Revision as of 12:14, 15 February 2010 editNewman Luke (talk | contribs)3,500 edits →References: +see also← Previous edit | Latest revision as of 03:42, 25 October 2024 edit undoMonkbot (talk | contribs)Bots3,695,952 editsm Task 20: replace {lang-??} templates with {langx|??} ‹See Tfd› (Replaced 1);Tag: AWB | ||
(309 intermediate revisions by more than 100 users not shown) | |||
Line 1: | Line 1: | ||
{{Short description|none}} | |||
'''Forbidden relationships in Judaism''' are those intimate relationships which are forbidden per the various prohibitions in the ], as interpreted by the ] of ], or by ], together with a number of other subsequent injunctions. | |||
{{Use dmy dates|date=July 2020}} | |||
'''Forbidden relationships in Judaism''' ({{lang|he|איסורי ביאה}} ''{{lang|he-Latn|Isurey bi'ah}}'') are intimate relationships which are forbidden by prohibitions in the ] or ] injunctions. | |||
Some of these prohibitions—those listed in ], known as ''{{transl|he|arayot}}'' ({{langx|he|עריות}})—are considered such a serious transgression of Jewish law that one must give up one's life, rather than transgress one of them.<ref name = "mitzvot324">{{Harvnb|Eisenberg|2005|p=324.}}</ref> (This does not necessarily apply to a rape victim.<ref>Rama and other commentaries on Shulchan Aruch II:157:1</ref>) This is as opposed to most other ], in which one is ]. | |||
==In the Bible== | |||
{{main|Forbidden relationships in the Bible}} | |||
Some of these prohibitions (such as those related to ]), while still observed by ], are currently observed to a lesser extent or not at all by some of the non-Orthodox movements. | |||
The ] criticises<ref>{{bibleverse||Genesis|24:2-4|}}</ref><ref>{{bibleverse||Genesis||26:34-35|}}</ref> and forbids<ref>{{bibleverse||Deuteronomy|7:3|}}</ref> intermarriage with a ]. It was also possible to be too closely related, and the ] lists ];. these prohibit most ] relations involving just one degree of ] or of ]<ref>{{bibleverse||Leviticus|18:7-11|}}</ref> | |||
== Adultery == | |||
] were subject to additional restrictions; the ] of ] forbids them from marriage to a divorcee, or to a prostitute (Hebrew: ''zonah''<ref>], , incorporating ] (1890) and ]'s Lexicon (1857)</ref>)<ref>{{bibleverse||Leviticus|21:7|}}</ref>. The ] mentions the term ''dishonoured''<ref>for the translation of the latter word as ''dishonoured'', {{EncyclopaediaBiblica|article=profane|section=Praetorium-Prophet (False)}}</ref> (Hebrew:''halala''; literally ''profaned'') as part of this prohibition, but it is uncertain whether this is merely part of the reference to prostitutes<ref>translations including the ] take this view</ref>, as suggested by the ]'s rendering<ref></ref>, or whether it refers to a distinct class of person<ref>translations including the ] take this view</ref>. As for the ], the Holiness Code demands that he must only marry a ] ''of his own people''<ref>{{bibleverse||Leviticus|21:13|}}</ref><ref>{{bibleverse||Leviticus|21:14|}}</ref>, spelling out that this forbids marriage to a widow, in addition to those people which an ordinary priest may not marry<ref>{{bibleverse||Leviticus|21:14|}}</ref>. | |||
{{Main|Thou shalt not commit adultery#In Judaism}} | |||
] is prohibited by the seventh of the ] ({{bibleverse||Exodus|20:12|HE}}) which says simply: | |||
:Thou shalt not commit adultery. | |||
It is forbidden for a man to have sexual relations with a married woman not his wife. ({{bibleverse||Leviticus|18:20|HE}}, {{bibleverse-nb||Leviticus|20:10|HE}}) | |||
] women were subject to the ], by the biblical laws against adultery, as were their male accomplices<ref>{{bibleverse||Leviticus|20:10|}}</ref><ref>{{bibleverse||Deuteronomy|22:22-25|}}</ref>. According to the ] of the ], if a pregnant<ref>'']'' ad loc</ref> woman was suspected of adultery, she was to be subjected to the ]<ref>{{bibleverse||Numbers|5:11-31|}}</ref>, a form of ]. | |||
