Siman 269

The Rambam wrote in the fourteenth chapter of the Laws of Forbidden Intercourse, law 10: Noachides—no prohibitions of forbidden relations apply to them except for one's mother, one's father's wife, one's maternal sister, a married woman, male-on-male intercourse, and bestiality. But the rest of the forbidden relations are permitted to them. And a Noachide who converted or a slave who was emancipated—he is like a newborn child. And all the kin that he had while he was a Noachide or a slave—they are no longer kin. And if he and they converted—he is not liable for any of them on account of forbidden relations at all. And by Torah law, it is permitted for him to marry his mother or his maternal sister when they have converted. But the sages prohibited this matter, so that they should not say: "We have come from a strict sanctity to a lenient sanctity, for yesterday this woman was forbidden to him and today she is permitted." And a convert who had intercourse with his mother or his sister while she is in her state of gentility—this is like any other gentile woman.

What is the law of converts regarding the forbidden relations of "kinship"? If he was previously married to his mother or his sister and they converted—they are separated. And if he was married to other forbidden relations, and he and his wife converted—they are not separated. And a convert is forbidden in the kinship of the mother after he has converted by the words of the scribes. And he is permitted in the kinship of the father even though he knows with certainty that this is his kin from his father, such as twins where it is a clear matter that the father of this one is the father of this one; nevertheless, they did not decree upon the kinship of his father. Therefore, a convert may marry the wife of his brother from his father, and the wife of his father's brother, and his father's wife, and his son's wife, even though she was married to his brother or to his father or to his father's brother or to his son after they converted. And likewise his mother's sister from her father, and his sister from his father, and his daughter who converted—she is permitted to him. But he may not marry his sister from his mother, nor his mother's sister from her mother, nor the wife of his brother from his mother whom his brother from his mother married after he converted. But when his brother married her while he was an idolater—she is permitted to him.

Two twin brothers, whose conception was not in sanctity and whose birth was in sanctity – are liable on account of "a brother's wife." And one who marries a female convert and her female convert daughter, or two sisters from the mother – he remains with one of them and divorces the second. If he married a female convert and she died – he is permitted to marry her mother or her daughter, for they only decreed during their lifetimes. And it is permitted for a man to marry two female convert sisters from the father, for they did not decree regarding paternal kin as we have explained. And regarding all the secondary prohibitions, they did not decree them for converts. Therefore, a convert is permitted to marry his mother's mother. And a man may marry a female convert and her mother's mother or her daughter's daughter's daughter, and likewise with the rest of the secondary prohibitions.

All these are the words of the Rambam. And the explanation of his words is that because the children of Noah were commanded only regarding maternal relatives and not regarding paternal relatives. And it is not because we say that she committed adultery with another, for it is not so, as even with twins where there is no doubt, the law is such. And it is an explicit verse in the Torah that Abraham said to Abimelech regarding Sarah: "And moreover, she is indeed my sister, the daughter of my father, but not the daughter of my mother, and she became my wife." And this makes explicit that with paternal relatives there is no forbidden relation, and only with maternal relatives is there a forbidden relation. Therefore, even though a ger who converted is like a newborn child and is permitted in everything, nevertheless the Rabbis decreed regarding those who were previously forbidden to them, namely maternal relatives, so that they should not say: "We came from a strict sanctity to a lenient sanctity." But regarding paternal relatives they did not decree, because even previously they were permitted to them. And furthermore, he holds that with those from the father and from the mother it is permitted, for it is like from the father alone. And specifically from the mother alone is it forbidden, for therefore he wrote that even twins are permitted, and twins must necessarily have been born from one mother. (And so wrote the Maggid Mishneh and ruled not in accordance with Rabbi Shimon in Yevamot 97b. And the Maggid Mishneh was pressed to establish it according to Rabbi Shimon, see there.) And the reason is that since they are also from one father—we follow the status of the father.

