1)

WHICH ARAYOS APPLY TO NOCHRIM? (cont.)

(a)

Question: Does R. Meir really say that a Nochri is commanded only about Arayos that a Yisrael is killed for?! (A Yisrael is not killed for any relatives involving siblings. The following shows that R. Meir forbids a Nochri to maternal aunts and sisters.)

1.

(Beraisa #2): If a Nochris became pregnant, converted, and gave birth, the child is considered a convert. He may paternal relatives, but he is forbidden to maternal relatives (the Arayos of Nochrim. This is a Rabbinic decree, lest people say that he had more Kedushah (Isurim of incest) while he was a Nochri than after becoming a Yisrael. Mid'Oraisa, he may all his relatives.)

2.

If he married his maternal sister, he must divorce her. If he married his paternal sister, they may remain married.

3.

If he married his father's maternal sister, he must divorce her. If he married his father's paternal sister, they may remain married.

4.

If he married his mother's maternal sister, he must divorce her;

5.

R. Meir says, if he married his mother's paternal sister, he must divorce her (since there is a maternal tie to her, the decree applies).

6.

Chachamim say, they may remain married.

i.

R. Meir says, if he marries any maternal relative, he must divorce her. He may remain married to any paternal relative.

7.

He may marry the wife of his brother, or of his father's brother, and all other Arayos;

i.

This comes to include his father's wife.

8.

If a Nochri married a Nochris and her daughter, and they all converted (the same applies if a Yisrael married two converts, a mother and daughter), he may marry (according to the law of Yisrael) one of them. He must divorce the other;

i.

L'Chatchilah, he should not marry either.

ii.

Version #1: If his wife died, he may marry her mother (since Halachah does not consider her to be her mother).

iii.

Version #2: If his wife died, he may not marry her mother. (This is a decree, lest people think that one may marry his mother-in-law after his wife dies when they are not converts).

(b)

Answer (Rav Yehudah): In Beraisa #1, R. Meir said that a Nochri is commanded only about Arayos that a Yisrael is killed for. That was according to R. Akiva;

1.

In Beraisa #2, R. Meir explained according to R. Eliezer (who permits a Nochri to his father's wife, but forbids him to his sister).

2.

(Beraisa - R. Eliezer): "Al Ken Ya'azov Ish Es Aviv v'Es Imo" forbids a Nochri to the sisters of his parents;

3.

R. Akiva says, "Aviv" alludes to his father's wife. "Imo" simply refers to his mother.

4.

"V'Dovak" excludes (forbids) Mishkav Zachar (the Nishkav does not enjoy it. He does not cling to the Shochev);

5.

"B'Ishto" excludes another's wife;

6.

"V'Hayu l'Basar Echad" - the union must be (the kind that) can lead to a child. This excludes bestiality.

2)

HOW R. ELIEZER AND R. AKIVA LEARN

(a)

Question: R. Eliezer says that "Aviv" forbids his father's sister. He should say that it forbids his father!

(b)

Answer: "V'Dovak" already forbids all Mishkav Zachar.

(c)

Question: We should say that it forbids his father's wife!

(d)

Answer: "B'Ishto" forbids all adultery.

(e)

Question: We should say that "Aviv" forbids his father's wife after his father dies!

(f)

Answer: "Aviv" resembles "Imo", i.e. it does not depend on marriage.

(g)

Question: He says that "Imo" forbids his mother's sister. He should say that it forbids his mother!

(h)

Answer #1: "B'Ishto" forbids all adultery.

(i)

Question: We should say that "Imo" forbids his mother after his father dies!

(j)

Answer (and Answer #2 to Question (g)): "Imo" resembles "Aviv", it does not refer to the parent himself (or herself).

(k)

Question: R. Akiva says that "Aviv" alludes to his father's wife. He should say that it forbids his father!

(l)

Answer: "V'Dovak" already forbids all Mishkav Zachar.

(m)

Question: Likewise, "b'Ishto" already forbids his father's wife!

(n)

Answer: "Aviv" forbids her after his father dies.

(o)

Question: He says that "Imo" refers to his mother. "B'Ishto" already forbids her!

(p)

Answer: It forbids his mother if she was never married to his father.

(q)

Question: What is the source of the argument?

(r)

Answer: R. Eliezer holds that "Aviv" and "Imo" must resemble each other. Therefore, it must refer to their sisters;

58b----------------------------------------58b

1.

R. Akiva prefers to say that "Aviv" refers to his father's wife, for we find that this is called Ervas Aviv. His father's sister is called She'er (the relative of) Aviv, but not Ervas Aviv.

3)

WHOM MAY A NOCHRI MARRY?

(a)

Question (against R. Eliezer): "Amram (married) Es Yocheved Dodaso", even though she was the maternal sister of his father!

(b)

Answer: No, she was only the paternal sister of his father!

