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Resident Aliens
Noahide (Gentile) Law
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A
You shall not eat anything that has died a natural death; give it to the stranger in your community to eat, or you may sell it to a foreigner. For you are a people consecrated to your God יהוה. You shall not boil a kid in its mother’s milk.
Deuteronomy 14:21
The Gemara
raises an objection
from a
baraita
:
Who is a
ger toshav
?
It is
anyone who has accepted upon himself before three
ḥaverim
,
i.e., people devoted to the meticulous observance of mitzvot, especially
halakhot
of ritual purity,
teruma
, and tithes,
not to worship idols.
This is
the statement of Rabbi Meir.
And the Rabbis say: Anyone who has accepted upon himself
observance of the
seven mitzvot that the descendants of Noah accepted upon themselves
is a
ger toshav
…
Avodah Zarah 64b:7-9
The Gemara comments:
And there are
those
who teach this
statement of Rav Adda bar Ahava
with regard to this
case,
as the Sages taught
in a
baraita
:
A gentile who resides in Eretz Yisrael and observes the seven Noahide mitzvot [
ger toshav
]
is
permitted to perform labor on Shabbat for himself in the same manner
that
a Jew
is permitted to perform labor
on the intermediate days of a Festival,
i.e., only for matters that, if unattended, will result in significant loss…
Keritot 9a:12-13
One who hires
a gentile who resides in Eretz Yisrael and observes the seven Noahide mitzvot [
ger toshav
] is subject to
the prohibition
of: “On the same day you shall give him his wages,” but is not subject to
the negative mitzva
of: “The wages of a hired laborer shall not remain with you all night until the morning.”
GEMARA:
The Gemara asks:
Whose
opinion is expressed in
the mishna?
It is
not
that of
the first
tanna
of
the
baraita
, who interprets the phrase:
“From your brothers”
(Deuteronomy 24:14)…
Bava Metzia 111a:19-111b:13
It is forbidden for a Jew to give a gentile a gift without charge. He may, however, give such a gift to a resident alien, as implied by Deuteronomy 14:21: "Give it to the stranger in your gates to eat or sell it to a gentile."
To a gentile, it must be sold; it may not be given. To a resident alien, by contrast, it may be sold or given. The reason for the distinction is that we are obligated to sustain a resident alien, as implied by Leviticus 25:35: "A stranger or a resident, he shall live among you."
Mishneh Torah, Ownerless Property and Gifts 3:11
What is meant by a resident alien? A gentile who makes a commitment not to worship false deities and to observe the other [six] universal laws commanded to Noah's descendants. He does not circumcise himself or immerse. We accept this commitment and he is considered one of the pious gentiles.
Why is he called a resident? Because we are permitted to allow him to dwell among us in
Eretz Yisrael
, as explained in
Hilchot Avodah Zarah
.
Mishneh Torah, Forbidden Intercourse 14:7
A slave may be a permanent sojourner. A sojourner is like a Gentile in every respect. Rebbi Samuel bar Ḥiyya bar Jehudah in the name of Rebbi Ḥanina: One keeps the sojourner for twelve months. If he changes his mind, that is fine; otherwise he is like a Gentile in all respects. Rebbi Samuel bar Ḥiyya bar Jehudah, Rebbi Ḥanina in the name of Rebbi: The sojourner has to accept on condition that he may eat cadaver meat. Rebbi Hila said, one would then say, the words are [interpreted] as they are written…
Jerusalem Talmud Yevamot 8:1:8
Just as a person is commanded that his animals rest on the Sabbath, so too, he is commanded that his servants and maidservants rest. Although they have the power of thought, and act according to their own volition, [their master] is obligated to watch over them and prevent them from performing [forbidden] labor on the Sabbath, as [Exodus 23:12] states: "Thus your ox and your donkey may rest, and the son of your maidservant and the foreigner may find repose."
The servants and maidservants whom we are commanded to have rest [on the Sabbath] are servants that have been circumcised and have…
Mishneh Torah, Sabbath 20:14
With regard to a resident alien, i.e., one who accepted the observance of the seven universal laws [commanded to Noah and his descendants], as we explained: It is forbidden to drink his wine, but it is permitted to benefit from it. We may deposit wine in his possession for a short time, but may not entrust it to him for a lengthy period.
