We may not draw up a covenant with idolaters - In this instance, we have chosen to depart from the standard published text of the Mishneh Torah and adopt the text found in the Oxford manuscript (the manuscript checked over and signed by the Rambam himself).

The standard text forbids making a covenant with "the seven [Canaanite] nations," "the Canaanites, Hittites, Amorites, Girgashites, Perizzites, Chivites, and Jebusites (Deuteronomy 7:1)." The Rambam changed his mind concerning the question of whether this prohibition applies only to these seven nations or to all idolaters. In Sefer HaMitzvot, he states that the mitzvah applies only to the seven Canaanite nations. When listing the mitzvot at the beginning of these halachot, however, he mentions "idolaters." The phrasing of the halachah supports the opinion that all idolatrous nations are implied, because the laws regarding the saving of lives apply to other gentiles and not to the Canaanites alone.

[Since the opinion mentioned by the standard text has a basis in the Rambam's works, we will continue to refer to it throughout our commentary on this halachah.]

which will establish peace between them [and us] and yet allow them to worship idols - Hilchot Melachim 6:1 relates that when the Jews declare war against another nation, they must offer them a peaceful settlement. This settlement must involve acceptance of the seven universal commandments given to Noah and his descendants (see Halachah 6), and subjugation and the payment of tribute to the Jews. [Hilchot Melachim 6:4-5 relates that such a settlement was also offered to (but not accepted by) the Canaanites.]

as [Deuteronomy 7:2] states: "Do not establish a covenant with them." - Sefer HaMitzvot (Negative Commandment 48) and Sefer HaChinuch (Mitzvah 93) consider this to be one of the 613 mitzvot of the Torah. It must be noted that this proof-text [and the continuation of the verse mentioned below] support the contention that these mitzvot apply only to the seven Canaanite nations. The Biblical passage from which they are quoted concerns these nations alone. Nevertheless, the adherents of the other view refer to Hilchot Issurei Bi'ah 12:1, which states that the prohibition against intermarriage applies to all gentile nations, even though it is taken from this passage. Similarly, these two mitzvot refer not only to the Canaanites, but to all gentiles.

The Rambam maintains that even if the Canaanites convert, it is forbidden to establish a covenant with them. Therefore, it was forbidden to establish a contract with the Givonites (Hilchot Melachim 6:5). The Ramban (Deuteronomy 20:11) disagrees and maintains that once they accepted Judaism, it was permitted to establish a covenant with them. The narrative in Joshua, Chapter 9, appears to support the Rambam's view. The Jews' first reply to the Givonites, "Perhaps you dwell among us. If so, how shall we make a covenant with you," appears to reinforce the position that any covenant with such nations is forbidden.

Rather, they must renounce their [idol] worship - and accept the remainder of the seven universal laws given to Noah and his descendants. The Rambam obligates any idolaters who are offered a peaceful settlement by the Jews to accept these seven commandments. The Ra'avad and the Ramban do not accept this thesis and require that all of these laws be accepted only by the gentiles living in Eretz Yisrael.

or be slain. - Hilchot Melachim 8:10 states that any gentile who does not accept the seven universal laws commanded to Noah and his descendants should be slain. Surely, this applies to nations which we conquer. (See also Hilchot Milah 1:6 and Hilchot Melachim 6:4.)

With regard to the seven Canaanite nations, Hilchot Melachim 5:4 states:

It is a positive commandment to annihilate the seven nations, as [Deuteronomy 20:17] states: "You shall utterly destroy them."
Anyone who chances upon one of them and does not kill them violates a negative commandment, as [Deuteronomy 20:16] states: "Do not allow a soul to live."

It is forbidden to have mercy upon them, as [Deuteronomy, ibid.] states: "Do not be gracious to them." - Sefer HaMitzvot (Negative Commandment 50) and Sefer HaChinuch (Mitzvah 426) consider this to be one of the 613 mitzvot of the Torah. (Further particulars regarding this commandment are mentioned in Halachah 4.)

