The Rebbe Gets Ger

Likutei Sichot of the Lubavitcher Rebbe, zy”a, volume 31, Mishpatim:

The Rambam wrote (Hilchot Shabbat 20:14), Just as a person is commanded to cause his animals to rest on the Sabbath, so too, he is commanded that his slaves and maidslaves rest, as it states (Exodus 23:12) states: "Thus your ox and your donkey may rest, and the son of your maidslave and the foreigner (הגר) may be refreshed."

The slaves and maidslaves whom we are commanded to have rest [on the Sabbath] are slaves that have been circumcised and have immersed themselves [in the mikveh], so that they be granted the status of slaves who have accepted the mitzvot that slaves are obligated to observe. By contrast, slaves who have not been circumcised and have not immersed themselves, but have merely accepted [the observance of] the Seven [universal] laws commanded to the descendants of Noach, are considered equivalent to "Resident aliens (Gerei Toshav)" and are permitted to perform [forbidden] labors for their own sake in public as the Jews may during the week.

[One might ask:] Since a resident alien may perform [forbidden] labors on his own behalf on the Sabbath, and a convert is considered equivalent to a native-born Jew in all matters, who is referred to in the phrase, "Thus the son of your maidslave and the foreigner [הגר] may be refreshed"?

This refers to a Ger Toshav who is an employee of a Jew, such as “the son of [his] maidslave.” Such a Ger Toshav may not perform [forbidden] labors on behalf of his Jewish master on the Sabbath. He may, however, perform [such labors] on his own behalf. Moreover, even if this foreigner is a slave [belonging to a Jewish master], [this foreigner] may perform [labors] for his own sake [on the Sabbath].

 In the same manner that a man is commanded to cause his animal on Shabbat, so too he is commanded to rest his slave, as it says: “So that you shall rest your ox and your donkey and rest your slave and the Ger.” Slaves that we are commanded to rest are slaves who are circumcised and went to the mikveh in the name of slavery and accepted the mitzvoth that slaves are obligated in.  But slaves who are not circumcised and did not go to the mikveh, but rather accepted upon themselves Seven Mitzvoth that were commanded unto Bnai Noach alone, behold, they are like Ger Toshav and they are allowed to do melacha on Shabbat for themselves publicly like an Israelite on a weekday.

And this needs explaining, what is the reason that the Rambam added the din that slaves that are not circumcised and have not gone to the mikveh are allowed to do melacha on Shabbat for themselves and in the open, like a Yisrael on a weekday? And behold, also if he had written “only allowed to do melacha on Shabbat for themselves” and nothing else, i.e. without the additional phrase “in the open…” it would have been implied that this allowance would not exist at all. In simple terms, it appears that the source and the reason of this addition is according to the language of the Beraita, which is the source of the halacha.  Ger Toshav is allowed to perform melacha on Shabbat for himself like a Yisrael on chol hamoed…Rabbi Akiva says like a Yisrael on Yom Tov for food preparation…and Rebbe Yose says Ger Toshav does on Shabbat for himself like an Yisrael on a weekday.^[1]  Rabbi Shimon says one of these is Ger Toshav and one is acum. Slave toshavim do melacha on Shabbat for themselves like a Yisrael on a weekday.  And on this, Rav Ada Bar Ahava said that the halacha is like Rabbi Shimon and the Rambam quotes the words of Rabbi Shimon like Yisrael on a weekday, and this is the basis of all the shittot.  But in reality, this is not enough to explain the addition of the Rambam. Since the Rambam does not bring conflicting opinions, and all the opinions point toward his being allowed to perform all melacha.  Yet the Rambam did not write the halacha this way.  The Rambam’s kavanah was not to emphasize the shitah of Rabbi Shimon and the Beraita, but to add the words: “in the open” which was not contained in the words of Rabbi Shimon. The Beraita’s intention was to show what and how melacha could be performed, while the Rambam’s addition was unique and highlighted the words “in the open.” The Radvaz wrote that the Rambam added the words “in the open” to explain the Beraita and that the Rambam had the kavana because of the disagreement among the Tannaim in the Beraita. One says it was forbidden to perform melacha in the open and was allowed only in private like Yisrael on a weekday, and the other one says that he may perform it in the open like a Yisrael on a weekday. 

However, it appears from the commentary of Rashi, that the disagreement is over which halacha is allowed and not over how he does it.  This needs an explanation. 

Why, if the halacha is [that he does melacha] like a Yisrael on a weekday, did the Rambam add the words “in the open”?

