Sanhedrin 58a (נח.) — the Talmud in English

A ger

whose conception was not in sanctity but whose birth was in sanctity,

because after his mother conceived, she and her fetus converted; and likewise one whose conception and birth were not in sanctity, and who then converted:

He has maternal relatives

because she is forbidden to gentiles,

but

however,

he does not have paternal relatives,

as they are permitted to gentiles, as the beraita proceeds to explain:

What are the circumstances? If he married

this ger’s

maternal sister,

he must

send her out,

because she was forbidden to him when he was a gentile. But if he married his sister

through his father,

he may

keep her,

because she was not forbidden to him when he was a gentile, as the sons of Noach have a sibling relationship only through the mother and not through the father.

His father’s maternal sister [

and she is called “maternal relative” in the beraita], must

send her out,

because she too was forbidden to him when he was a gentile. But if he married his father’s sister

through the father,

he may

keep her,

because she was permitted to him when he was a gentile, as the sons of Noach do not have a paternal sibling relationship.

His mother’s maternal sister,

he must

send her out,

because she was forbidden to him when he was a gentile.

And if he married

his mother’s paternal sister,

who was permitted to him when he was a gentile, since the sons of Noach have no sibling relationship through the father, the tannaim disputed the matter:

Rabbi Meir says: He must send her out,

although she was permitted to him as a gentile; she was prohibited because of a decree, as the beraita proceeds to explain.

And the Sages say: He may keep her,

since she was permitted to him when he was a gentile, and the Sages did not issue the decree issued by Rabbi Meir.

For Rabbi Meir would say: With regard to every forbidden relationship that is because of maternal kinship—

he must send her out,

meaning: Since there is an aspect of maternal kinship here, as she is his mother’s sister, if we permit her to him, he will say, “A ger has no maternal relatives,” and he will come to permit even his maternal sister.

And every forbidden relationship that is

because of paternal kinship—

he may keep her.

And it is permitted

for the ger:

to marry his brother’s wife,

even through the mother [ after his brother’s death, when she is no longer a married woman], since she was not forbidden to him when he was a gentile, and there is no reason to issue a decree in this case, lest people say something. And since he converted and is like a newborn child, she is permitted to him,

and his paternal uncle’s wife, and

likewise

all other forbidden relationships

that arise because of marriage, these

are permitted to him,

for the reason stated.

And we explain: “‘And all other forbidden relationships”

comes to include [

to include]

his father’s wife.

The beraita further says:

If

a gentile married

a

woman and her daughter

and he and his wives converted together:

He may

take one in marriage and send one away.

he takes one and divorces one.

Here the beraita returns to explain the law of a ger whose conception was not in sanctity but whose birth was in sanctity: “

And

all those whom we said ‘he may keep,’ nevertheless

he should not marry initially.

If his wife died,

the wife of a ger who converted—and even if he married her again after converting—

he is permitted to marry his mother-in-law,

because she is not truly his mother-in-law, since she is no longer considered his wife’s mother, for a ger who converts is like a newborn child. And she is not prohibited because of the concern “lest people say,” because he was not warned against his mother-in-law when he was a gentile

; and some say: He is forbidden to marry his mother-in-law.

It is evident from this beraita that Rabbi Meir permitted a ben Noach to marry his father’s wife and his mother-in-law, even though an Israelite court executes one for these relationships, and Rabbi Meir prohibited a ben Noach from marrying his sister, his father’s sister, and his mother’s sister, for which an Israelite court does not execute, since they are relationships punishable by karet—

and this is not consistent with what was stated in the earlier beraita: “With regard to every forbidden relationship for which an Israelite court executes, a ben Noach is warned against it; for every forbidden relationship for which an Israelite court does not execute, a ben Noach is not warned against it, according to Rabbi Meir”!?

Rav Yehuda said: This is not difficult,

because:

This—

the beraita concerning a ger—

is Rabbi Meir according to Rabbi Eliezer,

his teacher.

And that—

the beraita stating “every forbidden relationship”—

is Rabbi Meir according to Rabbi Akiva,

who was also his teacher.

As it was taught:

It is written concerning Adam, as the Holy One, blessed be He, said to him [Genesis 2:24]: “

Therefore a man shall leave his father and his mother

and cling to his wife, and they shall become one flesh.” From this verse we learn to prohibit forbidden relationships to a gentile; and the tannaim disputed the interpretation of the verse:

Rabbi Eliezer says: “

Therefore a man shall leave his

father”:

this means

his father’s sister, [

and below the Gemara explains from where they derive their interpretations of the verses]. “

His mother”

means

his mother’s sister.

