THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT

The Noahide Laws - Lesson Thirty-Eight

Written by Rabbi Avraham Chaim

Bloomenstiel
© Yeshiva Pirchei Shoshanim 2014
This shiur may not be reproduced in any
form without permission of the copyright holder.

164 Village Path, Lakewood NJ 08701 732.370.3344

164 Rabbi Akiva, Bnei Brak, 03.616.6340
THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT
THE NOAHIDE LAWS | NOAHIDE LIFECYCLE I | MALE & FEMALE | LESSON 38

Table of Contents:
1. Introduction

2. Sexual Morality & Derivations of the Laws

3. Example: The Canaanites

4. Categories of Prohibited Relations

5. Source of the Basic Subdivisions

6. Prohibited by Early Decree

7. Permitted, yet not Practiced

8. Male & Female Liability

9. Precautionary Laws

10. Summary

365
THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT
THE NOAHIDE LAWS | NOAHIDE LIFECYCLE I | MALE & FEMALE | LESSON 38

Lesson

38
Lifecycle I: Male &
Female

Introduction
The next several lessons will cover the Noahide lifecycle from birth to death. In
this lesson we will start just before birth: with the details of dating and marriage.
This lesson will cover acceptable marriage partners, details of interactions between
the genders, and issues of modesty in these areas.

Sexual Morality & Derivations of the Laws

The Noahide laws prohibit acts of sexual immorality. As discussed in a very early
lesson, the Talmud learns these laws, by way of implication, from Genesis 2:16.
Like all the Noahide laws, though phrased in the negative, it also implies positive
aspects. Laws that prohibit sexual immorality also imply the converse: the
embracing of acts of sexual purity and endorsing sexual morality.

As we have further seen, the seven Noahide laws are “families” of laws instead of
discrete prohibitions unto themselves. Indeed, “sexual immorality” is too broad a
term to mean anything without subdivision and definition. These laws, however,
are unique because the Torah itself appears to provide many examples of what is
and is not acceptable behavior.

For example:

 The behavior of Pre-Flood Society:

The land was corrupt before G-d… For all flesh had corrupted its way.

367
THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT
THE NOAHIDE LAWS | NOAHIDE LIFECYCLE I | MALE & FEMALE | LESSON 38

The Talmud states: A braisa of the academy R’ Yishmael has taught: anywhere that
the term “corruption” is used, it is only in reference to sexual matters or idolatry.1

 Sodom & Gemorah

 The abominations of Egypt: You shall not commit the deeds of the Land of Egypt
wherein you dwelt.2

Although this was commanded to Jews, the Torah and Midrashim describe
Egypt’s deeds as “abominations.” Many commentaries discuss whether
this implies that the deeds of Egypt are prohibited to Noahides as well.

 Behavior of the Canaanites:

Likewise, the deeds of the land of Canaan, the where I shall bring you, you not do;
neither shall you walk in their statutes3; and,

There shall not be found among you one who asses his son or daughter through the fire,
one who uses divinations, and illusionist, an auger, or a sorcerer… because of these
abominations, Hashem your G-d is banishing them from before you.4

The Talmud states: God would not punish these nations unless he had warned them
against such acts.5

The implication of these examples is not always clear. Let’s take a close look at the
Canaanites.

1 Sanhedrin 57a.

2 Lev. 18:3

3 Lev. Ibid.

4 Deu. 18:10-12.

5 Sanhedrin 56b.

368
THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT
THE NOAHIDE LAWS | NOAHIDE LIFECYCLE I | MALE & FEMALE | LESSON 38

Example: The Canaanites

The Torah, in Lev. 18:3, introduces the list of Jewish prohibited relationships with
the following:

You shall not commit the deeds of the Land of Egypt wherein you dwelt. Likewise, the deeds of
the land of Canaan, the where I shall bring you, you not do; neither shall you walk in their
statutes.

The Torah then goes on to list all of the relationships prohibited to Jews in verses
6 to 24. The Torah concludes by stating that the Canaanites lost their land to Israel
as punishment for transgressing the laws of sexual morality:

And the land was defiled, therefore I visited their iniquity upon it, and the land vomited out its
inhabitants. Therefore, you shall keep My statutes and My ordinances, and shall not do any of
these abominations; neither the native-born, nor the convert, for all these abominations have been
committed by the men of the land who came before you, and the land is defiled...6

Does this Lev. 18:3, referring to the “deeds of Canaan,” imply that the succeeding
list of prohibited relationships (verses 6 to 24) equal the abominations committed
by Canaan? If we say “yes,” then all of the relationships mentioned in 6 to 24 are
also prohibited to Noahides. However, if we say “no,” then we cannot assume
that all relationships in the list are prohibited to Noahides.

