Yerushalmi Yevamot 11:2 ירושלמי יבמות י״א:ב׳

MISHNAH: The sons of a female convert who converted with her do neither perform ḥalîṣah nor levirate⁶⁶Even if they biologically are children of the same father, they legally are not since the rules of family relationships are restricted to Jews. even if a first [son] was not conceived in holiness⁶⁷Before conversion. but born in holiness and a second [son] was conceived and born in holiness. The same applies to a slave girl⁶⁸Who before manumission already was Jewish as a slave. who was freed together with her sons.

HALAKHAH: “A female convert who converted,” etc. Is not⁶⁹The interrogative here does not make much sense; the baraita text is a copy from Sifra Qedošim Parašah 9(9), where the rhetorical question is appropriate. the convert guilty for his mother⁷⁰If he injures or curses his mother (Ex. 21:15,17). R. Yose the Galilean holds that a Gentile cannot claim relationship with his children, whether the mother is Gentile or Jewish. but not for his father following Rebbi Yose the Galilean? Rebbi Aqiba says, “his father and mother he cursed.⁷¹Lev. 20:9: “Any man who would curse his father and (or) his mother shall certainly die; his father and (or) mother he cursed, his blood is on him.” R. Aqiba infers from “curse his father”, “his mother he cursed”, that the rules for father and mother must be identical.” Anybody potentially guilty for his mother is potentially guilty for his father but nobody who cannot be guilty for his mother can be guilty for his father⁷²In fact, the argument goes the other way, anybody who cannot be guilty for his father cannot be guilty for his mother. Therefore, the child who converted with his mother cannot be prosecuted for injuring or cursing his mother.. Rebbi Aqiba agrees that the “silenced⁷³A person of unknown paternity, who is silenced by his mother should he adress any man as his father. If his father were known, he would be a normal Jew.” one is potentially guilty for his mother but not for his father. Rebbi Jacob bar Aḥa, Rebbi Yasa in the name of Rebbi Joḥanan: Where do they⁷⁴R. Yose the Galilean and R. Aqiba. disagree? About a convert not conceived in holiness but born in holiness. But about a convert conceived and born in holiness even Rebbi Yose the Galilean agrees⁷⁵There is not much to disagree since the child is born as full Jew (even though he is called a proselyte after his father, Mishna Qiddušin 3:12)...

Rebbi Yasa went to Ḥomṣ⁷⁶The city in Syria.. People came and asked him about the family of Ashtin⁷⁷In Demai Chapter 6 they are called Astor. who were converts, might they marry in levirate? He said to them, so says Rebbi Joḥanan: It is prohibited. They wanted to say, if a woman has children⁷⁸The widow had children but all of them were born while she was a Gentile.. But if the woman has no children, what can you say? He married his brother’s wife in levirate. If she is not his brother’s wife⁷⁹If converts born as Gentile brothers are not legally brothers after conversion, the wife of one cannot be forbidden to the other., should he not be considered as marrying a wife from outside? Rebbi Jacob bar Aḥa came in the name of Rebbi Isaac bar Naḥman: Even so it is forbidden, that people should not say, we saw the commandment of levirate among converts. When has this been said? When he lived with her after he converted⁸⁰By the first intercourse after conversion, which certainly was executed as an act between husband and wife, the Gentile marriage became valid in Jewish law.. But if he did not live with her after he converted, everybody agrees that it is as if he⁸¹The surviving brother may marry the woman who never was Jewishly married to his brother even if the relationship of brotherhood remained in effect after conversion. married a woman from outside.

A convert who converted while married to a woman and her daughter, or a woman and her sister, marries one and separates from the other⁸²He marries one in Jewish law and separates from the other or divorces her in Gentile law.. When has this been said? If he did not live with either of them. But if he lived with one of them after he converted, the one he lived with is his wife. If he lived with both of them, since he lived with them, he lived with them⁸³Since family relationships are dissolved by conversion, the two co-wives are not related in biblical law and, therefore, not prohibited in biblical law. The Babli, 98b, disagrees and holds that if he comes to ask, one tells him to separate from both of them. If he married one of them, he may keep her. It seems from this that the Babli would not tolerate a man to live with two wives who before conversion were mother and daughter or sisters..