The beraita concerning a ger follows this approach: Since the Torah prohibited his father’s sister and his mother’s sister, it follows by a kal va-chomer that his sister is forbidden to him;

but the Torah did not prohibit a ben Noach from marrying his father’s wife or his mother-in-law, which are forbidden relationships that arise through marriage.

Rabbi Akiva says: “

His father”

means

his father’s wife. “

His mother”

means

his actual mother.

The beraita that we learned follows this approach: “With regard to every forbidden relationship for which an Israelite court executes, a ben Noach is warned against it; and for every forbidden relationship for which an Israelite court does not execute, a ben Noach is not warned against it.” Since the verse taught through these forbidden relationships that they are prohibited to a ben Noach, and these are relationships punishable by execution for Jews, we derive all other relationships punishable by execution from them; but not relationships punishable by karet.

The beraita continues: And according to everyone: “

And cling

to his wife” comes to teach:

and not to a male,

because there is no clinging with a male, as the penetrated partner does not derive pleasure from the intercourse. “

And cling

to his wife,”

comes to teach:

and not to his fellow’s wife. “

And they shall become one flesh,”

teaches that the Torah permitted intercourse only with

one who becomes one flesh,

meaning: through the seed, the flesh of the father and mother become one in the fetus.

An animal and an animal of the wild are excluded,

as a ben Noach is not permitted to have intercourse with them, since

they do not become one flesh,

because a man cannot beget offspring from them.

The Master said

in the baraita:

Rabbi Eliezer says: “

His father”

means

his father’s sister:

And we challenge this:

Perhaps “

his father”

means his actual father!?

And we answer: His actual father

is

“and cling”

and not to a male.

But we still challenge this:

Perhaps “

his father”

means his father’s wife!?

And we answer:

This is

“with his wife”

and not with another man’s wife.

And we challenge this:

Perhaps “

his father” came to include his father’s wife

after his father’s death

—for then it would no longer be appropriate to say: This is “and not with another man’s wife”!?

And we answer: Rather, it is impossible to interpret “his father” as meaning his father’s wife, because “his father” appears to mean

analogous to “

his mother.”

Just as “

his mother”

is not

a relationship resulting from

marriage

—

so “

his father”

means a relationship

not

resulting from

marriage.

The baraita continues to explain Rabbi Eliezer’s statement, in which he further said: “

His mother”

means

his mother’s sister:

And we challenge this:

Perhaps “

his mother”

means his actual mother!?

And we answer:

This is “

with his wife and not with another man’s wife,”

for she is his father’s wife.

But we still challenge this:

Perhaps “

his mother” came to include her

after the death

of his father—for then it would no longer be appropriate to say: This is “and not with another man’s wife”!?

And we answer: Rather, for this reason we do not interpret “his mother” as meaning his actual mother, because “his mother” appears to mean

analogous to his father: just as “

his father”

is not his actual father,

as this is “and not to a male,”

so “

his mother”

is not his actual mother.

The Gemara continues to explain the statement of Rabbi Akiva in the baraita:

Rabbi Akiva says: “

His father”

means

his father’s wife.

And we challenge this:

Perhaps “

his father”

means his actual father!?

And we answer: After all,

this is

“and cling, and not to a male.”

And we challenge this:

If so,

what Rabbi Akiva interpreted—that “his father” means

his father’s wife as well—

is also difficult: After all,

this is “

with his wife and not with

another man’s wife”!?

And we answer: What Rabbi Akiva said—that “his father” means his father’s wife—does not refer to when she is still his father’s wife, but rather

after the death

of his father.

The Gemara further explains the continuation of Rabbi Akiva’s statement, in which he said: “

His mother”

means

his actual mother:

And we challenge this: His mother, who is also his father’s wife,

is “

with his wife and not with another man’s wife”!?

And we answer: The “mother” mentioned by the verse does not refer to his father’s wife, but rather to

his mother, born from a woman his father had raped,

and the verse prohibited him from having intercourse with his mother.

And we explain:

With regard to what do

Rabbi Eliezer and Rabbi Akiva disagree?

Rabbi Eliezer—

who interprets both “his father” and “his mother” as referring to his father’s and mother’s relatives through sibling relationships, namely, his father’s sister and his mother’s sister—

holds: