No need for a Sanhedrin to enforce the Noahide Laws say Rabbi Schneerson

The question of the Sanhedrin has been a bone of contention for the opponents of Jewish Noahide Law in America.  Whenever we point out the anti-Gentile bigotry, the Jewish supremacism and the murderous consequences of USA Public Law 102-14, Jews and Noahides are quick to sneer back “there is no Sanhedrin, these laws are not actionable, stop complaining!” [The Sanhedrin Is Reviving However (See Here)] But it would seem from our research that the idea that a Sanhedrin is needed to kill or punish non-Jews is not such a hard and fast rule, and the “extrajudicial” killings and punishment of non-Jews or the enforcement of Noahide Law without the Sanhedrin has its proponents.  One Rabbi who promoted the idea that no court is needed to use “force” to make non-Jews follow the Noahide Laws was Rabbi Menachem Mendel Schneerson, the very Rabbi honored in Public Law 102-14, a law which makes the principles of Jewish Noahide Law the foundation of American civilization and requires the USA to promote these principles internationally, principles which are full of hatred for non-Jews and give Jews the right to reign supreme. If we are to honor the words of Rabbi Schneerson found below, as he is honored in Public Law 102-14, than Jews would be given the right to commit extrajudicial murders of non-Jews or enforce Noahide Law with or without a Sanhedrin in Israel.

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RABBI SCHNEERSON HONORED IN PUBLIC LAW 102-14

Begun and held at the City of Washington on Thursday, the third day of January, one thousand nine hundred and ninety-one Joint Resolution To designate March 26, 1991, as `Education Day, U.S.A.’. Whereas Congress recognizes the historical tradition of ethical values and principles which are the basis of civilized society and upon which our great Nation was founded; Whereas these ethical values and principles have been the bedrock of society from the dawn of civilization, when they were known as the Seven Noahide Laws; Whereas without these ethical values and principles the edifice of civilization stands in serious peril of returning to chaos; Whereas society is profoundly concerned with the recent weakening of these principles that has resulted in crises that beleaguer and threaten the fabric of civilized society; Whereas the justified preoccupation with these crises must not let the citizens of this Nation lose sight of their responsibility to transmit these historical ethical values from our distinguished past to the generations of the future; Whereas the Lubavitch movement has fostered and promoted these ethical values and principles throughout the world; Whereas Rabbi Menachem Mendel Schneerson, leader of the Lubavitch movement, is universally respected and revered and his eighty-ninth birthday falls on March 26, 1991; Whereas in tribute to this great spiritual leader, `the rebbe’, this, his ninetieth year will be seen as one of `education and giving’, the year in which we turn to education and charity to return the world to the moral and ethical values contained in the Seven Noahide Laws; and Whereas this will be reflected in an international scroll of honor signed by the President of the United States and other heads of state: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That March 26, 1991, the start of the ninetieth year of Rabbi Menachem Schneerson, leader of the worldwide Lubavitch movement, is designated as `Education Day, U.S.A.’. The President is requested to issue a proclamation calling upon the people of the United States to observe such day with appropriate ceremonies and activities. – GOOGLE “Public Law 102-14″, Library of Congress

OUR SOURCE 

We retrieved Rabbi Scheerson’s comments regarding “extrajudicial” enforcement of Noahide Law from the brief “The Obligation of Jews to Seek Observance of Noachide Laws by Gentiles: A Theoretical Review by Rabbi Michael J. Broyde”.  The brief can be found on the website www.jlaw.com.

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Halacha today deals with certain legal concepts, such as the corporate entity, which have no direct precedent in Halachic sources. At the same time, the American judicial system from time to time is asked to confront and even apply areas of Halacha dealing with such diverse matters as kashrut and gittin (Jewish bills of divorce). In order to forge a better understanding of the interaction between Halacha and secular law, Jewish Law presents a wealth of information — much of which is exclusive in cyberspace to this website — on Halacha, Jewish issues and secular law. But Jewish Law seeks to accomplish more. We have designed this site not only as a research center in order to learn and acquire knowledge, but also as a place for people to “meet” and communicate with each other for professional networking purposes. – http://www.jlaw.com/About/

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THE RABBI BELIEVES THERE IS NO NEED FOR A “BET DIN” TO ENFORCE NOAHIDE LAW

“Moses our Teacher was commanded by the Almighty to compel the world to accept the Commandments of the Sons of Noah. Anyone who fails to accept them is executed.” –Maimonides, Mishneh Torah (Rambam), Laws of Kings and Wars, 8.13

