How Many Ger Toshavs Are There?
Ask anyone how to define Ger Toshav and they will promptly
tell you it is ‘a resident alien who resides in the Land of Israel’. Continue
the discussion (if you dare) and it will come to an abrupt stop concluding with
‘…not until after a Jubilee Year’. So there you have it; a Ger Toshav is a
resident alien who resides in The Land of Israel, but only after Israel has
returned to celebrating the Jubilee Year. The consequences of thinking this way
carry heavy ramifications; every time the Torah mentions ‘Ger’, by default it
must refer to the convert, for it can’t be a reference to the Ger Toshav, as he
doesn’t even exist [until the Jubilee Year]. And if you find a verse that
mentions Ger and it isn’t a convert, but a Ger Toshav, then it automatically
refers to a time of the Jubilee Year. This is the predominate line of thinking
today, and discussing it with anyone but an expert will prove to be futile. But
there is hope, for however inconvenient the truth may be to some, it does
exist. There is more than one type of Ger Toshav, and ‘he’ isn’t even a
resident alien.
A second type of Ger Toshav exists (in truth there are many
different types) in the Oral Torah’s writings, and he is the consummate ‘righteous
gentile’. This is in contrast with a resident alien (who we will call Ger
Toshav ‘a’) who not only may or may not be righteous at all, but it is not even
mandatory that he believes in the God of Israel! The righteous gentile (Ger
Toshav ‘b’) should believe in God, and at the very least he rejects idolatry;
shituf in specific.
So there you have it; there are (at least) two different
types of Ger Toshav. This is what the dichotomy should look like, but to
leave the discussion as such would lead people to believe that this is the
author’s [educated] (minority at best) opinion. The final frontier then must be
textual analysis, and from there we will/can conclude that there is more than
one type of Ger Toshav.
The source for Ger Toshav ‘a’ is the Rambam Hilchos Issurei
Biah 14:8 which is a copy and paste from the Talmud Arachin 29a and clearly
states, ‘there is no Ger Toshav until a time of Yovel’. This is where the Ger
Toshav discussion typically comes to a halt, and people conclude from the
apparent simplicity of the Talmud and the concurring Rambam that indeed, there
is no Ger Toshav today. Some will point out, that on location of the Rambam,
the Raavad (a contemporary and contrarian to the Rambam) argues against this
position of the Rambam, but to no avail. All later and modern Poskim
(authorities of Jewish Law) [apparently/seemingly] rule like the Rambam over
the Raavad.
This is called in its current vernacular, ‘there is no Ger
Toshav ‘a’ until a time of Jubilee. Any attempt toward anything Ger Toshav will
be seen as an attempt to restore Ger Toshav ‘a’ and there is no Ger Toshav
until the time of Jubilee. Before moving on to answer the question of ‘who is
Ger Toshav ‘b’ today’ there are several unanswered questions remaining with Ger
Toshav ‘a’:
·
Who is the Ger Toshav spoken about in Arachin 29a and
the Rambam?
·
Rashi explains it as a renegade slave and sources it;
was it looked up by those who proclaim this is a blanket nix of the Ger Toshav?
·
Do people realize it is only assumed that there is only
one type of Ger Toshav [after reading Arachin 29a]?
·
Is Ger Toshav mentioned [heavily] anywhere else in the
Talmud and/or halachic sources?
·
Does Ger Toshav exist clearly and unanimously in today’s
halacha?
·
Has the neo-Ger Toshav expert looked up Ger Toshav
references at an exhaustive rate before formulating an amateur ruling?
·
Likewise are the neo-experts consistent with their
[Ger Toshav] Torah learning?
·
How do we deal with the Raavad – Rambam difference of
opinion, especially when there is a precedent to rule like the Raavad in
matters of Ger Toshav?
If these questions remain unanswered then Houston – we have a
problem! That alone should be enough to encourage people to look further into
Ger Toshav all across the board.
So is there a Ger Toshav ‘b’ – a righteous gentile who is
called Ger Toshav [and by today’s halachic standards]? Yes there is, and
although one could take the discussion many ways showing as such, we will look
to the Rambam once again.