A proof may be adduced from the Talmud, Sanhedrin 56b. Deut. 18:10-12 lists a
number of prohibited forms of sorcery and divination, stating that these were also
reasons Canaan was driven from its land. The Talmud states: God would not punish
these nations unless He had warned them against such acts.

However, things are not so simple. The Talmud7 notes that there are relationships
mentioned in the list that are, elsewhere, defined as permitted to Noahides.
Therefore, the list in verses 6 to 24 cannot be defining the prohibited Canaanite
practices. Furthermore, not all of the Tannaim agree to the idea that God would not
punish these nations unless He had warned them against such acts. If so, then why then
does the Torah appear to list these relations as the prohibited “abominations” of
Canaan?

As we see from this example, the Torah’s many references to what is or is not
acceptable for Noahides, based on ancient practices, cannot be taken at face value.

6 Lev 18:28.

7 Sanhedrin 56b.

369
THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT
THE NOAHIDE LAWS | NOAHIDE LIFECYCLE I | MALE & FEMALE | LESSON 38

Categories of Prohibited Relations

There are a number of categories in this prohibition:

 Relationships that are biblically forbidden – We will see shortly how

these are derived.

 Relationships that are prohibited by decrees of ancient Noahides

(i.e. Shem) – the sages record a few relations that, although permitted by
the Torah, were prohibited by ancient Noahides and their courts. Their
ability to make such prohibitions, as we shall see, derives from the mitzvah
of dinim, establishing rule of law. A few of these decrees continue to apply
today, yet there are others that either do not apply today or whose
application is uncertain.

 Permitted, Yet Not Practiced – As mentioned in the above discussion,

the Torah refers to a number of relationships as “abominations” even
though they are fundamentally permitted to Noahides. Is this term meant
to imply that they are only abominations from the viewpoint of the Jewish
mitzvos? Or, is it saying that they are abominations even when committed
by non-Jews? The problem is the word “abomination,” a term meaning
socially, morally, or emotionally repulsive behavior. It is out-of-place in a
discussion of law. Yet, if the permission/prohibition of an act is based on
a social judgment or emotional reaction to an act, then the act must have
been considered repulsive even before it was prohibited by law. Yet, we
see that many of the acts called “abominations” in Lev 18:6-24 are not
prohibited to Noahides. The conclusion, as we shall see, is that these acts
are permitted, yet should not be practiced.

Source of the Basic Subdivisions

Therefore, a man shall leave his father and mother
and cling to his wife and they shall become one flesh.8

From this verse the Talmud derives five prohibitions for the descendants of
Adam:

8 Gen. 2:24.

370
THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT
THE NOAHIDE LAWS | NOAHIDE LIFECYCLE I | MALE & FEMALE | LESSON 38

 Therefore, a man shall leave his father… The Talmud explains that
“leaving his father” means that one cannot have relations with that
which is or was his father’s, meaning his father’s current or former
wife. This applies for all time, even if one’s father has died or has
divorced the woman.9 What makes the woman prohibited to the son
(or the son to her) is that she and the father had formed a bond of
marriage. This bond created the prohibition. The definition of this
bond will be discussed below.

 …and mother… Using a similar reasoning as in the previous case,

this prohibits incest between a man and his mother. The prohibition of
relations between a man and his biological mother is prohibited even if
the woman was never actually married to the man’s father.10

 …and cling to his wife… His wife and not the wife of another man.
This forbids adultery between a man and a woman who is another
man’s wife. This prohibition is based on the marital bond, which will
be explained below. We should note that polygamy is permitted to
Noahides as it is for Jews. However, Jewish courts universally banned
the practice over 1000 years ago. For reasons that will be discussed in
the class, this should not be practiced by Noahides either.

 …to his wife… This forbids male homosexual relationships. Wife,

being of female gender, precludes a relationship between a male and a
male. Lesbianism, although it cannot be derived from this verse, is
nevertheless prohibited. The source for its prohibition is not agreed
upon by all. Some view it as a subcategory or derivation from male
homosexuality. Others prohibit it because it is one of the
“abominations” practiced in Egypt, in combination with a number of
other concerns. It may also be the subject of an earlier decree.