A convert has to separate from his sister, whether paternal or maternal, the words of Rebbi Meïr. Rebbi Jehudah says, he must separate from his maternal halfsister; a paternal halfsister he may keep. He must separate from his mother’s sister but may keep his father’s sister, the words of Rebbi Meïr. Rebbi Jehudah says, he must separate from his mother’s maternal halfsister but may keep his mother’s paternal halfsister⁸⁴If he was married to any one of them at the moment of his conversion. In the Babli, 98b, R. Meïr is quoted as he is here, but instead of R. Jehudah, the anonymous Sages are quoted as permitting all sisters and aunts. In Gen. Rabba 18(7), the baraita is quoted as it is here, only that instead of R. Jehudah one has the anonymous Sages.. If he married any other incest prohibited woman, he may keep her. It was only said, “if he married”. Therefore, not from the start⁸⁵If he comes to ask, one does not permit the marriage. In the Babli, all women who are not blood relatives are unconditionally permitted..

A Gentile has to separate from his sister, whether paternal or maternal, the words of Rebbi Meïr. Rebbi Jehudah says, he must separate from his maternal halfsister; a paternal halfsister he may keep. He must separate from his mother’s sister but may keep his father’s sister, the words of Rebbi Meïr. Rebbi Jehudah says, he must separate from his mother’s maternal halfsister but may keep his mother’s paternal halfsister⁸⁶The rules for Gentiles living under Jewish law are identical to those valid for converts; in the Babli they are given in Sanhedrin 58a, identical to the rules given for converts in Yebamot98b.. Rav Ḥanin said, he⁸⁷This must be Rav, Rav Ḥanin’s teacher and father-in-law. explained us the words of Rebbi Meïr simply: “Therefore, a man has to abandon his father and his mother⁸⁸Gen. 2:24. The common interpretation of the verse as basis of a “natural law” of incest prohibitions is in the sources [Babli Sanhedrin 58a, Gen. rabba 18(8)]: “Therefore, a man leaves his father (the father’s wife who might not be his mother) and his mother and clings to his wife (marriage is effected by intercourse, but after the first intercourse of a woman all sex acts with other people are adulterous since there is no divorce; male homosexual activity is also forbidden) and they will be one flesh (only vaginal intercourse is counted as such).” All other incest prohibitions of Lev. are for Jews only. (A minority opinion, that of R. Eliezer in the Babli, identifies the “father” as the father’s sisters.).” What is close to him from his father’s side, what is close to him from his mother’s side. Rebbi Vivian asked: Then his father’s sister should be forbidden because she is close to his father! His mother’s sister should be forbidden because she is close to his mother⁸⁹This shows that the opinion of R. Eliezer, quoted in the Babli (see the preceding note) was unknown to the editors of the Yerushalmi.! Rebbi Simeon, the son of Rebbi Ayvo objected: “Amram took his aunt Yokhebed as wife⁹⁰Ex. 6:20. According to the rules promulgated by him, Moses was a bastard. This proves (a) that the incest prohibitions of Lev. 18 are introduced because of the holiness of the Land or as prohibition of idolatrous practices and (b) the paternal aunt is permitted to a Gentile..” Does that mean that the Israelites did not even behave as descendants of Noah? Rebbi Hila said, what is close to him from his father’s side, what is close to him from his mother’s side⁹¹Only the father’s wives and the mother.. They objected to Rebbi Meïr: “And truly she is my sister, my father’s daughter, but not my mother’s.⁹²Gen. 20:12. According to Philo (Special Laws III, 22–25), the practice of marrying halfsisters was recognized in Greece and that of marrying full sisters in Egypt.” He said to them: Is a proof from there? Not “she became my wife”⁹³I am at a loss to understand the argument. The expedient chosen by the talmudic sources, that Sarah was not Abraham’s sister but his niece, should be excluded out of respect for the biblical text (Cf. Chapter 10, Note 210). This cannot be a general Jewish tradition since Sadducee (Karaite) traditions prohibit the niece to the uncle because the text prohibits the nephew to the aunt.?

