Our Gemara on the top of Amud Aleph distinguishes gentile corpses versus Jewish corpses, in that Jewish corpses render anything and anyone else tamey that is under the same roof as the deceased.

The proof text is:

And you My sheep, the sheep of My pasture, are men [adam]” (Ezekiel 34:31), from which it is derived that you, the Jewish people, are called men [adam] but gentiles are not called men [adam]. Since the Torah introduces the halakha of ritual impurity of a tent with the words: “When a man [adam] dies in a tent” (Numbers 19:14), this halakha applies only to corpses of Jews but not those of gentiles.

Gemaras such as this one, when they were translated by apostates for Gentiles to read, have caused Jews grief throughout the centuries. Never mind that up until about 250 years ago, it was not even a consideration in any country on the planet that Jews should be granted citizenship, so it is were treated as less than human.  Or, that we were treated as vermin by the Nazis less than one hundred years ago. It is still incumbent upon us to grapple with this teaching. We should keep in mind, the Talmud was compiled in a time where there was more tribalism and less superficial declarations of universal brotherhood by the nations of the world. I say superficial, because I wonder how long these professions of universal humanity and respect last when there is economic and environmental turmoil. We already see anti-semitism is on the rise during the Economic and medical uncertainties of a post-Covid world. Nevertheless, the potential moral problems that this kind of statement arouses cannot be dismissed by the claim that they treated us inhumanely also. Ethics and morals in the Torah are not subject to comparison, for better or worse. However, it does explain why the Talmud was not bashful about expressing the idea, as in their world, it was typical and acceptable ethnocentric pride.

Before we analyze this idea further, I feel compelled to share that I dislike intellectually dishonest apologetics. However I lay out my thoughts and explorations on this provocative topic, I assure the reader that I will do my best to look for, and explain the meaning and truth about this matter. We show respect for Torah by being honest when we find a passage or idea difficult to understand from our morals and values. We may never understand it, and we must maintain humility in the face of our limited understanding, but we should not shirk away from asking questions so that we can try to find out more. We aspire to see the Torah as it wants to be seen and not through a defensive lense of denial or romanticism.

One thing that initially strikes me as problematic is dehumanizing the other,  which is not acceptable. A first glance look at the statement, sounds a lot like Gentiles are not considered human. However, this might be a modern projection based on historical experiences of other ethnic groups and nations who,use dehumanize of the other as a rationale for barbarism. After all, this statement by the Gemara is made in reference to a particular impurity (that of being under the same roof of a dead body), not even all impurity, of which also Gentile corpses cause. Indeed, the Gemara did not make this declaration by the commandment of thou shall not kill. It is true in warfare, the Bible is as brutal with our enemies as they have been with us, but the behavior wasn’t excused by verses declaring them inhuman. Instead, this is the sad process of warfare. In fact, even in ancient times there was recognition that Jews were behaved humanely toward their enemies, as King Ben Hadad’s soldiers attest in I Kings 20:31:

וַיֹּאמְר֣וּ אֵלָיו֮ עֲבָדָיו֒ הִנֵּה־נָ֣א שָׁמַ֔עְנוּ כִּ֗י מַלְכֵי֙ בֵּ֣ית יִשְׂרָאֵ֔ל כִּֽי־מַלְכֵ֥י חֶ֖סֶד הֵ֑ם נָשִׂ֣ימָה נָּא֩ שַׂקִּ֨ים בְּמׇתְנֵ֜ינוּ וַחֲבָלִ֣ים בְּרֹאשֵׁ֗נוּ וְנֵצֵא֙ אֶל־מֶ֣לֶךְ יִשְׂרָאֵ֔ל אוּלַ֖י יְחַיֶּ֥ה אֶת־נַפְשֶֽׁךָ׃

His ministers said to him, “We have heard that the kings of the House of Israel are magnanimous kings. Let us put sackcloth on our loins and ropes on our heads, and surrender to the king of Israel; perhaps he will spare your life.”

The idea being expressed here is legal, in terms of ritual impurity, and also metaphysical in some manner as we shall see in certain commentaries. It is not understood by most commentaries as a sweeping declaration of the Gentile’s lack of humanity. I do think we also should not utterly neutralize the provocation in this idea. We ought to accept the notion that man can behave as a beast. The human psyche is a graft of animal impulses and instincts upon higher intellectual and spiritual functioning. Biologically, the inner parts of the structure of the human brain responsible for instincts and autonomic function, is not much different than an animal’s brain. Our amygdala is not distinguishable from a crocodile’s Amygdala. This is when we are in a rage, and our intellectual functions are bypassed, we can act like animals. 

Most of the commentaries who discuss this idea see the Torah as a guiding force that energizes the intellectual functions of the psyche and reign in the animalistic and instinctive qualities. I believe that the Talmud’s declaration about Jews being “Adam” and Gentiles not considered “Adam” is about the covenantal and trans-generational impact of the Torah on thought and behaviors of the Jewish people.  Because, sadly, history has shown that so-called humans who do not reign in their behavior with Torah and Biblical rules can lose their humanity and behave as beasts. As it states in Ecclesiastes (3:19), “The difference between Man and Beast is naught.”

