NUM155 The principle philosophical and legal differences between American democracy and Judaism are thus viewing one's fundamental identity as an independent individual against being an organic part of a group, the idea of voluntary association and disassociation with any group versus integral membership within an organic community with no possibility of leaving, and the resulted status of one's duty to care for others in the group. These differences make it difficult for American Jews to integrate the two parts of their identity. As I discuss in the chapters that follow, the tensions American Jews feel often manifest themselves in many issues in social ethics, with American ideology pulling in one direction and Judaism pulling in another. The opposition, though, should not be exaggerated. In a number of ways, American Jews’ Jewish and American identities converge and reinforce each other. These factors explain the high degree of comfort Jews feel in America. On a practical level, Jews have fared much better politically and economically under American democracy than they have under the stratified societies of the Middle Ages and under most of the dictatorships of past or present. Jews in America have been legally protected from infringement in the free exercise of their religion, and they have enjoyed unprecedented political, cultural, and economic opportunities. The open, pluralistic view of community inherent in American ideology, while markedly different from most other societies’ view of community and, indeed, from Judaism’s own view, has provided a welcoming and nurturing context for Jews. Assimilation and intermarriage are real contemporary concerns for American Jews, but they are further proof of America's sincerity in creating an open society free from religious discrimination. Theoretical affinities also link the Jewish and American visions of community. Although Judaism places strong emphasis on the solidarity of the community, it has gone a long way to protect individuals and minorities. Rabbinic Judaism respects the rights of non-Jews to live as such, as long as they obey the seven laws given, according to tradition, to the descendants of Noah. (Compare T. Avodah Zarah 8:4, B. Sanhedrin 56a, Seder Olam chap. 5, Genesis Rabbah 16:6, 34:8, Canticles Rabbah 1:16, and M.T. Laws of Kings 9:1 For a throughout description and discussion of this doctrine, see Novak (1983) The Image of the Non-Jew in Judaism: An Historical and Constructive Study of the Noahide Laws. New York: Edward Mellon Press). In many passages, the Bible boldly proclaims equality in law between Jew and alien; For instance, “There shall be one law for you and for the resident stranger; it shall be a law for all time throughout the ages. You and the stranger shall be alike before the Lord; the same ritual and the same rule shall apply to you and to the stranger who resides among you.” (Numbers 15:15-16) Although the attitude of Jews toward non-Jews varied according to the specific conditions of their interaction, and although there were exceptions to the general principle of equal treatment, the Rabbis applied the principle not only in the ritual context in which it appears most often in the Bible but to broad areas of civil legislation as well. (B. Gittin 5:8-9, 61a; B. Bava Metzi’a 70b; B. Bava Batra 113a). Furthermore, Judaism does not missionize, except by example. (B. Yevamot 47a-b; J. Kiddushin 4:1 (65b); M.T. Laws of Forbidden Intercourse 13:14-145; S. A. Yoreh De’ah 268:2. Compare Encyclopedia Judaica, s.v. “proselytes.” That Jews were to be an example to other nations, see, for example, Isaiah 2:2-4, 11:10, 42:1-4; 49:6; Genesis Rabbah 43:7; and Leviticus Rabbah 6:5.) It even reserves a place for righteous gentiles in the World to Come. T. Sanhedrin 13:2, B. Bava Batra 10b, and M.T. Laws of Repentance 3:5. According to Samuel, on the Day of Judgment there is no distinction between Jew and Gentile; J. Rosh Hashanah 1:3 (57a). In all these ways, Jewish law and theology protect the rights of individuals and minorities and parallel in many ways the protections offered by American law and ideology. Jewish law also protects the rights of individual Jews and of minorities within the Jewish community. As I will discuss in some detail in Chapter Six, treatment of the poor in Jewish law and in actual practice has historically been truly remarkable in its level of service and humanity, and that continues to our own day. (See, for example, Deuteronomy 24:10-22; Compare also Exodus 22:21-26; 23:6, Leviticus 25:25-55; and Deuteronomy 15:7-11.) Jews are enjoined from tormenting the handicapped by, for example, insulting the death or placing a stumbling block in front of the blind, and, with the exception of a few functions that specific handicaps make it impossible to perform, the handicapped are treated in Jewish law like everyone else. (Leviticus 19:14)
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