Halakhah do Rodzaju 46:8

In point of fact, Rabbi Sternbuch's assertion that our ancestors did not have the status of "newly born children" at Mount Sinai is a matter of some dispute. Rabbi Sternbuch's position echoes that of Maharal of Prague, Gur Aryeh, Parashat Va-Yigash (Genesis 46:8), cited by the author of Shev Shem'atata in section 9 of his introduction to that work. Maharal of Prague is of the opinion that, unlike subsequent proselytes, the recipients of the Torah at Mount Sinai did not acquire status as "newly born children" and, accordingly, they were forbidden to marry close relatives. However, Maharal offers a rationale entirely different from that advanced by Rabbi Sternbuch in explaining why those who became Jews at Mount Sinai were not deemed to be "newly born children." Acceptance of the commandments at Sinai is described by the Gemara, Shabbat 88a, as having been coerced. Status as "newly born children," asserts Maharal, is acquired only when acceptance of commandments is voluntary. Nevertheless, R. Meir Simchah of Dvinsk, Meshekh Hokhmah, Parashat Va-Etḥanan (Deuteronomy 5:27), espouses an opposing view in declaring that previously existing consanguineous relationships were not terminated at Sinai as evidenced by the fact that all participants were directed, "Return to your tents" (Deuteronomy 5:27), i.e., they were granted permission to resume conjugal relations prohibited in the preparatory period before receiving the Torah at Mount Sinai. Indeed, Meshekh Hokhmah points to that directive as the biblical source of the talmudic dictum "A proselyte who converts is comparable to a newly born child."³⁵See R. Zalman Nehemiah Goldberg, Teḥumin, V, 255, note 5.

And this prohibition is practiced in every place and at all times by males and females. And one who transgresses it and makes himself a clairvoyant in one of the ways from all the matters we have mentioned or in another matter, and tells people things that he sees through his clairvoyance, is liable for lashes - and that is when he does some act in the thing, as we do not administer lashes without an act. But one who asks [something] from a clairvoyant is not under the liability of lashes. Nonetheless, very disgusting is anyone who fixes his thoughts or expends his time on these vanities. As it is not appropriate for one whom God has graced with knowledge and given the true religion as an inheritance to think about these vanities. Rather, he should fix his thoughts on the service of the Creator, may He be elevated, and not fear the words of the clairvoyant; since God, in His kindnesses will change the system of the stars, and nullify the power of the constellations, [so] as to do good to His pious ones. And it is known that we are the holy people, such that we are not under [the power of] a star or constellation - 'the Lord is our inheritance, as He spoke to us.' And [it is] like the matter that we found with the forefathers, that God placed their stature above the ministers above: Like that which is written about Yaakov, "but rather Yisrael will be your name" (Genesis 35:10), "for you have dominated (sarita) with powers, etc." (Genesis 32:29); meaning that God made him a minister (sar) over the [celestial] ministers. And so [too,] is Yitschak called Yisrael, as it is stated (Genesis 46:8), "these are the Children of Israel that were coming to Egypt, Yaakov and his children." And so [too,] Avraham is called Yisrael, as we wrote in the Introduction of the book. And this is [the meaning of] what is written about the matter of the disagreement of the prophet, Eliyahu, with the prophets of Baal, as it stated (I Kings 18:31), "like the number of tribes of the children of Yaakov," whose name was called Yisrael: As he was rebuking them [about] why they were leaving the service of the Master, the Lord of Hosts, who has in His hand to nullify all the actions of the powers and the constellations; and like the matter that He did with the forefathers, such that He put the constellations under their hand. And that is [the meaning] of its stating in that place (I Kings 18:31), "like the number of tribes of the children of Yaakov, to whom was the word of the Lord, saying, 'Yisrael will be your name,'" - meaning to say, that He made him a minister over the [celestial] ministers, to change their system and their power with his merit. [This is] meaning to say, Israel, who are the children of Yaakov, are also ministers over the celestial ministers; and hence it would be fitting for them to not worship anything besides God alone. And so did we find with Yehoshua, who decreed to the sun and the moon to stand - as it is written in Joshua 10:12, "Sun, be still in Giveon, moon in the Ayalon Valley" - and they stood. And so [too,] several pious ones of Israel who changed the system of the constellations [and their power] with their merit. The matter would [take too] long, to bring [the] several stories that happened in Israel about this matter.