(c)

Question (against R. Akiva): "(Avraham said about Sarah) Achosi Vas Avi Hi Ach Lo Vas Imi." This implies that a maternal sister is forbidden!

(d)

Objection (and answer): She was not his sister. She was his brother's daughter!

1.

Therefore, she is permitted in any case (whether her father was a paternal or maternal brother).

(e)

Answer (to the objection): Avraham justified calling her his sister because she was his father's granddaughter (and grandchildren are like children);

1.

He said that she was not his mother's daughter, because this was the truth.

(f)

Question (against R. Akiva - Beraisa): Adam ha'Rishon did not marry his daughter, in order that Kayin could marry her - "Olam Chesed Yibaneh."

1.

Inference: Normally, one may not marry a sister. It was permitted, in order to populate the world!

(g)

Answer: Once it was permitted, it remained permitted (for Bnei Noach).

(h)

Version #1 (Rav Huna): A Nochri may marry his daughter.

(i)

Question: If so, why didn't Adam ha'Rishon marry his daughter?

(j)

Answer: He did not, in order that Kayin could marry her - "Olam Chesed Yibaneh."

(k)

Version #2 (Rav Huna): A Nochri is forbidden to marry his daughter.

(l)

Support (Rav Huna for himself): This is why Adam ha'Rishon didn't marry his daughter!

(m)

Rejection: No, it was to enable Kayin to marry her - "Olam Chesed Yibaneh."

(n)

(Rav Chisda): A (Kena'ani) slave may marry his mother or daughter. (He is a partial convert.) He is no longer a Nochri, but he is not yet a Yisrael.

(o)

(Rav Dimi): If a Nochri designated a female slave for his male slave (Ploni), and he (the master, or any other Nochri) had Bi'ah with her, he is killed.

(p)

Question: When is she considered designated?

(q)

Answer (Rav Nachman): It is from when she is called 'Ploni's girl.'

(r)

Question: What ends the designation?

(s)

Answer (Rav Huna): It is when she uncovers her hair in the market.

4)

OTHER THINGS NOCHRIM ARE LIABLE FOR

(a)

(R. Elazar): A Nochri is killed for abnormal Bi'ah with his wife - "v'Dovak (b'Ishto)" connotes normal Bi'ah.

(b)

Objection (Rava): We never find that a Yisrael may do something, and a Nochri is killed for it!

(c)

(Rava): Rather, a Nochri is exempt for abnormal Bi'ah with the wife of his Chaver (another Nochri).

(d)

Question: What is the reason?

(e)

Answer: (He will cling) "b'Ishto", but not with his Chaver's wife;

1.

"V'Dovak" excludes abnormal Bi'ah.

(f)

(R. Chanina): If a Nochri hit a Yisrael he is killed - "...va'Yach Es ha'Mitzri."

(g)

(R. Chanina): If one slaps a Yisrael's face, this is like slapping the Shechinah's face - "Mokesh Adam Yala Kodesh."

(h)

(Reish Lakish): One who raises his hand to strike someone is called a Rasha, even if he did not hit him - "va'Yomer la'Rasha Lamah Sakeh Re'echa";

1.

It does not say 'why did you hit him?', rather, 'why will you?' He is called a Rasha even without hitting him.

(i)

(Ze'iri): He is called a Chotei. It says "v'Im Lo Lokachti b'Chazakah" (threatening to take), and it says "va'Tehi Chatas ha'Ne'arim Gedolah Me'od."

(j)

(Rav Huna): His hand should be cut off - "u'Zro'a Ramah Tishaver."

1.

Rav Huna cut off the hand of a man who was accustomed to hit people. (Chachamim may give punishments not specified in the Torah when there is a need.)

(k)

(R. Elazar): He should be killed - "v'Ish Zero'a Lo ha'Aretz." (It is proper that he be bureied in the ground.)

(l)

(R. Elazar): Only powerful people should own land (for they can deal with quarrels that will arise) - "v'Ish Zero'a Lo ha'Aretz."

(m)

Question (Reish Lakish): What does it mean "Oved Admaso Yisba Lachem"?

(n)

Answer: If one works his land as if he were its slave, he will have enough bread. If not, he will not.

(o)

(Reish Lakish): If a Nochri did not work for an entire day, he is Chayav Misah - "v'Yom v'Laylah Lo Yishbosu";

1.

A Nochri is Chayav Misah for transgressing any of his Mitzvos.

2.

(Ravina): He is liable even if he (did not intend to observe our Shabbos or the Nochri 'day of rest', rather, he) ceased on Monday.

(p)

Question: Why is this not included among his seven Mitzvos?

(q)

Answer: We list only actions that he must refrain from, but not actions that he must perform.

(r)

Question: Dinim is included, i.e. he must set up courts!

(s)

Answer: Dinim is an Aseh and a passive Lav (do not do injustice. The Isur to rest requires doing Melachah.)

OTHER D.A.F. RESOURCES
ON THIS DAF