There is to say that this is why the Rambam added the words “in the open.” This situation was concerning slaves who were not circumcised and have not gone to the mikveh.  In such affairs, it would seem that since he is not circumcised nor having gone to the mikveh, he appears to be preparing to come into the category of a kosher slave, a complete slave.  This slave, then, does not want to ruin his potential status, and he remains without circumcision or mikveh.   And he is to perform melacha in private and not in the open.  It goes without saying that after he receives circumcision and mikveh he is obligated to keep Shabbat in full, and one can apply the Rambam’s addition to refute the thought that he may think that he can still violate Shabbat in the open for the Rambam’s additional phrase only applies to one who has not received circumcision or mikveh.  The words of the Rambam are the category of Mishpatim 23:12… “Rest your slave and the Ger.”  

And thus, these are the words of the Rambam in Hilchot Shabbat 20:14 concerning our verse, since a Ger Toshav does melacha for himself on Shabbat.  And Ger Tzedek, behold, he is like a Yisrael in every matter with what is said “v’yinafesh  ben amatecha v’hager – and the son of your maidservant and the Ger shall find repose.”  This is a Ger Toshav who is a hired worker of a Yisrael, and he is like a slave in that he cannot do melacha for his master, Yisrael, on Shabbat, but for himself he may.  And even if this Ger was his slave, behold, he may do melacha for himself.   And behold, the Rashba holds like the Rambam in that he wrote that this is speaking about a hired worker of a Yisrael.  And he holds that any Ger Toshav, even if he is not a hired worker of a Yisrael, may not do melacha for Yisrael.  So, too, an uncircumcised slave, for he is like a Ger Toshav.  

Just like a Ger Toshav is forbidden to work for us even though they are not conquered by us, when the Torah forbade an uncircumcised slave, they are forbidden to do melacha for any Yisrael.  And the Maggid Mishneh rules like the Rashba, for the subject can only do melacha for himself.  And he wrote that the sachir, the hired worker, in the present day is a Slave Toshav and a Ger Toshav, and his being forbidden to do melacha for any Yisrael is from the Torah.  

However, the Alter Rebbe in his Shulchan Arukh HaRav says that the words of the Rambam on our verse concerns a Ger Toshav who the hired worker (sachir) of a Yisrael, just like “amatecha – your female slave,” that the Maggid Mishneh specifically wrote “sachir,” for the main prohibition is because he is his sachir.  And only a Ger Toshav who is the sachir of a Yisrael is forbidden to do melacha for Yisrael, and not all non-Jews function as sachir.  For it needed to say that a sachir is similar to “amatecha” (your female slave).  And this is a Ger Toshav for our verse [in Mishpatim] only when Yisrael is on their Land.  

For then, we do not accept anyone who has not accepted the Seven Mitzvoth, and this is why it says Ger Toshav is allowed to dwell among us.  This is a Ger Toshav who comes to be a sachir.  He is considered conquered by us and is like an slave in the matter of Shabbat, like an maidservant (slave) mamash.  And he may not do melacha for his master.  And it comes out that the Rambam and Rashba argue if a Ger Toshav who is not a sachir of a Yisrael carries the commandment to be rested on Shabbat.  On this we find a difference of opinion between Rambam and Rashba in this halacha.  

The Rashba writes that if it was a slave and does a melacha for his master, but it was not intended by his master and it is clear it was unintentional, he need not stop doing it. The Rambam argues that even if it is unintentional it is forbidden.  And there is to say that the argument is in the framework of the mitzvah contained in the verse, “…and the Ger find repose.” and it could be explained in two ways. 

(a) One view is that the mitzvah is only specifically commanded upon the Yisrael, and not to the ama (slave) or the Ger themselves. The commandment to rest falls on the Jewish master.  And they cannot do work for their master or it is his transgression. 

(b) The other view is if the mitzvah falls on the son of the slavewoman and the Ger, as well.  As slaves of Yisrael they have a command to rest on Shabbat. Yet the mitzvah is that the Yisrael can’t be served by them with melacha.  Even though they may still do melacha for themselves, the prohibition of melacha is not for themselves, but rather in relation to Yisrael. But when they do melacha for themselves, it is not considered in relation to Yisrael and then they are not considered a slave to Yisrael and they have no obligation to rest in that capacity.

And this is the source of the argument between the opinion of the Rashba and the Rambam. According to the shitta of the Rashba, the Torah warns us that our melacha should not be done by our slaves nor by Ger Toshav.  They should be rested.  He may not do the melacha of his master, especially when he is considered conquered under our hands. 

Along these lines, it is forbidden for an uncircumcised slave or Ger Toshav that is not conquered to do melacha for a Yisrael who is not his master, for this is akin for the Yisrael doing melacha for himself.  Only non-melacha he may do Scripturally for a Yisrael. 