The Talmud indicates that granting civil recognition to homosexual

unions (equating them with marriage) is prohibited for Noahides.11

9 Hilchos Melachim 9:6.

10 Hilchos Melachim ibid.

11 In Chullin 92b, Ulla laments that the Non-Jews of his time were sunk in the grossest forms of idolatry and
immorality. However, he praised them for retaining three practices: 1) they did not write a marriage contract for
homosexual unions, 2) they did not sell flesh in the marketplace (it is unclear to what this refers – see Rashi), and 3)
despite all of their idolatry and immorality they still showed respect for the Torah.

371
THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT
THE NOAHIDE LAWS | NOAHIDE LIFECYCLE I | MALE & FEMALE | LESSON 38

 …and they shall become one flesh. This indicates the ability of a
man and a woman to create one flesh, a child, through their union. This
precludes relations between species that cannot produce offspring.
Hence, all forms of bestiality are prohibited, whether one is male or
female, or the active or passive partner.

There is a sixth biblical prohibition of incest between siblings. However, this

prohibition does not have as clear a derivation as the others:

And Avimelech said to Abraham: 'What motivated you to do such a thing [to say “she is my
sister”]?' And Abraham said: 'Because I thought: Surely the fear of God is not in this place,
and they will slay me on account of my wife. And moreover she is indeed my sister, the daughter
of my father, but not the daughter of my mother; and so she became my wife.

From here, the authorities derive that a maternal half-sister, and all the more-so a
full sister, is prohibited. The bond of marriage between any of the parents of these
siblings is irrelevant here. Biological relation is enough to establish the
prohibition.12 Curiously, this only prohibits a sister with whom one is maternally
related. Paternal half-sisters are permitted for marriage.13 It appears that having the
same mother is the benchmark for the biblical definition of siblings for the
purpose of this prohibition. The exact reasons for this are a matter of
interpretation.14

Prohibited by Early Decree

We know of a few prohibitions prohibited by early decree. However, it is clear that
this category included many other relations not mentioned here. The “abominations”
that are fundamentally permitted to Noahides may be relations that were voluntarily
prohibited by the early Noahides. Therefore, although they are permitted, they are
unacceptable. The following decrees, however, we know with certainty to be binding
even today:

12 Issurei Biah 2:2-4.

13 Maimonides Hilchos Melachim 9:5 and Hilchos Issurei Biah 14:10.

14The Jerusalem Talmud, Yevamos 11, however, derives the prohibition of sibling incest from Gen.
2:24, along with all of the other biblical prohibitions. However, even the Jerusalem Talmud
debates as to whether or not it applies to all type of siblings.

372
THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT
THE NOAHIDE LAWS | NOAHIDE LIFECYCLE I | MALE & FEMALE | LESSON 38

 Father and Daughter – Another omission from this list is relations between a
daughter and her father. Fundamentally, such relationships are not prohibited.15
However, Nachmanides16 and Rashi17 write, that this practice was banned in the
very early days of mankind as a repulsive practice.

 Noahide & Idolater - In the story of Judah and Tamar, we have to ask: by what
authority was Judah able to decree death for Tamar? The Talmud in Avodah
Zarah 36b records that, in ancient times, Shem and his court prohibited Noahide
cohabitation and marriage with idolaters. The reason is that a family’s religious
commitment cannot be built on two faiths. Inevitably, one will be forced to
assimilate or be subjugated to the other. Therefore, Noahides may not marry
practicing idolaters. The commentaries explain that his decree stands until today.

This is only discussing when a committed Noahide knowingly marries an

idolater. Any other situation (i.e. one becomes a Noahide after having
already married) is not included in this decree. Any practical questions as
to how this applies must be presented to a competent posek. We will
discuss this in much greater detail in the live class.

Permitted, yet Not Practiced

There are a number of other unions that, although fundamentally permitted, the
Torah appears to condemn them as “abominations.”18 This is an extremely murky
area. For reasons that will be discussed in the live class, caution is appropriate in
all of the acts defined as “abominations” of Egypt and Canaan. Such acts include:

 One should not marry his mother’s full or maternal half-sister. However, a
paternal half-sister of his mother is completely permitted.19

15 Sanhedrin 58b; Shulchan Aruch YD 29:3.

16 Gen. 19:32.

17 Gen. 20:1

18 See Sifrei and Peirush HaMishnayos, Sanhedrin 7. These are derived from many of the above
mentioned verses pertaining to the Canaanites and Egyptians. Although these acts are
fundamentally permitted, and one does not incur punishment for doing them, the Torah itself may
dissuade them, calling them “abominations.” See Maimonides Hilchos Issurei Biah 14:10.