The Rambam states in Hilchos Melachim Chapter 8 Halacha 10-11
the prescription that a righteous gentile must take to be considered truly
righteous, and alongside this, the Rambam sheds light for any member of the
Nation of Israel who wishes to help aide in the path of the righteous gentile.
Before illuminating Ger Toshav ‘b’, let’s state a few of the
complaints/accusations about this Rambam source [being a source for Ger Toshav ‘b’)
from the ‘there is no Ger Toshav [of any kind] today camp’:
·
When Rambam says Ger Toshav in any place, he means Ger
Toshav ‘a’.
·
If the Rambam truly called for two types of Ger
Toshav, this can’t be, for the Rambam wouldn’t have made it so difficult.
·
The Rambam is simple, and only came to simplify the
Torah [‘s psak halacha].
·
Hilchos Melachim is only talking about the time of the
Sanhedrin and Jubilee.
·
We don’t pasken (rule) like the Rambam.
·
The Rambam was wrong.
·
That isn’t what the Rambam means.
·
The Rambam was talking about the Land of Israel, thus
the resident alien.
Before clarifying this particular Rambam, let me make a run-on
sentence that sounds almost as ridiculous as these claims, as a way to segue to Ger Toshav ‘b’:
‘Rambam speaks about more than one type of Ger Toshav,
because Ger Toshav is just difficult, and since the Rambam copies and pastes,
he is as difficult as the sources that he copies and pastes, for Hilchos
Melachim is no exception, as it is the source for Noahide Laws for all of time,
and all authorities agree with the Rambam on the fundamental points of Noahide
Law, thus the Rambam’s view is consistent with all other views, and accordingly
we follow the Rambam in Noahide Law, to say that this Rambam is somehow
speaking about Ger Toshav ‘a’ can’t be, for Ger Toshav ‘a’ to the Rambam is a
slave and here it is a righteous gentile; the Land of Israel was never
mentioned here nor brought into the discussion, not by the Rambam nor by commentaries
on the Rambam’.
And now, the Rambam’s Ger Toshav ‘b’ – the path of the
righteous gentile:
Hilchos Melachim Chapter 8:
10
By
the same regard, Moses was commanded by the Almighty to compel all the
inhabitants of the world to accept the commandments given to Noah's
descendants.
If
one does not accept these commands, he should be executed. A person who formally
accepts these commands is called a Ger Toshav. This applies in any place. This
acceptance must be made in the presence of three Torah scholars.
וכן
צוה משה רבינו מפי הגבורה לכוף את כל באי העולם לקבל מצות שנצטוו בני נח וכל מי
שלא יקבל יהרג והמקבל אותם הוא הנקרא גר תושב בכל מקום וצריך לקבל עליו בפני שלשה
חברים.
11
Anyone
who accepts upon himself the fulfillment of these seven mitzvot and is precise
in their observance is considered as one from 'the pious [Chasid; righteous]
among the Nations' and will merit a share in the world to come.
This
applies only when he accepts them and fulfills them because the Holy One,
blessed be He, commanded them in the Torah and informed us through Moses, our
teacher, that Noah's descendants had been commanded to fulfill them previously.
However,
if he fulfills them out of intellectual conviction, he is not a Ger Toshav, nor
from the 'the pious among the Nations,' nor of their wise men.
כל
המקבל שבע מצות ונזהר לעשותן הרי זה מחסידי אומות העולם ויש לו חלק לעולם הבא והוא
שיקבל אותן ויעשה אותן מפני שצוה בהן הקב"ה בתורה והודיענו על ידי משה רבינו
שבני נח מקודם נצטוו בהן אבל אם עשאן מפני הכרע הדעת אין זה גר תושב ואינו מחסידי
אומות העולם ולא מחכמיהם:
The Rambam has
clearly outlined Ger Toshav ‘b’ – the path of the righteous gentile. The
prescription is simple. Israel has a commandment from Moses at Sinai to press
the inhabitants of this World into keeping the 7 Laws of Noah, and under the
right reasons. This can happen if Israel goes to war as a nation, or in
general, Israel has an on-going mission to turn the inhabitants of this World
into 7 Law keeping citizens. If not by forceful force, then it should be by peaceful
coercion.
