Rulings about the Seven Noahide Commandments and Conversion \\
Before Rabbi Moses explains the Seven
Noahide Commandments in this chapter, he addresses issues
concerning the following verses (Deuteronomy
10 If you go out [of the Land of Israel] to wage war against your enemies, andG-d delivers them into your hand, and you take captives [from your enemies] / 11 – if you see among the captives an attractive woman and you desire her [as a woman], you may take her as your wife. 12 But, you must take her into your house. Then she shaves her head and grows her nails. 13 She then takes off her [stylish] clothing, lives in your house, cries over [the loss] of her father and over [the loss] of her mother for an entire month. Afterwards, you may sleep with her, but she becomes your wife. 14 If it happens that you no longer desire her, you may divorce her. However, you may not sell her [or give her away] as you do with a piece of property. [Also,] you may not [keep her or] use her as a servant. The reason [for these restrictions] is that you forced her.
The subject of the above paragraph from the text of the Torah is called the "attractive captive woman." Before reaching Negative Commandment 365, Rabbi Moses of Trani dedicates most of the first part of chapter 8 for addressing rulings about this "attractive captive woman." He rules that when Scripture says "you may take her as your wife" (verse 11) this means that this Israelite soldier is allowed only one act of intercourse so long as she has not converted to Judaism. The idea of "wife" in this context means that he must bring her to a place where they are secluded in privacy as he would with his wife.
The next two lines are my translation of Negative Commandment 365.
He [the Israelite soldier] may not keep her as a servant or slave. [The reason for this prohibition] is that he has already slept with her.
[This legal ruling is derived from the] written words:
you may not use her as a servant
From here on, Rabbi Moses presents rulings
which concern this woman's
If this woman [the "attractive captive woman"] does not want to convert [to Judaism], we are patient with her for twelve months. This is the same ruling that concerns [a newly acquired or freed] slave.
If after these twelve months she still does not want to convert [to Judaism], she then has to accept the Seven Noahide Commandments. Then she is free to go away. She is like any [other] "resident convert" (ger toshav *). They [are not Jewish but] are allowed to live in the Holy Land.
If she became pregnant from that one time [with the
Israelite soldier], the child is a convert [according
to the mother's
[However,] the Israelite soldier is not considered the
father of the child in any way [in any situation]
since the child was born to a
If she [the "attractive captive woman"] does not want to abandon idol worship, she is executed [if so judged by the Sanhedrin Supreme Court when this court is sitting in its place next to the Holy Temple in Jerusalem].
[This is the same ruling] as for any city that surrendered [to an Israelite army].
Israelites are not permitted to negotiate a peace treaty
with the population [of such a city]
they reject idol worship, and
they accept the other [six] Noahide commandments.
However, Israelites do not force anyone [who is not Jewish] to convert to Judaism [literally, "to accept Torah and commandments"].
[We derive this ruling from the verse in Scripture where] it
is written, "[The Torah that Moses commanded us is] an
inheritance for the congregation of Jacob"
(Deuteronomy
He [Moses, our master,] only bequeathed the Torah to the people Israel, and [also] to anyone [from any other nation] who wants to convert, as it written [in Scripture] "the convert is exactly like you [in every way]" (Numbers 15:15).
However, we [Jews do] use compulsion when it comes to the Seven Noahide Commandments.
This is something that Moses commanded [us] from what he heard from the Almighty
that Gentiles accept them [the Seven Noahide Commandments].
But if not, they [Israelites] execute them.
And, a person who accepts them [these Seven
Commandments] is a "resident convert"
[But only] when this person accepted [these
commandments upon himself/herself] because
End of Chapter 8
Kriyat Sefer - "Reading a Book" (kree YAHT SAY fehr or KREE yaht SAY fer). The "book" is a compilation of the 613 Commandments in the Torah for the Jewish people. Rabbi Moses tells us that he has left off one letter in spelling kriyat – the letter alef. The four remaining letters hint at tav resh yod gimmel. When these letters are used as numbers, they add up to 613 – the number of commandments. (Gimmel is exchanged for koof, letters of the same family.)
