Reading Room

ViewPoint

Part 2: Social Justice for B'nei Noach?
May 1998

The following ViewPoint was intended to provoke thought and discussion.

[Note: In last month's ViewPoint, "Part 1: Social Justice for B'nei Noach?," we began examining whether or not B'nei Noach has the ability to keep the Law of Justice in today's American society . . .]

As stated previously, the Constitution of the United States of America says, in part: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..." Therefore, the First Amendment appears to be the stumbling block which prohibits B'nei Noach from prescribing mandatory observance of the Law of Justice (as well as the other six Laws).

However, another critical concept must be factored into the equation before we can reach a definite conclusion: we must determine if the observance of the Sheva Mitzvot is classified as a "religious" observance.

We have been taught in The Path of the Righteous Gentile (page 45, Halacha 24 ) that B'nei Noach is permitted to create or develop a new religion based exclusively on the Seven Laws of Noah. This apparent halacha leads us to ask the question: Is the observance of the Seven Laws a new religion? We know the Seven Laws are the world's oldest religious doctrine, according to The Path of the Righteous Gentile (page 4, [see Mishneh Torah, Laws of Kings, chapter 9, Law 1] ).

Historically, Adam and Chava observed six commandments, Noach observed the Sheva Mitzvot, and Avraham, Yitzchak and Yaakov observed not only the Seven Laws, they observed most of the 613 mitzvot of the Torah, even before the mitzvot were given to Moshe Rabbenu (Moses, our Teacher) at Har Sinai. Their observance of the mitzvot is deemed a religious observance. Therefore, if we are permitted to create or develop a new religion (ante-Zeman Mattan Torahtenu), then we must concede that our observance, too, is a religious observance. Importantly, we must be cognizant of the fact that we cannot attempt to recreate the observances Avraham and his descendants practiced prior to the giving of the Torah at Mt. Sinai, since this period of time was considered the period of "roots." (see RamCHal's Derech Hashem)

Upon further reflection, the First Amendment is, in fact, somewhat of a dichotomy; on one hand the First Amendment clearly prevents Congress from making a law mandating observance of the Divinely-ordained Law of Justice, and on the other hand it seemingly does not allow Congress to make a law mandating observance of man-made idolatrous religious beliefs upon American citizens. In other words, the First Amendment, which protects B'nei Noach from mandated idolatry, conversely prohibits B'nei Noach from establishing G-d's commandments as the basis for a moral American society. Clearly, our question posed in the previous ViewPoint has been answered: The Constitution of the United States of America does NOT permit B'nei Noach to prescribe mandatory observance of the mitzvah of the Law of Justice.

In retrospect, B'nei Noach has two (serious) options available if we want to observe the Law of Justice (as well as the other six mitzvot) in America:

1. Gain enough voter support to constitutionally override and amend the First Amendment of the Constitution of the United States. (That's what amending the Constitution is all about.) We would have to ensure that people are properly educated regarding the Seven Laws, and we would have to ensure that the wording of the amendment would protect us from the possibility of ever being controlled by an idolatrous religion.
2. Choose to voluntarily observe the mitzvot without changing the Constitution. (This is what the observant Jewish community does - they govern themselves and have their own Beis Din to rule on halachic issues.) This solution works, except in the event of capital crimes. Again, we would have to ensure that people are properly educated regarding the Seven Laws, and we would have to ensure that we have qualified judges to rule in the B'nei Noach Beis Din.

As we have noted, the Constitution allows idolatrous religions to flourish in the land. It also protects us from a State-instituted idolatrous religion. I, for one, do not want to destroy that safeguard. Therefore, we must become proactive in chinuch - education. The Rebbe stressed the importance of education, and we understand its importance. Education removes ignorance; education is critical to the survival of the B'nei Noach movement in this era. Torah chinuch is the key to destroying idolatry in America and in the world. B'nei Noach can have and observe Social and Moral justice within its own community - but we must first become a community dedicated to the service of G-d, Torah and Israel.

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