The Brisker Rav
explains the words of the Rambam with the most clarity, in that the minimal
level of Noahide observance that results from this coercion, i.e. God’s
expectations from them is that they take on the 7 Laws properly [kabbalah –
rejecting shituf]. Remaining a Ben Noach [i.e. an idolater according to the
standards of Sinai; shituf] is not an option, and the Ben Noach must accept the
Laws upon one’s self (kabbalah) according to the prescription laid out by the
Rambam. Anything short of this is rendered ineffective, and leaves one liable
by the hands of heaven. Should a king of Israel stand, the liability would be
literal and carried out. Many prophecies speak about the End Times when the
Nations of the Earth will recognize God; this is why, and this is the main
catalyst to achieve this outcome.
Some main points
to emphasize here are:
·
This acceptance/kabbalah requires Beit Din of
standing before 3 men of Israel; this is not the same Beit Din that exists at
the time of Jubilee.
·
There are two kinds of Beit Din and both types
of Ger Toshav shed light as to the nature and difference between the two Batei
Dinim.
·
A Beit Din during Jubilee grants status. A
Beit Din for righteousness aides in the realization of their becoming righteous;
no status is given.
·
The Ger Toshav here is Ger Toshav ‘b’ for it
is synonymous with being granted the title of Chasid, as Ger Toshav ‘a’ is not
considered a Chasid.
·
He is called Ger Toshav ‘b’ because he is on a
kosher level that would allow him to live in Israel; it means he has sufficient
standing [of having rejected idolatry; shituf].
·
The benefit of being considered like a Ger
Toshav (Ger Toshav ‘b’) requires investigation; one example is that he should
not be considered a [Shabbos] goy. In fact in many areas of Torah Law he would
be removed from being considered a general goy. He carries a quasi-status where
applicable, and further study is required when necessary to journal course of
action.
·
We do not force anyone into Ger Toshav today,
for Israel does not have the upper hand, nor a Jubilee. A Ger Chasid
today is the product of a Ben Noach who wishes to reject shituf, and become
properly righteous according to Torah
prescription. By doing so he removes the liability from his soul that persists
from Sinai upon one who has come under a proper kabbalah. Sinai mandated every
Ben Noach take kabbalah, reject shituf, and be considered at least like a Ger
Toshav in this regard.
·
Today [because of exile] we compel people into
a Noahide status [keeping the 7 Laws without any formality], and once they have
chosen to further reject shituf, they may take [formal] kabbalah and become a
Ger Chasid.
·
Another practical benefit is that should a Ger
Chasid be in position to watch over Jewish wine in a Jewish home, the rabbinic
decree of rendering this wine idolatrous is removed; the wine remains kosher and
is still consumable for a Jew.
We have now seen
the sources for Ger Toshav ‘a’ and ‘b’; there are two types of Ger Toshav in
the words codified by the Rambam. Ger Toshav ‘a’ comes from Arachin 29a and Ger
Toshav ‘b’ cannot be the same Ger Toshav as Ger Toshav ‘a’ for the Rambam
brought a unique law from Sinai describing Ger Toshav ‘b’, a righteous gentile
who seeks reaffirmation, as per Avodah Zara 2b and 3a that states the nations
post-Sinai seek only reaffirmation of their commandments, i.e. kosher kabbalah.
Should they succeed they are to be considered then on the level of a Ger Chasid
and receive the World to Come. This level and its reward is not the same as one
who the Rambam says of, ‘who fulfills them from his own conviction’.
The only question
that could remain, is how do we know that Ger Toshav ‘b’ is not a strange way
of reiterating Ger Toshav ‘a’ (which means the Rambam would have brought Ger
Toshav here to show only what his potential would be in a time of Jubilee, and
thus there is no potential for one to take a personal kabbalah until Jubilee) and
that the only level for a righteous gentile to aspire to is that of Chasid,
which would contradictionally remain synonymous with an idolatrous Ben Noach?