Accordingly, if we see an idolater - These laws apply only to an idolater who does not belong to the seven nations. It is a mitzvah to slay a Canaanite, as mentioned above.

being swept away or drowning in the river, we should not help him. If we see that his life is in danger, we should not save him. - In Hilchot Rotzeach UShemirat HaNefesh, the Rambam explains the derivation of this law. The mitzvah to save a person whose life is in danger is derived from the verse [Leviticus 19:16], "Do not stand idly while your colleague's life is in danger." We can infer that these laws apply only to "your colleague," a fellow Jew who does not openly rebel against theIt is, however, forbidden to cause one of them to sink or push him into a pit or the like, since he is not waging war against us. - Tosafot, Avodah Zarah 26b, note that although our Sages declared, "Kill even the best of the gentiles," and that, as mentioned above, the Rambam states in Hilchot Melachim 8:10 that any gentile who does not accept the seven universal laws commanded to Noah and his descendants should be slain. These directives, however, can be interpreted to apply only in a time of war or in a time when the Jews have control over the gentiles. When the Jews are in exile or must take into consideration the dictates of gentile authorities, an idolater cannot be slain merely because of the sin of idol worship.

To whom do the above apply? To gentiles. - Significantly, the Rambam does not use the term idolaters. Note, however, the laws mentioning a ger toshav in Halachot 2 and 6 and commentary.

It is a mitzvah, however, to eradicate Jewish traitors - This refers to a person who betrays either Jewish lives or Jewish property to gentiles. Hilchot Teshuvah 3:12 states that such individuals do not have a portion in the world to come. In Hilchot Chovel UMazik, Chapter 8, the Rambam elaborates on this subject at length. In Halachot 8-9 of that chapter, he states:

It is a mitzvah to kill a traitor wherever he is located. [This applies] even in the present era when cases involving capital punishment are not tried. It is permitted to kill him before he betrays [someone].... Whoever kills him first merits. If, however, the traitor accomplished his objective and betrayed [a Jew to the gentiles], it is forbidden to kill him unless we presume that he will betray others.

The Sages did not merely delegate this responsibility to others; they were also prepared to accept it themselves. Thus, Bava Kama 117a relates that Rav Kahana killed a traitor in Babylon.

minnim, and apikorsim - See the commentary on Chapter 2, Halachah 5, for a definition of these terms. (See also Hilchot Teshuvah 3:7-8.)

and to cause them to descend to the pit of destruction, since - See Hilchot Rotzeach UShemirat HaNefesh 4:10, which states that:

If one has the potential to slay them with a sword in public, one should. If not, one should trick them into a situation where one can kill them.

they cause difficulty to the Jews and sway the people away from God - The continuation of the halachah was omitted from the standard published text because of censorship. Hence, we have placed it in brackets.

{as did Jesus of Nazareth and his students - an example of a min.

and Tzadok, Baithos, and their students - examples of apikorsim. These phrases are separated by brackets because, due to censorship, they are not found in the standard published texts of the Mishneh Torah.

In his commentary on Avot 1:3, the Rambam writes that Tzadok and Baithos were students of Antigonus of Socho. When they heard their teacher declare, "Do not serve the master for the sake of receiving a reward," they were upset, since they thought that he was implying that no reward would be given for the performance of mitzvot. They spoke about the matter between themselves and decided to reject the Torah.

They began splinter groups which rejected the core of Jewish practice and coveted material wealth. They found that they could not convince the majority of the people to reject the Torah entirely, so they adopted a different tactic. They claimed that they were true to Torah, but the only Torah that was Divine was the written law. The oral law was merely a human invention.

This thesis was only a ruse to sway the people from the performance of the mitzvot. Accordingly, the Sages would frequently refer to all those who deny the Torah and its tradition as Sadducees ("followers of Tzadok") or Baithosees ("followers of Baithos").

May the name of the wicked rot.}

From the above - The Rambam's phraseology implies that there is no explicit source for the law which follows, but that it can be derived from the previous law regarding saving an idolater's life (Kessef Mishneh).

we can infer that it is forbidden to offer medical treatment to an idolater even when offered a wage. - The Ramah (Yoreh De'ah 158:1) states that one may treat gentiles in order to gain expertise that will enable one to treat Jews better.

If, however, one is afraid of the consequences - The gentile may cause the doctor personal harm.

or fears that ill feeling will be aroused - between Jews and gentiles in general

one may treat them for a wage, but to treat them free is forbidden. - The Ramah (ibid.) states that a doctor should demand reimbursement. If pressed, however, he may treat them without a fee.

