Responsa for Yevamot 48:5
בזמן הזה ס"ד אלא אימא כבזמן הזה
are no proper proselytes. These are the words of R. Nehemiah, for R. Nehemiah used to Say: Neither lion-proselytes,<span class="x" onmousemove="('comment',' [H] 'proselytes of lions', those who, like the Samaritans (II Kings XVII, 25), were converted to Judaism by the fear of divine visitation. ');"><sup>16</sup></span> nor dream-proselytes<span class="x" onmousemove="('comment',' [H] 'proselytes of dreams', those who embraced Judaism in response to a dream or the advice of a dreamer. ');"><sup>17</sup></span> nor the proselytes of Mordecai and Esther<span class="x" onmousemove="('comment',' V. Esth. VIII, 17. Those who from similar motives of expediency adopt the Jewish faith. ');"><sup>18</sup></span> are proper proselytes unless they become converted at the present time. How can it be said, 'at the present time'? — Say 'as at the present time'!<span class="x" onmousemove="('comment',' In the dire days after the Hadrianic Wars, when the proselyte 15 not actuated either by motives of fear or of gain. Now, how is this Baraitha to be reconciled with Our Mishnah? ');"><sup>19</sup></span>
Teshuvot Maharam
Rabbi Hezekiah b. Jacob, to whom the question was first submitted, ruled that L be forbidden to A.
A. One judge is not at liberty to permit what another has prohibited. Were I present at the time when Rabbi Hezekiah received the query, I would have argued the case with him. A woman is not forbidden to her husband unless either: a) the husband is jealous of a certain man, and warns her against private meetings with this man, and the wife disregards this warning in the presence of witnesses; or b) they actually be found in a position indicative of fornication. But, heavy breathing itself is no indication that illicit sexual intercourse took place. Therefore, I shall wait till Rabbi Hezekiah recuperates from his illness, whereupon I shall discuss this matter with him.
SOURCES: Pr. 98; Am II, 63; Rashba I 832–3; Tesh. Maim. to Ishut, 8; Hag. Mord. Kidd. 549. Cf. Asher, Responsa 32, 11; Weil, Responsa 8; ibid. 88; Israel Bruno, Responsa 5; ibid. 7; Isserlein, Pesakim 222.