According to ] in '']'' (2007), "ADULTERY (Heb. נִאוּף, ni'uf; sometimes, loosely, זְנוּת, zenut; זְנוּנִים, zenunim; lit. "fornication, whoredom"). Voluntary sexual intercourse between a married woman, or one engaged by payment of the brideprice, and a man other than her husband."<ref name="v253">{{cite web | last=Tigay | first=Jefrrey Howard | title=Adultery | website=Encyclopedia.com | date=23 May 2018 | url=https://www.encyclopedia.com/philosophy-and-religion/bible/bible-general/adultery | access-date=29 July 2024}}</ref><ref name="Skolnik 2007 p. 424">{{cite book | editor-last=Skolnik | editor-first=Fred | editor-last2=Berenbaum | editor-first2=Michael | last=Tigay | first=Jeffrery Howard | chapter=Adultery | chapter-url=https://www.jewishvirtuallibrary.org/adultery-2 | title=Encyclopaedia Judaica | publisher=Macmillan Reference USA in association with the Keter Pub. House | publication-place=Detroit | year=2007 | isbn=978-0-02-865929-9 | oclc=70174939 | pages=424 | volume=1 | edition=2nd}}</ref> Tigay stated the same idea in the ''Jewish Study Bible'' (2014).<ref name="i656">{{cite book | last1=Tigay | first1=Jeffrey H. | editor-last1=Berlin | editor-first1=Adele | editor-last2=Brettler | editor-first2=Marc Zvi | title=The Jewish Study Bible: Second Edition | publisher=Oxford University Press | year=2014 | isbn=978-0-19-939387-9 | url=https://books.google.com/books?id=yErYBAAAQBAJ&pg=PT287 | access-date=29 July 2024 | page=142 | edition=2nd | quote=In the Bible, adultery means voluntary sexual relations between a married or engaged woman and a man other than her husband or fiancé. It did not refer to the extramarital relations of a married man (in polygynous societies a wife might share her husband with other wives and did not have an exclusive right to him).}}</ref> | |||
] and sexual intercourse with a ] woman are forbade by the Torah<ref>{{bibleverse||Exodus|22:19|}}</ref><ref>{{Bibleverse||Leviticus|18:19|}}</ref><ref>{{bibleverse||Leviticus|18:23|}}</ref><ref>{{bibleverse||Leviticus|20:15-16|}}</ref><ref name="Lev2018">{{Bibleverse||Leviticus|20:18|}}</ref>; as with the ]<ref name="PeakesEx2219">'']'', ad. loc.</ref>, ] for bestiality. The Holiness Code also bans an act which the ] refers to by the phrase ''the bedding of a woman''<ref>{{bibleverse||Leviticus|18:22|}}</ref>; rabbis argue that this prohibition, against ], arises because it is a defiance of gender anatomy, and results in a vain emission of ]<ref>{{Harvnb|Eisenberg|2005|p=325}}</ref>. | |||
] says that in the ], there is no prohibition of premarital or extramarital ] for men, except for ], ''i.e.'' having sex with the wife of another man.<ref name=coogan> {{Webarchive|url=https://web.archive.org/web/20110919213022/http://www.summitstonehill.com/opinion/5-questions-with-professor-michael-d-coogan-1.1716380 |date=2011-09-19 }} The Summit, {{#dateformat:19 October 19 2010}}. New URL: http://admin2.collegepublisher.com/se/the-summit/opinion/5-questions-with-professor-michael-d-coogan-1.1716380 {{Webarchive|url=https://web.archive.org/web/20110919213022/http://www.summitstonehill.com/opinion/5-questions-with-professor-michael-d-coogan-1.1716380 |date=2011-09-19 }} . Quote: "In ancient Israel, premarital sex by a woman was discouraged because in the patriarchal society of that time, a daughter was her father's property. If she was not a virgin her value--the bride price her father would get from a prospective husband--was diminished. Also, any child born to an unmarried woman would be fatherless--the Biblical term is "orphan"-- and so without either a male protector or any possibility of an inheritance, which was passed from father to son. There is no explicit prohibition in the Old Testament of premarital or extramarital sex by men except for adultery, which meant having sex with another man's wife."