Furthermore, he holds that they did not decree upon forbidden relations from his father's side, even regarding those that were forbidden to him, such as his father's wife and his father's sister. And they did not fear in this that they might say "we came etc.," except regarding those from the mother's side, for in this there is also the fear that one might come to confuse them with an Israelite. But regarding those from the father's side, one will not come to confuse them, for they know that for the children of Noah, forbidden relations exist only through the mother and not through the father, whereas for an Israelite they exist through the father as well. And that which a father's wife is forbidden to the children of Noah is not a scriptural decree, and this is according to the plain meaning of the Gemara there (Yevamot 98b) that he is permitted to his father's wife, and according to the plain meaning of the Gemara there (Yevamot 22a) that there is also the reason that one might come to confuse them, see there.

But the system of our teachers, the authors of the Tosafot and the Rosh, is that all arayot from the father's side that were forbidden even beforehand, such as his father's wife and his father's sister—are forbidden even now. And that which they said in the Gemara that it is permitted, this is according to the one who holds that a son of Noah is permitted in this. But according to the one who forbids—it is forbidden, and for the reason that they should not say: "We came etc." And the reason of "exchange" applies to the mother's relatives, those who were not forbidden beforehand (Tosafot ibid.). And this is what our teacher, the Rema, wrote, that some forbid his father's wife. Thus far his words. And the same law applies to his father's sister (Bach and Shach). And twins whose birth was in sanctity—all agree that she is a complete ervah. Nevertheless, regarding the matter of chalitzah and yibbum, it is necessary that their conception also be in sanctity. And some say that when their birth is in sanctity—even when they are not twins, it is an ervah. And so wrote our teacher, the Beit Yosef, in his great book. (And see Shach, subsection 6, and it is not certain as he wrote in the Dagul Mervavah.) And that which the Rambam wrote, that after death they did not decree—there are those who disagree with this. And they hold that even after death it is forbidden (Shach, subsection 10).

A convert who converted and his wife is with him—they must separate from one another for three months, in order to distinguish between seed that was sown in holiness and seed that was sown not in holiness. And if he wishes to maintain her—they require a chuppah and kiddushin. And if he does not wish to maintain her—she leaves him without a get. And when he takes her back after three months—she does not require seven clean days, for there is neither a new desire here nor were they separated except to take her back, and it is not even similar to one who remarries his divorcee (Dagul Mervavah). And regarding the matter of testimony, even brothers from the mother may testify for one another, for he is considered like a newborn child. And it is not similar to arayot, for arayot is known to all, and one might come to confuse it with an Israelite. But testimony is handed over to the beit din (Yevamot 22a). And regarding the matter of judgment, he is fit to judge monetary laws, provided that his mother is from Israel. But if his mother is not from Israel—he is disqualified from judging an Israelite by means of coercion. But for his fellow convert—he may judge. And in Choshen Mishpat siman 7 more was explained regarding this. And for chalitzah he is disqualified even for the chalitzah of converts, until his father and mother are from Israel. And it was explained in Even HaEzer siman 169. See there that there are those who say that if his father is from Israel—he is fit. And there it was explained with the help of Heaven.

The Rambam wrote there: A slave is permitted to marry his mother while he is a slave, and it goes without saying his daughter and his sister and the like, for he has already left the category of Cutheans. Meaning: he is permitted in a forbidden relation that a Cuthean is prohibited from. And he has also not entered the category of Israel such that the forbidden relations prohibited to converts should be prohibited to him. And it appears to me that if a slave has relations with a male or with an animal—they are put to death, for the prohibition of these two forbidden relations is equal among all mankind. Thus far his words. And this is no novelty at all, for is it because of kinship that they were prohibited? And the Ra'avad already challenged him. However, it appears to me that this itself is what he is teaching us: that we should not say that a Canaanite slave is not considered a human at all, being a "people like a donkey," therefore he teaches us that it is not so. And so it is explained from what he wrote further, and this is his wording: Slaves who were emancipated—behold they are like converts. Everything that is prohibited to converts is prohibited to them, and everything that is permitted to converts is permitted to them. And a man may give his maidservant to his slave or to the slave of his fellow, and may hand over one to two. and he does not need anything except "behold they are etc." And whether she is designated for a slave or is not designated, it is one and the same, because there is no legal marriage except for Israel, or for the nations regarding the nations, but not for Canaanite or Egyptian slaves—neither regarding themselves nor regarding Israel. Thus far his words. And if he has relations with the wife of an Israelite—behold he is put to death because of her (the Maggid Mishneh).