Rabbi Moses son of Yosef of Trani - by abbreviation, known as the "Mabit" (MAH beet); Yosef is Hebrew for Joseph.
Trani (Italy) - A coastal city on the Adriatic Sea in the Apulia region of today's Italy. In the 15th century, at the beginning of the Renaissance, this city was in the Kingdom of Naples, in the Capitanata region. The Kingdom of Naples itself was subject to the Kingdom of Aragon (The Penguin Historical Atlas of the Medieval World by Andrew Jotischky and Caroline Hull. London: Penguin Books, 2005. Map on p. 127; contemporary atlases).
Rabbi Moses was actually born in the Balkans, across the Adriatic Sea at distance east of Albania in Thessaloniki (Salonica; now a city in northern Greece) about three years after his family fled persecution of Jews.
The population of today's Trani seems to be about only double the figure in the 15th century – 25,000 then to about 56,000 in 2011.
Rabbi Moses son of Yosef - He finished writing Kriyat
Sefer around the year 1553 (5313 am). He was probably born in 1490 and
lived at least until 1575. Rabbi Moses was a contemporary of
Rabbi Joseph Karo
Code of the Way of Life - Code of Jewish Law
Shulchan Aruch - shool KHAHN ah ROOKH or SHOOL khahn AW rookh
glosses - concerning the conduct of Jews in Europe. Rabbi Karo ruled according to the ways of Jews in North Africa and those who had fled Spain at the time of the Catholic Inquisition, 1492.
Halacha - the 'way of going'; in other words, the Jewish way of going through life (hah lah KHAH, hah LUH khuh).
Both Rabbi Joseph Karo and Rabbi Moses were
disciples of Rabbi Ya'akov Bei Rav
Deuteronomy 21:10-14
If you go out [of the Land of Israel] to wage war - This passage from the Torah first applies to the Israelites after they have conquered the Land of Israel and have settled it.
If you - The Hebrew word for 'you' is singular. This passage addresses each soldier individually.
an attractive woman - attractive to the soldier. This passage addresses the passion of an individual man. The only criterion is that "you desire her."
may take her - In Hebrew, 'take' does not imply
force. Actually, she must consent. This passage in the
Torah has never been taken as permission to rape a woman.
Instead, the Torah is providing an outlet so that no women are
raped by Israelite soldiers. As it is, the leaders of an
Israelite
you may take her - Only one act of intercourse is permitted until he observes the instructions in verses 12 and 13.
you may take her - her and her alone; only one woman in one war.
as your wife - As I explained above, the idea of "wife" in this context means that he must bring her to a place where they are secluded in privacy as he would with his wife.
But, you must take her into your house - Then, he must take her away from captivity into his house. He cannot abandon her.
She then takes off her [stylish]
for an entire month - Actually for three months. The expression 'entire' is unnecessary. It would be sufficient to say "for a month." From the Oral Tradition we learn that the extra wording teaches us an increased duration.
I do not understand the logic of three
months. As a practical matter, though, it becomes apparent
during three months of abstinence whether she became
pregnant. See the ruling below: "If she became pregnant from
that one time [with the Israelite soldier], the child is a
Afterwards - if she converts to Judaism. Otherwise,
a Jewish man is not allowed to sleep with
she becomes your wife - like any Jewish-born wife.
you may divorce her - "If it happens that you no longer desire her" is not to be taken literally. This is a warning. Is one moment of indulgence worthwhile?
you may divorce her - Divorce for any marriage is not desirable, but it is permitted.
you may not sell
you may not [keep her or] use her as a servant - Divorce severs a relationship completely, especially for an "attractive captive woman."
you forced her - The soldier must behave with greater sensitivity to her autonomy because he set in motion the entire sequence of events.
Negative Commandment 365
Negative Commandment - something prohibited
he has already slept with her - He used her for his pleasure and satisfaction that one time. As I wrote above, the soldier set in motion the entire sequence of events, so he lives with the consequences.
