-Jew who “rested” as one would on Shabbos, even on a weekday, is liable with the death penalty. There is no reason to mention (that he is culpable) if he invented his own holiday. The principle here is that we do not permit them to make a new religion and create new commandments for themselves based on their own reasoning. They may only become Righteous Converts and accept upon themselves all the Commandments, or they must observe their own (Seven) Laws only, and not add or detract from them. If a non-Jew busied himself with Torah or made Shabbos or made up something new, we give him lashes and punish him and tell him that he is liable with the death penalty for doing this. But he is not executed.

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8:1 Those courageous soldiers (or front-line troops) who cross the borders into non-Jewish lands, capture them and take prisoners are permitted to eat non-Kosher meats69, swine and so on, if they are hungry and could not find anything to eat except for these forbidden foods. They may also drink wine offered in the service of idolatry. By Tradition we have learned that “houses filled with all good” (Deut. 6:11) means beheaded boar, and the like.

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8:10 Moses our Teacher did not bequeath the Torah and the Commandments to anyone but to Israel, as it says, “the Heritage of the Congregation of Jacob” (Deut. 33:4), and to anyone from the other nations who wishes to convert, as it says, “as you, as a convert” (Numbers 15:15). However, no one who does not want to convert is forced to accept the Torah and the Commandments. Moses our Teacher was commanded by the Almighty to compel the world to accept the Commandments of the Sons of Noah. Anyone who fails to accept them is executed. Anyone who does accept them upon himself is called a Convert Who May Reside Anywhere79. He must accept them in front of three wise and learned Jews. However, anyone who agrees to be circumcised and twelve months have elapsed and he was not as yet circumcised is no different than any other member of the nations of the world80.

Ссылаются нормы: AcceptSevenLaws, AcceptTheSevenUnderJurisdiction, AcceptanceBeforeThreeMakesGerToshav, DutyToAcceptUnderJurisdiction, PowerToAcceptTheSeven

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8:11 Anyone who accepts upon himself and carefully observes the Seven Commandments is of the Righteous of the Nations of the World and has a portion in the World to Come. This is as long as he accepts and performs them because (he truly believes that) it was the Holy One, Blessed Be He, Who commanded them in the Torah, and that is was through Moses our Teacher we were informed that the Sons of Noah had already been commanded to observe them. But if he observes them because he convinced himself logically81, then he is not considered a Resident Convert and is not of the Righteous of the Nations of the World, but merely one of their wise.

Ссылаются нормы: AcceptanceForItsOwnSakeMakesRighteous, OwnReasoningDefeatsGerToshav, OwnReasoningMakesMerelyWise

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8:2 Similarly, one may have sexual intercourse with a non-Jewish woman if his lust gets the better of him. But, he must not just have intercourse with her and go. Rather, he must take her home, as it says, “and when you see a Woman of Beauty among the captives” (Deut. 21:11). He may not have intercourse with her a second time until he marries her.

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8:3 The Woman of Beauty is permitted only in the hour of capture, as it says, “and you see her among the captives” (Deut. 21:11). This is applicable whether or not she is a virgin. Even if she is a married woman this Law applies since there is no concept of forbidden interpersonal relationships among the non-Jews70. From “And you desire her” (ibid.) we learn - even if she is not pretty; from “unto her” (ibid.) we learn - and not with her friend, for you may not have relations with a second one; from “and you shall take her as a wife” (ibid.) we learn - you may not take two and have relations with one and leave the other for your father or brother. From where do we know that we do not coerce her (to have relations) during the war71, as it says, “and you shall bring her home” (Deut. 21:12). He must take her back to the city72 and only then he may have relations with her.

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8:4 A Kohen, too, is permitted to have this one-time intercourse with a Woman of Beauty, for the Torah only permitted this to appease the (Evil) Inclination. But he may not marry her afterwards because she will then be a convert.

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8:5 What are the details of the Jewish Law of the Woman of Beauty? (Even) after he has had the first intercourse with her, she still remains a non-Jewess. Now, if she accepts upon herself the Wings of the Shechinoh (Holy Presence)73, she immediately74 immerses in a Mikveh for purposes of conversion. If she does not wish to do accept this, she sits in his house for thirty days, as it says, “and she cries for her father and mother, for a month of days” (Deut. 21:13). He does not prevent her from weeping for her religion75. She grows her fingernails long and shaves her head so that she will appear despicable in his eyes. She is to remain in the house with him. When he comes in, he sees her, and when he leaves, he sees her. This is done so that he will come to loathe her. He discusses matters with her in order to induce her to convert for thirty days. If she accepts and he still wants her, she converts and immerses, as do all converts.

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8:6 In all, she must wait three months: one month of wailing, and two months thereafter. He then may marry her with a Kesuba (marriage contract) and Kiddushin (sanctification). If he does not want her, he releases her on her own. If he sells her76, he violates the Negative Commandment “and you may not sell her for money, you shall not deal with her as a slave, because you have humbled her” (Deut. 21:14). The sale is invalid and he must return the money. If he first had relations with her and then seized her for the purposes of making her a maidservant, once he uses her as such, he violates a Negative Precept, as it says, “you shall not deal with her as a slave” (Deut. 21:14), that is, he must not have her serve him.

