Mishum Eivah, Mipnei Darkei Shalom: Jews and Gentiles in the Modern World Reflecting on the relationship between modern values and halakhah

(35) If your kinsman, being in straits, comes under your authority, and you hold him as though a resident alien, let him live by your side: (36) do not exact from him advance or accrued interest, but fear your God. Let him live by your side as your kinsman.

MISHNA: Having mentioned a series of enactments instituted by the Sages for the sake of the betterment of the world, the Gemara continues: These are the matters that the Sages instituted on account of the ways of peace, i.e., to foster peace and prevent strife and controversy: At public readings of the Torah, a priest reads first, and after him a Levite, and after him an Israelite. The Sages instituted this order on account of the ways of peace, so that people should not quarrel about who is the most distinguished member of the community. Similarly, the Sages enacted that a joining of courtyards is placed in an old house where it had regularly been placed on account of the ways of peace, as will be explained in the Gemara. The Sages enacted that the pit that is nearest to the irrigation channel that supplies water to several pits or fields is filled first on account of the ways of peace. They established a fixed order for the irrigation of fields, so that people would not quarrel over who is given precedence. Animals, birds, or fish that were caught in traps are not acquired by the one who set the traps until he actually takes possession of them. Nevertheless, if another person comes and takes them, it is considered robbery on account of the ways of peace. Rabbi Yosei says: This is full-fledged robbery. Similarly, a lost item found by a deaf-mute, an imbecile, or a minor is not acquired by him, since he lacks the legal competence to effect acquisition. Nevertheless, taking such an item from him is considered robbery on account of the ways of peace. Rabbi Yosei says: This is full-fledged robbery. If a poor person gleans olives at the top of an olive tree and olives fall to the ground under the tree, then taking those olives that are beneath it is considered robbery on account of the ways of peace. Rabbi Yosei says: This is full-fledged robbery. One does not protest against poor gentiles who come to take gleanings, forgotten sheaves, and the produce in the corner of the field, which is given to the poor [pe’a], although they are meant exclusively for the Jewish poor, on account of the ways of peace. GEMARA: The mishna teaches that at public readings of the Torah, a priest reads first, and after him a Levite. The Gemara asks: From where are these matters derived? What is the source of this halakha in the Torah? Rav Mattana said: As the verse states: “And Moses wrote this Torah, and delivered it to the priests, the sons of Levi” (Deuteronomy 31:9). The Gemara explains the inference: Is that to say I do not know that the priests are the sons of Levi? Why is it necessary for the verse to say this? Rather, the Torah was first delivered to the priests and afterward to the other Levites, and this serves as the source for the enactment that first a priest reads from the Torah, and after him a Levite. Rabbi Yitzḥak Nappaḥa said that this halakha is derived from here, as it is written: “And the priests, the sons of Levi, shall come near” (Deuteronomy 21:5). The Gemara asks: Is that to say I do not know that the priests are the sons of Levi? Rather, the Torah was first given to the priests and afterward to the other Levites, and from this we learn that first a priest reads from the Torah, and after him a Levite. Rav Ashi said that this halakha is derived from here: “The sons of Amram, Aaron and Moses; and Aaron was separated, that he should be sanctified as most holy” (I Chronicles 23:13). This indicates that Aaron and his descendants, the priests, are considered to be holier than the rest of the tribe of Levi. Consequently, they are given precedence in public Torah readings. Rabbi Ḥiyya bar Abba said that this halakha is derived from here, as it is stated with regard to a priest: “And you shall sanctify him” (Leviticus 21:8), giving a priest priority for every matter of sanctity. And with regard to this verse, a Sage from the school of Rabbi Yishmael taught: “And you shall sanctify him,” giving a priest priority for every matter of sanctity: To open the discussion in the study hall first, to recite the blessing of Grace after Meals first, and to take a fine portion at a meal first, meaning that he can choose any portion at a meal for himself. Abaye said to Rav Yosef: According to this, why does the mishna teach that the priest reads first from the Torah on account of the ways of peace, indicating that this is a rabbinic enactment? Is it not by Torah law that he reads first? Rav Yosef said to Abaye: Indeed, it is by Torah law, but the reason that the priest reads first is on account of the ways of peace. Abaye objected: Aren’t the halakhot of the entire Torah also given on account of the ways of peace, as it is written: “Her ways are ways of pleasantness, and all her paths are peace” (Proverbs 3:17)? Consequently, this halakha is no different from the other halakhot in the Torah, all of which were given to increase pleasantness and tranquility in the world. Rather, Abaye said: The mishna’s statement that a priest reads first from the Torah on account of the ways of peace is in accordance with what was said by my master, Rabba. As it is taught in a baraita (Tosefta, Berakhot 5:3): When two people are eating together from a single dish, they must wait for each other, but if there are three, each eats when he wishes and they do not need to wait for each other. Generally, the one who breaks bread extends his hand to take food first, but if he wishes to show respect to his teacher or to one who is greater than he and allow him to take first, he has permission to do so. And the Master, Rabba, said with regard to this baraita: They taught this with regard to a meal, that one may show honor to a person of greater stature and allow him to take food first. But in the synagogue, one may not show another honor, because the congregants are liable to come to quarrel about who is the most distinguished among them. Accordingly, the ruling of the mishna is that to prevent strife and controversy, it is not permitted for a priest to honor an Israelite and allow him to read first from the Torah in his place.

