Sunday, April 30, 2017

There Are 3,942 Types of Ger Toshav - Alvin Sopoznick [A Polish Ger Toshav Expert]

           



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.

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