A non-Jew who Shabbats: Looking into the shifting conceptual understanding of Jewish relations with non-Jews in Rabbinic thought

ואר"ל עובד כוכבים ששבת חייב מיתה שנא' (בראשית ח, כב) ויום ולילה לא ישבותו ואמר מר אזהרה שלהן זו היא מיתתן אמר רבינא אפי' שני בשבת וליחשבה גבי ז' מצות כי קא חשיב שב ואל תעשה קום עשה לא קא חשיב

והא דינין קום עשה הוא וקא חשיב קום עשה ושב אל תעשה נינהו ואמר ר' יוחנן עובד כוכבים שעוסק בתורה חייב מיתה שנאמר (דברים לג, ד) תורה צוה לנו משה מורשה לנו מורשה ולא להם וליחשבה גבי שבע מצות מ"ד מורשה מיגזל קא גזיל לה מאן דאמר מאורסה דינו כנערה המאורסה דבסקילה מיתיבי היה ר"מ אומר מניין שאפילו עובד כוכבים ועוסק בתורה שהוא ככהן גדול שנאמר (ויקרא יח, ה) אשר יעשה אותם האדם וחי בהם כהנים לוים וישראלים לא נאמר אלא האדם הא למדת שאפילו עובד כוכבים ועוסק בתורה הרי הוא ככהן גדול התם בשבע מצות דידהו:

And Reish Lakish said: A [gentile / worshipper of stars] who observed Shabbat'd is liable for the death penalty, as it is stated: “And day and night shall not cease” (Genesis 8:23). And a sage said (57a), "their punishment is their death." Ravina says: even a Monday. The Gemara challenges this: But let the tanna count this prohibition among the seven Noahide mitzvot. The Gemara explains: When the tanna counts the seven mitzvot, he counts only the sit-and-don't-do, he does not count the get-up-and-do.

The Gemara challenges: But the mitzva of establishing courts of judgment is a mitzva to stand up and take action, and nevertheless he counts it among the seven mitzvot. The Gemara answers: This mitzva contains a requirement to stand up and take action, i.e., , and to sit and refrain from action. And Rabbi Yoḥanan says: A gentile who engages in Torah study is liable to receive the death penalty; as it is stated: “Moses commanded us a law [torah], an inheritance of the congregation of Jacob” (Deuteronomy 33:4). An inheritance for us, and not for them. The Gemara challenges: But if so, let the tanna count this prohibition among the seven Noahide mitzvot. The Gemara explains: According to the one who says that the verse is referring to the Torah as an inheritance [mo'ra'sha], this prohibition is included in the Noahide prohibition of robbery, as a gentile who studies Torah robs the Jewish people of it. According to the one who says that the verse is referring to the Torah as betrothed [me’orasa], the punishment is like for inappropriate relations with a betrothed woman, which is execution by stoning.

The Gemara raises an objection to Rabbi Yoḥanan’s statement from a baraita: Rabbi Meir would say: From where is it derived that even a gentile who engages in Torah is like a High Priest? It is derived from that which is stated: “You shall therefore keep My statutes and My ordinances, which if a man does he shall live by them” (Leviticus 18:5). "priests, Levites, and Israelites" is not stated, rather: “A man [ha'adam]." You have therefore learned that even a gentile who engages in Torah is like a High Priest. The Gemara answers: There, in the baraita, the reference is to a gentile who engages in the study of their seven mitzvot.

עובד כוכבי' ששבת - ממלאכתו יום שלם חייב מיתה שנא' יום ולילה לא ישבותו וקא דריש ליה לא ישבותו ממלאכה דאבני אדם נמי קאי ולא תימא לא ישבותו אהך ששת עתים דקרא קאי כלומר לא יבטלו ולא יפסקו מלהיות: פשיטא לא גרסי' דהא טובא קמ"ל דאבני אדם קאי:

A gentile [/star-worshipper] who Shabbats - who rests from his work a whole day is liable for the death penalty, as it says "day and night he should not cease" and here interpret "they shall not cease" to mean 'from work,' as applying to people [b'nei adam] as well. And don't say "they shall not cease" refers to the six seasons there, namely, that they should not cease and desist from existing. They don't write the simple meaning, for it comes to teach us more, namely that it applies to humans too.

