Revisited: “The ways in which atheists break or undermine Noahide Law”

I was given another inspiration by … you know what? I’ll say his “name.” I hope he doesn’t mind.

So I was given another inspiration by a commenter called “Donkey of Balaam.” I revisited a recent article about anarchism. He gave me the idea of revisiting another article from just over 5 years ago. Since my views are different to what they were then, it’ll be interesting to go through that argument and disagree with myself.

Now in that article, I state some things that I couldn’t agree with today. That article was about how atheists break and undermine the seven laws. Let’s see if or how it holds up to scrutiny.

Idolatry

So I claimed that the atheist broke the law of idolatry. Before I deal with that claim, let me state two aspects of the seven laws, namely the actual law of idolatry and what is contained in the actual law.

The law prohibits active divine service to an aspect of creation, worshipping it as if it were a god. So to give divine service to an idol according to its customary rites or service, or to worship it using certain forms of worship done in the Jewish temple, specifically: prostrating, ritual slaughter, incense burning, and libation, doing any of this makes one liable for the punishment for the act. Also, to state that “so and so is my god” or something to that effect makes one liable.

The other aspect is what the (maximal?) punishment is for breaking a law that is part of the actual 7 laws. According to the Talmud, Rambam and Ramban, the (maximal?) punishment for doing an act prohibited in the seven laws is the death penalty.

Rav Naḥman bar Yitzḥak says: Their prohibition is their death penalty. Since the only punishment mentioned in the Torah for transgressing a Noahide mitzva is execution, any descendant of Noah who transgresses is liable to be executed. (from the William-Davidson translation of the Babylonian Talmud, Sanhedrin 57a, from sefaria.org)

A non-Jew who violates one of the Seven Commandments is executed by means of the sword. (law 14, chapter 9, Laws of Kings and Wars, Mishneh Torah, translation from sefaria.org) However, if they don’t do this (i.e., set up courts and judges), they are not put to death, for this is a positive commandment for them, and [the Sages] said only, “their admonition not to do a particular act is what leads to their death (i.e., the Torah’s warning that something is forbidden is sufficient to warrant the death penalty for Noahide laws)” (Sanhedrin 57a), … (pg 225, The Torah: with Ramban’s commentary translated, annotated, and elucidated, by Rabbi Yaakov Blinder, where Ramban comments on Genesis 34:13)

So in light of the actual law and its punishment, is atheism … Oh! I forgot something.

According to the Talmud, all the seven laws are prohibitions, or, in the Talmud’s clearer wording, they are laws to “sit down and not act.” You keep the law, you accord to it, by not acting. These are laws about behaviour not thought. (As usual, I’ll clarify that I’m not talking about some wider, rabbinically crafted ,”noahide code [of conduct].” I’m only talking about the core 7 laws. When I wrote the original article, I conflated the artificial “code” with the actual laws.) So there is no law to believe in, acknowledge or revere God for Gentiles.

Yes, I know I’m disagreeing with some experts.

So in light of all these things, the actual law and its punishment, does atheism break this law?

Does atheism include acts of divine service, rites and ceremonies used to acknowledge the lordship of some creation? The answer is “no!” As it is a statement of rejection of any god, it doesn’t include such rites in and of itself. So an atheist, in reference to his atheism, cannot break this law. The atheist, in reference to his atheism, wouldn’t likely do an act concerning idolatry that would be a capital offence. As there is no law upon Gentiles to act in any way towards God or even believe in him or acknowledge his truth – as the law of idolatry is a law commanding in action and concerns actions, not beliefs or thoughts – then the atheist would accord with this law and be innocent.

So where did I go wrong with this law and how I applied it to atheists?

As I said before, to use rabbi Israel Chait’s terminology in his audio series on the seven laws at mesora.org, I conflated law with philosophy / ideal. You see, there is a difference between a law governing action and the philosophical principles it may contain or that can be learnt from it that can improve one’s thinking. One is primarily about the realm of a certain set of actions and the other is about the realm of ideas that can spread to a wider scope of actions not covered by the law.