Rulings about Conversion and the Seven Noahide Commandments
she then has to accept the Seven Noahide Commandments - Israelites are otherwise not allowed to keep a Gentile around their household. This ruling as well as some others in chapter 8 are only observed when the Holy Temple in Jerusalem is standing.
However, Israelites do not force anyone to convert to Judaism
- No part of the Jewish religion has ever shown any inclination
about the whole world being Jewish. Judaism teaches how
there have been two covenants with
This ruling is from what is written in Scripture, Deuteronomy 33:4 – "[The Torah is] an inheritance for the congregation of Jacob" - because Moses commanded us Jews and not anyone else. This command is to study the Torah, preserve it, and pass it on faithfully to the next generation without alteration. In Rabbi Moses' Introduction he writes that "each of the 613 Commandments written in the Torah needs its meaning from the Oral Torah. For this reason, the Oral Torah is called 'Torah' [just as the written Scriptures are called Torah]." This entire unified body of a Written Tradition fused with an Oral Tradition belongs to Jacob's children.
inheritance - Every member of the congregation of Jacob is a full owner of the Torah regardless of background or upbringing. "The congregation of Jacob" refers to all of Jacob's children through the maternal line. This is to say, all the children of the Matriarchs, the wives of Jacob – Leah, Rachel, Bilhah, and Zilpah. The next generation of the congregation consists of the children of the Matriarchs' daughters. Thereafter, the descent is through the granddaughters, and so on. Converts also become full members of the congregation, and woman converts pass this identity to their children like any other Jewish woman.
our master - more often translated as "our teacher" or "our rabbi."
bequeathed - given over as an inheritance; both the obligations and the privileges.
the Torah - the obligation to observe all the 613 commandments.
the people Israel - the congregation of Jacob, as explained above.
who wants to convert - become a Jew.
the convert is exactly like you - No Jew, convert or native born, is a second class citizen.
we use compulsion when it comes to the Seven Noahide Commandments - Compulsion is an option in the Land of Israel under full Jewish authority. Otherwise, guidance and persuasion are called for.
Moses commanded [us] from what he heard from the Almighty - Rabbi Moses of Trani identifies the source for using compulsion. There is no obvious source verse, and there is no legal deduction from this set of rulings. The source for the death penalty is also what Moses himself heard.
that Gentiles accept them - All human beings are subject
to
But if not, they [Israelites] execute them - while living in the Land of Israel under full Jewish authority, living by the Laws of the Torah. Under these circumstances, Jews have to establish the Supreme Sanhedrin Court in Jerusalem. The Gentile is entitled to a trial before this court with witnesses and evidence. The death sentence is only meted out after a trial.
"resident convert" - not Jewish, but permitted to live in the Holy Land. By observing the Seven Noahide Commandments, their behavior is not detrimental to their neighbors' proper Jewish life and does not defile the Land. Otherwise, they are considered "stumbling blocks."
[But only] because
Maimonides - my MAHN ih deez
ger toshav - GEHR toh SHAHV
Rabbi Moses of Trani assembles the sources in
the Written Torah – the Five Books of
By the end of the 14th century, several
systems and codes were available. Maimonides, one of the Three Pillars of Jewish Law, had
assembled final rulings for all parts of Jewish Law in his Code – the Mishneh
Torah * (before 1204). Rabbi Moses son of Jacob
of Coucy had composed The Large Book of Commandments
around 1236. Then Rabbi Ya'akov
Rabbi Moses fills this vacuum with this book, Kriyat Sefer. "The study of the Torah is not complete just by knowing its rulings and laws. Study is complete when we investigate and know where these rulings and laws derive from." This is a full description of the mitzvah of Talmud Torah – studying the Torah thoroughly and for its own sake.
the Five Books of Moses - The Hebrew Scriptures: the books of Genesis, Exodus, Leviticus, Numbers, and Deuteronomy.
Mishneh Torah - literally 'repetition of Torah'.
Halacha - 'The Going' meaning going in the Way of Jewish Life.
