Sunday, May 7, 2017

What's The Deal With Ger?



                  Ger FAQ and Ikkar Klalim [main things]

1.     Ger Toshav as an official status does not exist until the Jubilee Year.

2.     Someone today can be considered like a Ger Toshav, but is still not a Ger Toshav. To accomplish being considered like a Ger Toshav, is the subject matter of deep scholarship; see Rabbi Ahron Soloveichick’s Ode Yisrael Yosef Beni Chai who wrote extensively on this subject matter. English translations are available.

3.     A Jew may not marry a Ger Toshav; all intermarriage is forbidden and will never be allowed, not even in the Messianic age. The Jewish People have accepted to not engage in this practice, and should a non-Jew wish to marry a Jewish person under Kosher circumstances, a proper halachic conversion would be mandatory. Conversion of this nature is not advised unless the conversion is for the sake of heaven. A proper conversion is when one converts to become a Torah observant Jew.  

4.  A Ger Toshav does not keep Shabbat like a Jew. They are to perform Melacha; see Krisos 9a for the prescribed manner to which this is done.

5.  A person considered like a Ger Toshav, i.e. a non-idolater has renounced all previous religion. In other words, per force, they are no longer Christian, Muslim, etc. Along these lines they are not Jewish either. They accept their role according to Jewish Faith. Jewish Faith is complete in its doctrines of how to relate to a pious person from among the Nations.

6.  A Ger Toshav is not a Shabbos Goy. Part of their commitment to God is by not doing Melacha for a Jew; they respectfully decline. For full comprehension of this law, see hilchos Shabbos; particularly the laws of when one is dangerously ill.

7.     The Torah mentions Ger nearly 100 times, and hardly ever does the term exclusively come to imply a convert to Judaism. Most times the term can apply simultaneously to a Jewish convert Ger and a non-convert Ger. This is called ribui, inclusion. The opposite is called miyut, exclusion. The Torah commentaries are complete with knowledge of when to read ‘Ger’ as a ribui or a miyut.

8.     There are levels of Ger Toshav that exist for all of time. A few examples are: A Jew who has a commandment to offer neveilah for free to the Ger Toshav as opposed to selling it to the idolater, and a non-idolater, a Ger Toshav, may be isolated with Jewish wine in the home of a Jew. Jubilee doesn’t factor into either scenario, and there are more cases that are along these lines.

9.     The Torah states many times that in the End of Days, non-Jews will return to God by their own desires, in a time when the Jewish People aren’t prepared to receive them. These returnees are called Gerim Grurim (self-returning), and this is one reason why these people are called ‘Gerim’ in short. The Torah refers to them and this dynamic as such.

10. The Rambam employs two terms for the kosher righteous gentile: Ger Toshav and ‘From the Chasidei Umot HaOlam’. The term ‘Chasid’ implies that they have done enough to be worthy of performing at a level that merits a portion of the World to Come. The term Ger Toshav implies that they have removed their foreskin spiritually enough to merit this level. The Rambam holds that by keeping the 7 Laws of Noah, with proper intent, and with proper acceptance [kabbalah], they have done the equivalent of a pre-requisite removal of their foreskin. There are two levels of circumcision; one that is by Jewish standard, and will culminate into a halachic Jewish conversion. The other is not halachic (either through physical or spiritual means) and only serves to remove the label of ‘uncircumcised’. This does not make the person a Jew in any way, but it does warrant certain benefits, such as meriting the World to Come, etc.

11.  There are two levels of kabbalah/Beit Din [in declaring Ger Toshav]: one at the time of Jubilee, which brings Ger Toshav status. This acceptance ensures that the subject is certainly not an idolater, and thus they are permitted to live in the Land of Israel. When there is no Jubilee, this is impossible to achieve, and thus certain benefits cannot come into play until this level of Beit Din is operative. A secondary Beit Din can be setup at any time and in any place. It grants Ger Toshav status on a lesser level; it is an inferior kabbalah to that of one in a time of Jubilee. It serves to renounce idolatry, i.e. shituf. It also serves to elevate the Ger Toshav to a standing of Sinai, i.e. with kabbalah they can receive reward for performing the 7 Laws of Noah as one who is ‘commanded and does’. This is called Ger Toshav, and it should not be confused with Ger Toshav status [to live in the Land of Israel] which can only happen in a time of Jubilee.

12.   An incomplete Ger Toshav (not a full Ger Toshav) is called a Ben Noah in certain places. They can perform any commandment in the Torah for the sake of receiving reward. However they will perform them on the level of one who is ‘not commanded and does’. A Jew is always considered as being ‘commanded and does’ when any of the 613 commandments are performed. A Ger Toshav [one with kabbalah] is commanded and does over the 7 Laws of Noah. Doing more is referred to as ‘A Ger who learns Torah is considered like a High Priest’. One without kabbalah comes under the status of ‘a goy who learns Torah is liable for the death penalty’. These matters require deep introspection.