So, as I wrote before, “philosophical idolatry” or “conceptual idolatry” is not part of the actual law prohibiting idolatry, but understanding the actual law and the philosophy of it can help one understand why such beliefs can and should be condemned as delusions. They cannot be condemned for breaking any law but they can for going against a wider morality.

So, to be blunt, atheism does not break the law against idolatry or any core law among the seven.

Blasphemy

I had claimed that atheists break the law of “blasphemy” as I then called it. I said that blasphemy was deprecating (the truth of) God and thus atheists broke this law.

Once again, it’s important to state what the law actually states and compare it to just the stance of being someone who says God doesn’t exist.

The law of, properly said, cursing the name states that a Gentile is liable if he curses God using his name. To curse God means to verbally wish harm upon him. To do this using his name means a person would wish that God would harm himself by means of himself. For a Gentile, this covers the use of any title for God in the relevant Gentile language, when the title is known to apply to him.

For example, if there’s a fictional guy called John who is the only king and ruler of a land, such cursing would occur if a person said, “May John strike down John,” or, “May the king injure the ruler.”

Now that’s the actual law, part of the seven laws. (Before anyone goes on at me to say how unrealistic such a command would be, please look at my other article on this topic.)

So the law states what action is forbidden according to the seven. Good. Now, does a person’s atheism fall into this forbidden act? And the answer must be “no!” Why? Because simple atheism, denying the existence of any god, is not, in and of itself, the action of vocalising a wish for God to harm himself using his name. It’s that simple.

So the atheist, in reference to his atheism, does not break this law!

So where did I go wrong?

Once again, I did not go with what the law states. I took an understanding that was not part of the law, and used the word, “blasphemy,” to describe what the atheist worldview and premise does. But the English word, “blasphemy,” is much wider with regards to semantic scope than the law of cursing God’s name. I was using a vague understanding of insulting God and rhetorically asking what bigger insult there could be than to not just ignore his existence but to deny it. The problem is that this is not an act covered by the seven laws and the law against cursing God’s name!!! In addition, beliefs are not covered by the core 7 laws.

Once again, due to the teaching I had received from both a Christian past and the stance of some Jews teaching the seven laws, I had conflated law with philosophy / ideals. Now the law can teach philosophically that hatred against God and defiance against him should be condemned as wrong – and sure, denying his existence is such a stance – but this teaching is not law.

So again, I was wrong on that point.

Justice

Now I come to my third argument of how atheism or the atheist breaks or undermines the seven laws.

I claimed that the atheist undermines the law of Justice. I claimed that the law of Justice included three aspects, quotingthe Talmud, Sanhedrin, 56b, these aspects being: not to exchange God with anything else; not to curse God; and that the fear of God should be upon people. I said that commands necessitate a commander, that the atheists don’t keep the “Noahide Commandments” but just his own whims. I also said that removing God leaves the atheist morality on shaky ground, uncertain if it will be changed by a wind of internal or external change, lacking an objective standard.

So I can’t use the tactic or approach I’ve been using before because this point was not about breaking a law but rather undermining it. So, based on everything I’ve said in this article so far, an atheist, in specific reference to his denial of the existence of any gods, does not break any of the seven laws! So let me deal with claims regarding undermining the laws.

I quoted the Talmud to state that three things are part of the law of Justice. Let me quote what I said.

According to the Talmud, the following laws or principles are part of the law of Dinim: With whom does the following statement of Rab Judah in the name of Rab agree: viz., [God said to Adam,] I am God, do not curse me; I am God, do not exchange me for another; I am God, let my fear be upon you?25 – This agrees with the last mentioned [who mentioned the law of Dinim].” (Babylonian Talmud, Tractate Sanhedrin 56b)

Now do you see what I (now) see? Well, I’ll just say what I see.

