Medieval and modern halakhic attitudes on the applicability of Biblical rabbinic law concerning the Seven Nations and the ancient pagans to contemporary non-Jews : a study in Halakhah, exegesis and history

• Main Author: Charlap, Yaakov
• Other Authors: Kaplan, L. (advisor)
• Format: Others
• Language: he
• Published: McGill University 1988
• Subjects: Jewish law > Interpretation and construction > History; Palestine in Judaism; Judaism > Relations; Interfaith marriage (Jewish law); Real property (Jewish law)
• Online Access: http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22570

This thesis focuses on two issues among the many comprising the broad subject of the relationship between Jews and non-Jews according to Jewish law. The issues are: (1) the prohibition against selling real estate in the land of Israel to non-Jews; and (2) the prohibition against intermarriage. === The prohibition against selling real estate in the land of Israel to non-Jews is based upon a Rabbinic interpretation of the phrase "lo Tehanem" from Deut. 7:2. In the period of the "Rishonim" (from Maimonides till Radbaz) the general view was that this prohibition was still in force and applied to contemporary non-Jews. From the beginning of the modern era, however, this prohibition, as a result of the new reality facing the struggling Jewish settlement in the land of Israel, became problematic. === The prohibition against intermarriage underwent a reverse development. During the Talmudic period most of the Rabbis, guided by the context of the Biblical text, argued that the Biblical prohibition only concerned the "Seven Nations" who used to live in Canaan at the time of the conquest and the settlement. But at the beginning of the modern era a rabbinic consensus gradually emerged that this Biblical prohibition related not only to the "Seven Nations" or "Ancient Pagans", but to all non-Jews at all times. (Abstract shortened by UMI.)