The Gemara concludes, though, that Rava later admitted that he was incorrect in stating that a Jew can marry them if they convert. It is clear that a level of sanctity (whether of a kohen or an Israelite) is lost with such a marriage, and therefore it is prohibited.
The Rambam (Hilchot Isurei Biah 12:22-23), based on the conclusion of the Gemara (Yevamot 79a-b), rules that “a convert from among the seven nations is not biblically forbidden to marry a Jew. It is well known that the only ones among them who converted were the Gibeonites, and Joshua decreed that the Gibeonites, both male and female, were forbidden from marrying a Jew.” Joshua issued this decree because of their deception, as they presented themselves as “foreigners” when they were in fact from the seven nations.
The Rambam continues, “However, he only decreed so for the time that the Temple existed, as the verse states (Joshua 9:23), ‘Ve’ata arurim atem velo yikaret mikem eved vechotvei etzim vesho’avei mayim leveit elokai – Now you are cursed, and there shall never cease from among you woodchoppers and waterdrawers for the House of my G-d.’ Thus [Joshua] set the conditions of their being distanced [from the Jewish people] during the [existence of the] Temple.”
These people are called “netinim” because they were “given” over to the labor of the Temple. However, David later decreed that they should never marry into the Jewish people, even when the Temple does not exist. We read in Ezra (8:20), “Umin hanetinim shenatan david vehasarim le’avodat halevi’im – And of the netinim, whom David and the officers gave over to the service of the Levites….” Thus we see that he did not make their exclusion from marrying a Jew dependent on the existence of the Temple.
The Maggid Mishneh (Rambam loc. cit.) explains that the Rambam follows the Gemara’s conclusion, which he sees as disputing Rava’s opinion. Thus, upon conversion there is no biblical prohibition, although there are the decrees of Joshua and David. The Maggid Mishneh notes, however, the view of the Ramban and Rashba, who concur with Rava’s ruling that a Jew is biblically forbidden from marrying them even if they convert.
R. Yechezkel Landau (Noda BiYehuda, Even HaEzer, Mahadura Kamma, Responsum 6) concurs with the Rambam and notes that the Torah gives a reason for the prohibition (Deuteronomy 7:4), “Ki yasit et bincha me’acharai, ve’avdu elohim acherim – For she will cause your child to turn away from Me, and they will serve other gods.” Thus the prohibition appears to apply to a society of idolaters who, when they convert, are no longer biblically prohibited from marrying a Jew; at that point the decrees of David and Joshua become the only prohibitions.
We are thus faced with two problems: How could Joshua marry a harlot, and how could he marry someone from the seven nations whom he was forbidden to marry according to his own decree?
(To be continued)