The current
definition of Noahide follows this line of reasoning. A current Noahide, even
if they have affirmation before a rabbinic court, are still idolatrous for
having not rejected shituf and by ignoring Ger Toshav ‘b’ by title.
To put this
consequence into simple terms: they have taken the rites of Ger Toshav oath,
placed it in Noahide, keeping its devotees as idolaters, and made serving God
illegal past a strict observance of the 7 Laws. This is the path of the Nochri;
he is an idolater. The Talmud says of him, ‘a goy who learns Torah is liable
for the death penalty’ [by the hands of heaven; not literally].
In contrast, a
Ger Chasid who learns Torah is like a Kohen Gadol, which is explained that just
as a Kohen Gadol can do more commandments than a normative Israelite, so too
the Ger Chasid who takes kabbalah has more opportunities to serve the God of
Israel that he believes in. For one, he learns Torah in the prescribed way.
The path of the
righteous gentile becomes elevated into what the Bible calls the Ger in your
Gate, and for him he is Ger and Toshav. Notice the difference, for he is not a
resident alien as the latter implies. Ger and Toshav is what you call the Talmudic
Ger Toshav ‘b’ – he is Toshav, trusted to serve God alongside Israel; Abraham
before him was Ger and Toshav.
The Ger Toshav ‘a’
or ‘b’ as such is not written about in the Bible, but one who is Ger and Toshav
is, among others; see the Ger of the Gate. For in truth there are many types of
Ger Toshav. We have pointed out two archetypes in Talmudic terms, Ger Toshavs ‘a’
and ‘b’.
In conclusion, it
all boils down to one detail: did the Rambam in Hilchos Melachim Chapter 8:10-11
have Ger Toshav ‘b’ in mind, which is categorically different than Issurei Biah
Chapter 14:8 which had Ger Toshav ‘a’ in mind? The simple answer is yes, because
14:8 is not a Ger Chasid, as the Rambam makes this clearly understood in
8:10-11. In fact the Rambam speaks about ‘Ger Toshav’ in many places in Mishna
Torah, as he oscillates (through appropriate copy and paste from Chazal)
between Ger Toshav ‘a’ and ‘b’. The reader is obligated to know the
distinctions.
If this is true,
do we see any indications from the Rambam showing when he is speaking about Ger
Toshav ‘a’ vs. ‘b’? The answer is no we don’t, for the Rambam didn’t write
about Ger Toshav, he copied and pasted from Chazal who coined the term Ger
Toshav. Although they had in mind two types of Ger Toshav, they simply called
them both confusingly Ger Toshav and without any indicators, hoping that those who
are curious would look deeper for meaning and context.
Take for example
this dictum, ‘A goy who learns Torah is liable for the death penalty’. What
this actually means is that a goy may not claim an 8th commandment
of Talmud Torah like that of a Jew, lest they be liable by the hands of heaven.
To take this literally carries many grave errors:
·
The liability is not literal.
·
Talmud Torah refers to the technically written
scriptural command and is therefore not a literal statement.
·
A goy can learn Torah under prescribed
measures, thus per force this statement can’t be literal.
Like the Ger
Toshav, this dictum is equally confusing, and doesn’t come with any obvious
indication of its true meaning. However both are indigenous to the writings of
the Oral Torah and come with sufficient commentary that explain in full detail
how a goy can and can’t learn Torah and which Ger Toshav is ‘a’ or ‘b’.
In other words,
the Oral Torah was written confusing and difficult, and therefore rabbinic
writings (copy and paste) are equally confusing. One needs the larger framework
to decode the Oral Torah in order to make sense of all the apparent nonsense. A
greater framework will always exist behind the Oral Torah’s riddles, and for
example, there is a massive amount of literature that explains not only Torah
study for gentiles, but an entire expansive discussion about the various types
of Ger Toshav; types ‘a’ and ‘b’ in specific.
In closing the
only relevant question is one: why did the sages write the Oral Torah so
confusingly and so easy to take out of context from a literal point of view.
Why did the rabbis allow duality to appear like singularity? And even better
yet, why did they work incognito, employing the various passageways of secret
multiple understandings and definitions, while the layman was left to struggle
and draw false conclusions? For a time perhaps this guarded the Torah while the
Nation was in good hands.