One of the commentaries who speaks extensively about this, is Tosafos Yom Tov on Mishna Avos (3:14).  The Mishna states:

הוא הָיָה אוֹמֵר, חָבִיב אָדָם שֶׁנִּבְרָא בְצֶלֶם. חִבָּה יְתֵרָה נוֹדַעַת לוֹ שֶׁנִּבְרָא בְצֶלֶם, שֶׁנֶּאֱמַר (בראשית ט) כִּי בְּצֶלֶם אֱלֹהִים עָשָׂה אֶת הָאָדָם. חֲבִיבִין יִשְׂרָאֵל שֶׁנִּקְרְאוּ בָנִים לַמָּקוֹם. חִבָּה יְתֵרָה נוֹדַעַת לָהֶם שֶׁנִּקְרְאוּ בָנִים לַמָּקוֹם, שֶׁנֶּאֱמַר (דברים יד) בָּנִים אַתֶּם לַה' אֱלֹהֵיכֶם. חֲבִיבִין יִשְׂרָאֵל שֶׁנִּתַּן לָהֶם כְּלִי חֶמְדָּה. חִבָּה יְתֵרָה נוֹדַעַת לָהֶם שֶׁנִּתַּן לָהֶם כְּלִי חֶמְדָּה שֶׁבּוֹ נִבְרָא הָעוֹלָם, שֶׁנֶּאֱמַר (משלי ד) כִּי לֶקַח טוֹב נָתַתִּי לָכֶם, תּוֹרָתִי אַל תַּעֲזֹבוּ:

He (Rabbi Akiva) used to say: Beloved is man for he was created in the image [of God]. Especially beloved is he for it was made known to him that he had been created in the image [of God], as it is said: “for in the image of God He made man” (Genesis 9:6). Beloved are Israel in that they were called children to the All-Present. Especially beloved are they for it was made known to them that they are called children of the All-Present, as it is said: “you are children to the Lord your God” (Deuteronomy 14:1). Beloved are Israel in that a precious vessel was given to them. Especially beloved are they for it was made known to them that the desirable instrument, with which the world had been created, was given to them, as it is said: “for I give you good instruction; forsake not my teaching” (Proverbs 4:2).

In analyzing this Mishna, we can see three clauses: 

1. Man is beloved because he is made in the image (of God). Tosafos Yom Tov notes that the Mishna does not actually say, “image of God”.  Instead it merely says, “image.”  While later it says, חֲבִיבִין יִשְׂרָאֵל שֶׁנִּקְרְאוּ בָנִים לַמָּקוֹם Beloved are Israel in that they were called children to the All-Present. Here it does spell out God’s name. More on this later.  
2. The Jewish people are beloved because they are considered children of God.
3. The Jewish people are beloved because they were given the Torah 

Additionally, each of the clauses of the Mishna has a subdivision.  Not only is Man beloved because he is made in the image of God, but also enjoys even more favor because this fact was made known to him. Likewise, the Jewish people are beloved even more because their status of being children of God is made known to them, and the status of the gift they received in the Torah.

Tosafos Yom Tov asserts that the first clause is not referring to Jews, but to all of mankind.  This is why the first clause states “Adam” Man, and not “Israel”, which is in the second clause.  He dismisses the statement in our Gemara about Gentiles not being considered “Adam” as merely a derash with localized meaning but not broad meaning,  Linguistically, the first clause of the Mishna strongly implies that it is referring to all humans made in God’s image.

However, Tosafos Yom Tov qualifies this as being dependent upon actually behaving in the image of God, which according to Maimonides (Guide from the Perplexed 1:1) is the intellectual autonomy and function of the human psyche.  This is why it applies to all humans, because any person, Jew or non-Jew can choose to adopt the principles of the Torah to shape their behavior and psyche in the (intellectual and moral) image of God. The reason why the Mishna does not complete the phrase, “Image of God”, and only says “image”, is a subtle rebuke that the Gentiles did not seek out God enough.  As if to say, “You are in the image of God, potentially, but you missed out on the God part.”

The second two clauses of the Mishna are logical sequiturs.  We start with the Gentiles, but then as the subject matter progresses further into the specifics of the gift of the Torah, it becomes a Jewish discussion, as Jews exemplify the Tzelem Elokim image of God by their  acceptance of the Torah. Finally, each subclause mentions the special favor of being notified about these gifts and potentialities because they must be noticed and capitalized in order to become the object of beloved favor.  Thus, it is a special kindness that God found ways to bring the opportunity to our attention.  The upshot of all this is, that we can be beasts or humans, depending on whether we answer the invitation to become in the image of God.

Translations Courtesy of Sefaria, except when, sometimes, I disagree with the translation

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