What about it⁹⁴What is the practice about prohibited Gentile marriages.? Rebbi Yose said, about any incest prohibition which for a Jewish court is a capital crime, a descendant of Noah⁹⁵Any Gentile. is forewarned; and about any incest prohibition which for a court is not a capital crime, a descendant of Noah is not forewarned⁹⁶This is characterized as R. Meïr’s minority opinion in the Babli, Sanhedrin 57b.. They objected: Is not a case involving the sister a capital crime for a Jewish court and the descendants of Noah are not forewarned⁹⁷The example is exceedingly bad since incest with one’s sister is punished by Heaven with extirpation (Lev. 20:17) but is not a capital crime on Earth. Maybe the reference should be to a man married to a woman and her daughter; cf. Note 82.? Rebbi Hila in the name of Rebbi Simeon ben Laqish: “Because of these abominations, the Eternal, your God, uproots them before you.⁹⁸Deut. 18:12, speaking of idolatry.” This teaches that the Holy One, praise to Him, does not punish if He did not warn⁹⁹The prohibition of idolatry is universal, valid for all descendants of Noah (Babli Sanhedrin 57b). Therefore, Gentiles can be punished for idolatrous practices since they have been warned about them. R. Hila seems to agree that the incest prohibitions which exceed the bare minimum are directed against idolatrous practices..

Rebbi Idi said before Rebbi Yose, a slave is permitted his sister¹⁰⁰As the Babli explains (Sanhedrin 58b), he is no longer a Gentile but not yet a responsible Jew. He cannot be punished in either law and he cannot legally marry.. He said to him, did you hear this even if she is from the same mother? He said, yes. He said to him, but did we not state: “The same applies to a slave girl who was freed together with her sons.” For ḥalîṣah and levirate¹⁰¹But not for criminal matters. The convert changed from one set of laws to another; the libertine enters a set of laws that previously were not applicable to her.. Rebbi Phineas said before Rebbi Yose in the name of Rebbi Yasa: A slave who slept with his mother is obligated for a purification sacrifice. “You shall command them¹⁰²Lev. 1:2. After the introduction: “Speak to the Children of Israel”, the addition “you shall command them” seems superfluous unless it includes people whose inclusion among the Children of Israel is doubtful.,” including slaves¹⁰³Since in theory anything a slaves owns belongs to his master, any obligation of sacrifice would have to be deferred until after the slave’s manumission.. Or should we say, this was said about fat¹⁰⁴While a slave is obligated to obey all prohibitions in the Torah, it may be that in matters of sexual relations his status is different. (Since slaves cannot marry, as a matter of principle promiscuity is permitted to them; cf. Terumot Chapter 8, Note 247.)? Do we find in his relation to his mother that her converted aspect accompanies the unconverted aspect just as with a slave girl her converted aspect accompanies the unconverted aspect¹⁰⁵A betrothed girl is a wife for criminal law; adultery with her is a capital crime (Deut. 22:23–24). By contrast, adultery with a half-freed slave girl engaged to be married to a free man (in expectation of her full emancipation; she did belong to two masters one of whom manumitted his share) can be expiated by a reparation offering (Lev. 19:20–22; Sifra Qedošim Pereq 5). This shows that her semi-free status interferes with the operation of criminal law for free persons. In analogy, we could conjecture that the status of a slave as incompletely converted (since he is not obligated to observe most positive commandments) interferes with the operation of the laws of obligatory sacrifices.
The problem is not resolved, probably because it is not realistic.?