By Rabbi Yair Hoffman for the Five Towns Jewish Times

The answer to everything lies in Torah.

And so, the Republicans who are criticizing former Vice president Joe Biden seem to be in agreement with a Rashi in Sanhedrin 58a. The Democrats who support Biden – they seem to be in agreement with the Ran and the Ramban’s interpretation. Who would ever have imagined that an obscure debate in the Rishonim on how to interpret a passage of the Babylonian Talmudic tractate of Sanhedrin would have had such nationwide implications?

But let’s start at the beginning.

Hallie Biden is the widow of Beau Biden, who was the son of the former vice president, Joe Biden. Beau Biden was also Delaware’s attorney general before he passed away. Hallie Biden is now in a relationship with Beau’s brother, Hunter. All this is according to the New York Post’s Page Six.

Joe Biden and his wife Jill are supportive of the relationship. Hunter, Beau’s brother, said to the Post, “Hallie and I are incredibly lucky to have found the love and support we have for each other in such a difficult time, and that’s been obvious to the people who love us most.” He further said, “We’ve been so lucky to have family and friends who have supported us every step of the way.”

According to the Post, Hallie and Hunter began their relationship after the death of Hallie’s husband of brain cancer in May 2015. The tragedy contributed to the decision of Joe Biden not to run for president.

Hunter is a 47-year-old lawyer. He is still married, but separated from his wife Kathleen. Hallie has two children.

The former vice-president and his wife remarked, “We are all lucky that Hunter and Hallie found each other as they were putting their lives together again after such sadness. They have mine and Jill’s full and complete support and we are happy for them.”

THE HALACHA

What is the halacha regarding such a relationship? Is Joe Biden’s reaction acceptable according to Jewish law?

IF THEY WERE JEWISH

If everyone was Jewish, since Hallie and Beau had children, there would be a serious prohibition involved. If Hallie and Beau had no children, there would be a Mitzvah of Yibum (although not practiced nowadays) known as the Levarite Marriage involved. If they had children it would be a violation of the biblical prohibition of Aishes Achiv. Hallie and Hunter’s relationship would be considered one of Arayos – the forbidden relations. Any children from such a union would be considered Mamzerim.

DO GENTILES HAVE ARAYOS THROUGH MARRIAGE?

But they are not Jewish and the question is whether or not gentiles have Arayos that are created through marriage. This issue is a debate between two versions of Rabbi Meir, one according to his Rebbe, Rabbi Akiva and the other according to his Rebbe, Rabbi Eliezer in Sanhedrin 58a as to what was Rabbi Eleizer’s view on the matter.

THE VIEW OF RABBI MEIR ACCORDING TO RABBI ELIEZER

This view held that gentiles are not commanded in the concept of forbidden arayos that have to do with marriage. Thus aside from the prohibition of adultery – according to Rabbi Meir’s understanding of Rabbi Eliezer, for a gentile there is no further prohibition of a father’s spouse or a brother’s wife. Only blood-based arayos are forbidden according to Rabbi Meir’s view.

THE VIEW OF RABBI AKIVA

Not so is the view of Rabbi Akiva acccording to Rabbi Meir. He holds that a father’s spouse is forbidden to a gentile even after his father’s death. Rabbi Akiva’s halachic view, however, remains somewhat unclear. Does he hold that all of the relationships that develop through a marriage are considered arayos? Or does he just hold that it is true regarding a father’s spouse but no one else?

DEBATE IN THE RISHONIM

The exact interpretation of Rabbi Akiva’s view is a debate among the Rishonim. Rashi (1040-1105) is of the view that Rabbi Akiva considers all relationships that came about through a contracted marriage as part of the Arayos. Thus, according to Rashi’s understanding of Rabbi Akiva – the relationship is illicit. But wait. The former VP can still rely on the Ran (1320-1376) on his comments in Sanhedrin and the Ramban (1194-1270) in his comments on Yevamos 98a. According to the Ramban, the fact that the father’s wife is considered one of the Arayos is a special decree of the Torah, and cannot be extrapolated to the other Arayos.

OTHER HISTORICAL SIGNIFICANCE

This same debate between Rashi and the Ran and Ramban was the cause of the creation of the Anglican Church as well as the Episcopalian Church which broke away from the Anglican Church. If we recall our ninth grade European history, Henry VIII broke away from the Catholic Church and opened his own Church of England. But why? It was because he could not divorce his wife Catherine of Aragon. Pope Clement VII refused to annul his marriage or rather to rescind the special dispensation he had received from an earlier pope to allow his marriage to Catherine of Aragon.
Catherine had been previously married to Henry VIII’s older brother Arthur. According to Henry VIII, she was forbidden to him. He held like Rashi, apparently. Pope Clement VII held that the marriage was valid and thus he would not annul it.

Henry the VIII then decided to form his own church – the Church of England. Eventually, Americans, who were members of the Anglican church had to form their own breakaway church – which they called the Episcopalian Church.

HOW COULD YAAKOV AVINU MARRY TWO SISTERS?

The Gemorah (Yuma 28b) tells us that the Avos fulfilled the Torah before it was given. This presents a question as to how Yaakov Avinu could have married two sisters, Rachel and Leah. Rav Yitzchok Zev Soloveitchik (in his Stencils on Torah SIman 5) uses this very same Ramban to answer this question. He writes that prior to Har Sinai, the nature of marriage was such that non-blood Arayos were not considered Arayos. L’havdil, Joe Biden’s view is in accordance with the Brisker Rav.

THE BLESSINGS OF SHEVA BRACHOS

The Rosh in Kesuvos (Piskei HaRosh 1:12) asks a question: How can we say Vetzivanu al haArayos in the Sheva Brachos – gentiles also have arayos! Rav Velvel uses our Ramban to answer that it refers to the extra arayos that come about through marriage.

One can ask, however, this all makes sense according to the Ramban and the Ran. But what about Rashi? Rashi holds that a Ben Noach is also commanded in the marriage arayos. That being the case, how can we recite the blessing which seems to make it specifically a Jewish command?

A former student of mine, Hudi Shoe, provided the following answer. Staying away from arayos is a force of Kedusha for Jews. It enables the Jewish people to reach a higher level of sanctity and closeness to G-d. That is why we read the parsha of Arayos from the Torah on Yom Kippur. The blessing is that the arayos sanctify us and that is unique to the Jewish nation – the ability to sanctify ourselves through staying away from the forbidden relations. This is. Lehavdil, also how the Republican detractors of Biden’s reaction would also hold.

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