</ref> A man's sexual history was never an issue (thus no such thing as a ] requirement for men);<ref name="Coogan 2010:33">{{cite book|last=Coogan|first=Michael|title=God and Sex: What the Bible Really Says|url=https://archive.org/details/godsexwhatbi00coog|url-access=registration|accessdate=May 5, 2011|edition=1st|date=October 2010|publisher=Twelve. Hachette Book Group|location=New York, Boston|isbn=978-0-446-54525-9|oclc=505927356|page=33}}</ref> there was no ban on men having sex with unmarried women (including prostitutes).{{sfn|Coogan|2010|p=103}} <!--;the Hebrew Bible does not say anything about ]ism.{{sfn|Coogan|2010|p=135|ps=: "Finally, the Hebrew Bible is silent about lesbian relationships, probably because they did not relate to patriarchy—or, for that matter, to paternity."}} ] agreed that no punishments for lesbians were ever mentioned in biblical law, nor in rabbinic law.<ref name="h320">{{cite book | last=Velasco | first=Sherry | title=Lesbians in Early Modern Spain | publisher=Vanderbilt University Press | series=UPCC book collections on Project MUSE | year=2011 | isbn=978-0-8265-1752-4 | url=https://books.google.com/books?id=ouHqtw239HwC&pg=PA19 | access-date=2024-07-25 | page=19}}</ref>--> | |||
==In later Judaism== | |||
] in ''The Oxford Handbook of Jewish Ethics and Morality'' agrees with Tigay and Coogan.<ref name="c287">{{cite book | first1=Danya | last1=Ruttenberg | author-link=Danya Ruttenberg | editor-last1=Dorff | editor-first1=Elliot N. | editor-link=Elliot N. Dorff | editor-last2=Crane | editor-first2=Jonathan K. | chapter=Jewish Sexual Ethics | title=The Oxford Handbook of Jewish Ethics and Morality | publisher=Oxford University Press | series=Oxford Handbooks Series | year=2016 | isbn=978-0-19-060838-5 | chapter-url=https://books.google.com/books?id=MHcRDAAAQBAJ&pg=PA384 | access-date=2024-07-26 | pages=384–385}}</ref> <!--] agrees that the Hebrew Bible provides no punishment for lesbians.<ref name="Skolnik 2007 p. 661">{{cite book | editor-last=Skolnik | editor-first=Fred | editor-last2=Berenbaum | editor-first2=Michael | last=Alpert | first=Rebecca | chapter=Lesbianism| chapter-url=https://www.jewishvirtuallibrary.org/lesbianism | title=Encyclopaedia Judaica | publisher=Macmillan Reference USA in association with the Keter Pub. House | publication-place=Detroit | year=2007 | isbn=978-0-02-865940-4 | oclc=70174939 | pages=660–661 | volume=12 | quote=In his ''Commentary on the Mishnah'' (finished in 1168), Maimonides reiterates the disparaging commentary on forbidden unions such as lesbian affairs that had appeared in his Book of Holiness: me abominable practice of lesbianism between women who lie one with the other is a disgraceful practice. However, there is no punishment therefore, either Biblical or Rabbinic.... are women which the Sages have called ''mesoleloth'' (lesbians), from the word ''maslol'', which is the manner of practicing lewdness one with the other" (translation quoted in Rosner, 119—20).}}</ref> ] is of the same opinion.<ref name="Bach2013">{{cite book|first=Tikva|last=Frymer-Kensky|author-link=Tikva Frymer-Kensky|editor-first=Alice|editor-last=Bach|editor-link=Alice Bach|title=Women in the Hebrew Bible: A Reader|url=https://books.google.com/books?id=YQrfAQAAQBAJ&pg=PA299|date=31 October 2013|publisher=Routledge|isbn=978-1-135-23868-1|page=299}}</ref>--> She states that although considered undesirable, the Jewish religious authorities admitted the reality of premarital sexual relationships, and were somewhat ambivalent about such relationships.