[With regard to] a ger toshav - a gentile who accepts the seven universal laws commanded to Noah and his descendants. As mentioned in the commentary on Halachah 6, the Tzafenat Paneach states that we are obligated to save the lives of a gentile who observes these seven laws, even if he has not undergone the formal proceedings necessary to be accepted as a ger toshav.

since we are commanded to secure his well-being - See Leviticus 25:35. Avodah Zarah 65a states that Jews must support such a gentile from their charitable funds.

he may be given medical treatment at no cost. - The K'nesset HaGedolah states that the prohibitions mentioned above apply only to idol worshipers, but gentiles who do not worship idols (apparently, even those who are not meticulous in their observance of the other six commandments given to Noah) may be given medical treatment for a fee, even if there is no threat of danger or ill-feeling. [From these statements, we can infer that those authorities who do not consider Christians to be idolaters would allow them to be treated under the same circumstances.]

See also the Darchei Teshuvah (158:3), who relates that since at present, a doctor would have much difficulty if he refused to treat gentiles, leniency should be shown in this regard.

From the above, it would appear that a doctor who operates a medical practice today would have no difficulty treating gentile patients. Indeed, throughout the ages, many great Rabbinic authorities, including the Rambam himself, served as doctors to gentiles.

It is forbidden to sell them homes and fields in Eretz Yisrael. - The rationale for this prohibition is mentioned in the following halachah. See also Chapter 7, Halachah 1, which puts a special emphasis on ridding Eretz Yisrael of idol worship.

In Hilchot Terumot 1:7, the Rambam defines the original boundaries of Eretz Yisrael as follows:

[The southern border runs] from Rekem in the east... to the Mediterranean Sea. [The western border] is the Mediterranean Sea from Ashkelon, in the south... to Akko in the north. From Akko, one proceeds [northeastward] to Kziv. The area to one's right, on the east, can generally be assumed to be of the Diaspora unless it is specifically known that it is part of Eretz Yisrael. The area to one's left, on the west, can generally be assumed to be of Eretz Yisrael unless it is specifically known that it is part of the Diaspora....
From the Umenum mountains inward, the land is part of Eretz Yisrael, ...outward, it is part of the Diaspora.

In Halachah 9 of that chapter, the Rambam states that in the Second Temple period, the coastal area was not settled by the Jews. Hence, as the Rambam explains in Halachah 5 of that chapter, it is not considered as part of Eretz Yisrael.

In Syria, - In Hilchot Terumot 1:3-4, the Rambam describes the lands which the Sages labeled as Syria:

The lands which David conquered outside of the land of Canaan... are not considered as Eretz Yisrael... even though he was a king and his deeds were approved by the Sanhedrin....
Why were they given a lesser status than Eretz Yisrael, because David conquered them before he conquered all of Eretz Yisrael.... These lands resemble... Eretz Yisrael in regard to the Terumot, tithes, and the Sabbatical year. All the [obligations in] Syria are Rabbinic in origin.

In Halachah 9 of that chapter, the Rambam defines Syria as the area between Eretz Yisrael and the Euphrates River.

one may sell them homes, - since it is not actually Eretz Yisrael.

but not fields - for the reasons mentioned below.

One may rent them homes in Eretz Yisrael, provided that a neighborhood [of idolaters] is not established. Fewer than three [homes] does not constitute a neighborhood. - Rav Kapach notes that Avodah Zarah 21a, the source for this halachah, refers to the sale of houses in Syria. Also, since the license is granted only to rent homes as storehouses, it is not appropriate to refer to these as a neighborhood. Hence, he suggests that the Rambam also intended this clause to refer to the sale of homes in Syria, and it was placed here because of a printer's error.

It is, however, forbidden to rent them fields. In Syria, - where the prohibitions are less stringent

one may rent them fields.

Why did [the Rabbis issue] more stringent laws regarding fields? Because two difficulties are involved: One removes the obligation of tithes [from these fields] - and thus, removes a source of support for the priests and the needy.