Maimonides was a Jewish legal scholar and the first person to write a systematic code of all Jewish law, a book called the Mishneh Torah, he also served as leader of Cairo Egypt’s Jewish community. (Maimonides, Jewish Virtual Library). Moses Maimonides’s Magnum Opus, the Mishneh Torah, deals specifically with criminal law, it was published no less than six times in the fifteenth century. (Mishneh Torah, Virtual Jewish Library). While there is certainly not consensus on the issue, Maimonides was of the legal opinion that no Sanhedrin was needed to execute Noahides.  This comes from his text Malachim 8:10:

FOOTNOTE 69: Maimonides, Malachim 8:10. In explaining the source for this ruling of Maimonides, Rabbi Karo states in Kesef Mishnah Mila 1:6 that “Rabbenu learned this rule from what is stated in Sanhedren 57a;” see also Yevamot 48a. The dispute between Maimonides and others revolve around the talmudic statement (Sanhedren 57a) that “on seven commandments Noachides are killed.” Maimonides understands this as not limited to judaical punishment in a court of 23 when the Sanhedren is functioning (as is required to execute a Jew for a violation) but includes “extra-judaical” activity. Those who argue (see section 2) limit this statement to judicially sanctioned executions. – Jewish Law Article, The Obligation of Jews to Seek Observance of Noachide Laws by Gentiles: A Theoretical Review by Rabbi Michael J. Broyde

Again, while we cannot say their is legal consensus on this matter, Rabbi Schneerson, the Rabbi honored n Public Law 102-14, is in agreement with Maimonides on this issue, sighting his very “Malachin 8:10″ to explain why Jews are not obligated to have a “beit din” (Jewish court) to enforce the Noahide Laws. It is true that Schneerson uses the word “ger toshav” which is a Noahide living inside Israel, but he references Maimonides whose commands applied to “the world” and not Israel alone.  Whether in Israel or outside of Israel, Schneerson was referencing the fact that Maimonides argued that there was no need for a Sanhedrin and that Jews could commit “extrajudicial” killings in regards to Noahide Law. Rabbi Schneerson does however mention that at times it might not be possible for Jews to enforce Noahide Law, and under those circumstances the Jewish community should resort to more “pleasant” methods.

One modern responsa stands out as advocating an approach completely different from that generally accepted by Jewish law. The strongest case that a Jew is obligated to teach and persuade a Gentiles to keep the seven commandments is found in the writings of Rabbi Menachem Mendel Schneerson of Lubavitch, in one of his classical responsa.^[148] After quoting Maimonides, Malachim 8:10 discussed in part one, Rabbi Schneerson states:

It is obvious that this obligation [found in Maimonides, Malachim 8:10] is not limited only to a Jewish court, since this commandment is unrelated to the presence of a ger toshav (resident alien), and thus what is the need of a beit din. . . . Thus, this obligation is in place in all eras, even the present, when no gera toshav can be accepted and it is obligatory on all individuals who can work towards this goal. So too, this commandment is not limited to using force — where, in a situation we cannot use force, we could be excused from our obligation — since the essence of the obligation is to do all that is in our power to ensure that the seven Noachide commandments are kept; if such can be done through force, or through other means of pleasantness and peace, which means to explain [to Noachides] that they should accept the wishes of God who commanded them in this rules. This is obviously what is intended by Maimonides. – Jewish Law Article, The Obligation of Jews to Seek Observance of Noachide Laws by Gentiles: A Theoretical Review by Rabbi Michael J. Broyde

FOOTNOTE 148: Rabbi Menachem Mendel Schneerson Sheva Mitzvot Shel Benai Noach, Hapardes 59:9 7-11 (5745). This responsa has been reprinted in a number of places; see e.g. Responsa Shavit 7:1. For Rabbi Stern’s reply, see Responsa Shavit 8:3 (asserting that Maimonides’ ruling is limited to enforcing acceptance, rather than observance). In this author’s opinion, Rabbi Stern’s distinction is difficult to accept as Maimonides, in the three sources cited above, appears to be speaking about observance as well as acceptance. Any other reading leaves Maimonides internally inconsistent and not based logically on the talmudic source found in Sanhedren 57a, as Kesef Mishna states he is. 

CONCLUSION 

So now we have a bigger question to answer here, does Israel even need a Sanhedrin to being executions and punishments for those tho transgress Noahide Laws under Public Law 102-14? It would seem that there are legal disputes among top Jewish legal authorities on whether a Sanhedrin is even needed to enforce these laws. Rabbi Schneerson seems to be in agreement with Maimonides that no Sanhedrin is needed to enforce the Noahide Laws. But Rabbi Schneerson said that if Jews are no in a position to enforce Noahide Law they should use more “pleasant” methods… should we allow the Jews to bide their time while their political power continues to expand with the rise of the nation of Israel? The answer to any self-respecting non-Jew would have to be a resolute NO!