[Avodah] Yebamoth and Megilath Ruth

[Zev Sero]

Galsaba at aol.com wrote:
> I  will give names, so it will be easier for me to phrase my question: 
> Let's say a man his name is Yoash, and his mother is Naomi, and his wife 
> is Ruth. Now, let's say that Yoash dies, and after he dies Naomi gives a 
> bitrh to a son.  To my understanding of the Masechet, the new born son 
> cannot be a Yabam, at least for two reasons:
> 1. He was not in this world when Yoash was alive
> 2. He is Yoash's brother from the mohter only.
> If this is the case, why in Megilat Ruth Naomi tells Ruth and Orpa not 
> to wait for her to have children? of course they cannot wait, they 
> SHOULD NOT, because according to the masechet, they will not be able to 
> marry him.

Ruth and Orpah were not Jewish when they were married to Machlon and
Kilyon.  We learn hilchot gerut from the exchange between Ruth and
Naomi on their way to EY, after Machlon and Kilyon died.  Therefore
they were never legally married to Machlon and Kilyon, and had Naomi
remarried and had a son, he would have been allowed to marry the now-
Jewish Ruth.

-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas