Executive Summary

Two classic categories of a status of disqualification are that of the Shabbat violator and the heretic. Both categories require closer investigation. Shabbat violators have been excluded in the past primarily when their violation was part of a break with the community. Today, besides the arguments for decreased culpability based on tinok she’nishba, this reality does not exist: Shabbat violators do not stand outside the community, and this status of disqualification should not be relevant.

The status of the heretic was an innovation of Rambam, and it appears that even he did not apply it consistently.  A close reading indicates that only