(9) One woman may lend to another who is suspected [not to observe properly the laws] of the Sabbatical year, a flour-sieve, a winnow, a handmill, and a stove, but she may not assist her to winnow nor to grind. The wife of a ‏chaver [one who scrupulously observes the detailed laws of tithes and ritual purity] may lend to the wife of an unlearned person, a flour-sieve or a winnow, and may aid her to winnow, to grind, or to sift; but as soon as water is poured over the flour, she may not further assist her, for we may not aid those who transgress the law. All of [these permitted acts] are due to "ways of peace." We may aid non-Jews [who works in the fields] during the Sabbatical year, but [we may not] aid an Israelite; and we ask how he is, due to "ways of peace."

(18) A city which includes both Jews and Idolaters, the leaders should collect money from both Jews

and Idolaters for the sake of peace, and they should support the poor of both Idolaters and Jews for the sake of peace. And they should eulogize and bury the dead of Idolaters for the sake of peace. They should comfort the mourners from among the Idolaters for the sake of peace.

Mishnah: A Jewish woman should not serve as a midwife for a pagan woman because she is birthing a child for paganism. But a pagan woman may serve as a midwife for a Jewish woman. A Jewish woman should not nurse the child of a pagan woman, but a pagan woman may nurse the child of a Jewish woman, with her permission.

Gemara: The rabbis taught: A Jewish woman should not serve as a midwife for a pagan woman because she is birthing a child for paganism. And a pagan woman may not serve as a midwife for a Jewish woman because they are suspected of murder, quoth Rabbi Meir. And the sages say: A pagan woman may serve as a midwife for a Jewish woman so long as other women are there, but not just the two of them. And Rabbi Meir says: Even if others are present, no, because the pagan midwife may crush the fontanel of the newborn and kill it without being noticed....

There is a contradictory source: A Jewish woman may serve as a midwife for a pagan woman for pay, but not for free. Rabbi Joseph said: For pay it is allowed because of animosity. Rav Yosef offered the logic to say that one may birth a pagan's child on Shabbat for pay due to animosity. Abaye said to him: She can just explain that for our own who observe the Sabbath we may profane it, but we may not profane it for those who do not observe it.

(12)...And thus it appears to me that we deal with the sojourning converts with proper conduct and acts of loving kindness like a Jew – for we are commanded to sustain them as it states "To the sojourner in your gates give it to them and let them eat" (Devarim / Deut. 14:21) and this as what our sages said – how do we double for them peace among the nations – not for a sojourning convert. And even for non-Jews – our sages commanded us to visit the sick and to bury their dead with the dead of the Jews and to give sustenance to their needy among the needy of the Jews – because of promoting peaceful ways. Behold there is the verse - "Hashem is good with all and he is merciful upon all of his works" (Tehilim / Psalms 145, 9) and it is said "And its ways are ways of pleasantness and all its paths are peace." (Mishle – Proverbs 3, 17)

And know that nowadays, even the most worthy physicians are not the least bit cautious about this, for on every Sabbath they journey substantial distances to ten to idolaters and they themselves write and grind medicines, but they have no [halakhic] basis for doing so. For even if we say that it is permitted to violate the Sabbath with respect to a rabbinic prohibition in order to avoid hatred on the part of the idolaters (and even that is unclear: see Peri Megadim), all authorities agree it is forbidden to transgress a Torah-based prohibition; and those who do so are deliberate desecrators of the Sabbath, may God protect them.