The “Other” in Maimonidean Law

This paper traces Maimonides' attitudes toward the Jewish “other,” primarily the heretic. Maimonides ruled more harshly in the case of heretics than did his Talmudic sources. He imposed normative punishment, where the Talmud often made do with divine reproof. By and large, Maimonides sees the heretic (along with the informer) as a threat to the religious (or physical) integrity of the community, and his penology in their case is more political than judicial. He relaxes some of the more stringent requirements of halakhic procedure, but also defines the punishment as discretionary. This policy reflects a heightened use of one Talmudic source and the vigorous reinterpretation of Scriptural precedent (Num. 15:30; Deut. 15:30; Joshua 22), but it also parallels Islamic patters of ideology and law.