Rambam, Hilchos Melachim Umilchamos

Chapter 10: Noahide laws-Cont

Halacha 1: A Gentile who inadvertently transgressed [i.e. Shogeg]

• General rule: A Gentile who transgressed inadvertently, due to error, is exempt from liability.
• Example by adultery: For example, if he had relations with a married woman thinking it was his wife, or a single woman, then he is exempt.
• Inadvertent Murder: A Gentile who inadvertently murdered someone, may be killed by the relative without consequence, and he is not given a city of refuge to protect him from the relative searching for vengeance. Nonetheless, the courts do not put him to death for an inadvertent murder.
• Transgression due to lack of awareness: A Gentile who transgressed due to lack of awareness of the prohibition, is nonetheless held liable as he should have been aware of the prohibition and it is his fault that he did not educate himself.
• Example by adultery: For example, if he had relations with a married woman due to not knowing that doing so is prohibited, then he is liable.
• Example by murder: For example, if he murdered someone due to not knowing that doing so is prohibited, then he is liable.

Halacha 2: A Gentile who transgressed due to reasons of duress

• A Gentile who was forced by another to transgress a prohibition is not held accountable for his actions, and it is permitted for him to transgress in such a case.
• Forced to serve idolatry: This applies even if he is forced to serve idolatry, as a Gentile is not commanded in sanctifying his life for the sake of God.
• A child: A Gentile child is not punished for any transgression as they are not liable in mitzvahs.
• The insane and deaf-mute: An insane Gentile or deaf-mute Gentile is not punished for any transgression as they are not liable in mitzvahs.

Halacha 3: A convert who returns to his Gentile ways

• A Gentile who converted to Judaism and now desires to return to his Gentile ways is not given permission to do so, any he must either remain a faithful Jew or be killed.
• A child convert: If a Gentile was converted to Judaism while he was still a child, then he may revoke his conversion status when he becomes an adult and return to being a regular Gentile. This is done by protesting his conversion. If he did not do so after first becoming an adult, then he may no longer revoke it, and is considered like a full-fledged convert.
• Rape or seduction of a Gentile child convert: Due to the above uncertainty of status of a Gentile child who converted, therefore if a Jew raped or seduced a female Gentile child who converted, the fine money is held in security by the courts until the child becomes an adult and can choose to protest their conversion status or not, and be eligible for the monetary fine.

Halacha 4: A Gentile who transgressed and then converts

• If a Gentile transgressed one of the commands and then converted, then if the transgression was only against God, such as he blasphemed God were served idolatry, then he is not held liable. Likewise, if you transgressed against another Gentile, then he is exempt from liability. However, if he transgressed against a Jew, then he remains liable for punishment even after the conversion.
• Transgressed against a Gentile: For example, if he had relations with a married Gentile woman or killed a Gentile and then converted, then he is exempt from liability.
• Transgressed against a Jew: For example, if he had relations with a married Jewish woman or killed a Jew and then converted, then he is liable for death.
• For adultery he is liable for capital punishment by strangulation, while for murder he is held liable for capital punishment by decapitation.

Halacha 5: The form of capital punishment for a Gentile’s transgression

• Decapitation by the sword: All transgressions of a Gentile are liable for capital punishment by decapitation with a sword.
• Adultery with married Jewish woman: This however is with the exception to if a Gentile had relations with a married Jewish woman in which case he is liable for capital punishment through stoning if the relations occurred before the Chuppah, and for strangulation if the relations occurred after the Chuppah.

Halacha 6: Other prohibitions relevant to a Gentile

• Mix breeding: Based on tradition it is forbidden for a Gentile to mix breed an animal or a tree. Nonetheless, he is not held liable for capital punishment for doing so.
• Hitting a Jew: If a Gentile hits a Jew and causes him even the slightest of injuries, then he is liable for death in the hands of heaven although is not liable for capital punishment by the court system.

Halacha 7: Circumcision for a Gentile

• The mitzvah and obligation to circumcise the foreskin only applies to the descendents of Abraham, Isaac and Jacob, and excludes the descendents of Ishmael or Esav.

Halacha 8: Circumcision for Bnei Ketura and Bnei Yishmael

• Bnei Ketura: The sages state that the children that Abraham had together with Ketura are obligated in circumcision on the eighth day.
• Bnei Yishmael: In today’s times, even the descendents of Ishmael are obligated in circumcision on the eighth day just like Bnei Ketura, being that these two nations have become mixed up.
• Liability: Despite the above obligation, they are not liable for punishment if they do not circumcise themselves.

Halacha 9: A Gentile who studies Torah or keeps Shabbos or makes a religion

• Torah: A Gentile who studies Torah is liable for death in the hands of heaven although not by the courts.
• Studying the seven noahide laws: Nonetheless, he may study the seven noahide laws.
• Shabbos: A Gentile who keeps Shabbos is liable for death in the hands of heaven although not by the courts..
• Festivals: A Gentile who enacts a festival is liable for death in the hands of heaven although not by the courts..
• Other religion and commands: A Gentile who creates a religion for himself is liable for death in the hands of heaven although not by the courts..
• The general rule: A Gentile has the choice to either fully convert to Judaism, or guard his commands without adding or subtracting to them.

Halacha 10: A Gentile who fulfills mitzvahs

• It is permitted for a Gentile to fulfill any of the other commands in the Torah according to their precise law for the sake of receiving reward, and he is not to be prevented from doing so.
• Sacrifices: If a Gentile brings a sacrifice to the altar it is accepted.
• Charity: If a Gentile donates charity to the Jewish people than it is to be accepted. If he has accepted the noahide laws, then the money may be distributed to poor Jews. If he has yet to accept the seven noahide laws, then the money is to be distributed to poor Gentiles.

Halacha 11: Establishing courts of law for Gentiles

• The Jewish courts are obligated to establish judges on behalf of the Gentile citizens, to adjudicate according to the above laws in order so the world does not become perverted of justice.
• The ethnicity of the judges: The court has the right to decide the ethnicity of the judges and if they see they may choose to appoint Gentile judges to judge the Gentiles or appoint Jewish judges if they see fit.

Halacha 12: In which courts should a Gentile be judged

• Two Gentiles in Jewish court: Two Gentiles who appear before a Jewish court to be judged according to Torah law are to be judged according to Torah law.
• One Gentile wants Jewish court: If only one of the Gentiles desires the judgment to take place in a Jewish court, then the other Gentile may not be forced into it and he may choose to be judged by their courts.
• Jew versus Gentile: If a Jew and Gentile are in need of adjudication, then if the Gentile has not accepted the seven noahide laws upon himself, then the judgment is to follow whatever law is better for the Jew, whether it be Torah law or secular law. If the Jew has a merit according to Torah law then the Gentile is told that this is our law. If the Jew has a merit according to the secular law, then the Gentile is told that this is their law. However, if the Gentile accepted upon himself the seven noahide laws, then the judgment is to always follow the secular law of the gentile.
• How to treat a righteous Gentile: A gentile who has accepted upon himself the seven noahide laws is to be treated in a respectful manner, and with acts of kindness, being that we are instructed to help them live. One may greet them in a double manner of greeting, in contrast to a regular Gentile.
• How to treat a regular Gentile: Furthermore, even those Gentiles who have not accepted the laws, the sages instructed us to treat them properly and to visit their sick and bury their dead and give provisions for their poor, amongst the poor of Israel, for the sake of peace, as God is merciful to all his creations and His ways are ways of peace.