From Parsha to Halakha Ki Tisa: May a Gentile keep Shabbat?

 

“A gentile who observes Shabbat is liable for death.” Why?

Nestled between the conclusion of the commandments to build the Mishkan (Tabernacle) and the Sin of the Golden Calf, is yet another Divine directive to observe Shabbat. The section concludes with two verses traditionally recited before blessing the wine for kiddush on Shabbat day:

“Nevertheless, you shall keep my Shabbatot (Sabbaths), for it is a sign between me and you for generations, to know that I am the Eternal who sanctifies you…

And the Children of Israel keep the Shabbat, to make Shabbat for generations, an eternal covenant. Between Me and the Children of Israel it is a sign for all time, for the Eternal made the heavens and the earth in six days and on the seventh day ceased work and refreshed.”^[1]

This iteration of the mitzvah to observe Shabbat begins with the word “akh” – nevertheless – which the Torah generally uses to introduce a mitzvah that is somewhat limited or qualified.^[2] Rashi teaches that this “akh” is exceptional as it qualifies the previous mitzvah – the commandment to build the Mishkan does not supersede Shabbat, no matter how zealous the people are to complete it.

But why might Israel think that the work of the Mishkan should override Shabbat?

In the Ten Commandments God states: “Six days you shall do your work; and the seventh day is Shabbat (rest) for the Eternal, your God…” Since the Mishkan was meant to be a place for the Shekhina (Divine Presence) to rest, within Israel and within this world, the people might think that building the Mishkan is not prohibited as it is not “your work” but “for the Eternal.”^[3]

Additionally, as Rashi explains, Shabbat “is a major sign between us; I chose you when I endowed you with My day of rest for [your] rest… for the nations to know that I am the Eternal who sanctifies you.”^[4] Shabbat is a sanctified time, the Mishkan is sanctified space; both are expressions of God’s unique relationship with Israel.

So why is it forbidden to build the Mishkan on Shabbat?

In the description of the creation the Torah states, “God blessed the seventh day and sanctified it…”^[5] God sanctifies Shabbat, and only later sanctifies Israel. Ibn Ezra explains that Shabbat observance is a sign because it acts as an affirmation that God created the world; God only sanctifies us when we observe this sign.^[6] Shabbat is a time to commune with God, the Mishkan is a space to commune with God, but without Shabbat observance there’s no place for the Mishkan. The Mishkan was constructed to be a physical place to meet with the Divine Presence and the Divine Presence only dwells in our midst when Israel is sanctified.

Just “between Me and you”

The sign of Shabbat is specifically “between Me and you,” God and Israel. Indeed, several talmudic and midrashic sources teach that Shabbat observance is exclusive to the relationship between God and Israel. Rabbi Yochanan quotes Rabbi Shimon bar Yochai that all other mitzvot were given publicly, but Shabbat was given privately – “between Me and you” – like a secret that only we share.^[7]

The midrash in Devarim Rabba also discusses the exclusive nature of Shabbat, albeit in a far more extreme statement:

“Rabbi Yossi bar Chanina said: A gentile who observes Shabbat, even though he did not accept mila (circumcision) upon himself, is liable for death. Why? Because he was not commanded [to observe] it.”^[8]

Rabbi Chiya bar Abba brings a metaphor of Rabbi Yochanan’s to explain this severe reaction. Just as someone who inserts themselves into a private communion between a king and his consort would be put to death, the same applies to someone who inserts themselves “between Me and you,” into the intimate unity of God and Israel on Shabbat.

The gemara in Sanhedrin brings this statement in a different context, within a discussion of the Seven Noahide Laws:

“Reish Lakish said: A gentile who observes Shabbat is liable [to be put to] death, as it says, ‘day and night shall not cease.’ And Mar said: [All] their prohibitions are [punished with] their death. And Ravina said: Even [if they rested] the second day of the week.”^[9]

The gemara asks: Why isn’t this prohibition listed in the Seven Noahide Laws? The answer: those seven laws are a list of prohibitions that are observed by refraining from a proscribed action – “shev v’al ta’aseh,” not a mitzvah that requires action – “kum aseh.” What about the mitzvah to set up a justice system, which is listed as one of the seven? The gemara answers that the commandment to set up a justice system also contains a prohibition against performing an injustice.

