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Kollel Iyun Hadaf, Jerusalem

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Sanhedrin 58



(a) According to Torah law, if a Ger has marital relations with any of his relatives - he is Patur, since, based on the principle 'Ger she'Nisgayer ke'Katan she'Nolad Dami', he has no relatives.

(b) The Rabbanan prohibited him from marrying any woman who was forbidden to him before he converted (so that he should not assert that he came from a strict religion to a more lenient one).

(c) The Beraisa permits someone whose father or mother converted between his conception and his birth to marry his own or his father's paternal half-sister - but not his maternal one.

(d) The Beraisa refers specifically to someone whose father or mother converted between his conception and his birth (not to preclude someone who was born before the conversion from the Chachamim decrees, but) - to preclude someone who was conceived and born after the conversion, who is a full-fledged Yisrael.

(a) The Tana forbids him to marry his mother's maternal sister, and Rebbi Meir extends this to her paternal sister. The Chachamim permits a Ger to marry his mother's paternal sister.

(b) These Tana'im learn from the Pasuk ...

1. ... "ve'Gam Amnah Achosi bas Avi Hi Ach Lo Bas Imi" - that a ben-No'ach is permitted to marry his paternal sister but not his maternal one.
2. ... in Bereishis "al-Kein Ya'azov Aviv"- (which refers to his father's sister) that he is permitted to marry his father's maternal sister.
3. ... "ve'es Imo" - (which refers to his mother's sister) that he is not permitted to marry his mother's maternal sister.
(c) Rebbi Meir forbids Achos Imo min ha'Av (despite the fact that she is not included in the D'rashah of "ve'es Imo") - due to a Gezeiras Chachamim, who forbade any woman who has a Tzad ha'Eim, in case one comes to permit a maternal sister or a mother's or father's maternal sister.
(a) Rebbi Meir permits a Ger to marry his brother's wife - because she would have been permitted to him had he not converted (and, as we explained earlier, the Chachamim only decreed on those relations that were forbidden to him before he converted).

(b) It makes no difference whether ...

1. ... she was married to his paternal brother or to his maternal one, whether ...
2. ...his brother married her before he converted or afterwards.
3. ... whether his brother married her before he converted and retained her after the conversion or whether he married her afterwards (see Maharsha), because for the reason that we just mentioned, there is no Isur of Eishes Ach by B'nei No'ach.
(c) When Rebbi Meir adds 'all other relatives', he is referring to - his father's wife.

(d) He cannot mean to include ...

1. ... his daughter-in-law - because we are speaking about a Ger who was born after his mother converted (which means that when he married he was already a full-fledged Yisrael).
2. ... his wife's sister - because that would be included in 'Nasa Ishah u'Bitah', which the Tana is about to learn specifically.
(a) Rebbi Meir rules that if a Ger was already married to a woman and her daughter - he marries one and divorces the other.

(b) If this Halachah was speaking about someone whose parents converted between his conception and his birth, like the previous cases, it would be referring to a woman and her daughter who converted (see Maharsha). In fact, the same would apply if the man was a regular Yisrael.

(c) When the Tana says 'u'Lechatchilah' Lo Yichnos', he is referring to - the cases mentioned earlier in the Beraisa which rule 'Yekayem' (as the Sugya explains in Yevamos).

(d) The Beraisa rules that, in the event that a Ger's wife (to whom he was married before he converted) dies, he is permitted to marry her mother, though others forbid it.

(a) A Yisrael who marries ...
1. ... his father's wife or his father-in-law - is Chayav Miysas Beis-Din.
2. ... his sister or his father's or mother's sister - is Chayav Kareis, but not Miysas Beis-Din.
(b) The problem with Rebbi Meir in the Beraisa that we learned earlier is - that whereas there, he forbade a Ger to marry any relative who carries the death-penalty, and permits relatives who do not, we have here cases where he permits women who carry the death-penalty (such as his father's wife and his mother-in-law [according to one opinion]); and forbids women who do not (such as his sister or his father's or mother's sister).

(c) We answer by establishing Rebbi Meir in the latter Beraisa like Rebbi Eliezer, and in the former one, like Rebbi Akiva. In fact, Rebbi Meir was a Talmid - of both.