13.  A Ben Noah has an inherent obligation of Talmud Torah concerning the 7 Laws of Noah. Any other Torah study must be in connection with an intention of performing a permissible deed. The Torah study is an aide in performing the deed. These laws need looked into for practical application, for ‘a goy who learns Torah is liable for the death penalty’, and a Ger who learns Torah is like a High Priest; and there is no contradiction.

14. Ger does not mean convert. Convert is one type of Ger. The terms and phrases: Ger, Ger Toshav, Ger Tzedek, etc. each carry multiple meanings; scholarship of Rabbinic Writings and mastery of the Oral Torah is mandatory.

15. An Eved Canaani is considered a Ger Tzedek; he is not a Jew, nor a convert. An Eved Canaani who is not circumcised is considered a Ger Toshav if he accepts the 7 Laws of Noah as grounds for his servitude. This level of Ger Toshav is not a Chasid, i.e. he is not righteous for having become a slave, yet the same term is used [Ger Toshav] in both instances. The Brisker Rav calls this ‘tzvei dinim’ – two laws that derive from one term/concept.

16.    There is a commandment to Love the Ger. All rule that if the Ger Toshav is not included in this precept, i.e. if it only refers to a Ger Tzedek [convert or non-convert, i.e. a slave or one who stops just short of conversion], the commandment at the very least comes to teach ethics about how to treat strangers. These strangers are called Gerim. They are real people, and they exist eternally. We are encouraged to recognize them and to treat them well. They are Gerim.

17. There are no machlokes found in Ger Toshav sources. The different opinions show a different outcome or scenario based on which Ger Toshav is factored in. For example, in Avodah Zara 64b [which is known to be one of the main sources of Ger Toshav] states two opinions [out of 4 total] as to what is the minimal level one is Ger Toshav: rejecting idolatry or accepting the 7 Laws of Noah. This is not a machlokes. Both opinions can refer to the minimum requirement  of a Ger Toshav who wishes to live in Israel, and the two opinions represent a lechatchila and bedieved prescription. In other words, the minimum is to reject idolatry, but optimally one should keep the 7 Laws of Noah properly [with kabbalah]. Since we don’t have kabbalah on the level of Jubilee today, the first opinion of rejecting idolatry/shituf is for the Ger Toshav of today, while the second opinion of properly keeping the 7 Laws of Noah is the minimum for a time of Jubilee. The entire discussion of Ger Toshav operates along these principles, and one with mastery of the subject will see that the words of the sages are without contradiction and illuminate a working system of ‘Ger Toshav’.

18. Mastery of the terminology [ikkarim] is essential, for only through mastery of the terminology can one ascertain which type/level of Ger [Toshav] is spoken of at any location. Terminology is not empty. For example, the Rambam has a system of when Ger Toshav is Jubilee vs. Chasid – one is related to the slave while the other is righteous. He also distinguishes between the goy and the Ben Noah; Ben Noah itself is a matter of context. Please note: the entire Oral Torah works along these lines, and the Rishonim most of the time copy and paste their source work from Chazal. To quote King Solomon: The words of the sages come in riddles. Case in point: ‘a goy who learns Torah is liable for the death penalty’ is more of a riddle than a literal decree. It is a mushel, and the nimshal needs sought out. Commentaries are plentiful; literal understanding is ill-advised.

19.   A non-Jew can elevate out of an uncircumcised state, and without a need to convert. This is called Ger in the Torah, and Ger Toshav in the Oral Torah. A non-Jew is no longer considered as one of the nations once they have rejected shituf; this makes them Ger Toshav. Should one choose to be ultra-specific in terminology (to avoid confusion with Jubilee) they can be called ‘considered like a Ger Toshav’. The words of the sages work as such: specific and less specific. This makes the words of the sages confusing, but context is always available, and consistency is never compromised.

20.  The Brisker Rav holds that the minimum level of kosher observance by a non-Jew must be to take kabbalah and become commanded and doing in regard to keeping the 7 Laws of Noah.

21. The authority of the Ger Toshav Shabbat [non-Jewish] and how it works is the Lubavitcher Rebbe, Sichas Vol. 31 Parashas Mishpatim. See also the GRI”D in his commentary to Krisos, where he shows that the first opinion of Avodah Zara 64b – one who rejects idolatry/shituf, the minimum level of Ger Toshav [today] is included in the scriptural command laid out in Shemot 20:10 and Krisos 9a. He is not to be considered a Shabbos Goy. See Rashi Yevamot 48b who says that should he desecrate the Shabbos in this way, he is likened to an idolater, which would be a contradiction to his spiritual path, since he has renounced idolatry. By refusing to be a Shabbos goy, he is considered to having guarded the day, and thus refrained from serving idols.

