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1. More killers in Jordan 2. Possible verdicts 3. RITVA
4. Avimelech- Insights to the Daf 5. Omer Mutar and Shogeg
DAF DISCUSSIONS - MAKOS 9

Scott (Simcha) Feldman asked:

I have a question regarding the tripartite division of the non-Jewish world, as explained in the Ritva's peirush to Makos 9a. Here is his explanation of the third class of non-Jews:

Such one, who is not careful to observe the Seven Noahide Commandments ­ it is permissible to push him down into a pit when there is no [fear of gentiles'] hostility [towards the Jews], or to cause his death wherever one has any pretext for doing so...(Y. Ralbag ed., Chiddushei haRitva, Makos, Jerusalem: Mossad ha-Rav Kook, 1984, pp. 113-114).

How is this compassionate, as God is compassionate? Are these gentiles not created in G-d's image? If they are, why are the not respected as such? How are we to understand this?

Thanks,

Scott (Simcha) Feldman, Baltimore, MD

The Kollel replies:

Thank you for your question. This issue was discussed previously. We have copied below the relevant part of the discussion from Bava Kama 113. Please write to us again with any further questions.

Best Wishes,

Kollel Iyun Hadaf

Rabbi Joseph Pearlman replies:

The question of Ta'us Akum has been the subject of much consideration. There is plenty of argument about it as far back as the Tana'im and throughout the Rabbinic literature. Let me, however, make a few salient points.

1) Even those who are of the permissive view (which is, in fact, the final Halachah as set out in the Rema, Choshen Mishpat 348:2) refer to Ta'us Akum . "Akum" means pagan idol worshippers who were unprincipled ruffians. It certainly excludes Muslims, Protestants, and most of the Western world today. (As to Catholics, this could depend on the Machlokes Rambam and Rabeinu Tam as to their status in view of their belief in the concept of the Trinity.)

2) There is the well-known words of the Me'iri in Bava Kama (37b), who writes, "That which is said in the Gemara (regarding the exemption of the owner of a Shor which gores a Shor of an Akum) applies only to those peoples that do not conduct themselves in the ways of ethical behavior and proper etiquette, such as the Gemara says about them, 'See the B'nei Noach who accepted upon themselves the Seven Mitzvos and who do not fulfill them, that their money was made permissible [to take].' This [allowance], however, applies only when they themselves act in a way deserving of it. But when they are fulfilling their Seven Mitzvos, then their law with regard to us is the same as our law with regard to them, and no favoritism in judgment is to be shown to ourselves. And now, it goes without saying [that this certainly applies] with regard to the nations that conduct themselves in the ways of ethical behavior and proper etiquette." A similar statement is cited by the Shitah Mekubetzes in the name of the Me'iri, and cited in the margins of the Gemara in Bava Kama 113a.

Thus, even Catholics (and perhaps also Hindus, atheists, etc., who are clearly Akum) are nonetheless within this definition of those who "conduct themselves in the ways of ethical behavior and proper etiquette." (Conversely, it might exclude a people like the Taliban and Palestinian terrorists!)

3) The permission does not apply where there is any chance of Chilul Hash-m (and the chances of this in modern conditions must be greatly increased).