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Thursday, March 3, 2011

Is a Convert Really a New Person?

A well known rule is the rule of the convert: "גר שנתגייר כקטן שנולד דמי - a convert is like a newborn child." (יבמות סב, ב. ובכ"מ) A practical halachic application of this is the din that according to the Torah, a convert may marry his former siblings, as they no longer have any genealogical ties. Only the Rabbis prohibited it. (שו"ע יו"ד סי' רס"ט ס"א)
The Chasam Sofer (חידושים על הש"ס ע"ז סה, א ד"ה אקילו ביה רבנן) writes that "I toiled very hard, yet have not found the source from where the Rabbis deduced this and Biblically permitted a convert to marry his siblings..."
Well, here's an idea: When the Jews told Moshe that they cannot handle hearing the word of G-d directly from Him and requested Moshe to be their intermediary, Hashem aceded to their requested stating "Go and tell them 'return to your tents.'" (דברים ה, כז) Now, a "tent" is a home, or in Talmudic terms, the wife. Hashem was telling them to return to their wives from whom they had separated for the duration of the Giving of the Torah.
These wives were not necessarily permitted by Biblical law. Why, Amram - Moshes's father - was married to his aunt! Yet, Hashem instructed the Jews to resume matrimonial ties with these women. From here we see that a convert - as the Jews were after receiving the Torah - is like a new man and permitted to marry his kin.
משך חכמה דברים ה, כז
ועי' בלבוש יו"ד ריש סי' רס"ט "אמרו חז"ל הדעת נותן" שמדבריו משמע שהיא מסברא, וצ"ע
See here

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