(d) They argue over the Pasuk "al-Kein Ya'azov Aviv es Aviv ve'es Imo". Rebbi Eliezer interprets this to mean Achos Aviv and Achos Imo respectively. Rebbi Akiva explains ...

1. ... "es Aviv" to mean - Eishes Aviv.
2. ... "es Imo" - Imo Mamash.
(a) Rebbi Akiva learns from "ve'Davak", "ve'Davak", 've'Lo' be'Zachar', and from ...
1. ... "be'Ishto" - he learns "be'Ishto", 've'Lo be'Eishes Chavero'.
2. ... "ve'Hayu le'Basar Echad" - to preclude an animal, which cannot unite with man, since their combined seed cannot produce a child.
(b) What all the cases of Rebbi Akiva have in common is - the fact that they are all Chayav Miysas Beis-Din.

(c) According to Rebbi Eliezer, ''es Aviv'' cannot come to forbid ...

1. ... his father - because we already know this from "ve'Davak", 've'Lo' be'Zachar' (with which Rebbi Eliezer agrees).
2. ... his father's wife - because we already know this from "be'Ishto", 've'Lo be'Eishes Chavero'.
(d) We refute this answer however, by establishing this Pasuk by Eishes Aviv after his father's death. Consequently, we conclude that Rebbi Eliezer really knows that ''es Aviv'' does not come to forbid his father's wife - because he expects "es Aviv" to be similar to "es Imo", which is not talking about Ishus.
(a) Rebbi Akiva too, discounts the possibility that "es Aviv" might mean 'his father' because we know that from "ve'Davak" ... . Nevertheless, he learns ...
1. ... Eishes Aviv from "ve'Es Imo" (in spite of the D'rashah "be'Ishto", 've'Lo be'Eishes Chaveiro") - by establishing the latter whilst his father is still alive, and the former, after his death.
2. ... Imo from "ve'es Imo" - in spite of the previous D'rashah), by establishing "Imo" by a woman whom his father raped (and who does not therefore fall under the category of 'Eishes Aviv').
(b) The S'vara of ...
1. ... Rebbi Eliezer is - because he considers it imperative for the two D'rashos "es Aviv" and "es Imo" to be similar (which explains why he declines to learn like Rebbi Akiva).
2. ... Rebbi Akiva is - because in his opinion, whereas Ervas Aviv (might well imply 'She'er Aviv', it) does not imply Achos Aviv (like Rebbi Elazar learns), it does imply Eishes Aviv (as we find by a Yisrael).



(a) The Torah records in Va'eira that Amram married his aunt. We know that as Levi's daughter, she was the sister of Amram's father Kehas. Kehas and Yocheved could not have been born to the same mother - since we learned earlier that a maternal aunt is forbidden even to a ben No'ach.

(b) Avraham told Avimelech that Sarah was his paternal sister, but not his maternal one - implying that if she had been, she would have been forbidden to him, a Kashya on Rebbi Akiva (who permits a Nochri to marry his sister).

(c) The problem with the Kashya is - that seeing as, strictly speaking, Sarah was not Avraham's sister, but his niece, even Rebbi Eliezer (who does not forbid a niece) will have to explain this Pasuk differently.

(a) We answer that what Avraham meant to say was that his relationship was one of 'sistership' - by which he meant that, based on the principle 'B'nei Banim Harei Heim ke'Banim', when he had spread the word that Sarah was his sister, he had been telling the truth, since by that token, Sarah was his father's daughter.

(b) And he added ''Ach Lo bas Imi'', (not because he had to, seeing as she would have been permitted to him even if Haran and he had been born from the same mother, but) - because it was a fact.

(c) We explain the Pasuk "Ki Amarti Olam Chesed Yibaneh" with regard to Adam and Kayin - in connection with Adam's prohibition to marry his daughter, because if he had, who would Kayin have married?

(d) Although this seems to imply that if not for the Chesed involved, a ben No'ach would be forbidden to marry his sister - the fact is that 'Ho'il ve'Ishteri, Ishteri' (once Hashem permitted it, it remained permitted).

(a) Rav Huna permits a ben No'ach to marry his daughter - because it is not being included in the Torah's list of prohibitions (or because it is She'er ha'Av, and not She'er ha'Eim, Chidushei ha'Ran).