<ref name="c287"/> Sara N.S. Meirowitz agrees will Ruttenberg, Tigay and Coogan.<ref name="b339">{{cite book | first= Sara N.S. | last=Meirowitz | editor-last=Ruttenberg | editor-first=Danya | title=The Passionate Torah: Sex and Judaism | publisher=NYU Press | year=2009 | isbn=978-0-8147-7605-6 | chapter=Not Like a Virgin: Talking about Nonmarital Sex | chapter-url=https://books.google.com/books?id=bXgVCgAAQBAJ&pg=PA173 | access-date=29 July 2024 | page=173 | quote=Although women are encouraged to be monogamous, preserving their virginity and procreative years for marriage, the man’s concern is with his wife’s purity status, not ''his'' sexual behavior or monogamy. The woman’s virginity status is permanent, marked on her ''ketubah'', marriage contract; the man’s past history is entirely irrelevant.}}</ref> | |||
In addition to the intimate relationships forbade by the Torah, both Karaite and Rabbinic Judaism forbid a number of other relationships. | |||
] recognizes there was a double standard in judging fornication in the works of Medieval rabbis: an unmarried woman who engaged in premarital sexual relationships was guilty of fornication, but an unmarried man was not.<ref name="p190">{{cite book | last1=Adelman | first1=Howard Tzvi | editor-last=Diemling | editor-first=Maria | editor-last2=Veltri | editor-first2=Giuseppe | title=The Jewish Body: Corporeality, Society, and Identity in the Renaissance and Early Modern Period | publisher=Brill | series=Studies in Jewish history and culture / Studies in Jewish history and culture | year=2009 | isbn=978-90-04-16718-6 | chapter=Virginity: Women's Body as a State of Mind: Destiny Becomes Biology | chapter-url=https://books.google.com/books?id=m1Lh-FwFrXIC&pg=PA182 | access-date=29 July 2024 | page=182}}</ref> | |||
Some of the relationships forbade by the bible are regarded as such a serious sin in Jewish law that that one should be willing to die, rather than commit them<ref name = "mitzvot324">{{Harvnb|Eisenberg|2005|p=324.}}</ref>; these relationships - incest and menstruating women - are often referred to as ''arayot'' (Hebrew: עריות), since the Torah describes with the ] phrase ''gillui arayot'', meaning ''uncover the nakedness of''. The Talmud argues that ]s are ], in order to obey them, except for the ], murder, and ''arayot''<ref>'']'', 74a</ref>. | |||
According to the ''Queer Bible Commentary'' (2015), the Hebrew Bible does not say that ] would amount to ''zenut''/adultery.<ref name="j169">{{cite book | last1=Guest | first1=Deryn | last2=Goss | first2=Robert E. | last3=West | first3=Mona | title=The Queer Bible Commentary | publisher=SCM Press | year=2015 | isbn=978-0-334-05442-9 | url=https://books.google.com/books?id=ijE9CQAAQBAJ&pg=PA89 | access-date=29 July 2024 | page=89}}</ref> Statements by other scholars make such claim plausible.<ref name="h320">{{Bulleted list|{{harvnb|Coogan|2010|p=135|ps=: "Finally, the Hebrew Bible is silent about lesbian relationships, probably because they did not relate to patriarchy—or, for that matter, to paternity."}}|{{cite book | last=Massey | first=Lesly F. | title=Daughters of God, Subordinates of Men: Women and the Roots of Patriarchy in the New Testament | publisher=McFarland, Incorporated, Publishers | year=2015 | isbn=978-1-4766-2143-2 | url=https://books.google.com/books?id=HxHNCgAAQBAJ&pg=PA100 | access-date=29 July 2024 | page=100 | quote=Lesbianism (called ''mesolelot'') was known in ancient Judaism and was frowned upon. Homosexuality is among numerous sexual transgressions discussed in Leviticus 18 and 20 and described as an abhorrence (''to'evah''). Yet, it was thought by most rabbis that this was not the same degree of impropriety as intercourse with a male, because, so they assumed, there was no penetration in lesbian lovemaking.