Note Hilchot Terumot 1:10-12 which states that even though a portion of Eretz Yisrael is owned by a gentile, all the agricultural obligations are still incumbent upon the produce. Nevertheless, if the entire task of harvesting the crops and preparing them for sale is carried out by a gentile, there is no obligation to fulfill these obligations.

and one gives them a resting place in our land. - which, as explained in the following halachah, is included in the Biblical prohibition against being gracious to idolaters.

It is permitted to sell them houses and fields in the Diaspora, because it is not our land. - The Shulchan Aruch, Yoreh De'ah 151:9 (based on the Tur), prohibits the sale of three houses to idolaters in a Jewish neighborhood, seemingly applying the prohibition to the diaspora as well. The commentaries explain that such a sale is forbidden lest the gentiles harm the Jews. This prohibition has been mentioned by contemporary authorities to try to prevent Jews from moving away en masse from Jewish neighborhoods in metropolitan areas which are in the process of cultural transformation.

Even when - The Rambam is quoting his source, Avodah Zarah 1:9, exactly. In his commentary on that Mishnah, he states that, according to the halachah, the word "even" is out of place.

it is permitted to rent [homes to idolaters] - in Eretz Yisrael or in the Diaspora (Beit Yosef, Yoreh De'ah 151). Note the opinion of Tosafot and Rabbenu Nissim quoted by the Siftei Cohen (14Yoreh De'ah 151:17), which states that this prohibition applies only in Eretz Yisrael.

it is not permitted to rent - The Beit Yosef (ibid.) explains that in the Diaspora there is no prohibition against selling a house to an idolater (but not to a false deity itself). Once the house is no longer the property of a Jew, he is not responsible for what transpires in those premises.

to them for use as a dwelling, because they will bring idols into them - The Ramah (Yoreh De'ah 151:10) states that at present, there is no prohibition against renting homes to gentiles, because it is not customary for them to bring idols into their homes.

The Siftei Cohen (ibid.) takes issue with the Ramah, noting that in his community, it was customary for the gentiles to bring idols into homes. [Perhaps the difference between them centers on the issue of whether Christianity is considered idol worship or not. As mentioned, the Ramah does not consider it as such.] The Siftei Cohen does, however, quote a number of opinions that allow the Ramah's decision to be followed.

as [Deuteronomy 7:26] states: "Do not bring an abomination into your home." - Note the use of this proof-text in Chapter 7, Halachah 2, for another purpose.

It is, however, permitted to rent them homes to use as storehouses. - The Ra'avad notes that even this leniency is limited. One cannot rent one's home as a storehouse for wine used for pagan libations (18ןיי ךסנ). The commentaries explain that the Rambam also would accept such a decision, but includes it in his statements in Hilchot Ma'achalot Asurot, Chapter 13, where he explains that any benefit derived from יין נסך is forbidden.

It is forbidden to sell them fruit, grain, or other produce while it is attached to the earth. - Such a sale insures that the gentile will remain in Eretz Yisrael until after the harvest has been completed.

One may sell [these products] after they have been harvested or [before they have been harvested], on the condition that they will be harvested, and he must harvest them. - They need not, however, be harvested immediately after the sale (Siftei Cohen 151:15).

Why is it forbidden to sell them [land or anything attached to the land]? Because [Deuteronomy 7:2] states: "Do not be gracious with them." [This phrase - חן, the root of the verb תחנם, is also related to the word חניה, which means "resting place." Thus, the prohibition

can also be interpreted:] "Do not give them a resting place in the land." - Avodah Zarah 20a mentions this and the other two laws derived from the exegesis of this verse. From the Rambam's statements in Sefer HaMitzvot (negative mitzvah 50), it would appear that he regards these laws as essential elements of the Torah's commandment, and not as concepts added by the later Rabbis.

As long as they do not have a resting place in the land, their stay will be a temporary one. - As the Rambam emphasizes in Halachah 6, even the temporary presence of idolaters in Eretz Yisrael is undesirable.

[This prohibition also] forbids speaking about [idolaters] in a praiseworthy manner. It is even forbidden to say, "Look how beautiful that idolater's body is." - One may, however, praise God for making such a beautiful creation (Kessef Mishneh; Shulchan Aruch, ibid., 151:14, Orach Chayim 225:10). Thus, the Jerusalem Talmud (Berachot 9:1) relates that after seeing a beautiful gentile woman, Rabban Gamliel recited a blessing, praising God for creating her.