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8:7 If (at first) she does not want to convert, (we) talk with her repeatedly for twelve months. If she still doesn’t want to (fully) convert, she may accept the Seven Noahide commandments, and he sends her away on her own. She then has the same status as any other Resident Convert. He cannot marry her, for we cannot marry anyone who has not fully converted.

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8:8 If she became pregnant from their first intercourse, the child is a convert. However, it is not the father’s child in every respect77, since the mother was a non-Jewess. However, the Court immerses the child with (without?) their consent78. Tamar was born from a first intercourse with a Woman of Beauty, while Avshalom was born after the wedding. Thus Tamar was (Halochically) Avshalom’s sister on their mother’s side (only) and she was permitted to marry Amnon, as it says, “now speak with the king, for he will not withhold me from you.” (II Samuel 13:13).

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8:9 A Woman of Beauty who does not want to forsake (her) idolatry after the twelve months is executed. Similarly, we do not make a treaty with a city which came and made peace with us until they completely relinquish their idolatry, destroy its places, and accept the rest of the Commandments commanded of the Sons of Noah. For any non-Jew who is under our jurisdiction and fails to accept the Noahide Commandments is executed.

Ссылаются нормы: AcceptTheSevenUnderJurisdiction, DutyToAcceptUnderJurisdiction

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9:1 Adam, the first man, was commanded with six commandments: 1) idolatry, 2) “blessing” (euphemistically) the Name (of G-d), 3) murder, 4) illicit sexual relations, 5) thievery and, 6) establishing a system of justice. Even though all of these have been received as a Tradition from Moses our Teacher and we can understand the rationale for them, nevertheless, from (verses in) the Torah (we learn that) it was these that they were commanded. A seventh commandment forbidding the eating of a limb torn from a live animal was added for Noah, as it says, “Even flesh, life is in the blood, do not eat of it” (Genesis 9:4). These commandments were universally applicable - until Abraham. With Abraham, circumcision was also commanded and he prayed Shacharis (the Morning Prayer). Isaac separated out a tithe and added another prayer in the afternoon and, with Jacob, the prohibition against eating the sciatic nerve was added, as was the Maariv (Evening) Prayer. In Egypt, Amram was commanded with other precepts82 and, with Moses our Teacher, the Torah was completed.

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9:10 He is liable for punishment for eating any amount of the limb of a living animal or the flesh from a living animal. For measures and sizes were given for Israel only. Non-Jews are permitted to consume blood from a live animal.

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9:11 The Law is the same regarding a limb or flesh which separated from the animal or beast. However, it appears to me, that a non-Jew is not executed for eating the limb of a live bird.

Ссылаются нормы: BirdLimbDefeatsCulpability

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9:12 Any limb or flesh which falls off of a slaughtered animal, even though both its signs99 were cut is forbidden to the non-Jew because of the prohibition of eating a limb from a live animal as long as the animal is still quivering about100.

Ссылаются нормы: QuiveringCarcassIsLivingFlesh

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9:13 Anything which is forbidden to a Jew because of the prohibition of eating flesh from a live animal is also forbidden for a non-Jew. There are cases when it would be forbidden for a non-Jew, but not for a Jew. For a non-Jew, there is no difference if it is an animal or a beast, whether it was a non-kosher (species of) animal or a kosher (species of) animal. In all these cases, non-Jews are obligated in the prohibition of eating a limb or flesh from a live animal. Limbs and flesh which separated from the quivering animal are forbidden to a non-Jew because of this prohibition, even though a Jew slaughtered it through both its signs.

Ссылаются нормы: LimbOfLivingMakesCulpable

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9:14 What must they do to fulfill their requirement regarding the Law of Justice? They have to set up magistrates and judges in each district to judge the people with regard to these Six Commandments; and they must issue warnings (about them) to the people. A non-Jew who violates one of the Seven Commandments is executed by means of the sword. 101How is this so? Anyone who worships idols or blasphemed or murdered or had sexual relations with one of those forbidden to him or stole even less than the value of a Prutah or ate any amount from a limb or the flesh of a live animal or saw someone else violate one of these and failed to judge and execute him, is himself executed by means of the sword. It was for this reason all residents of the City of Shechem deserved to be executed. For Shechem kidnapped102, and they saw and knew and failed to judge him. A non-Jew is executed by the testimony of one, and with one judge, without forewarning, and by the testimony of relatives, but not by the testimony of a woman103. A woman may not judge for them.

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9:2 A non-Jew who worships idols is culpable83, if he worships the idol in its own peculiar way84. Any type of idolatry which would result in the death penalty in a Jewish Court, would be cause for a non-Jew to be put to death. Similarly, any act committed for which a Jewish Court would not assign the death penalty, would not be cause for the execution of a non-Jew. Yet, even though he would not be executed, all (acts) are forbidden (to him). We do not allow them to set up a monument nor plant an (idolatrous) Ashera tree nor make (human) forms, and so on, even for decorative purposes.