Arba'ah Turim - "The Four Columns;" ahr bah
AH too REEM or
Tur Shulchan Aruch - The Code of Jewish Law composed by Rabbi Ya'akov son of Rabbeinu Asher.
Each of the 613 Commandments written in the Torah needs its meaning from the Oral Torah. For this reason, the Oral Torah is called "Torah" [just as the written Scriptures are called "Torah"].
G-d told Moses this entirety at Mount Sinai in order: Scripture, Mishnah, Talmud,* and Aggadot,* as we see in the verse"G-d spoke all these things" – even what future students ask their teachers. The Holy One, blessed be He, said all this to Moses at Sinai. . . .The study of the Torah is not complete just by knowing its rulings and laws. Study is complete when we investigate and know where these rulings and laws derive
from – whether they are a) learned from the Written Torah according to the received meaning from Moses who learned it from the Almighty, b) whether they are derived from logic using the thirteen methods for interpreting Torah meaning, c) whether they are laws that we accept because Moses taught them even though they lack a principle or hint in the Written Torah (note \\),
or d) whether they are amendments added by later Sages for forming a fence and wall to define the domain of Torah observance. These amendments derive fromG-d's command "Protect myprotection" – protect what I am [already] protecting. [So, we see that these amendments have the full force of a Divine command.]As I will explain, this form of study has great benefit. . . .
In studying the Talmud, not everyone can determine the rulings of Jewish Law due to intricate and lengthy discussions. Similarly, when studying the Talmud, not everyone can see where each ruling derives from [as above]. We have needed the First Sages (Rishonim *) and the Later Sages (Achronim *) to let us know [how to codify each and every] law [from the Talmud].
Talmud - Usually, the Babylonian Talmud, based on the text of the Mishnah. Rulings of Jewish Law rarely come from the "other" Talmud – the Jerusalem Talmud, which was assembled by Sages in the Galilee, Israel, about a century before the closing of the Babylonian Talmud. The Jerusalem Talmud, also based on the text of the Mishnah, was closed around the year 400; the Babylonian Talmud around the year 500. So, we see that the Babylonian Talmud may contain newer material which did not make it into the Jerusalem Talmud. Also, stylistically the Jerusalem Talmud is in a different dialect of Aramaic – West Aramaic – from the Babylonian Talmud – East Aramaic. Moreover, the Jerusalem Talmud rarely deals in dialectics unlike the Babylonian Talmud.
The language of the Mishnah is terse and needs to be unpacked, which is exactly what the Babylonian Talmud accomplishes. Considering how comprehensive these discussions are in the Babylonian Talmud, Rabbi Moses writes, "not everyone can determine the rulings of Jewish Law due to intricate and lengthy discussions."
Aggadot - non-legal topics in the Talmud. It embraces "Jewish history, ethics, philosophy, folklore, medicine, astronomy, popular proverbs, pious tales, and so forth" (Louis Jacobs, A Concise Companion to the Jewish Religion. Oxford University Press, 1999).
Rishonim - the first commentators on the Talmud; rih SHOHN ihm
Achronim - the last, later commentators on the
Talmud;
When Rabbi Moses of Trani refers to the Later Sages, he
undoubtedly includes Rabbi Ya'akov ben Rabbeinu
Rabbi Ya'akov's Halachic code, Arba'ah Turim, became the template for Rabbi Joseph Karo's Shulchan Aruch: Code of Jewish Law (1563) and for a subsequent, updated, and comprehensive Code of Jewish Law, the Rav's Shulchan Aruch (1767 and onward).
[Just as we need the Earlier and Later Sages to codify every law from the Talmud for us], similarly every Torah student needs to easily know from where [in the above three categories *] the Talmudic law derives. Accordingly, it seems to me [Rabbi Moses] that here is the benefit of my effort. . . . Briefly, I explain where each legal ruling in the Torah is learned from. My method is according to the way I learned from the great rabbi of our generation, Ya'akov Bei Rav. . . . Reading this book is like reading the Five Books of Moses. [In this book] one reads the [Oral] Torah's law, and then one reads the verse in Scripture from which this law is derived or this law's derivation from the other three types of legal sources.*
Chapter 8 [of the introduction]: From what I have [already] written [in this] introduction, it is clear that one [must] be learning the Oral Torah with the Written Torah [at the same time] since the Oral Torah is the explanation [of what is written]. As we see in the wording ". . . and the Torah and the mitzvah" (Exodus 24:12), both come together [with each other] – the Written and the Oral Torah.