Not so for Rambam.  Resting on Shabbat for a slave or Ger Toshav applies to  themselves.  And therefore, the prohibition is only for Ger Toshav who is a sachir to Yisrael, for then he is [considered] conquered under our hands and he is like a total slave, like the Alter Rebbe said.  Since he is considered subjugated, he is considered commanded to rest on Shabbat.  Therefore, Rambam holds that if a Ger Toshav does melacha for his Yisrael master, even unintentionally, this is forbidden.  For the prohibition requires that the Ger Toshav himself must rest. And on the other hand, a plain Ger Toshav who is not a sachir of Yisrael who does melacha for Yisrael, even if the command of his doing melacha is for Yisrael, this is not forbidden Scripturally.  For a Ger Toshav like this is not obligated to rest on Shabbat, since he is not considered a total slave of a Yisrael. 

And with this we need to add an explanation to the language of the Rambam that differs from the Gemara. As it says in Keritot 9a, “Ger Toshav is allowed to perform melacha on Shabbat for himself like a Yisrael on chol hamoed…Rabbi Akiva says like a Yisrael on Yom Tov for preparation of food…and Rebbe Yose says Ger Toshav does on Shabbat for himself like an Yisrael on a weekday.^[2]  Rabbi Shimon says one is Ger Toshav and one is acum.”

And this needs an explanation.  Why did the Rambam change the language of Rabbi Shimon? The Beraita, it turns out, is not arguing about how to do melacha, in reference to the Tanna Kamma, in reference to Rabbi Akiva.  But rather if the Ger Toshav and slave are forbidden to do melacha for themselves, and then melacha for themselves becomes permitted, it means that it is merely a heter to do complete melacha for themselves.  

And not so for Rabbi Yose and Rabbi Shimon, who say in the first place they have no prohibition on themselves.  The only prohibition is they shall not do melacha for their master.  And it turns out that this melacha that they do for themselves is not a heter (permission), but they are allowed melacha for themselves. And they may do so optimally, for they are not in the framework of Shabbat altogether.  And with this we answer the reason of Rambam of why he focuses on they are allowed to do melacha for themselves right from the start, and optimally. Thus Rambam adds “in the open” for Rambam says that this is a slave who has a din of Ger Toshav and he has complete permission to do melacha for himself even in the open. In order to explain the reason why, in truth, we do not forbid him to do melacha for himself even in the open, the Rambam wrote “like Yisrael on a weekday” and not “like a nochri,” which is to say that a nochri is allowed because he has no connection to Shabbat and the only prohibition is that he cannot  perform melacha for his master. Rather the reason of the permission to do melacha for himself it says like a Yisrael on a weekday. 

That just like there is melacha for Yisrael on a weekday and it cannot be because he has no connection to Shabbat.  For the reason a Yisrael does melacha on a week day is not because he has no connection to Shabbat, rather it because it is a weekday which does not push aside the fact that [the Yisrael] is still forbidden to do melacha on Shabbat, only now it is a  weekday.  Behold, this is like an slave who has a din of Ger Toshav who has a connection (shaichut) to Shabbat.  But his shaichut is only to the melacha of his master which is not so concerning the melacha he does for himself as though it were a weekday.  And since his melacha is like a Yisrael on a weekday, it is obvious then that he may do melacha in the open.

We brought above the Shittot Rambam and Maggid Mishneh who hold like Rashba, that even if he is not a sachir Yisrael it is forbidden for him to do melacha for Yisrael. His only allowance is for himself.

There is another difference between the views of the Maggid Mishneh and the Alter Rebbe. The Alter Rebbe holds that according to the Rambam, a nochri who did not accept the Seven Mitzvoth is not included in the prohibition, because only a person who keeps Seven Mitzvoth is commanded by the Torah for the sake of Yisrael.  This is not like the Rashba who holds that an eved who did not take on Seven Mitzvoth and even an acum is commanded to rest on Shabbat on behalf of Yisrael. This is not so for the Alter Rebbe who wrote that the Rambam does not consider the Seven Mitzvoth as factor in Shabbat melacha. And he wrote that according to the Rambam, a sachir is forbidden to do melacha for his master even if he didn’t accept the Seven. 

And there is a difference between the view of the Alter Rebbe and view of the Maggid Mishneh that there is a Torah level Shabbat on the eved and the Ger Toshav themselves and there are two explanations: 

1. [The mitzvah is  in their] connection to Yisrael; since the eved is owned by his master and the Ger Toshav is conquered under our hands, therefore, they must observe Shabbat inasmuch as they are forbidden to do melacha for their master.

2. [The mitzvah is] that they themselves are connected to dinei Yisrael and Torat Yisrael, which is the opposite reason from being connected to Shabbat  only through their connection to Yisrael. Thus, one who accepts Seven Mitzvoth Bnai Noach of Ger Toshav has shaichut to Torat Yisrael, as it was written in Rambam Hilchot Melachim 8:10-11. 

