(2017/5778)

When the flood ended on the 27th of Mar-Cheshvan (according to Rabi Eliezer), Hashem gave Noach the seven Mitzvot that all non-Jews are obligated to observe, the Sheva Mitzvot Bnei Noach, Seven Noahide laws. However, in contrast to the Jewish people’s verbal acceptance of the Torah at Har Sinai, which is narrated by the Midrash (Tanchuma Parashat Noach Siman 3) based on “Na’aseh VeNishma,” “We will do and we will listen” (Shemot 24:7), the Midrash does not narrate a non-Jewish verbal acceptance of the Sheva Mitzvot Bnei Noach at Har Ararat, as we might expect. After all, the Midrash that recounts our acceptance of the Torah is used to obligate every Jew in all 613 Mitzvot; since every Jew was either physically or symbolically present at Har Sinai, every Jew accepted all of the Mitzvot. How can it be that a parallel Midrash does not exist regarding the acceptance of the Sheva Mitzvot Bnei Noach? Seemingly, the Midrash is the impetus for the individual’s personal accountability in keeping the Mitzvot. An obligation cannot simply be inherited; one must obligate himself or herself, and if not, theoretically one should not be faulted for any Aveirot he or she performs.

In addition, while the Torah specifically tells us that Hashem spoke to both Noach and his sons to command them in these seven respects, it specifically omits their wives, when the women had been included in all other commands regarding the Teivah. If the women were not included in the giving of the Sheva Mitzvot Bnei Noach, what obligates them to keep them? In addition, why are future generations not exempt from honoring the Sheva Mitzvot Bnei Noach? After all, there is no clear textual or Midrashic evidence that suggests that all non-Jews were present at the time of the inception of the Seven Noahide Laws.

An answer to these questions may emerge from an interesting rule regarding a Beit Din that wishes to prosecute a non-Jew for a violation of one of the Sheva Mitzvot Bnei Noach. The Gemara Sanhedrin (57b) rules that in contrast to the case of a Jew who violates one of the Sheva Mitzvot Bnei Noach, who cannot be killed for his violation unless he received Hatra’ah (a warning prior to the crime detailing the severity of the punishment), a non-Jew who violates one of the Seven Laws can be killed even if he did not receive Hatra’ah. Generally, Hatra’ah is required to verify that the sinner understood the seriousness of what he was doing, for without it, the sinner could claim that he did not realize his actions were forbidden, and the Beit Din would not be allowed to penalize him.

Why is Hatra’ah not required when punishing a non-Jew for a violation of the Sheva Mitzvot Bnei Noach?  Perhaps the answer is that no one would ever be believed if he claimed he was of the opinion that any of these acts were perfectly fine to do. For who could in all sincerity argue that robbery, murder, or adultery would not be in contrast with the proper way to act; these acts are obviously forbidden! Therefore, there is no need for the sinner in this case to receive Hatra’ah, as it is presumed that the sinner did the act with full knowledge.

Perhaps this idea can be extended to explain the irregularities in the “Matan Sheva Mitzvot Bnei Noach,” the giving of the Seven Noahide Laws. There were no miracles, like those of Har Sinai, no sound and light show, and no future generations symbolically present, because it was not meant to be an earth-shattering set of revelations. Hashem was not telling Noach and his sons anything they did not know already. Therefore, non-Jews today are not obligated to avoid theft, murder, and adultery because Hashem commanded them to avoid these actions—they may not be aware of the existence of these rules, and they may not even believe in Hashem at all! But it does not matter. They are obligated not to do these things simply because they should know better.

This explanation has broad implications for us as Jews, too. It is known that many Mitzvot are not obvious or intuitive. But for the ones that are, we must be careful to observe them without excuse, just as the non-Jews must. We must ask from ourselves no less than we expect from our neighbors. Just as ignorance is no excuse for them, so too it should not be an excuse for us with regard to these Mitzvot. Let us remove from our vocabulary the words “I thought it was okay.” Our hearts know right from wrong.