}}|{{cite book | first=Rebecca T. | last=Alpert | editor-last=Ruttenberg | editor-first=Danya | title=The Passionate Torah: Sex and Judaism | publisher=NYU Press | year=2009 | isbn=978-0-8147-7605-6 | chapter=Reconsidering Solitary Sex from a Jewish Perspective | chapter-url=https://books.google.com/books?id=bXgVCgAAQBAJ&pg=PA185 | access-date=29 July 2024 | page=185 | quote=In the Hebrew Bible there is no same-gender sexuality for women and no allusion to female masturbation, whereas lying with a man as with a woman is famously prohibited twice in the Torah. Although later rabbinic texts pay little attention to the possibility that women indulge in solitary sex, they do approach lesbianism negatively. The transgression is still minor, however, compared to male homosexuality, and is not taken seriously.}}|{{cite book | last=Velasco | first=Sherry | title=Lesbians in Early Modern Spain | publisher=Vanderbilt University Press | series=UPCC book collections on Project MUSE | year=2011 | isbn=978-0-8265-1752-4 | url=https://books.google.com/books?id=ouHqtw239HwC&pg=PA19 | access-date=2024-07-25 | page=19}}|{{cite book | editor-last=Skolnik | editor-first=Fred | editor-last2=Berenbaum | editor-first2=Michael | last=Alpert | first=Rebecca | author-link=Rebecca Alpert | chapter=Lesbianism| chapter-url=https://www.jewishvirtuallibrary.org/lesbianism | title=Encyclopaedia Judaica | publisher=Macmillan Reference USA in association with the Keter Pub. House | publication-place=Detroit | year=2007 | isbn=978-0-02-865940-4 | oclc=70174939 | pages=660–661 | volume=12}}|{{cite book|first=Tikva|last=Frymer-Kensky|author-link=Tikva Frymer-Kensky|editor-first=Alice|editor-last=Bach|editor-link=Alice Bach|title=Women in the Hebrew Bible: A Reader|url=https://books.google.com/books?id=YQrfAQAAQBAJ&pg=PA299|date=31 October 2013|publisher=Routledge|isbn=978-1-135-23868-1|page=299}}}}</ref> | |||
=== Exogamy === | |||
{{main|Interfaith marriage in Judaism}} | |||
== Niddah == | |||
] was historically looked upon with very strong disfavour by Jewish leaders, and it remains an enormously controversial issue. Although most of the ]ic writers concede that the Deuteronomic law referred only to marriage to Canaanites, they themselves still forbade marriage with the other nationalities<ref>'']'' 68b</ref>. The situation is slightly complicated by the fact that the Talmudic writers viewed ] as being at the ''gate'' of Judaism<ref>], ''Responsa'', No. 119</ref>, and hence marriages between Christians and Jews were not seen by them as prohibited<ref name="JewEncInter">{{Jewish Encyclopedia|article=Intermarriage|url=http://www.jewishencyclopedia.com/view.jsp?letter=I&artid=163}}</ref>; in 1236 ] tried to break up such marriages<ref>Moses of Coucy, ''Sefer Mitzvot ha-Gadol''<!-- does this translate as "the big book of commandments" ?-->, 112</ref>, but in 1844, the ] permitted Jews to marry ''any adherent of a monotheistic religion'', as long as any children of the marriage would be able to be brought up as Jewish<ref name="JewEncInter" />. | |||
{{Main|Niddah}} | |||
A man is not allowed to have sexual relations with a woman—including his wife—during and shortly after her ] ({{bibleverse||Leviticus|18:19|HE}}), until after she immerses in a ]. A woman who has experienced her menstrual period and has not gone to a proper ''mikveh'' is referred to as a ]. | |||
== Religious intermarriage == | |||
