ואמר ר' יוחנן עובד כוכבים שעוסק בתורה חייב מיתה שנאמר (דברים לג, ד) תורה צוה לנו משה מורשה לנו מורשה ולא להם וליחשבה גבי שבע מצות מ"ד מורשה מיגזל קא גזיל לה מאן דאמר מאורסה דינו כנערה המאורסה דבסקילה מיתיבי היה ר"מ אומר מניין שאפילו עובד כוכבים ועוסק בתורה שהוא ככהן גדול שנאמר (ויקרא יח, ה) אשר יעשה אותם האדם וחי בהם כהנים לוים וישראלים לא נאמר אלא האדם הא למדת שאפילו עובד כוכבים ועוסק בתורה הרי הוא ככהן גדול התם בשבע מצות דידהו:
And Rabbi Yoḥanan says: A gentile who engages in Torah study is liable to receive the death penalty; as it is stated: “Moses commanded us a law [torah], an inheritance of the congregation of Jacob” (Deuteronomy 33:4), indicating that it is an inheritance for us, and not for them. The Gemara challenges: But if so, let the tanna count this prohibition among the seven Noahide mitzvot. The Gemara explains: According to the one who says that the verse is referring to the Torah as an inheritance, this prohibition is included in the prohibition of robbery, as a gentile who studies Torah robs the Jewish people of it. According to the one who says that the verse is referring to the Torah as betrothed, as the spelling of the Hebrew word for betrothed [me’orasa], is similar to that of the word for inheritance [morasha], the punishment of a gentile who studies Torah is like that of one who engages in intercourse with a betrothed young woman, which is execution by stoning. The Gemara raises an objection to Rabbi Yoḥanan’s statement from a baraita: Rabbi Meir would say: From where is it derived that even a gentile who engages in Torah study is considered like a High Priest? It is derived from that which is stated: “You shall therefore keep My statutes and My ordinances, which if a man does he shall live by them” (Leviticus 18:5). The phrase: Which if priests, Levites, and Israelites do they shall live by them, is not stated, but rather: “A man,” which indicates mankind in general. You have therefore learned that even a gentile who engages in Torah study is considered like a High Priest. The Gemara answers: There, in the baraita, the reference is to a gentile who engages in the study of their seven mitzvot. It is a mitzva for a gentile to study the halakhot that pertain to the seven Noahide mitzvot, and when he does so he is highly regarded. §
(א) וְזֹ֣את הַבְּרָכָ֗ה אֲשֶׁ֨ר בֵּרַ֥ךְ מֹשֶׁ֛ה אִ֥ישׁ הָאֱלֹהִ֖ים אֶת־בְּנֵ֣י יִשְׂרָאֵ֑ל לִפְנֵ֖י מוֹתֽוֹ׃ (ב) וַיֹּאמַ֗ר יְהוָ֞ה מִסִּינַ֥י בָּא֙ וְזָרַ֤ח מִשֵּׂעִיר֙ לָ֔מוֹ הוֹפִ֙יעַ֙ מֵהַ֣ר פָּארָ֔ן וְאָתָ֖ה מֵרִבְבֹ֣ת קֹ֑דֶשׁ מִֽימִינ֕וֹ אשדת [אֵ֥שׁ] [דָּ֖ת] לָֽמוֹ׃ (ג) אַ֚ף חֹבֵ֣ב עַמִּ֔ים כָּל־קְדֹשָׁ֖יו בְּיָדֶ֑ךָ וְהֵם֙ תֻּכּ֣וּ לְרַגְלֶ֔ךָ יִשָּׂ֖א מִדַּבְּרֹתֶֽיךָ׃ (ד) תּוֹרָ֥ה צִוָּה־לָ֖נוּ מֹשֶׁ֑ה מוֹרָשָׁ֖ה קְהִלַּ֥ת יַעֲקֹֽב׃ (ה) וַיְהִ֥י בִישֻׁר֖וּן מֶ֑לֶךְ בְּהִתְאַסֵּף֙ רָ֣אשֵׁי עָ֔ם יַ֖חַד שִׁבְטֵ֥י יִשְׂרָאֵֽל׃
(1) This is the blessing with which Moses, the man of God, bade the Israelites farewell before he died. (2) He said: The LORD came from Sinai; He shone upon them from Seir; He appeared from Mount Paran, And approached from Ribeboth-kodesh, Lightning flashing at them from His right. (3) Lover, indeed, of the people, Their hallowed are all in Your hand. They followed in Your steps, Accepting Your pronouncements, (4) When Moses charged us with the Teaching As the heritage of the congregation of Jacob. (5) Then He became King in Jeshurun, When the heads of the people assembled, The tribes of Israel together.
מורשה לנו - ולא להם ואיכא משום גזל כדמפרש:
This is an act of thievery.
It's one of the Big Three- illicit relations, not rape.
A non-Jew113One who had accepted the Seven Commandments, i.e. a Resident Convert. who wishes to perform another Torah Commandment114Other than learning Torah or observing Shabbos. (merely) in order to receive a reward is not prevented from so doing in the Halochically correct way. Thus, if he brings the Olah (burnt) offering, we accept it from him. If he gives charity, we accept it from him. It appears to me, however, that we give these monies to the Jewish poor since he (the Resident Convert) is sustained by Israel, and they have a commandment to keep them (the Jews) alive. However, if a non-Jew115One who didn’t accept the Seven Commandments. gives charity, we take it and give it to the non-Jewish poor116We take for the “sake of peace”, but give it back to them since it is a disgrace for Jews to have to receive charity from non-Jews..
Beit Ha'b'chira, R' Menachem Ha'Meiri on Sanhedrin 58b:
I. ...and this is what is hinted here in "The non-Jew who observes Sabbath" - that one punishes him, saying: either he must take upon himself the yoke of the commandments, or he must refrain from innovating in our practices. II. But even when he appoints for himself other days, just as they said here "even on Monday" - they do not allow him to innovate and establish it as a festival for himself, resting on that day based on the concept of a Festival - for it looks as if he is a member of our people. But for the rest of the commandments, one should not prevent them from him, for they said to accept his sacrifices and his charities. III. And this is the rule if he engaged in Torah not for the sake of observing its essential commandments, but rather because his heart desires to acquire a deep understanding of our Torah and our Talmud - in this case he deserves to be punished, for people will infer that he is one of us because they see that he knows much - and as a result they may go after him errantly. IV. In any event, anyone who engages in the principles of the seven commandments along with all of their details and all that entails from them - even though this includes the majority of the principles of Torah, we pay him respect, even as much as the High Priest, for there is no fear of someone going after him errantly since he is engaged in what is his. V. And all the more so if the purpose of his inquiry is to arrive at the purpose of our Torah in its entirety, with the assumption that if he should find it perfect, he shall change his ways and convert. And all the more so if he is engaged and observing its essential commandments for their own sake - even if this involves parts of the Torah other than the seven commandments.
that Ukimpta (only 7 mitzvoth bnei noach) in historical context --> Rabbi Meir makes it sound like a good thing ("Kohen Gadol"). RY makes it seem bad. Gemara tries to modify what RM said (he was only allowing 7MBN. What changed between RM to RY? What fostered this Ukimpta?
--> if the Gemara is reinterpreting Tannaic statements to be more relevant to their time period, what does that say about modern Orthodoxy today?
--> we ignore this in university settings --> are we violating Halacha? is there a certain recognition of context?
