Tosfos "lelot" explains that lots sin was that he lived with his daughter, which is asur for a non jew to do accoring to every opinion. Can't we assume that avraham converted lot and that he was a jew, so why does tosfos bring the law of a nonjew? Just say that the law is that a JEW cannot live with his daughter. Thank you
Elisha Yagudayev , Flushing, United States of America
There is a well-known dispute among early authorities whether the Avos were considered Jews or Bnei Noach, in which case they have the same rules as Nochrim in their time. The Mishneh l'Melech in Parashas Derachim (Derush 1) proves that this point is disputed between Tosfos and the Ramban, with Tosfos maintaining that the Avos were considered Bnei Noach (sons of Noach who must keep the Seven Noahide commandments), and the Ramban maintaining that from the time of Avraham the Avos were considered Jews and not Bnei Noach (Ramban, Vayikra 24:10).
It is obvious that Tosfos is consistent with his opinion in a number of places (for example, Shabbos 141a, DH u'Vas, and the Tosfos you quoted) and therefore describes Lot as a non-Jew. However, even according to the Ramban, Avraham Avinu became a Jew only at the circumcision, and at that time Lot had already separated from him, so he would still be called a Ben Noach and not a Jew.
Yoel Domb