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1) WHICH ARAYOS APPLY TO NOCHRIM? (Cont.)

(a) Question: Does R. Meir really say that a Nochri is only commanded about Arayos that a Yisrael is killed for?!

1. (Beraisa): If a Nochris became pregnant, converted, and gave birth, the child is considered a convert; he is permitted to 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 (prohibitions of incest) as a Nochri than as a Yisrael; mid'Oraisa, he is permitted to 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 will think that one may marry his mother-in-law after his wife dies (when they are not converts).

(b) Answer (Rav Yehudah): When R. Meir said that a Nochri is only commanded about Arayos that a Yisrael is killed for, this was according to R. Akiva;

1. According to R. Eliezer, he said that he is permitted to his father's wife and forbidden to his sister.
2. (Beraisa - R. Eliezer): "Al Ken Ya'azov Ish *Es Aviv v'Es Imo*" - these come to forbid 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'Davak" - this excludes (forbids) Mishkav Zachar (the Nishkav does not enjoy it, he does not cling to the Shochev);

i. "B'Ishto" - this excludes another's wife;
ii. "Ve'Hayu l'Basar Echad" - the union must be (the kind that) can lead to a child, this excludes bestiality.

(a) Question R. Eliezer says that "Aviv" forbids his father's sister - he should say that it forbids his father!
(b) Answer: All Mishkav Zachar is already forbidden from "V'Davak".
(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 it forbids his father's wife after his father dies!
(f) Answer: "Aviv" resembles "Imo", 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 it forbids his mother after his father dies!
(j) Answer: "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: All Mishkav Zachar is already forbidden from "V'Davak".
(m) Question: Also his father's wife is already forbidden from "B'Ishto"!
(n) Answer: It forbids her after his father dies.
(o) Question: He says that "Imo" refers to his mother - she is already forbidden from "B'Ishto"!
(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 says that "Aviv" and "Imo" must resembles each other - this can only be if it refers to their sisters;

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 Aviv, not Ervas Aviv.

(a) Question (against R. Eliezer): "Va'Yikach Amram 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, it is forbidden to marry a sister; it was permitted, in order to populate the world!

(g) Answer: Once it was permitted, it remained permitted (for Benei No'ach).
(h) Version #1 (Rav Huna): A Nochri is permitted to 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, this was in order that Kayin could marry her - "Olam Chesed Yibaneh"
(n) (Rav Chisda): A (Kana'ani) slave is permitted to marry his mother or daughter - he (converted partially, 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, and he had relations with her, he is killed.
(p) Question: When is she considered designated?
(q) Answer (Rav Nachman): When she is called 'Ploni's (the name of the slave) girl'.
(r) Question: What ends the designation?
(s) Answer (Rav Huna): When she uncovers her hair in the market.

(a) (R. Elazar): A Nochri is killed for unnatural relations with his wife - "V'Davak (b'Ishto)" - naturally.
(b) Objection (Rava): We never find that a Yisrael is permitted to do something, and a Nochri is killed for it!
(c) (Rava): Rather, a Nochri is exempt for unnatural relations with the wife of his Chaver (another Nochri).
(d) Question: What is the reason?
(e) Answer: "B'Ishto" - not with his Chaver's wife;

1. "V'Davak" - this excludes unnatural relations.

(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 Lakachti b'Chazakah" (threatening to take), and it says "Va'Tehi Chatas ha'N'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".
(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 a person works his land as if he was its slave, he will have enough bread; if not, 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 only list actions he must refrain from, not actions he must perform.
(r) Question: But Dinim is included, he must set up courts!
(s) Answer: Dinim is an Ase, it is includes a Lav (not to pervert justice).