How much more so is it forbidden to praise their deeds or to hold their words dear, as [the phrase states]: "Do not be gracious with them." [This phrase - which prohibits graciousness in our relations with idolaters

can also be interpreted:] "Do not look at them graciously," for doing so will cause you to draw close to them and learn from their wicked behavior. - See Sefer HaChinuch (Mitzvah 426), which explains how our speech and actions inluence our behavior.

[Also implicit in the above phrase - 18ןח, the root of the verb תחנם, also is related to the word חנם, which means "without charge." Thus, implied by the verse

is that] it is forbidden to give them - The Siftei Cohen (ibid., 151:18) states that this applies to all gentiles, even Moslems who do not worship idols.

a present. - The Shulchan Aruch (Yoreh De'ah 151:11) states that this prohibition applies only when one does not know the gentile. Otherwise, the gift can be considered as having been given in anticipation or in reciprocation for favors from the gentile.

A present may, however, be given to a ger toshav - a gentile who accepts the seven universal laws commanded to Noah and his descendants, as explained in Halachah 6.

[as implied by Deuteronomy 14:21:] "You may give it - an animal which dies without being slaughtered properly

to the stranger - ger in Hebrew

in your gates so that he may eat it; or sell it to a gentile," [i.e., to an idolater]; it should be sold, not given. - Note Hilchot Ma'achalot Asurot, ibid., where the Rambam mentions this exegetic reference in another context.

We should provide for poor idolaters - even idolaters

together with poor Jews - Some authorities place emphasis on the word "together," explaining that it is permitted to give to idolaters only when they come together with the Jewish poor. If they come by themselves, however, one is not allowed to give them. The later authorities (see Turei Zahav, Yoreh De'ah 151:9; Siftei Cohen 151:19) do not accept this conclusion, and allow giving them gifts even when they come

for the sake of peace. - Tosafot (Gittin 61a) explains that since giving these donations establishes peace, granting them is not forbidden by the prohibition against giving gifts to gentiles mentioned in the previous halachah.

One should not rebuke idolaters [from taking] - from the produce which the Torah has allotted for the poor. Among the gifts that must be left for them to collect are:

leket - the stalks of grain which fall during the harvest. (See Leviticus 23:22; Hilchot Matnot Ani'im, Chapter 4.)

shich'chah - a sheaf which is forgotten in the field. (See Deuteronomy 24:19, Hilchot Matnot Ani'im, Chapter 5.)

and pe'ah - the ends of the field which the owner is forbidden to reap. (See Leviticus, ibid.; Hilchot Matnot Ani'im, Chapters 2 and 3.)

for the sake of peace. - According to Torah law, gentiles are not entitled to benefit from these gifts. Nevertheless, the Rabbis granted them permission to do so to prevent strife from arising between the Jews and their gentile neighbors.

One may inquire about their well-being - even on their festivals - when doing so might lead them to give thanks to their false deity

for the sake of peace. - The Shulchan Aruch, Yoreh De'ah 151:12, states that we may also visit their sick, bury their dead, and comfort their mourners.

One may never - even on a day other than one of their holidays (Gittin 62a)

repeat good wishes to them - since wishing them well once is sufficient to prevent ill-feelings from being established (Rashi, Gittin, ibid.).

Also, one should not enter the house of a gentile on one of his festivals to wish him well. - We have translated this phrase loosely, without dealing with the issue of whether the word shalom is included in the blessing as well. There are, however, authorities who maintain that this is the essential question at hand. Shalom is one of the names of God and should not be mentioned in a gentile's house on a day when he is involved in the worship of a false deity. According to this opinion, it is permitted to extend good wishes to a gentile, so long as this term is not used (Siftei Cohen, Yoreh De'ah 148:7).

The Siftei Cohen, ibid. and 148:12, states that even according to the opinions (see the introduction to Chapter 9) that state that many of these laws do not apply in the present age, this law must be observed.