I claimed that the laws or principles in that quote were part of the law of Justice, those laws being not to exchange or curse God and that his fear should be upon people. The problem is clear: the text does not say these three laws are part of the law of Justice! That is a significant problem to my claim.

But the main question for me is whether this passage is actually one of or part of the seven laws. Here a rabbi is sharing his view that he derives three teachings or laws from words in the written Torah as is shared in the various editions of the Talmud. For example, the William Davidson Talmud from sefaria.org states the following.

The Gemara asks: In accordance with whose opinion is that which Rav Yehuda says that Rav says, in interpretation of the aforementioned verse: Since I am “God,” do not curse Me; since I am “God,” do not exchange Me with another god; since I am “God,” My fear shall be upon you? The Gemara answers: In accordance with whose opinion? It is in accordance with what some say, i.e., that the phrase “and the Lord God commanded the man” includes the prohibitions against cursing God’s name and idol worship, as well as the mitzva of establishing a system of law and justice, so that the fear of God will be upon the people. (https://www.sefaria.org/Sanhedrin.56b?lang=bi)

So this interpretation is what “some say.” Great. What does that mean to me? That there is actually a command to fear God? Or that there is a law concerning justice so that people fear God?

But it says later that the seven laws carry the death penalty in Sanhedrin 57a. And even later in 58b-59a, it says that the seven laws only carries prohibitions, laws that command inaction, except for justice that had an active and inactive element.

So is it an overt fact that Gentiles are commanded under the seven laws to fear God or else we face death for not doing so? Based on what I’ve read, I don’t believe so. So this makes the notion of atheists undermining the seven laws questionable at least.

And outside of some explicit statement of that kind, I’m only left to my conclusions. And I know that atheists uproot the objective nature of the law by rejecting God and that would place their morality in a hazardous position. Even if they stay good and consistent for their own reasons, not going against God’s law or the righteous courts, he’s still in a precarious position.

I did say in that previous post that the atheist doesn’t keep the seven laws because there is no command without a commander. I’m not so sure the logic holds anymore. Why not? Because the written and oral tradition show that humans are obligated to have a morality and be responsible for one regardless of whether they accept God or not. The fact is that God’s standards are objective, so he is commander regardless of an atheist’s subjective renunciation of his existence. Therefore his commands have an objective existence and obligation.

Added to this, Rambam teaches that people can perform the laws for their own reasons other than God commanding them.

Anyone who accepts upon himself and carefully observes the Seven Commandments is of the Righteous of the Nations of the World and has a portion in the World to Come. This is as long as he accepts and performs them because (he truly believes that) it was the Holy One, Blessed Be He, Who commanded them in the Torah, and that is was through Moses our Teacher we were informed that the Sons of Noah had already been commanded to observe them. But if he observes them because he convinced himself logically i.e., by his own intellect and conscience, but he does not agree that they were commanded by G-d., then he is not considered a Resident Convert and is not of the Righteous of the Nations of the World, but merely one of their wise. (https://www.sefaria.org/Mishneh_Torah%2C_Kings_and_Wars.8.11?with=all&lang=bi, emphasis mine)

This version incorporates commentary in its text, but its conclusions are the same as mine. The seven laws can be observed by a person who just convinces themselves that each one agrees with his inclinations, whilst rejecting God.

I’ve been in a number of disputes where the person opposing my stance claims that a person must knowingly accept the seven in order to really keep them. I’ve yet to hear firm evidence to back this up. Since God has set the objective standard for all Gentiles, as the Talmud clearly states and as the Jewish Bible shows, then a Gentile can abide by the law by being innocent of breaking it, avoiding the prohibited acts.

All this is to say that my previous view that since a command needs a commander, atheists don’t keep the seven laws, only whim, I see now as incorrect.

So this whole part about an atheist, simply by means of his atheism, undermining the law of Justice is, at best, questionable, but definitely not conclusive to me any longer.

So there you have it. I just refuted myself. What fun! Whatever could I write about next?

I say a bit more in the audio version.