Today, the layman
has risen tall over the learned, and the once sacred hallways of divine
academia have unfortunately regressed into the foundations of a dogmatic church
led by the utterly uninspired who desperately seek employment. All that is left
are the echoes of an abandoned complicated Torah that has turned to exile.
The true answer
is rather simple: today there are two kinds of rabbis, not two kinds of Ger
Toshav: one who knows all about Ger Toshav, and is desperately looking for the
keys to redemption, to which Ger Toshav is not a part of, but the Biblical Ger
is. The other thinks Ger Toshav is a merely a resident alien who only exists during
the Jubilee. They are content in making sure some lost and confused ‘Ger Toshav’
won’t come attempting to announce the redemption, as they continue to safely lookout
for a real Messiah Saviour from their porch in exile.
…Two kinds of Ger
Toshavs, two kinds of rabbis, etc., sometimes the Briskers just have the right
answer, it’s ‘tzvei dinim’ (two aspects out of one concept) and ‘lefi pshuto’
(copy and paste technical non-literal terms), etc.
You really need
to consistently look it up, and then things will become abundantly clear. And last,
but not least: choose your rabbi carefully, for the question only truly should
matter to him. Did you really want to know how many kinds of Ger Toshavs there
are? Or did you want to know why Ger Toshav seems so confusing. And yes, the
Rambam more or less speaks about two kinds of Ger Toshavs [even though in
truth, there are many], one who is a resident alien, and another who is a
righteous gentile. The former is taken from a verse in the Torah about a
renegade slave who seeks asylum in The Land of Israel.
The latter is a
special law passed down from Moses about the mission of the Nation of Israel to
turn the World into a society of those who recognize God, as expressed by the
prophets. And in rabbinic terms, they call this person a Ger Chasid; he is the Biblical
Ger of the Gate, the Nilveh Ger, and he is not to be confused with his legal fiction distant
cousin, another fellow who would keep the 7 Laws if he existed, just not for all the right reasons…the
resident alien, Bless his heart.
In Summary:
·
The Rambam in Hilchot Melachim 8:10-11 speaks
about a Ger Chasid, not a resident alien.
·
Not one commentator or parallel source of/with
the Rambam thinks the Rambam speaks of a resident alien.
·
All agree that the Chasid and the Ger Toshav
here are terms of endearment and are reflections of righteousness.
·
The deeper message is that non-Jews need to
reclaim their kabbalah, i.e. commitment to Hashem and the 7 commandments.
·
This kabbalah is a rejection of shituf before
3 men; this beit din is not an official beit din on the level of a beit din
needed for a resident alien at a time of Jubilee.
·
There are many instances in the Mesora that
speak about a Ger Toshav – non-resident alien; a competent rabbi who
understands the material can identify the different terms and their usages.
·
The Ger Chasid is called Ger in the Bible;
there is no exact prescription as to what to call them. Opinions will vary, and
this is to be expected; there is no halacha in this area. People have chosen
Biblically, Talmudically, and religiously. Each has strengths and weaknesses.
It isn’t about a label, but rather how to identify where a person is holding in
their service of God. Noahide [Ben Noach] implies shituf and Ger disturbs the
conversion world. Ger Chasid is the Rambam’s prescription, but certain Jewish
sects are called as such. The point that matters most, is that one name cannot
serve two people, where one is shituf and the other isn’t. That is not only
confusing, but it is wrong and harmful. The same argument cannot be made for a
convert and a Ger; a convert is a Jew.
·
The material is clear [yet difficult];
confusion comes from those who don’t know the material.
·
If Rashi says of himself that he comes for
nothing other than Lefi Pshuto, then I will say of myself in these matters, I see
it as my duty to only clarify all matters of Ger in Torah. The Torah is
clear in these matters, I merely teach what has already been established. To be
specific, I have no opinion of my own, and I teach Ger Toshav according to
Rabbi Ahron Soloveichik in Ode Yisrael Yosef Beni Chai who like others before
him, had a crystal clear understanding of Ger Toshav from Chazal, Rishonim, and
Achronim.