Midras Maleakhi 2:16: Ein Yaakov (Glick Edition) & Bereshit Rabbah

(Fol. 90) We are taught in a Baraitha that R. Maier was accustomed to say: "Just as the customs of man differ at meals, so also they differ in respect to their wives. There are men whose custom it is that if a fly falls in their cup they would pour out the entire contents and drink it no more. This is the custom of Papa Juda who is accustomed to lock the door before his wife and go out into the street. There are others, however, who if a fly falls into the cup, cast the fly out and drink the rest of the cup. This is the custom of every man who allows his wife to converse with her brothers and friends. There are still other people who, when a fly falls in their meals, soak and eat up the fly together with the meal. This is the habit of an immoral person who sees his wife walk out in the midst of the street with her hair spread while performing her work, (Ib. b) and does not keep away from performing unbecoming things. Concerning such a wife it is meritorious to divorce her, as it is said (Deut. 24, 1) Because he has found some scandalous thing in her, etc., … . and send her away out of his house; she goes and becomes another man's wife. The passage, states another: This is to tell us that she was not the companion of the first one. This one drove out the wicked woman from his house and that one took in such a wicked woman into his house; if the second one has merits he will also send her away by divorce, as it is said (Ib.) And the latter's husband hates her, etc., but if not (if he has no merits) then she will bury him, as it is said (Ib) Or is the latter's husband, who took her as his wife, should die; i.e., the latter's husband deserves death, because this one sent out the wicked woman from his house and that one took such a woman into his house." (Mal. 2, 16) For he hateth to send away [the wife]. R. Juda says: "If one hateth his wife she should send her away" [divorce her], R. Jochanan says: "He is hated who divorces his wife. Both, however, do not differ: The latter refers to the first marriage and the former refers to the second marriage. R. Elazar said: "Whoever divorces his first wife, even the altar sheds tears upon it, as it is said (Ib. ib. 13) And this further ye do; ye cover the altar of the Lord with tears, with weeping, and with sighing, in so much that He regardeth not the offerings any more, neither receiveth it with good will at your hand. Yet he says: 'Wherefore? Because the Lord hath been witness between thee and thy wife of thy youth, against whom thou hast dealt treacherously; though she is thy companion and wife of thy covenant."

“Therefore, a man shall leave his father and his mother, and he shall cleave to his wife, and they shall become one flesh” (Genesis 2:24).
“Therefore, a man shall leave” – it is taught: A proselyte who converted while married to his sister, whether [the relationship is] paternal or maternal, he must divorce her; this is the statement of Rabbi Meir. The Sages say: If she is his maternal [sister] – he must divorce her, but if she is his paternal [sister], he may keep her, as there is no paternity for idolaters.³⁰According to the Sages, the halakha does not recognize a connection between a person and his father if they are “Noahides,” that is, non-Jews. They raised an objection to him [Rabbi Meir]: But is it not written [regarding Abraham and Sarah]: “And also, indeed, she is my sister, the daughter of my father, [but not the daughter of my mother, and she became my wife]”? (Genesis 20:12).³¹The implication is that it is permissible for a Noahide to marry his sister from his father’s side, but not a sister from his mother’s side, in accordance with the view of the Sages. He said to them: He [Abraham] answered them³²The Philistines, to whom he was speaking. according to their own opinion.³³In Philistine culture this distinction was made, but not according to halakha. Rabbi Meir raised an objection to them: “Therefore, a man shall leave his father and his mother.”³⁴This is understood to mean that a man may not marry his relatives, and it mentions both mother and father. Rabbi Yoḥanan said: They explained it to him: “Therefore, a man shall leave his father and his mother” – one who is related to his father or related to his mother.³⁵One may not marry his aunt, whether it is his father’s sister or his mother’s sister. But the definition of sister is still only a maternal sister.
Rabbi Abahu raised an objection [to Rabbi Meir]: But is it not written: “Amram took Yokheved his aunt [as his wife]” (Exodus 6:20)?³⁶Yokheved was the sister of Kehat, Amram’s father. Yokheved and Kehat had a common father, Levi, but they may have had different mothers. Rabbi Shimon son of Rabbi Abahu said: If it is so [as Rabbi Meir says], before the giving of the Torah Israel did not observe the law even according to the standards of Noahides? This is astonishing. Rabbi Levi said: They explained it to him: “Therefore, a man shall leave [his father and his mother]…” – one who is related to his father or related to his mother.³⁷This explanation was mentioned earlier, and is an exposition of the Sages’ view that the verse is referring to one’s aunts, but in any event only maternal sisterhood is recognized, not paternal sisterhood. The Midrash does not answer the question posed to Rabbi Meir concerning Amram; see commentaries.