22. A non-Jew can choose to keep the 7 Laws of Noah as a Jew would observe them as commanded from Sinai. This level of observance is called Ger Toshav, or keeping the 7 Laws Ger Toshav, as opposed to 7 Laws of Noah. One example of such observance is to go beyond rejecting idolatry, and to reject shituf as well.

23.   The minimum level of Ger Toshav today comes without taking kabbalah, but being known to not serving idols. He is called Ger Toshav [in limited capacity] and can be trusted to handle or be in proximity of Jewish wine, without causing the wine to be considered idolatrous. A Yishmaelite is a Ger Toshav on this level, as well as being able to be used for other rabbinic permissions of Ger Toshav, i.e. the State of Israel’s Heter Mechira.

24.  A Yishmaelite is still considered an akum, does not have a circumcision, i.e.is still considered as having a foreskin, and does not enjoy any higher liberties of Ger Toshav. He is used in a strictly bedieved way, whereas a righteous non-Jew who has chosen to not serve idols, i.e. a Chasid, is not as bedieved in these situations. Only at a time of Jubilee will a Ger Toshav status be employed on a lechatchila status.

25. All matters of Ger[im] are dangerous, and thus ride on bedieved measures, for the Talmud warns, ‘harsh like thorns are Gerim upon Israel’. This is a halachic fact.

26. A Ger Toshav does not belong to the Holy House of Israel, and thus if two Gerim get married they remain in the 4th non-Holy House. A convert to Judaism [native status] converts and enters into the 4th Holy House of Israel, and has the right to marry Jewish into the Holy House of Israel; their children are Jewish. This is done lechatchila when their motivation is to be a Jew and produce Jewish offspring. If their intention is merely to marry Jewish, this is ill-advised, and is considered bedieved. A Ger Toshav does not seek to be a native Jew, but seeks principles of Judaism and Torah, for example to reject shituf. One does not need to convert to reject shituf; they should become a Ger Toshav.

27. Today’s Traditional Noahide has not rejected shituf, is told that he shouldn’t reject shituf, and is still used as a Shabbos goy. Noahide organizations claim that Noahide is a translation of Chasid… It isn’t. A Noahide is synonymous with Nochri, and their view is in direct conflict with the Brisker Tradition. The difference is that Brisker Tradition [and everyone else that delves into the Rambam] holds that Ger Toshav and Chasid are two levels attained with kabbalah. Noahides are led to believe that Chasid is attainable, even without kabbalah, and Ger Toshav is utterly unattainable on any level. This is wrong and misleading. The practical outcome is that Ger Toshav means rejection of shituf with kabbalah, while the contrary view is to remain engaged in shituf through active encouragement to ignore the need for kabbalah.  

28. Counter-Missionary Noahides are interested in Jewish Beliefs that replace Christian beliefs. Ger Toshav is categorically different, for it believes in God, serves God, and grows in understanding God’s ways. Their beliefs are encapsulated in the dictum, ‘The righteous live in their faith’ as well as ‘a Ger who learns Torah is like a High Priest’. Learning Torah [Ger Chasid] and learning about what Jews believe in [counter-missionary goals] are not the same thing. The difference is Ger Toshav rejects shituf and believes that one with a foreskin cannot understand the Torah, and rejecting shituf is the attainment of this level. The foreskin is removed either through actual circumcision or through mastery of the 7 Laws of Noah. Advanced Counter-Missionary Noahides are encouraged to convert to Judaism to realize their dream of becoming Jewish. Gerim [Toshav] realize that they don’t need to convert to have a relationship with Hashem. Thus paths of Noahide and Conversion are fundamentally different than that of Ger Toshav; confusing them to be the same is detrimental to growth. Likewise, confusing Ger [Toshav] Chasid with Ger Toshav who is a slave or one related to Jubilee, is just as detrimental. They aren’t the same, though they carry much in common in regard to terminology and specific laws. If a slave Ger Toshav and a Ger Chasid have anything in common through law, it is only because both keep the 7 Laws of Noah; one righteously, the other not. Some laws simply focus on any individual who keeps the 7 Laws of Noah; thus all types of Ger Toshav would be included. Today’s Ger Toshav is called into action to refrain from being a Shabbos goy, and likewise, in a time of Jubilee, a conquered Ger Toshav [non-righteous] would also be prohibited from being employed as a Shabbos goy. These two scenarios reflect the first two opinions of Avodah Zara 64b: the righteous Ger Toshav [of today] is prohibited from being a Shabbos goy due to having rejected shituf with kabbalah. The Jubilee Ger Toshav is prohibited from the second opinion in A.Z. 64b, that he is obligated to function as a Ger Toshav for having taken kabbalah through Beit Din to keep the 7 laws of Noah, rather than a kabbalah on just the rejection of shituf. The righteous Ger Toshav takes a kabbalah on shituf alone; he is believed to keep the other 6 Laws of Noah, i.e. without specific kabbalah. Should he wish to take kabbalah on all 7 Laws of Noah, it is allowed, and is definitely an admirable trait.