(b) In the second Lashon he forbids it. We refute his proof from Adam, who was forbidden to marry his daughter (as we just learned in the Beraisa) - on the grounds that this was only to enable Kayin to marry his sister (and not a permanent prohibition).

(c) Rav Chisda permits an Eved to marry both his mother and his daughter - because, he explains, he has left the realm of a ben No'ach, and has not yet entered that of a ben Yisrael.

(a) Rebbi Chanina declares a Nochri who designates a Shifchah for his slave Chayav Miysah, should he subsequently have relations with her. She becomes ...
1. ... the Eved's 'wife' - from the moment people refer to her as the Eved's girl (see Chidushei ha'Ran).
2. ... free, should she want to walk out on him - from the moment she uncovers her hair (bearing in mind that it was international practice in those days, for a married woman to cover her hair (see Chidushei ha'Ran).
(b) Rebbi Elazar Amar Rebbi Chanina forbids a Nochri to have abnormal relations with his wife on the basis of the Pasuk "ve'Davak be'Ishto".

(c) Rava queries this ruling due to the principle 'Mi Ika Midi ... ' ('There is nothing which a Yisrael may do that is forbidden to a Nochri'). According to him therefore, what Rebbi Chanina must have said is - that a Nochri who has unnatural relations with a married woman is Patur, based on the dual D'rashah "be'Ishto", 've'Lo be'Eishes Chavero'; "ve'Davak", 've'Lo she'Lo ke'Darko'.

(d) Rebbi Chanina also rules that a Nochri who ...

1. ... strikes a Yisrael - is Chayav Miysah, like we find with the Egyptian who struck the Jew, and whom Moshe immediately killed.
2. ... slaps a Yisrael's face - is considered as if he had slapped the face of the Shechinah (Kevayachol). And he learn this from the Pasuk "Mokesh Adam Yila Kodesh", since it is only Yisrael who are called "Adam".
(a) Resh Lakish learns from the Pasuk (in connection with Moshe and the two fighting Yisre'elim) "Vayomer la'Rasha, Lamah Sakeh le'Rei'echa" - that one Jew who merely raises his hand to strike another, is called a Rasha.


1. Ze'iri Amar Rebbi Chanina adds to this - that (based on a Pasuk in connection with the sons of Eli, who would threaten those who did not give them what they asked for, yet the Pasuk refers to 'their sin') he is called a sinner too
2. And Rav Huna adds (based on the Pasuk in Iyov "u'Zero'a Rasha Tishaver") - that they deserve to have their arm broken.
(c) In fact - Rav Huna once cut off the hand of a man who was constantly striking others (as we learned earlier 'Beis-Din Makin ve'Onshin she'Lo min ha'Din ... ').

(d) Based on the Pasuk "ve'Ish Zero'a Lo ha'Aretz", ...

1. ... Rebbi Elazar ascribes to him - the ultimate punishment of burial (i.e. death).
2. ... he advises - someone who is not tough, to desist from purchasing land, since it usually involves constant claims, counter-claims and law-suits.
(e) And Resh Lakish extrapolates from the Pasuk in Mishlei "Oved Admaso Yisba Lachem" - that it is only someone who is subservient to the land (who is constantly busy with it, either plowing or watering, digging or weeding), who will ultimately benefit from it.
(a) The source for Resh Lakish's statement, that a ben No'ach who observes Shabbos is Chayav Miysah - is the Pasuk in No'ach "Yom va'Laylah Lo Yishbosu", and as we have already learned 'Azharasan Zu hi Miysasan'.

(b) We reject the text 'P'shita' - on the grounds that the it is a Chidush to ascribe the Pasuk "Lo Yishbosu" to people (and not to the seasons).

(a) This Mitzvah is not confined to 'resting' on Shabbos - but applies to resting from work on any day of the week.

(b) It is not included in the seven Mitzvos B'nei No'ach - since they include only La'avin (and not Mitzvos Asei).

(c) In spit of the Lashon "Lo Yishbosu", resting on Shabbos is an Asei, because it really entails 'getting u- and working.

(d) Nevertheless, Dinim (which involves setting up law-courts and judging) is included, because although at first it appears to be purely an Asei - it also involves the La'av of not performing injustice ('Lo Sa'asu Avel').

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