אמר רבינא אפי' שני בשבת - לא תימא שביתה דקאמר ר"ל לשום חובה קאמר דלא לכוון לשבות כגון בשבת שהוא יום שביתה לישראל או אחד בשבת ששובתין בו הנוצרים אלא מנוחה בעלמא קא אסר להו שלא יבטלו ממלאכה ואפי' יום שאינו בר שביתה שני בשבת יומא קמא דלאו יום בר שביתה נקט וה"ה דהוה מצי למינקט שלישי ורביעי:

Ravina said: even on a Monday - don't say the 'ceasing' referred to by Reish Lakish was because of an obligation, for he didn't [just] mean when they intend to rest, such as Shabbos for Israel or Sunday when they [Christians] (the word is removed in some version by censoring] rest; But rather, resting itself is forbidden to them, that they should not refrain from labor on even a day that is not "Of Rest." Monday is the first such day that is not a formal day of rest, but the same rule applies for and it could have picked Tuesday or Wednesday.

האדם - ר"מ דלית ליה אתם קרוין אדם ולא עובדי כוכבים קרוין אדם ור"ש היא דדרש לה במסכת יבמות (דף סא.):

A human (ha'adam) - Rabbi Meir does not hold by "You are called 'adam' and gentiles are not called 'adam,' it is Rabbi Shimon who makes that claim in masechet yevamot.

(ט) עַכּוּ''ם שֶׁעָסַק בַּתּוֹרָה חַיָּב מִיתָה. לֹא יַעֲסֹק אֶלָּא בְּשֶׁבַע מִצְוֹת שֶׁלָּהֶן בִּלְבַד. וְכֵן עַכּוּ''ם שֶׁשָּׁבַת אֲפִלּוּ בְּיוֹם מִימוֹת הַחל אִם עֲשָׂאָהוּ לְעַצְמוֹ כְּמוֹ שַׁבָּת חַיָּב מִיתָה. וְאֵין צָרִיךְ לוֹמַר אִם עָשָׂה מוֹעֵד לְעַצְמוֹ. כְּלָלוֹ שֶׁל דָּבָר אֵין מְנִיחִין אוֹתָן לְחַדֵּשׁ דָּת וְלַעֲשׂוֹת מִצְוֹת לְעַצְמָן מִדַּעְתָּן. אֶלָּא אוֹ יִהְיֶה גֵּר צֶדֶק וִיקַבֵּל כָּל הַמִּצְוֹת. אוֹ יַעֲמֹד בְּתוֹרָתוֹ וְלֹא יוֹסִיף וְלֹא יִגְרַע. וְאִם עָסַק בַּתּוֹרָה אוֹ שָׁבַת אוֹ חִדֵּשׁ דָּבָר. מַכִּין אוֹתוֹ וְעוֹנְשִׁין אוֹתוֹ וּמוֹדִיעִין אוֹתוֹ שֶׁהוּא חַיָּב מִיתָה עַל זֶה. אֲבָל אֵינוֹ נֶהֱרָג:

(9) A non-Jew that learned Torah is liable for death. They shall only deal with the their seven commandments. And also a non-Jew that rested – even during a weekday (of the Jews) – if they made the day for themselves like a Sabbath – they are liable for death. And it is understood – also if they made it into a holiday for themselves (the same applies). The general rule is : we do not let them establish a new religion and to do commandments for themselves according to their understanding – rather they shall become a righteous convert and accept upon themselves all of the (613 Jewish) commandments or stand with their own book of laws (the seven commandments according to the Torah) and they shall not add or subtract. And if they did delve into the Torah or rested as per a Sabbath or created a new religion – we give them lashes and we punish them – and let them know that they are liable for death because of this. But we do not execute them.