The gemara does not question this answer further, but we should. Shabbat observance is comprised of both a passive element of “shamor” – “keeping” Shabbat by refraining from work – and an active element of “zakhor” – remembering Shabbat to sanctify it through kiddush. These two elements could be understood much like the commandment to set up a justice system. A gentile must refrain from sanctifying Shabbat just as they must refrain from acting unjustly; consequently, they must actively work on Shabbat just as they must actively set up courts. So why isn’t this the eighth Noahide mitzvah?

Rashi versus Rambam

It’s possible Rashi was also troubled by this lingering question since he explains the Noahide mitzvah slightly differently. It’s not that Shabbat observance per se is prohibited, rather gentiles have an active mitzvah to do melakha (creative work) every day.^[10] This reading does not seem to be a creative interpretation, but rather the pshat (plain meaning) of Reish Lakish’s statement. He does not speak of “a gentile who keeps (shomer) Shabbat” but “a gentile who rests (shavvat)” and uses the prooftext “day and night shall not cease (yishbotu).” ^[11]

Rashi’s understanding is further bolstered by Ravina’s statement that such rest is prohibited any day of the week. As Rashi explains, the issue is “… not that he intends to rest like on Shabbat, which is a day of rest for Israel, or the first day of the week when the Christians rest, but just resting is prohibited so that they don’t refrain from their work.”^[12]

In Devarim Rabba Rabbi Yossi bar Chanina explained that a non-Jew may not rest on Shabbat because they are not obligated to do so. This seems to be the inverse of Reish Lakish’s statement according to Rashi. After the flood God commanded humanity to work every day, to create and develop the world. When God commanded Israel to observe Shabbat it superseded the previous obligation, but only on the seventh day, which is why we are commanded, “Six days you shall do your work and on the seventh day a rest for the Eternal, your God.”

Rashi focuses on Shabbat as a cessation of labor. What about Rabbi Yochanan’s statements that focus on the spiritual side of Shabbat and the intimate relationship between God and Israel?

This aspect is more apparent in Rambam’s explanation: “Even if he rested (shabbat) on a weekday, if he made it like Shabbat for himself he is liable for death… In general we do not let them invent a new religion or make up mitzvot for themselves. They can either be a righteous convert (geir tzedek) and accept all the commandments or remain with their Torah and not add or detract.”^[13]

Rambam explains that a gentile who observes Shabbat is essentially making up their own mitzvot or religion, as if they are challenging God’s Torah or trying to replace Israel. Though liable for death, this consequence is inflicted by God, not the beit din (courts).

It seems that Rambam would consider the Christian Sabbath on Sunday to be the epitome of this transgression. Interestingly, Rashi states the prohibition does not include the Christian day of rest. It’s possible that Rashi was worried about censors, but it’s also possible that he believed that the prohibition is solely refraining from creative work. Consequently, a gentile may observe a spiritual day of rest to commune with their Creator if they perform some type of work – be it the creative work (melakkha) prohibited by the Torah, or non-creative physical labor (tirkha), which contradicts the spirit of Shabbat but may only be a rabbinic prohibition.

Practical ramifications

Do not be tempted to think that without courts enforcing Noahide laws this dispute is purely academic. The nature of this prohibition has direct repercussions on the lives of people in the process of conversion to Judaism. In the past the practical question was mostly raised in conjunction with people whose status as a Jewish was questionable, such as “mal v’lo taval,” a person in the process of converting who has been circumcised but hasn’t immersed in the mikvah.^[14]

Today there is a far more widespread question: What should a prospective convert do on Shabbat? The gemara’s description of the conversion process indicates that it was relatively quick and could easily be completed within a week.^[15] Due to societal and halakhic factors, this is no longer the case; most potential converts spend months (if not years) waiting to complete the process. Righteous converts observe the mitzvot to the best of their ability and knowledge. This should include Shabbat – unless observing Shabbat is prohibited.