If one encounters him in the marketplace, one may greet him - so that no ill-feelings are aroused, but should convey that greeting

meekly with a serious countenance - so that the gentile will not be so happy that he desires to give thanks to his false deity.

All the above matters apply only in an era when Israel is in exile among the idolaters - and has no control over Eretz Yisrael

or in an era when - although the Jews are living in Eretz Yisrael,

the idolaters are in power - and it is impossible for the Jews to undertake unilateral decisions as to the future of the holy land.

When, however, Israel is in power over them, it is forbidden for us to allow an idolater among us - in our land. Obviously, no such prohibitions would apply in the Diaspora, even where the Jewish community has established a certain degree of autonomy.

Even a temporary resident or a merchant who travels from place to place should not be allowed to pass through our land until he accepts the seven universal laws commanded to Noah and his descendents - The Rambam discusses these laws at length in Hilchot Melachim, Chapters 8-10. In Chapter 9, Halachah 1, there, the Rambam lists those laws. They are:

a) The prohibition against the worship of false gods;
b) The prohibition against cursing God;
c) The prohibition against murder;
d) The prohibition against incest and adultery;
e) The prohibition against theft;
f) The prohibition against eating flesh taken from a live animal;
g) The commandment to establish courts of law.

Note Hilchot Melachim 8:10 which states:

Moses was commanded by the Almighty to compel all the inhabitants of the world to accept the commandments given to Noah's descendants.

Likkutei Sichot (Vol. 26) explains that this responsibility is incumbent upon us at present. Even when we do not have the authority to enforce the observance of the seven commandments as law, we must do whatever we can to try to convince the gentiles to accept these practices. See also the Chatam Sofer (Choshen Mishpat, Responsum 185), who writes that it is a mitzvah to show gentiles the path to the service of God.

as [Exodus 23:33] states: "They shall not dwell - Sefer Hamitzvot (Negative Commandment 51) and Sefer HaChinuch (Mitzvah 94) consider this to be one of the 613 mitzvot of the Torah.

in your land" - The verse continues, "lest they cause you to sin against Me." If the gentiles accept these seven universal laws, they will not lead the Jews to sin. Otherwise, that possibility exists. Hence, we should have no contact with them.

i.e., even temporarily. - The Ra'avad objects to the Rambam's decision, exclaiming that such restrictions were never enforced or mentioned throughout our nation's history. He explains that the proof-text quoted by the Rambam applies to the seven Canaanite nations alone.

The Kessef Mishneh and others substantiate the Rambam's position from an abstract perspective, explaining that since the verse gives as a reason, "lest they cause you to sin," we may postulate that it applies to any gentile whose behavior can have a negative influence of this nature.

A person who accepts these seven mitzvot is a ger toshav. - Literally, a "resident alien."

A ger toshav may be accepted only in the era when the [laws of the] Jubilee Year are observed. - The Jubilee must be observed only when the entire Jewish people are dwelling in Eretz Yisrael. Therefore, when the tribes of Reuven and Gad and half the tribe of Menasheh were exiled by the kingdom of Assyria (see II Kings, Chapter 16), the observance of the Jubilee was nullified (Hilchot Shemitah V'Yovel 10:8).

The Tzafenat Paneach explains that although a ger toshav may be accepted only in the era when the laws of the Jubilee Year are observed, a gentile's acceptance of the seven universal laws commanded to Noah and his descendants is still of consequence, even in times when these laws are not followed. When a gentile observes these seven commandments, even in the present era, we are commanded to save his life (as stated in Halachah 1). It is, nevertheless, forbidden to allow him to dwell in Eretz Yisrael until the observance of the laws of the Jubilee is renewed. The Kessef Mishneh goes further and grants such a gentile permission to dwell in Eretz Yisrael.

Without entering the ideological and political debate associated with the return of the Jews to Eretz Yisrael and the establishment of a Jewish state in the present era, we must assume that the government in Eretz Yisrael is still subject to the good will of the gentile powers. Hence, the laws mentioned in this halachah cannot be put into practice at present.

In an era when the [laws of the] Jubilee Year are not observed, however, we may accept only full converts [to Judaism]. - The Rambam discusses the laws governing conversion (as well as further particulars regarding a ger toshav) in Hilchot Issurei Bi'ah, Chapters 13 and 14.