Heresy in Judaism - On Legal Status

On Legal Status

The status of heretics in Jewish law is not clearly defined. While there are certain regulations scattered throughout the Talmud concerning the minim, the nearest approach to the English term "heretic," these are mostly of a haggadic nature, the codes taking little cognizance of them. The governing bodies of the Synagogue frequently exercised, from motives of self-defense, their power of excommunication against heretics. The heretic was theoretically excluded from a portion in the world to come (Maimonides, Yad, Teshubah, iii. 6-14), he was consigned to Gehenna, to eternal punishment (R. H. 17a; comp. Ex. R. xix. 5; compare D. Hoffmann, Der Schulchan Aruch und die Rabbinen über das Verhältnis der Juden zu Andersgläubigen, 2d ed., Berlin, 1894), but the Jewish courts of justice never attended to cases of heresy; they were left to the judgment of the community.

There are, however, in the rabbinic codes, laws and regulations concerning the relation of the Jew to the heretic. The sentiment against the heretic was much stronger than that against the pagan. While the pagan brought his offerings to the Temple in Jerusalem and the priests accepted them, the sacrifices of the heretic were not accepted (Ḥul. 13b, et al.). The relatives of the heretic did not observe the laws of mourning after his death, but donned festive garments, and ate and drank and rejoiced (Sem. ii. 10; Yad, Ebel, i. 5, 6; Yoreh De'ah, 345, 5). Scrolls of the Law, tefillin, and mezuzot written by a heretic were burned (Giṭ. 45b; Shulḥan 'Aruk, Oraḥ Ḥayyim, 39, 1; Yoreh De'ah, 281, 1); and an animal slaughtered by a heretic was forbidden food (Ḥul. 13a; Yoreh De'ah, 2, 5). Books written by heretics did not render the hands impure (Yad, She'ar Abot ha-Ṭum'ot, ix. 10; comp. Yad iv. 6; see Tumah); they might not be saved from fire on the Sabbath (Shab. 116a; Oraḥ Ḥayyim, 334, 21). A heretic's testimony was not admitted in evidence in Jewish courts (Ḥoshen Mishpaṭ, 34, 22; see Be'er ha-Golah ad loc.), and if an Israelite found an object belonging to a heretic, he was forbidden to return it to him (Ḥoshen Mishpaṭ 266, 2).