Many rabbis maintain that Shabbat observance is prohibited for all non-Jews, even potential converts. Several have suggested creative solutions or loopholes.^[16] Yet it’s possible these “solutions” are unnecessary, as such a person may be permitted to observe Shabbat.

Rav Asher Weiss explains that a potential convert who observes Shabbat because they believe in the Torah and want to be part of the Jewish People does not seem to be violating the prohibition in any way. According to Rambam the issue is the person making up their own laws or Torah, but a potential convert accepts that the Torah is unique to Israel and wants to keep Shabbat because their goal is to be part of Israel. Additionally, as we already noted, Rashi prohibits a gentile from taking a day of rest for rest’s sake, not if they are doing it to get closer to God and become a part of Israel.

God created humans in the image of God, physical beings with the power to create and a mission to work and develop this world, as well as spiritual beings with the power to transcend this physical world. When we observe Shabbat, we attest to God’s creation – we cease developing the physical potential in the world to focus on the spiritual.

Some may be tempted to claim that the prohibition against a non-Jew observing Shabbat is related to their lack of spiritual potential. Such an interpretation is untenable considering that non-Jews are permitted to perform almost every other mitzvah, such as bringing sacrifices and observing festivals.^[17]

Rashi seems to understand that humans are only permitted to rest from our physical work if we focus on our spiritual side. Consequently, a non-Jew who chooses to do so may also be permitted to observe a day of rest. Rambam indicates that a gentile who believes that Shabbat is a mitzvah for Jewish people alone, but wishes to voluntarily observe it may be permitted to do so. If this is the case then there is a way that any human who wishes can rest from their day to day labor to work on their relationship with their Creator.

 

[1] Shemot 31:13, 16-17

[2] Rashi ibid verse 13, based on the talmudic rule in TY Berakhot 9:5.

[3] For other explanations see Mekhilta d’Rabbi Yishmael Massekhta d’Shabbta 2.

[4] Rashi ibid verse 13 “ki ot hi beini u’beineikhem.”

[5] Bereishit 2:3

[6] Ibn Ezra ibid “ki ot hi beini u’beineikhem” and Mekhilta d’Rabbi Yishmael Massekhta dShabbta 1:17.

[7] TB Beitza 16a

[8] Devarim Rabba 1:25; a similar but shorter midrash is found in Shemot Rabba 25:11.

[9] TB Sanhedrin 58b quoting Bereishit 8:22. The gemara had previously established that gentile courts are only entitled to sentence transgressors to the death penalty. A gentile found guilty of any sin, even something like stealing, is executed. Consequently, if observing Shabbat is prohibited, the punishment for doing so is death.

[10] ibid 59b.

[11] This is somewhat related to the teaching the gemara brings immediately prior, also in the name of Reish Lakish: “Raish Lakish said: What does [it mean] when it’s written, ‘A servant of his land shall have his fill of bread?’ If a person makes himself a servant of the land he will have his fill of bread, if not, he will not have his fill of bread.”

[12] Rashi TB Sanhedrin 58b “Oved kokhavim she’shabat” and “Amar Ravina.”
Radbaz on Hilkhot Melakhim 10:9 explains that this does not refer to a non-Jew who happened to rest one day, but rather someone who purposely decides they will rest from all work for a full day.

[13] Hilkhot Melakhim u’Milkhamot 10:9.

[14] This question led to an intense halakhic dispute in mid 19^th century Jerusalem between the majority of Sephardic and Ashkenazic rabbis, the foremost Rabbi Shmuel Salant, and Rabbi Asher Lemel. For more see Shomer Zion Ha’Ne’eman 154-158, Teshuvot Binyan Tzion 91, Toldot Chakhmei Yerushalayim IV addendum to Vol. III. And more. Collected by the Kollel Institute of Greater Detroit in “Yad Shlomoh” New York, 5747.

[15] TB Yevamot 45b-47b

[16] For more see Contemporary Halakhic Problems 4:5.

[17] Rambam Hilkkhot Melakhim 10:10