19 Nachmanides to Yevamos 98; Shulchan Aruch Yoreh Deah 269:3.

373
THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT
THE NOAHIDE LAWS | NOAHIDE LIFECYCLE I | MALE & FEMALE | LESSON 38

 Some hold that some paternal aunts are also called “abominations.”20 However,
this conclusion is doubtful.21 [Editor’s Note: I do not see sufficient reason for
stringency in this particular situation; it would be a chumra yeseira – an
unsubstantiated stringency. The reasoning of the Shach, who bring this rule, is far
more than just “doubtful.” See footnote 21]

 Marrying a both woman and her daughter (his stepdaughter). Although it is

fundamentally permitted,22 it is also called an abomination.23

 Uncle, brother, or son’s ex-wife.24

This is only a partial list and many other relationships may be included. There is
ample proof25 that the generations immediately after the flood took on additional,
voluntary prohibitions in sexual matters. Although it is unclear as what all of these
prohibitions are, they may have included these things labeled “abominations” in
Egypt and Canaan that are, technically, permitted to Noahides. If this is the case,
then all of these “abominations” would be called “prohibited by early decree.”

Male & Female Liability

All of the above categories of prohibited relations apply equally from both the
female and male sides. The Talmud learns this from the phrase “…they shall
become one flesh.” Therefore, a woman’s maternal half-brother is prohibited to
her just as a man’s maternal half-sister is prohibited to him. A woman is
prohibited to her son just as a man’s mother is prohibited to him.

20 Shach to Yoreh Deah 269:4.

21[Rabbi Bloomenstiel: This Shach contradicts the generally held view of the Rishonim. As we saw
in very early lessons, an Acharon (i.e. the Shach) cannot contradict a consensus of Rishonim. This
particular issue depends on a dispute between Rabbi Eliezer and Rabbi Akiva in Sanhedrin 58b.
Though the Shach follows Rabbi Eliezer, this is against the majority of the Rishonim (Maimonides,
Nachmanides, Smag, etc.) who conclude that the law is like Rabbi Akiva.]

22 Nachmanides, Rashba, Nemukei Yosef and other Rishonim to Yevamos 98.

23 Mitzvos HaShem p. 398. This is among the relations termed “abominations” by the Sifra to Lev. 18:3.

24 Ibid. and Shulchan Aruch Yoreh Deah 269.

25 Bereshis Rabbah 70:12 & 80:6.

374
THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT
THE NOAHIDE LAWS | NOAHIDE LIFECYCLE I | MALE & FEMALE | LESSON 38

Defining Marriage
The details of Noahide marriage will be dealt with at great length in a future
lesson. We must at least define marriage here because many of the prohibitions
we have discussed depend upon it. Marriage is a means by which a woman
becomes prohibited to all other men except for her husband. The man, by way of
marriage, accepts certain obligations of support and protection for his wife.26 By
pursuing the ideal of Marriage, both parties are fulfilling the divine expectation of
yishuv haaretz, settling and civilizing the world (which we will also discuss in a
future lesson). For Noahides marriage involves, minimally, two components:

1) A mutual agreement to accept the status of husband and wife and

the prohibitions and expectations that come with that status. Once
this agreement has been made, the man and woman are considered
betrothed. At this point, all the prohibited relations discussed above take
effect. However, one is not yet liable for punishment for transgressing
them.

2) Consensual intercourse. Once this has taken place, the man and women
are liable for both transgression and punishment for all of these
prohibitions.

Once a couple has fulfilled these two requirements, they are considered husband
and wife in Torah law.

A man and woman who live together for an extended period of time may acquire
the status of “betrothed,” even if they have never agreed to do so. In certain
situations, they may even be considered married.27 As such, both would acquire
the prohibitions and statuses implied therein. For this reason, it is not advisable
for a man and woman to live together prior to marriage.

Precautionary Laws
In Jewish law there are a number of restrictions on interactions between the
genders. For example, a man and woman who are prohibited to each other may
not hug, hold hands, kiss, or engage in any other expression of physical intimacy
(this does not apply to parents and their children or siblings – a parent may kiss or

26These obligations, however, are not explicit Torah obligations. According to many, they may fall
out under the family of dinim, establishing rule of law, because society determines the moral and
legal expectations of a man for his wife. For Jews however, these obligations are very strictly
defined by the Torah.

27 This issue impacts both Noahides and Jews. See Hilchos Kiddushin 1.

375
THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT
THE NOAHIDE LAWS | NOAHIDE LIFECYCLE I | MALE & FEMALE | LESSON 38

hug his child). Similarly, such a couple may not be isolated together in an
inaccessible or locked room.

