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The 6th Law
of Noah concerns the Establishment of Courts and Judges - a judical system according to the Laws of Noah.
Only text in light-blue are from authoritive sources expressive of the absolute
obligations upon the nations of the world. Anything else represents either my own elucidations of the law at hand
or something from another source not absolutely binding on the nations of the world.
THE FOLLOWING IS THE CODIFICATION OF THE SANHEDRIN'S CLARIFICATION OF THIS COMMANDMENT as
put forth by RAMBAM in the Mishneh Torah, Sefer Shoftim, Hilkhoth Melakhim u'Milhamotheihem 9:17 [14] through Chapter 10:2 [3] and 10:5
Chapter 9
9:17 [14] What does it mean that they are commanded concerning establishing law? They are obligated to set up judges and
magistrates in every major city to establish laws on the other six commandments of the seven commandments
of Noah, and to admonish the peoples to do them. A ben Noah that transgresses one of these seven commandments
is liable to be killed by decapitation.
9:18 What does this imply? One who does [literally: serves] foreign worship (idolatry),
or who curses the Name, or who spills blood, or who had intercourse with one of the six persons with whom sexual relations
are forbidden, or who stole even less than the worth of the smallest form of currency, or who ate the least bit from a limb
of an active [literally: living] animal, or meat from an active animal, or who who saw someone transgress
one of these seven laws and didn't have him judges and killed -- behold, such an individual as this is to
be killed by dicapitation.
9:19 It is because of this that all the lords of Shekhem were killed, since Shekhem stole [by
kidnapping Dinah?]. They, [the lords of Shekhem], saw and knew what had been done, but they did not apply
law. A ben Noah is sentenced to be killed with the testimony of one witness, with one judge, and with no
warning having been given at the time of the crime. A ben Noah is sentenced even by the testimony
of relatives, but not by the witness of a woman. A woman shall not serve as a judge for them.
Chapter 10
10:1 A ben Noah who by mistake transgressed one of his commandments is exempt from all punishment. This is
the case with the transgression of any commandment except for a person who kills by mistake. This is so because if the
redeemer of blood kills the one who mistakenly killed, the redeemer of blood is not put to death because of it. And
there is no city of refuge for the one who killed by mistake. (This
is so if he has not offically taken upon himself the 7 laws under a Jewish court, thus becoming a resident alien .) But with this having been said,
the courts are not to execute the one who killed by mistake.
10:2 Concerning what are these matters stated? Concerning a person who by mistake, transgressed one of the commandments of
Noah unintentionally; For example: Someone who had intercourse with his fellow's wife and imagined that she
was either his own wife or unmarried;
But if he knew that she was his fellow's wife, and did not know that she is forbidden
to him, or rather it came upon his heart that this matter of being with another man's wife is permitted to him,
and likewise if a person killed, and he did not know that it is forbidden to kill: Behold, this is near to purposeful
transgression and he is therefore put to death; This situation is not considered to them as a trangression by mistake, since it was upon him to learn and
he did not learn.
10:3 [2] A ben Noah who is forced by one forcing him to transgress one of his commandments, it is permitted to him
to transgress; Even if he is forced to transgress the prohibition against foreign worship (idolatry), he serves
/ worships it, since they (bnei Noah) are not commanded regarding sanctification of the Name; And the
minor, nor the deaf, nor the mentally handicapped are NEVER punished among them, since they are not legally obligated in the
commandments (literally: are not sons of the commandments).
10:7 [5] We already clarifed that all executions of a ben Noah are by decapitation, except if he had intercourse with the
betrothed maiden wife of an Israelite. In a case such as this, he is to be stoned. If he (the ben
Noah) had intercourse with her after they (the Israelite couple) had entered into the marriage-canopy (thus completing their
marriage), BEFORE they (the newly-wed couple) have had intercourse, he (the ben Noah) is executed by strangulation.
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Additional Prohibitions under the 7 Laws which were Received by the Courts:
[Noahide law does not require that any punishment be implimented by a human court for the transgression of any
of the following laws:]
Hilkhot Melakhim u'Milhhamotheham 10:8 - 14 [6-11]
10:8 [6] According to the teaching-received by the Great Court, the bneh Noah (plural for 'ben Noah') are only forbidden to cross-breed animals and in joining difference tree species
together; And there is no death penalty concerning these prohibitions; And one from the nations who hit an Israelite and caused the least bit of damage,
eventhough he is liable for death, he is not to be executed.
10:9 [7] Concerning circumcision - only Abraham and his seed were commanded concerning it, as it is stated, "You and your
seed after you," (Genesis 17:9-10). This excludes the seed of Ishmael, as it is stated, "for in Yiz'haq will your seed be called," (Genesis 21:12). And Esau is also excluded, for we behold that Yiz'haq said to Ya'aqov "and the blessing of Abraham
will be given to you, to you and to your seed," (Genesis 28:7) -- implied is that he alone is considered Abraham seed who keeps hold of his faith and his way
of uprightness, and they, the seed of Ya'aqov, are the ones obligated in circumcision regarding
the question whether the covenant of circumcision was to be passed through Yiz'haq or Esau.
10:10 [8] The Sages of Israel stated that the sons of Qa'tura are obligated in circumcision; and they are those
who are the seed of Abraham which came after Yishma'el and Yiz'haq. And since, as of today, the sons of Yishma'el
and the sons of Qa'tura have mixed, all of them have become obligated in circumcision on the eighth day; but they
are not to be killed for violation of it.
10:11 [9] A member of the non-Israelite nations who occupies himself in the Torah is liable for death; such
a one should not be occupied in Torah except for concerning their seven commandments alone. And likewise,
a member of the non-Israelite nations who ceased work, even on one of the weekdays other than the 7th
Day Sabbath, -- if he made it for himself like the Sabbath Day, he is liable for death; and there is no need to state
that if he made for himself a holiday, he is likewise liable.
10:12 The general principle of the matter: They are not to be allowed to innovate religious practice, or to create for themselves
commandments from their own minds. Either a person shall become a full member of the people of Israel (literally:
gehr sadaq - righteous convert) and thus accept upon himself all the commandments, or he shall
remain with his Torah [as it applies to non-Israelite nations, and not add to it nor detract from it.
And if he occupied himself in the Torah that is only binding upon Israel, or ceased working as a religious
expression, or innovated something religious -- they (the legal enforcement of non-Israelites) are
to hit him and punish him, and inform him that he is liable for death due to this; but he is not to be killed.
(I believe the "ben Noah" referred to in the following is a
non-Israelite dwelling in the Land of Israel, a geir toshav)
10:13 [10] A ben Noah who wants to do a commandment from the rest of the commandments of the Torah, in order to receive
reward -- they should not prevent him from doing it properly according to its legal details (halakha). And
if he brought an offering, they are to accept it from him. If he gave charity, they are to accept it from him;
and it appears to me that they (if Israelites receive the charity??) are to give it to the poor of
Israel, since he is given sustenance from Israel, and it is a commandment upon them (the Israelites) to enable him (the observant
ben Noah) to live; but a member from the non-Israelite nations who gives charity, we accept it from him, and give
it to the poor of the non-Israelite nations.
10:14 [11] The Court of Israel is obligated to erect judges for these resident converts (gehrei toshavim; non-Israelites
who formally accepted the Laws of Noah and dwell in the Land of Israel), to ajudicate for them according to these judgments,
in order that the world shall not be destroyed. If they saw to it have judges established (literally:
erected) from among them, they have them established; and if they saw to it that they establish judges for
them from among the Israelites, they establish them from among the Israelites.
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