Rabbi Abahu said in the name of Rabbi Yoḥanan: Noahides incur liability [for committing adultery] for [consorting with] married women but are exempt for [consorting with] betrothed women.³⁸If a woman is betrothed to a man, and another man has relations with her, it is not considered adultery for Noahides. Betrothal is not considered a marital relationship for Noahides.
Rabbi Yona said in the name of Rabbi Shmuel: A promiscuous woman³⁹An unmarried woman who consorts with many different men. who is standing in the marketplace, and two men had relations with her, the first man is exempt,⁴⁰He did not commit adultery. and the second incurs liability, because she is now “a woman who has had relations with a man” (Genesis 20:3).⁴¹This is the literal translation of be’ulat ba’al (Genesis 20:3), which is usually rendered “a man’s wife.” In any event, it is the definition of a woman who may not consort with another man, as that would constitute adultery. But did the first one intend to acquire her through intercourse?⁴²How can a woman be considered married as a result of a non-committal act of intercourse? This shows that regarding Noahides, intercourse with a woman [even with no intent of marriage] effects acquisition [of her as a wife], which is not in accordance with the law [regarding Jews].⁴³The law regarding Jews is that marriage cannot be effected without intent.
What is the law regarding divorce for them [Noahides]? Rabbi Yehuda ben Rabbi Simon and Rabbi Ḥanin said in the name of Rabbi Yoḥanan: Either they have no divorce, or each one must divorce the other.⁴⁴This is derived from “He shall cleave to his wife.” Neither partner may dissolve the union unilaterally. Rabbi Yoḥanan [later] said: His wife may divorce him, and she pays him double the marriage contract.⁴⁵According to all opinions, the divorce proceedings of Noahides are unlike those between Jews.
Rabbi Ḥiyya taught: An idolater who divorced his wife and she went and married another, and both of them⁴⁶The first husband and the woman. went and converted to Judaism, [and the first husband wants to remarry her,] I do not apply regarding him the verse: “Her first husband, who divorced her, [may not take her again to be a wife for him]” (Deuteronomy 24:4).⁴⁷The prohibition against remarrying one’s wife after she has been married to another man in between applies only when the first marriage was dissolved by a divorce recognized by halakha, but marriages among Noahides are not dissolved by a halakhic divorce procedure, as was just explained.
Rabbi Aḥa said in the name of Rabbi Ḥanina bar Pappa: In the entire book of Malachi “The Lord of hosts” is written, but here [in the following verse], “God of Israel” is written, as it is stated: “For I hate divorce, said the Lord, the God of Israel” (Malachi 2:16). It is, as it were, that He associates His name [regarding divorce] only to Israel.
Rabbi Ḥagai said: When Israel returned from the [Babylonian] exile, the women’s faces had become darkened in the sun,⁴⁸On the long trek to the Land of Yisrael. and they [their husbands] would abandon them and go and marry Amonite women. They⁴⁹The Israelite women. would circle the altar and weep [about this cruel treatment]. This is what Malachi says: “This is the second sin that you do” (Malachi 2:13) – the second, after Shitim.⁵⁰There the Israelites sinned with the daughters of Moav (Numbers 25:1). “Covering the altar of the Lord with tears, weeping and moaning, [causing Him to no longer accept your offerings or receive them with favor from your hands … because the Lord is witness between you and the wife of your youth, whom you have betrayed]” (Malachi 2:13–14) – the Holy One blessed be He said: ‘Who could accept [offerings] from them, due to the weeping and moaning [that they caused to their wives]? After you robbed, stole, and took her beauty from her, you send her away? That is shocking.’
From where is it derived that it is prohibited for them [Noahides] to engage in illicit sexual relations? It is as it is stated: “And he shall cleave to his wife” – but not to the wife of another, not to a male, and not to an animal. Rabbi Shmuel, Rabbi Abahu, and Rabbi Elazar said in the name of Rabbi Ḥanina: A Noahide who has unnatural intercourse with his wife incurs liability for the death penalty. Rabbi Asi said: Any prohibition that is written regarding Noahides is neither a [mere] positive mitzva nor a [mere] negative prohibition, but one that incurs the death penalty. How does one arrive at this?⁵¹What Rabbi Shmuel et al. said. “And he shall cleave to his wife, and they shall become one flesh” – in the place that they can produce one flesh [a child].