Do these prohibitions apply to Noahides as well?

 Minchas Chinuch28 – Yes. These prohibitions on contact and situations are

not safeguards. Rather, they are intrinsically part of the biblical prohibitions. One
does not transgress the biblical prohibition only by sexual congress, but by any
pleasurable physical contact. This view is heavily disputed by other authorities
and may only apply to Jews.

 Bereshis Rabbah 70:12 & 80:6 – Yes. The generation after the flood accepted
extra precautions on issues of sexual morality. However, we cannot use the
Midrash as a proof because it is not clear if these precautions were general
precautions on physical contact and intimate situations. We only know for certain
that these measures included precautions on specific relations between specific
partners.

 Chavas Yair29 and Chida as cited in the Sdei Chemed30 - No. A proof can be
made by comparison of the laws pertaining to relations between Jews and non-
Jews and the laws of relations between Noahides and Noahides. However, it is
not clear that the situations mentioned are analogous. In the laws pertaining to
relations between Jews and non-Jews, all of the restrictions involved fall on the
Jew’s side, not on the Non-Jew’s. The fact that these prohibitions (from the Jew’s
side) are the dispositive ones is not proof that Noahides have no such
prohibitions (we will clarify this in the live class).

 Mitzvos HaShem31 – Yes. Noahides are forbidden to have contact or create

situations that could lead to transgression. However, this purely is a logically
compelled practice, and not an actual Torah obligation.

The Mitzvos HaShem’s point is the most compelling. It makes sense because there
is a general principle that we can never trust ourselves when it comes to the sexual
desire.32

28 Mitzvah 188.

29 108.

30 III: 38.

31 P. 479.

32 This is repeated many times in the Talmud and other Torah literature.

376
THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT
THE NOAHIDE LAWS | NOAHIDE LIFECYCLE I | MALE & FEMALE | LESSON 38

Since these precautions have a practical motivation, a Noahide may practice them
even according to the Jewish laws. Many recent writers and teachers on Noahism
have advocated that Noahides do so.

With tremendous deference and respect to these writers, it appears that their
endorsement of this practice for Noahides may not be fully thought-out (this will
be discussed more in the live class). For many reasons, Noahides must determine
their own boundaries in these matters within a very broad set of guidelines.

For example, Noahides should use only Jewish law to determine what is permitted
to them in these areas, and not what is forbidden in these areas. For example:

 A doctor seeing a female patient in an examination room – since this is

permitted for Jews it is certainly permitted for Noahides.

 Socially acceptable forms of greeting (handshakes), since fundamentally

permitted to Jews, are always permitted for Noahides.

As far as prohibitions are concerned, their determination is based on sensibility.

Rabbi Bloomenstiel has suggested that any situation in which a wife would just
have to “trust her husband,” or a husband would have to “trust his wife” would
be a situation that calls for precautions. The nature of these precautions is up to
Noahides to determine. Such situations would include:

 A man taking a business trip with a married female co-worker.

 A girl living in a college dorm. Technically, premarital intimacy is

permitted for Noahides. However, there are reasons to be strict that will
be discussed in the live lesson.

 A woman allowing another man into her home for a social visit if her
husband is out of town. This is in a case when they would be alone.

 A man sleeping in or sharing a room with a man who is suspected of

homosexual desires or activity.

Socially acceptable forms of greeting (handshakes, etc.) are always permitted for
Noahides.

Contact that implies intimacy should not be had between those who are
prohibited to each other. The exceptions are normal expressions of love between
immediate family members. This will be discussed in the live lesson.

377
THE YESHIVA PIRCHEI SHOSHANIM SHULCHAN ARUCH PROJECT
THE NOAHIDE LAWS | NOAHIDE LIFECYCLE I | MALE & FEMALE | LESSON 38

Summary of the Lesson

1. Even though the Torah includes many apparent examples of sexual
immorality pre-Sinai, these examples are not always clear prohibitions.

2. The fundamental prohibitions are learned from Gen 2:24 and from
Abraham’s words to Avimelech.

3. Many relations were prohibited by Noahides in ancient times. Only a few

are known for certain to be in effect today. However, this may have
included those things permitted for Noahides, yet called “abominations.”

4. There are a number of relations that are fundamentally permitted, yet

should not be practiced.

5. Liability for transgressing these prohibitions falls upon both the male and
female transgression of these laws.

6. Marriage is the result of 1) agreeing to become man and wife, and 2)

consensual sexual relations.

7. Logical precautions should be observed to avoid coming to transgress

these laws.

378