This is the way that Moses taught the Torah to the
Israelites – the written Torah with its oral explanation [together at the same time].*[We have reached a point in history, though, when most people] are unable to study and teach in this way. So, the First and Later Sages published legal rulings without teaching us from which verse the law stems, or whether they are laws that we accept because Moses taught them even though they lack a principle or hint in the Written Torah, or whether they are derived from logic using the thirteen methods for interpreting Torah meaning. They only had the intention to establish the laws of [our] religion on firm ground.
Even
Maimonides . . . left out the give and take and the way to learn [the Talmud] except in a fewlocations. . . . But, he still does not mention from where detailed rulings are derived (except in those few places). Nevertheless, even this is not sufficient for someone who wants to learn the Torah in units as it was given [to Moses] at Mount Sinai.So therefore, it appears to me [Rabbi Moses] that the advantage in this books extends to someone who wants to learn as above [the written Torah with its oral explanation together at the same time]. This person will learn each individual law as the Talmud concludes [with a final decision]. No one will need to explore [the extensive discussions of the Talmud].
I have briefly written the Talmud's final decision with Rashi's explanation when learning a law with the source from which it stems. What Rashi does not explain, I searched and found explanations from other commentators. However, I do not cite any names for the sake of brevity. Also, sometimes I have had to fuse the [incomplete] content from two places when studying one subject. Otherwise, a student would become confused if I cited both names [of the two commentators].
Generally, most of what I [Rabbi Moses] have written comes from the words of: *
- Rabbi Solomon Itzchaki (son of Isaac)
(1040-1105), known as Rashi,- [Rabbi Moses son of Maimon
(1135-1204), known as the Rambam – Maimonides],- Rabbi Abraham son of David of Posquières *
(1120-98), known as the "Ryvad,"- Rabbeinu Tam (one of the Tosafists *),
- Rabbi Isaac son of Samuel of Dampierre *
(1120?-1200?), known as the "Ri" (one of the Tosafists), agreat-grandson of Rashi,- Rabbi Moses son of Jacob of Coucy * (fl. 1236), author of A Large Book of Commandments (SMaG),
- the other Tosafists,
- Rabbi Moses son of Nachman
(1194?-1270?), known as the Ramban (rahm BAHN) and Nachmonides,- Rabbi Solomon son of Abraham ibn Aderet
(1235?-1310?), known as the "Rashba,"- Rabbeinu Asher son of Yehiel
(1250-1320 or 1327), known as the "Rosh (ROHSH),"- the "Ranbah," unknown to me; If this is a typographical error, read "Ranbar," Rabbeinu Nissim son of Reuben
(1290?-1380?) who wrote an explanation of Isaac Alfasi's digest of Jewish law. He is known, though, as the "Ran,"- and the rest of the commentators (through 1553 when Kriyat Sefer was composed).
I tried as best as I could to copy their words
exactly . . . so that someone who is studying carefully will realize that I did not write anything of my own. Either I searched extensively and found [pertinent] quotations from the above commentators or I derived [wording] from their words.
three categories / types of
legal sources - It seems sensible to me, Nathaniel, to
designate these three types as a), b), and
c) (above): "Whether
they are learned from verses in the Written Torah according to the
received meaning from Moses who learned it from the
Almighty (a), whether they are rulings derived from logic
using the thirteen methods for interpreting Torah
meaning (b), or whether they are laws that we accept because
Moses taught them even though they lack a principle or hint in the
Written Torah (c). Rabbi Moses will
write, though, "I
Positive Commandments - what one should do
Negative Commandments - what one should not do
248 plus 365 equals 613 Commandments.
