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Sanhedrin Chart #11
(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 |
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FOOTNOTES:
==========
(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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