Sanhedrin Chart #11

Chart for Sanhedrin Daf 58a-b

THE PROHIBITIONS OF ARAYOS WHICH APPLY TO NOCHRIM (1)

(A)
PUNISHMENT
(B)
DOES THIS APPLY TO NOCHRIM, ACCORDING TO REBBI AKIVA? (2)
(C)
DOES THIS APPLY TO NOCHRIM, ACCORDING TO REBBI ELIEZER? (3)
1) NA'ARAH
HA'ME'URASAH (4)
Sekilah --- ---
2a) IMO Sekilah Yes* Yes** (5)
2b) ESHES AVIV Sekilah Yes* No
3) KALASO Sekilah Yes** No
4) ZACHAR &
BEHEMAH (6)
Sekilah Yes Yes
5) BAS KOHEN SHE'ZINSAH Sereifah --- ---
6) BA AL ISHAH U'VITAH
& BAS BITAH
Sereifah Yes** No
7) BITO & NECHDASO
ME'ANUSASO
Sereifah Yes** Yes** (7)
8) ESHES ISH Chenek Yes Yes
9) ACHOSO Kares No Yes (5)
10) ACHOS AVIV,
ACHOS IMO
Kares No Yes*
11) ACHOS ISHTO Kares No No
12) ESHES ACHIV Kares No No
13) ESHES ACHI AVIV ME'AVIV Kares No No
14) NIDAH Kares No No

* This is derived from the verse "Al Ken Ya'azov Ish Es Aviv v'Es Imo" (Bereishis 2:24).
** This is according to Rashi. The Maharam (cited by Tosfos ha'Rosh) argues and exempts a Nochri from these prohibitions of Arayos. (8)

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FOOTNOTES:

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(1) The Arayos that are prohibited for Nochrim are derived from the verse, ""Al Ken Ya'azov Ish Es Aviv* v'Es Imo, v'Davak b'Ishto, v'Hayu l'Vasar Echad" (Bereishis 2:24).

(2) The general rule, according to Rebbi Akiva, is that Nochrim are warned against committing any act for which the Jewish Beis Din punishes a Jew for committing (according to Rashi 58a, DH Yatz'u; see footnote #8).

(3) The general rule, according to Rebbi Eliezer, is that any blood relation (such as one's sister) is prohibited to Nochrim, and any relation which is due to marriage is not prohibited to them (Rashi 58a, DH Yatz'u).

(4) The prohibition of Na'arah ha'Me'urasah is not relevant to this discussion. If the Na'arah is a Nochri, then she is not prohibited to other men because Nochrim do not have a stage of Eirusin (and she is considered to be unmarried). If the Na'arah is a Jewess, then she has the status of an Eshes Ish and is prohibited to a Nochri according to all opinions.

(5) This is learned through a Kal v'Chomer from "Achos Imo," whom the verse prohibits to a Nochri, according to Rebbi Eliezer (see Rashi DH Achos Aviv).

(6) These prohibitions are derived from the words "v'Davak" (Bereishis 2:24), which excludes relations with another man, and "v'Hayu l'Vasar Echad," which excludes relations with an animal (58a).

(7) This is not explicit in the words of Rashi. On the contrary, from the words of Rashi (58a, DH Yatz'u) it might be concluded that only parental or sibling relationships are prohibited to a Nochri. Nevertheless, it seems logically consistent to assume that a Nochri is prohibited to his daughter, as follows: if a Nochri is prohibited to his sister, who is prohibited to him only because she is the daughter of his mother, then certainly his own daughter should be prohibited to him. This seems to the Tosfos ha'Rosh's understanding of Rashi as well. (See below footnote #8.)

(8) That is, according to Rashi, the punishments for Nochrim can be derived from a Kal v'Chomer and Binyan Av ("Onshin Min ha'Din"). Rashi infers this from the fact that according to Rebbi Yochanan, Rebbi Akiva holds that all Arayos for which Beis Din may punish a Jew are prohibited to a Nochri, even though some of those Arayos are not mentioned explicitly in any verse. The Maharam argues and maintains that only those Arayos mentioned explicitly in a verse are prohibited. "Achoso" (a sister) is also prohibited to a Nochri, according to Rebbi Eliezer, even though this is not mentioned explicitly in the verse of "Al Ken Ya'azov," because the prohibition can be derived from "v'Gam Amnah Achosi Bas Avi Hi" (Bereishis 20:12; see 58b). Accordingly, when Rebbi Yochanan says that any prohibition of Arayos for which Beis Din may punish a Jew applies to a Nochri, the statement is not all-inclusive. He actually means the inverse: any prohibition of Arayos for which Beis Din may not punish a Jew does not apply to a Nochri (since it is not mentioned in any verse). There are, however, prohibitions of Arayos for which Beis Din does punish a Jew which do not apply to a Nochri (Tosfos ha'Rosh 58a, DH Nasa, and DH Ha Rebbi Meir).

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