This is the way that Moses taught the Torah to the Israelites – the written Torah with its oral explanation [together at the same time] - Scripture with comments that run with the flow of the text. See my Introduction to the Mishnah – a work in progress.
from the words of - These Sages produced commentaries or glosses on the Babylonian Talmud or digests of the Talmud during the eleventh through the fourteenth centuries. Note that Sages after the fourteenth century do not appear on Rabbi Moses' list even though he composed Kriyat Sefer in the middle of the sixteenth century. One possibility is that scholarship went into eclipse during the period of the Black Plague which began in 1348. The general European population would only begin to rebound about a century later.
Rabbi Abraham of Posquières, known as the "Ryvad" - Not to
be confused with his
Posquières - a city in Provence, now part of southeast France, on the coast of the Mediterranean adjacent to the Piedmont region of Italy.
Tosafists - Rabbis who added glosses to the Talmud during the twelfth to fourteenth centuries. These glosses are further examination of the Talmud by members of Rashi's family or by his students.
Dampierre - probably in the Champagne region of today's France
Coucy - probably in the region of Paris
I [Rabbi Moses] have decided to follow the
well-regarded structure of Maimonides' Code so that I will not miss any rulings. I briefly write the generality of Maimonides' law so that I can explain where the law stems from. [I write whether the law derives from] the Babylonian Talmud, or the Jerusalem Talmud,* or the Sifra and Sifrei, Tosefta, or Mechilta * according to what I found in these legal compositions or in the commentaries on these works.I have only concerned myself with whatever is either permitted or forbidden, innocent or guilty, ritually pure or contaminated, kosher or
non-kosher, and so on – and not extensively as Maimonides does. [He devotes four chapters to] the foundations of the religion [whereas I skip his chapters 3 and 4]. I skip the principles of prophecy, and so on. It is apparent that these issues stem from the Torah, but they are not legal rulings as such.I have also skipped over obligations which come to us from the Sages.* We learn our obligation to fulfill them from the verse, "Do not deviate from anything that they [the Sages] tell you, to the right or to the left." . . . What I skip is from my preference for brevity. . . .
In this book, I have written the laws and the chapters in the order that Maimonides set up [in his Code]. However, I have inserted the number of each commandment before the text of each law. I reckon the Positive Commandments * from the first through the 248th and the Negative Commandments * from the first through the 365th. The numberings are interspersed according to the structure of [Maimonides' Code].
I intended in my book that Maimonides' Code would serve as a useful index for most of the content here [in this book]. Also, for the sake of conciseness, I combine [Maimonides'] explanation with quotes from the Mishnah or from the Baraita * or from the Talmud.
End of Rabbi Moses' Introduction
Sifra - A book of commentary that runs with the flow of
the Book of Leviticus; also called "Torat Cohanim"
Sifrei - siff REE; A book of commentary that runs with the flow of the Books of Numbers and Deuteronomy. This title means 'books'.
Tosefta - The Abridged Rules of the Mishnah was
published by Rabbi Hiya in order to explain the ideas of the
Mishnah. He retained the structure of the Mishnah –
Mechilta - A book of commentary that runs with the flow
of the Book of Exodus; Rabbi Ishmael
All these texts were composed before the time of the Talmud. The Sages of the Talmud knew the texts of the above compositions. It is not unusual for them to quote excerpts from these compositions in the Talmud as part of their discussions. Although the Mishnah is the source for these discussions and the source of Jewish Law, sometimes the phrasing from these other compositions makes for a clearer legal ruling than the terse language of the Mishnah.
Baraita -
I
Even so, he has written, "The study of the Torah is not complete just by knowing its rulings and laws. Study is complete when we investigate and know where these rulings and laws derive from." Maimonides has told us that his Code is complete – it contains all the rulings that a student of the Torah needs to know about. For Rabbi Moses of Trani, though, Maimonides' Code serves as "a useful index." Although he subtracts from the Code, it is for the sake of adding.
Positive Commandments / Negative Commandments - see above