Beit Ha'b'chira, R' Menachem Ha'Meiri on Sanhedrin 58b:

I. ...and this is what is hinted here in "The non-Jew who observes Sabbath" - that one punishes him, saying: either he must take upon himself the yoke of the commandments, or he must refrain from innovating in our practices. II. But even when he appoints for himself other days, just as they said here "even on Monday" - they do not allow him to innovate and establish it as a festival for himself, resting on that day based on the concept of a Festival - for it looks as if he is a member of our people. But for the rest of the commandments, one should not prevent them from him, for they said to accept his sacrifices and his charities. III. And this is the rule if he engaged in Torah not for the sake of observing its essential commandments, but rather because his heart desires to acquire a deep understanding of our Torah and our Talmud - in this case he deserves to be punished, for people will infer that he is one of us because they see that he knows much - and as a result they may go after him errantly. IV. In any event, anyone who engages in the principles of the seven commandments along with all of their details and all that entails from them - even though this includes the majority of the principles of Torah, we pay him respect, even as much as the High Priest, for there is no fear of someone going after him errantly since he is engaged in what is his. V. And all the more so if the purpose of his inquiry is to arrive at the purpose of our Torah in its entirety, with the assumption that if he should find it perfect, he shall change his ways and convert. And all the more so if he is engaged and observing its essential commandments for their own sake - even if this involves parts of the Torah other than the seven commandments.

Another revolutionary statement of tolerance by the Me'iri from Horayot, Bava Kama:

Everyone who is bounded by the ways of religiou is included in the prohibition of fraud, but idol worhsippers who are not within the realm of brotherhood, it is not forbidden to deceive them during an exchange. The sages state a rule: ye shall not wront one another - wrong not a people that is with you in Torah and Mitzvot.
...But individuals from those nations who are bound to religious practices, and worship deity in whatever manner, even though their faith be far from our faith - do not come under these rules. Rather, they have full rights - exactly like any Jew - in all these manners, including lost articles and mistakes, and all other matters without any distinction whatsoever.

...One is allowed to harm apostates and heretics... and defectors to idolatry are counted as apostates, however all this is true only while they are Israelites. The punishment of a promiscuous Israelite who desecrates the religion is grave for he renders himself an apostate who has no religion. However those who leave the fold completely and join another religion he is considered by us a member of the religion he joins for all purposes other than divorce and marriage...

...Excerpt from "My Quarrel with Hersh Raseyner" by Chaim Grade, from A Treasury of Yiddish Stories, edited by Howe and Greenberg, 1953. pages 593-594.
"So far I’ve talked to you about the Gentile wise men. But first we ought to be clear in our own minds about our relation to them and to the whole world:
...
“Your Enlighteners used to sing this tune: ‘Be a Jew at home and a man in public.’ So you took off our traditional coat and shaved your beard and earlocks. Still, when you went out into the street, the Jew pursued you in your language, in your gestures, in every part of you. So you tried to get rid of the incubus. And the result was that the Jew left you, like an old father whose children don’t treat him with respect; first he goes to the synagogue and then, because he has no choice, to the home for the aged. Now that you’ve seen— woe, what has happened to us!—you’ve turned your slogan around. Now it’s be a man at home and a Jew in public. You can’t be pious at home because you’re lacking in faith. Out of anger against the Gentile and nostalgia for the father you abandoned, you want to parade your Jewishness in public. Only the man you try to be at home, as you call it, follows you out of your house.
...
“You cried in the public square: ‘The nations of the world dislike us because we’re different; let us be like them!’ And you were like them. Not only that, but you stood at the head of their civilization. Where there was a famous scientist, thinker, writer—there you found a Jew. And it was precisely for that reason that they hated us all the more. They won’t tolerate the idea of our being like them.