POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Sanhedrin 58
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?!
2) HOW R. ELIEZER AND R. AKIVA LEARN
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).
(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;
2. If he married his maternal sister, he must divorce
her; if he married his paternal sister, they may
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
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
1. According to R. Eliezer, he said that he is
permitted to his father's wife and forbidden to his
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
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
(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
(c) Question: We should say that it forbids his father's
(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
(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
(m) Question: Also his father's wife is already forbidden
(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
(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
3) WHOM MAY A NOCHRI MARRY?
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
(a) Question (against R. Eliezer): "Va'Yikach Amram Es
Yocheved Dodaso" - even though she was the maternal
sister of his father!
4) OTHER THINGS NOCHRIM ARE LIABLE FOR
(b) Answer: No, she was only the paternal sister of his
(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
(g) Answer: Once it was permitted, it remained permitted (for
(h) Version #1 (Rav Huna): A Nochri is permitted to marry his
(i) Question: If so, why didn't Adam ha'Rishon marry his
(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
(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
(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
(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
(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
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
(k) (R. Elazar): He should be killed - "V'Ish Zero'a Lo
(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
(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
(p) Question: Why is this not included among his seven
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.
(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