Ссылаются нормы: AgainstIdolatry, DutyAgainstIdolatry, IdolWorshipBreaksAbstention, IdolWorshipMakesCulpable

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9:3 A non-Jew who “blesses” the Name, whether he “blesses” with one of the special Names85 or with one of the sobriquets86, in any language, is liable. This is not so with a Jew87.

Ссылаются нормы: AgainstBlasphemy, BlasphemyBreaksAbstention, BlasphemyMakesCulpable, DutyAgainstBlasphemy

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9:4 A non-Jew who kills someone, even a fetus in its mother’s womb, is executed. Even if he kills someone who has an incurable, terminal illness, or tied someone up and placed him in front of a lion or he let him starve until he died is liable since he caused someone to die. Similarly, if he killed a Pursuer88 when he could have saved his friend by merely injuring one of the Pursuer’s limbs, is also executed. This is not the case with a Jew.

Ссылаются нормы: AgainstBloodshed, DutyAgainstBloodshed, IndirectCausationIsKilling, KillingBreaksAbstention, KillingFetusIsKilling, KillingMakesCulpable, KillingPursuerAvoidablyIsKilling, KillingTerminallyIllIsKilling

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9:5 Six are forbidden to the non-Jew89: 1) his mother, 2) his father’s wife, 3) a married woman, 4) his maternal sister, 5) a male, and 6) an animal. From “and so a man will leave his father” (Genesis 2:24), we learn of the prohibition with his father’s wife; “and his mother” (ibid.) – this is learned in its literal sense; from “and cleave to his wife” (ibid.) we deduce - and not his friend’s wife; from “his wife90” (ibid.) - and not with a male; from “and they shall be as one flesh” (ibid.) - we learn about the animal or beast or bird since he and they are not of the same flesh; and it says, “she is indeed my sister the daughter of my father, but not the daughter of my mother. And so she became my wife.” (Genesis 20:12).

Ссылаются нормы: AgainstArayot, ArayotBreaksAbstention, ArayotMakesCulpable, BeastIsArayot, DutyAgainstArayot, FathersWifeIsArayot, MaleIsArayot, MarriedWomanIsArayot, MaternalSisterIsArayot, MotherIsArayot

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9:6 A non-Jew is culpable if he has relations with the one whom his father had seduced or raped. What this really means is his mother. He is forbidden to his father’s wife even after his father’s death. He is forbidden to have relations with any male, whether a minor or an adult, nor with any animal whether young or fully-grown. He alone is executed and not the animal, since an animal is only killed if it had relations with a Jew.

Ссылаются нормы: BeastIsArayot, FathersWifeIsArayot, MaleIsArayot, MotherIsArayot

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9:7 A non-Jew is not liable for punishment with regard to his friend’s wife until he has intercourse with her in the normal way, and this only after she has already had marital relations with her husband. However, if she was only engaged or she was brought under the marital canopy91, but the marriage was not as yet consummated, he is not liable for having had relations with her, as it says, “and she, one who has had relations with a man” (Genesis 20:3). To what do we refer? To a non-Jew who had relations with a non-Jewess. But a non-Jew who had relations with a Jewess, whether in the normal fashion or not in the normal fashion is culpable. If she was an engaged girl92, he is stoned, as would be a Jew. If he had relations with her after she had come under the canopy, but the marriage was not as yet consummated, he is strangled to death, as would a Jew. If he had relations with a married Jewish woman has consummated her marriage with her husband, then (the Law) is the same as if he had relations with his non-Jewish friend’s wife, and he is killed by means of the sword.

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9:8 A non-Jew who had relations with a maidservant who he united93 with his slave is executed because of the prohibition of having relations with his fellow’s wife. He is not culpable unless it was publicly known that she belonged to such and such a slave. From when is she considered permitted94? When he separates her from his slave and shakes loose her hair in the market. And when is one of their95 married women considered like one of our divorcees? From the time he expels her from his house and sends her off on her own, or from when she leaves on her own from his property. For the Gentiles do not have a written bill of divorce96 and the matter is not dependent upon him alone. Rather, whenever either he or she wishes to separate97, they (may) separate.

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9:9 A non-Jew is liable to punishment because of thievery whether he stole from a non-Jew or a Jew, whether he stole or robbed money or kidnapped or withheld an employee’s wages or the like. Even if he was a worker and ate98 at a time when he wasn’t working, he, too, is a thief and is culpable, which is not the case with a Jew. A non-Jew is liable for thievery for stealing even the value of less than a Prutah (penny). If a non-Jew stole less than the value of a Prutah, and another came and stole from him, both are executed.

Ссылаются нормы: AgainstRobbery, DutyAgainstRobbery, EatingOffDutyIsRobbery, KidnappingIsRobbery, RobberyBreaksAbstention, RobberyMakesCulpable, TakingByForceIsRobbery, TheftIsRobbery, WithholdingWagesIsRobbery