The Rebbe's Rambam | Marking the completion of the entire set

Hilchos Melachim | Ch 10

mikln zekld

420

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righteous converts and accept all of the com mandments, or uphold their own laws without adding or detracting. If he did engage in the study of Torah, observed Shabbos or innovated anything, he should be flogged and punished, and informed that [95] he is liable to the death penalty for this. However, he is not actually executed. A descendant of Noach who wishes to perform a commandment from among the other com mandments of the Torah aside from Shabbos and Torah study in order to receive reward, should not be prevented from doing so, even according to its exact laws. If he brings a burnt offering, it should be accepted from him. [96][97] If he gives charity, it should be accepted from him; and it

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 95. “He is liable to the death penalty for this. However, he is not actually executed” The Kesef Mishneh explains that he is obligated to die in the hands of Heaven for having neglected the basic responsibility to be constantly productive [see the previous segment]. As the Talmud says, “A gentile who observed Shabbos is liable to receive the death penalty, as it is stated [after the great flood]: ‘And day and night shall not cease [from productivity].’” 311 Never theless, he is not to be executed since this is not one of the Seven Laws which warrant capital punishment by the court. 312 His explanation is only necessary in order to explain the Rambam. The Ramban, 313 on the other hand, would simply explain that we do not administer capital punishment unless there is a forbidden act . Since resting is passive and not active, he is exempt from the death penalty (even if the prohibition to rest was included in the Seven Laws). 314 Likkutei Sichos vol. 5 pg. 158 & fn. 61 & margin note 96. “If he gives charity, it should be accepted from him” It is clear from the context of this halachah that the Seven Noahide Laws do not include tzedakah. There

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Pardes Hamelech

fore, according to the Rambam, gentiles are not re quired to provide for the poor. Now [as explained in the Segment 82], the Ramban disagrees with the Rambam’s general outline for the Seven Noahide Laws. In his opinion, all the mitzvos of the Torah which are bein adam lechavero (between man and his fellow) are included in the sixth of the Noahide Laws, the command to establish laws and courts of justice. He includes the laws of theft, dishonest busi ness dealings, employee rights, custodianship, rape, seduction, damages, loans, commerce and any other laws which are the bedrock of any civil society. 315 According to the Rambam, however, most of these were exclusively intended for the Jewish nation, ex empting the rest of the world, as explained in the previous chapter. We can thus assume that the disagreement between the Rambam and the Ramban extends to the concept of tzedakah as well; the Rambam would view tzedakah as a voluntary act rather than a mandatory obligation, while the Ramban would argue that tzedakah should be considered part of the overall commandment to establish laws and maintain social order. The Ramban believes that without the practice of charity, a society will eventually fall apart and disintegrate. The story of Sodom appears to align with the

.315 .÷åçã åöåøéú ìáà ,(æñ ,á úéùàøá) ô"äò ú"åúá íâ ïë äù÷ä .ò''ôá ìæâ ìò ååèöð ,äîì ïåéò êéøö æ"ôòå) .(âé ,ãì çìùéå) ú"äò åùåøéôá