And how does one accept the Seven Mitzvoth?

1. He comes before three Jews.    

2. This is so because it is written in the Torah of Moshe that [Ger Toshav] has an attachment and shaichut to Torat Yisrael, for behold, he accepted upon himself Torat Yisrael and it shaiach to him, that is to say that Shabbat day is relevant to him and it is not a plain day and it comes with command for themselves, but it is called Shabbat Yisrael. 

And here, the Maggid Mishneh holds that according to the Rambam, the resting on Shabbat of an eved and Ger Toshav is not because of relationship of property or money to Yisrael, but rather because of their shaichut to dinei and Torat Yisrael.  And Rambam says this himself in context of accepting Seven Mitzvoth of Ger Toshav. 

And therefore, in matters shaiach to Yisrael, when doing melacha for Yisrael this is prohibited under shvitut Shabbat.  Therefore, the Maggid Mishneh explains that the view of the Rambam that a sachir is lav davka, rather any melacha for Yisrael is prohibited, since the reason is that that he is called a Ger Toshav (or slave since they accepted upon themselves Seven Mitzvoth that were commanded the sons of Noach, and behold, they are like Ger Toshav^[3]) and from the other view, acum who have not accepted the Seven Mitzvoth Bnai Noach are not forbidden to do melacha for Yisrael, for it is impossible for them to relate to Shabbat which is not so according to the Rashba.  He does not need this din since according to his view, every prohibition is only for the sake of a Jew’s resting.

According to the Rogatchover Gaon, the Ger Toshav in our time and in the time of the Temple are different with respect to whether or not he needs acceptance in Bet Din. This is because there is a possibility in our time to influence the Nations of the world to observe the Seven Mitzvoth. The Rogatchover held that the differences concern the two halachot of the Rambam.  In Halacha Issurei Biah 14:7 he wrote: “Who is a Ger Toshav…” this is an acum who accepted upon himself not to serve idols and constellations, along with the other laws commanded to the Children of Noach.  And in Hilchot Melachim 10:10, he wrote,  “B’nai Noach who want to do the other mitzvoth of the Torah in order to receive a reward, we do not prevent them from doing it, and they are allowed to do them in accord with the halacha.”^[4]  And he holds that the laws of Issurei Biah speak about accepting gerut and bet din.^[5]  Therefore, he is considered like a Ger Toshav.  And in Hilchot Melachim, it says that if he did not accept his gerut in Bet Din, or in a time when the Jubilee Year is not observed, then he is in the category of a Ben Noach. That is to say that the view of Rambam has two perspectives:

Ger Toshav who accepts the Seven Laws in bet din before three Jews. Ben Noach who does not accept them in bet din or a time where there is no Jubilee, a time when we do not receive him, but if he accepts the Seven Mitzvoth upon himself, we have a commandment to support them.^[6] 

The differences in simply keeping seven mitzvoth B’nai Noach and accepting them upon himself as a gerut in Bet Din is as follows: in the din of the Ger in his giur as a way of keeping the mitzvoth, we find two laws in the Rambam, with two different names; in Hilchot Issurei Biah 14:7 we obligate Ger Toshav, not because he only keeps seven laws of Noah, but also because he additionally took it upon himself not to serve idols. And in Hilchot Melachim, behold, even though he is called a Ben Noach, we can even allow him to keep the rest of the mitzvoth of the Torah according to the halacha. And the Rogatchover Gaon explained these two distinctions. And the Ger Toshav, by specifically rejecting idol worship with kabbalah, is now warned on shittuf. This goes well with the shitta of  Rebbe Meir in Avodah Zara 64b.

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^[1] From here, we see that two of the three Tannaim sourced here held that the Ger Toshav has restrictions on his performance of melachot on Shabbat. This is a clear expression of their view that the Ger Toshav is Shabbat observant.

^[2] From here, we see that two of the three Tannaim sourced here held that the Ger Toshav has restrictions on his performance of melachot on Shabbat. This is a clear expression of their view that the Ger Toshav is Shabbat observant.

^[3] That is to say, we do not compare Ger  Toshav to an eved, rather we compare an eved to a Ger Toshav. The touchstone is the Ger Toshav.

^[4] You might think he can only do the mitzvoth in a simple manner, but no, he can even do them like a Jew.////////

^[5] See the Rashba above, where he includes the Ger Toshav in any discussion of gerut.

^[6] The Lubavitcher Rebbe, zy”a, is specific in his view that the Rambam in Hilchot Melachim holds that even though he is called a Ben Noach, he is allowed to observe the rest of the mitzvoth of the Torah, including resting from melacha on Shabbat themselves. And true to the girsa of the Rambam, only the acum idol worshipper is forbidden to rest on Shabbat.