29. Rabbi Meir Kahane’s writings of Ger Toshav were specific to the Ger Toshav living in the Land of Israel. He did not warn against righteous Ger Toshav outside the land and who had no practical interest of living in the Land before Jubilee. He states this clearly in his work Ohr HaRayon, quoting the Ritva to Makkos 9a, which makes this point clear. 
  
30. Rabbi Ahron Soloveichik in his work Ode Yisrael Yosef Beni Chai explains the subject matter of Ger Toshav today, and outlines the distinctions of who is considered in the decree of ‘Show them [the idolaters] no mercy’ and who is exempt of this for having sufficient status of not being an idolater. For example, the Yishmaelite is not an idolater when it comes to being near Jewish wine, yet isn’t considered a Ger Toshav where we have a commandment to support them.

31. A convert is a Jew, and needs to be thought of and spoken about in that context and framework only. 
  
32.  Ger Toshav is not limited to a resident alien living in the Land of Israel, as much as Toshav does not always mean ‘resident’. Ger Toshav is not mentioned anywhere in the Torah [nor Ger Tzedek]; Ger is, and therefore context and connotation matters the most. Toshav is a rabbinic term that expresses that one is deemed kosher enough to live in Israel, or as the Rambam states, he is then permitted to live in Israel. Toshav is effectively a hechsher; a sign of being kosher. A Ger Toshav is one of a satisfied level of observance, such that one can be sure that there is no longer a hint of idolatry that would impede the Torah from being carried out. Some Torah concepts require higher levels of observance than others. For example, Jewish wine requires a lesser degree of proof by the non-Jew of having rejected idolatry than that of the commandment to give the Ger Toshav neveilah. A Yishmaelite does not qualify to receive a free gift by a Jew, rather he should be sold the neveilah as per Parashas Re’ eh 14:21. The highest level of sure kosher observance is required when a non-Jew seeks residence in the Land of Israel. For this he would need to have a status of Ger Toshav, one that can only be granted at a time of Jubilee. Along with this comes the scriptural command to fully sustain them [while living in the Land]. While there is no Jubilee, we cannot produce such a Beit Din to confer this level. However we can perform a lesser Beit Din/kabbalah and create a Ger Toshav for lesser observance, all in the spirit of being able to live in the Land, i.e. carrying the same requirements. Since the sanctity of the kabbalah is lesser in a non-Jubilee time, the sanctity of the Ger Toshav that is produced is of a lesser state. Today for instance, one can be a Ger Toshav, but cannot be deemed kosher to live in the Land of Israel. They can however approach Jewish wine as a Ger Toshav, without taking kabbalah, and appearing identical as a highest level Ger Toshav. The difference is in Jubilee we are certain that they aren’t idolaters, while today we strongly believe that they are not idolaters. The differenced by wine is one of a rabbinic decree vs. a scriptural one. There is room to be lenient when the prohibition is rabbinic as opposed to when the prohibition is scriptural and the consequences are infinitely more consequential. The examples are many, and scholarship is of the essence. See Rabbi Ahron Soloveichik’s Ode Yisrael Yosef Beni Chai. 

33.  This is not a complete list, but rather it is a start to show clarity in Ger Toshav studies, and to clear up misinformation about Ger Toshav.

                                    
                              Ger Toshav Sources:

·        Rambam Hilchos Melachim 8:10-11
·        Rambam Hilchos Melachim 10:9-10
·        Rambam Hilchos  Issurei Biah 14:7-8
·        Avodah Zara 64b
·        Krisos 9a
·        Makkos 9a
·        Yevamos 48b
·        Shulchan Aruch O.C. 304
·        Griz on the Rambam
·        Rabbi Ahron Soloveichik’s ‘Ode Yisrael Yosef Beni Chai’
·        Lubavitcher Rebbe Sicha Vol. 31 Parashas Mishpatim
·        Rashi Yevamot 48b
·        Rabbi Nevantzhal on Shavuot [Ruth the Ger Toshav]
·        Rabbi Yoel Schwartz [Noahide Shabbat]
·        Sefer HaChinuch Mitzvah #431 [Love the Ger]

·        Piskei Halacha in Choshen Mishpat and Yoreh Deah concerning Ger Toshav [wine, lo techanem, etc.]

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