Do Non-Jews have the rule of Safek D'Oraisa L'Chumra (if one is unsure about whether a Torah prohibition exists, He must assume the more strict behavior), concerning the 7 mitzvos of B'nei Noach or does this rule apply only to Jews?

  • What would be a good example of this?
    – aBochur
    May 8 '18 at 0:49
  • 1
    @aBochur If a non-Jew has a piece of meat, and he is not sure wheter it was separated from the animal while the animal was still alive or after it was killed. Must he act strictly because of the rule of Safek D'Oraisa L'Chumra and refrain from eating it as if it were Aiver-Min-Hachai [A limb from a live animal], which is forbidden by one of the 7 Mitzvos of Bnei-Noach? May 8 '18 at 0:59
  • @RibbisRabbiAndMore +1 you might wanna edit that info the question
    – aBochur
    May 8 '18 at 1:04

I saw this discussed in Ateres Shmuel (by Rav Mordechai Rosenbaum) to Kesubos 15b ד"ה אם רוב עכו"ם .

The gemarra there says an abandoned child that is found in a city of mostly non Jews is treated as a non Jew, to the extent that we can directly feed him non kosher food (Rashi). The Ateres Shmuel asks why didn't Rashi just say the child can feed himself non kosher?

He says quoting Rav Avraham Gurwicz that even if the city was 50% Jews 50% non Jews, the child can be lenient and eat non kosher. This is because saffeik doraisa lechumra according to the Rambam is deRabannan, and only a definite Jew has to listen to the Rabbis. Not sure his source for that last part. But we see from here that a definite non Jew doesn't have to worry about saffeik doraisa lechumra. So for example, if he has a saffeik if his food is maybe eiver min hachai, he can eat it (assuming the saffeik is 50-50).

The Ateres Shmuel considers saying that even according to those who say saffeik doraisa lechumra is a doraisa, this questionable non Jew can still be lenient. However, he brings the Rash's opinion that if the city was 50% Jews 50% non Jews, the child can't eat non kosher. He presumably holds saffeik doraisa lechumra is a doraisa. We would then have to conclude either (1) a non Jew has to follow saffeik doraisa lechumra, and in the above case they'd have to worry the food is eiver min hachai, or (2) at least a questionable non Jew has to be stringent, but maybe a definite non Jew not.

Now this assumes the saffeik is 50-50. If there is a majority saying it is muttar, there is a discussion in Achronim if non Jews can rely on the rule of rov (majority). If yes, no problem. If no, then your question will also apply.

  • This only works like the Rambam. What about the Rashba?
    – DonielF
    May 9 '18 at 19:26
  • @DonielF I addressed his opinion. The Ateres Shmuel would have said even according to the Rashba non Jews aren't obligated to be stringent, but the Rash is unclear if he's a counter-proof. I hope to research this more when I can.
    – robev
    May 9 '18 at 19:28
  • This is not how I understood the question. I thought the person was addressing more a case like: A non-Jew goes to a restaurant, and he sees they offer crab claws. He cannot know if the crab was killed before the claw was removed, or if it is eiver min hachai.Does he have to avoid the crab claw because safeiq deOraisa lechumerah? Not a safeiq whether one is a Ben Noach and thus whether one of the Jew-specific 613 apply. Jun 28 '18 at 15:00
  • @MicahBerger me too. You learn the answer from my case, since what's the chiluk? He either has suffik lechumra or not.
    – robev
    Jun 28 '18 at 17:07
  • I saw the Mahache Chaim and Maharam Shik address this. Bli neder I'll update this with their insights
    – robev
    Oct 9 '20 at 18:10

The Rambam Malachim 9 says that since Bnei ketura and bnei Yishmael intermarried, they're both obligated in circumcision misafek. We see you say safek deoraisa by non jews. It's also very logical to say so because the Rashba said that the Rambam said his source for safek Deoraisa likula is learned from the fact a safek mamzer is permmited likhal. It's a derivation that would only apply to jews. Without this derivation, logic says safek deoraisa is lichumra. Everyone agrees logic says safek deoraisa is lichumra, therefore it should apply to non jews as well.

  • I saw the Mahache Chaim and Maharam Shik address this. Bli neder I'll update my answer with their insights as what you're saying isn't so simple
    – robev
    Oct 9 '20 at 18:16

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