With regard to any gentile who does not serve false deities, e.g., the Arabs: It is forbidden to drink his wine, but it is permitted to benefit from it. The
Geonim
rule in this manner…
Mishneh Torah, Forbidden Foods 11:7
It is a positive commandment to pay a worker his wage on time, as Deuteronomy 24:15 states: "On the day it is due, pay him his wage." If an employer delays payment, he violates a negative commandment, as that verse continues: "Do not let the sun set without him receiving it." Lashes are not given for the violation of this prohibition, for he is liable to pay.
This principle applies to the wage of a person or the fee for hiring an animal or a utensil. In all these instances, one is obligated to make payment when due, and if one delays payment, one violates a negative commandment…
Mishneh Torah, Hiring 11:1
Should two idolaters come before you to have their dispute judged according to Jewish law. If they both desire to be judged according to Torah law, they should be judged accordingly. If one desires to be judged according to Torah law and the other does not, they are only forced to be judged according to their own laws.
If there is a dispute between a Jew and an idolater: If the Jew will fare better according to their laws, they are judged according to their laws. When the judgement is rendered, the judges explain: 'Your law obligates this judgement…
Mishneh Torah, Kings and Wars 10:12
Rabbi Yirmeya asks several questions with regard to the extent of the application of this penalty: If
he sold
the slave to a gentile
aside from his labor,
i.e., the gentile will own the slave but he will still perform labor for the Jewish master,
what is
the
halakha
? If he sold him to a gentile
aside from the mitzvot,
i.e., he stipulated that the slave would be able to continue observing the mitzvot,
what is
the
halakha
? If he sold him
aside from
Shabbatot
and Festivals…
Gittin 44a:8
To give the wage of a wageworker on its day:
To give the wage of a wageworker on its day; and we do not delay his wage to a different day, as it is stated (Deuteronomy 24:15), “You must pay him his wages on the same day.” And they, may their memory be blessed, elucidated in the ninth chapter of Bava Metzia 111a, that whether it is an Israelite wageworker or even a resident alien, there is an obligation to pay him on its day; but the negative commandment that comes upon this is not [applicable] with a resident alien.
Sefer HaChinukh 588:1
MISHNA:
The father is exiled
to a city of refuge
due to
his unintentional murder of his
son. And the son is exiled due to
his unintentional murder of his
father. Everyone is exiled due to
their unintentional murder of
a Jew, and a Jew is exiled due to
his unintentional murder of any of
them, except for
the unintentional murder of
a gentile who resides in Eretz Yisrael and observes the seven Noahide mitzvot [
ger toshav
]. And a
ger toshav
is exiled only due to
his unintentional murder of
a
ger toshav
.
…
Makkot 8b:8-9a:2
The laws of the commandment: For example, that which they, may their memory be blessed, said (Avodah Zarah 64b) that if they wanted to leave idolatry, even though they worshiped it at their beginning, they are permitted to live in our Land, and that is what is called a resident stranger (convert) — meaning to say, he is a convert regarding that he is permitted to reside in our Land. [It is] as they, may their memory be blessed, said (Avodah Zarah 64b), “Who is a resident convert? The one who accepted not to worship idolatry…
Sefer HaChinukh 94:3
Moses only gave the Torah and mitzvot as an inheritance to Israel, as Deuteronomy 33:4 states: 'The Torah... is the inheritance of the congregation of Jacob,' and to all those who desire to convert from among the other nations, as Numbers 15:15 states 'the convert shall be the same as you.' However, someone who does not desire to accept Torah and mitzvot, should not be forced to.
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…
Mishneh Torah, Kings and Wars 8:10
Rav Beivai said: What is the reason?
It is
derived
from a verbal analogy between
“well”
and
“well.”
It is
written here,
with regard to a Hebrew slave, who can be sold only when the Jubilee Year is observed:
“Because he fares well with you”
(Deuteronomy 15:16).
And
it is
written there,
with regard to a
ger toshav
:
“Where it is well for him; you shall not wrong him”
(Deuteronomy 23:17). The Gemara’s objection is that it is evident from the
baraita
that the
halakhot
pertaining to dedicated fields apply only when…
Arakhin 29a:18
We do not settle him on the frontier or in an unhealthy district, but in a pleasant district in the centre of the Land of Israel, where he can find scope for his occupation, as it is stated,
With thee he shall dwell in thy midst, in a place which he shall choose in one of thy gates, thou shalt not wrong him
.
Tractate Gerim 3:4
Moreover, of the children of the uncircumcised strangers who sojourn among you, of them you may buy, and of their families that are with you, which they have begotten in your land; but not from the Kenaanaee; and they shall be yours for possession.
Targum Jonathan on Leviticus 25:45
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