הגונב את הגוי או שגנב נכסי הקדש אינו משלם אלא הקרן בלבד שנאמר ישלם שנים לרעהו , לרעהו ולא להקדש , לרעהו ולא לגוי ׃
“He that steals from a Gentile, or he that steals property devoted to sacred purposes, is only to pay the principal: for it is said, ‘He shall pay double unto his neighbour.’ (Exod. xxii. 8, English 9.) To his neighbour, not to devoted property. To his neighbour, and not to a Gentile.” (Hilchoth Genevah, c. ii. 1.) The same decision is given with respect to the law found, Levit. v. 20, in English vi. 1, “If a soul sin, and commit a trespass against the Lord, and lie unto his neighbour, ... all that about which he has sworn falsely; he shall even restore it in the principal, and shall add the fifth part more thereto.” The oral law says—
הנשבע לגוי משלם את הקרו ואינו חייב בחומש שנאמר וכחש בעמיתו ׃
“He that sweareth to a Gentile must pay the principal, but is not bound to add the fifth part—(why not?) because it is said, ‘and lie unto his neighbour.’” (Hilchoth Gezelah, c. i. 7.) So that the reason here assigned why the Gentile is not to get the fifth part in addition, is, because he is not a neighbour. In like manner, in the 11th chapter of this same treatise, which treats of the restoration of things found, it is expressly commanded to restore whatever belongs to a Jew, because he is a brother; but to keep whatever belongs to an idolater, because he is not a brother.
השבת אבדה לישראל מצות עשה שנאמר השב תשיבם ׃
“To restore to an Israelite anything that he has lost, is an affirmative commandment, for it is said, ‘Thou shalt in any case bring them again unto thy brother.’” (Deut. xxii. 1.)
אבדת גוי עובד ע׳׳ז מותרת שנאמר אבדת אחיך , והמחזירה הרי זה עובר עבירה מפני שהוא מחזיק ידי רשעי עולם , ואם החזירה כדי לקדש את השם שיפארו את ישראל וידעו שהם בעלי אמונה הרי זה משובח ׃
“Anything that a Gentile has lost is lawful, for it is said, ‘With all lost things of thy brother’s.’ (Deut. xxii. 3.) And he that restores it transgresses a transgression, for he strengthens the hands of the wicked of the world. But if he restore it in order to sanctify the Name, that they may think well of Israel, and know that they are honest people, this is praiseworthy.” In these passages (and many more might be added if it were necessary) it is plainly taught that an idolatrous Gentile is not to be regarded as “our neighbour,” or our brother. We think, then, that we have fully proved that the Jewish deputies in France, and the compilers of the Jewish Catechism in Bavaria, did not learn their exposition of the command, “Thou shalt love thy neighbour as thyself,” from the Talmud; neither in the particular passage which they quote, nor from the general principles of the Talmudic system. We have already stated our belief that they learned that exposition from the New Testament, for there it is taught plainly and repeatedly. We quoted, in proof, a parable spoken by the Lord Jesus Christ. We shall now add a few more passages in confirmation.
As to showing kindness to all our fellow-men, the New Testament teaches us to make no exception with regard to idolaters, or others who have not the same creed, but gives the following general rules:—“As we have, therefore, opportunity, let us do good UNTO ALL MEN, especially unto them that are of the household of faith.” (Gal. vi. 10.) “See that no man render evil for evil UNTO ANY MAN; but ever follow that which is good both among yourselves, and TO ALL MEN.” (1 Thess. v. 15.) “The Lord make you to increase and abound IN LOVE one toward another, and TOWARD ALL MEN.” (1 Thess. iii. 12.) You observe that in these general rules the New Testament makes no reservation with respect to idolaters, or epicureans, or heretics, or any other of those unfortunate beings whom the Talmud outlaws from all the common charities of humanity. It commands us to do good to all—and that not to avoid enmity, nor for the sake of the ways of peace, nor because we are afraid, nor because we wish them to speak well of us, and to be thought honest people, but because it is our duty. The New Testament requires of its followers, not only to abstain “from active violence” in injuring them, but to do active good in assisting them, and the examples, which it proposes for our imitation, are of the same character as the precepts which it imposes upon our obedience. It sets before us Jesus of Nazareth, whom the traditionists crucified, praying for his murderers, and saying, “Father, forgive them; for they know not what they do”—and Stephen, his first martyr, interceding for them that stoned him, “Lord, lay not this sin to their charge.” And Paul, whose feelings to those who differed from him in religion are thus expressed, “Brethren, my heart’s desire and my prayer to God for Israel is, that they may be saved.” It sets before us the disciples of the Lord Jesus healing the diseases of all who applied, without reference to their religious opinions. (Acts xix. 11.) We repeat our question, then, which system is according to the truth and the will of God, the Talmud, or the New Testament? Your brethren in France and Bavaria have declared, by adopting the New Testament exposition, that it is right; and by rejecting the intolerant principle which pervades the oral law, that the oral law is wrong. We trust that your hearts respond to their declarations. But we do not rest the decision on the natural feelings of the heart, we appeal to Moses and the prophets.
The question is, do the laws, which God gave respecting the idolatrous nations of Canaan, apply to all other idolaters, and under all circumstances? The oral law answers this question in the affirmative, and hence the source of all those revolting laws which we have just considered. But the oral law is wrong: 1st, Because it draws a general conclusion from a particular case, which is contrary to all sound reasoning. That the command to destroy these nations was peculiar appears from the command itself—God does not speak generally of all the heathen, but only of certain nations which he specifies—“When the Lord thy God shall bring thee into the land, whither thou goest to possess it, and hath cast out many nations before thee, the Hittites, and the Girgashites, and the Amorites, and the Canaanites, and the Perizzites, and the Hivites, and the Jebusites, seven nations greater and mightier than thou; and when the Lord thy God shall deliver them before thee; thou shalt smite them, and utterly destroy them; thou shalt make no covenant with, nor shew mercy unto them.” (Deut. vii. 1, 2.) Here the command is precise, and is as much violated by extending it to those to whom God has not extended it, as by refusing to execute it on those whom He has here designated as the just victims of his wrath.