Classical Jewish writers, and those of the middle ages, regarded converts as Jews, in relation to these rules; marriage between a Jew and a convert to Judaism was not regarded as intermarriage<ref>Berakhot 28a</ref><ref>Kiddushin 5:4 (Tosefta)</ref><ref>'']'', ''Eben ha-'Ezer'' 4:10</ref>. Hence, all the Biblical passages which appear to support intermarriages, such as that of ] to ], and that of ], were regarded by the classical rabbis as having occurred only after the foreign spouse had converted to Judaism<ref>Genesis Rabbah, 65</ref>. A similar attitude is expressed by modern ], which does not sanction intermarriage, but encourages acceptance of the non-Jewish spouse within the family, hoping that such acceptance will lead to the spouse's ]<ref>''Leadership Council of Conservative Judaism'', ''Statement on Intermarriage'', Adopted on 7th March, 1995</ref>. The Talmudic writers, however, still forbade intermarriage with Canaạnites even if they had converted to Judaism<ref>'Abodah Zarah 34b</ref><ref>''Yebamot'' 76a</ref>. | |||
{{Main|Interfaith marriage in Judaism}} | |||
Religious intermarriage is forbidden in Judaism. There are differing opinions among the rabbis as to when the prohibition on sexual relations with non-Jews is from the Torah, and when it is rabbinic.<ref>Shulchan Aruch, III:16:1–2 and commentaries</ref> | |||
== Incest == | |||
The more popular forms of modern Judaism - ], ] (known in the USA as ]), and ] - do not generally regard the opinions of the classical rabbis as having any force, and so many ]s from these denominations are willing to officiate at interfaith marriages<ref>''Survey of the American Rabbinate'', The Jewish Outreach Institute, (retrieved 6th May 2009)</ref><ref>''Summary of Rabbinic Center for Research and Counseling 2003 Survey'', Irwin H. Fishbein, Rabbi, D. Min., Rabbinic Center for Research and Counseling, (retrieved 6th May 2009)</ref>; they do, though, still try to persuade intermarried couples to raise their children as Jews. As with many religious denominations, however, there are a few dissenting voices; in 1870 some Reform Jews published the opinion that intermarriage is prohibited<ref>D.Einhorn, in ''The Jewish Times'', (1870), No. 45, p. 11</ref>. All branches of ] refuse to accept any validity or legitimacy of intermarriages, and try to avoid assisting them to take place. | |||
{{Main|Jewish views on incest|Incest in the Bible}} | |||
=== Biblical prohibitions === | |||
In the early 19th century exogamy was comparatively rare - less than a tenth of a percent (0.1%) of the Jews of Algeria, for example, practiced exogamy<ref>Ricoux, ''Demography of Algeria'', Paris, 1860, p. 71</ref> - but since the early 20th century, rates of Jewish intermarriage have increased drastically. In the ] between 1996 and 2001, nearly half (47%) of marriages involving Jews were intermarriages with non-Jewish partners<ref>]</ref>, a similar proportion (44%) was the case for early 20th century ]<ref>''Census of New South Wales, 1901'', Bulletin No. 14</ref>. The possibility that this might lead to the gradual dying out of Judaism, much like the historic fate of ], is regarded by most Jewish leaders, regardless of denomination, as precipitating a crisis; some religious conservatives now even speak metaphorically of intermarriage as a '']''. | |||
Sexual relations with certain close relatives are forbidden in the ]. Though they are generally called ], the biblical list does not necessarily correspond to those prohibited under state laws. In the Hebrew Bible, sexual relationships between siblings are forbidden to Jews but permissible to ] (non-Jews).<ref>{{cite book |last=Kiel |first=Yishai |year=2015 |chapter=Noahide Law and the Inclusiveness of Sexual Ethics: Between Roman Palestine and Sasanian Babylonia |chapter-url=https://books.google.com/books?id=9pc0CwAAQBAJ&pg=PA64 |editor-last=Porat |editor-first=Benjamin |title=Jewish Law Annual |location=] |publisher=] |volume=21 |pages=64–65 |isbn=978-0-415-74269-6}}</ref> | |||
The relationships forbidden by Leviticus 18 are: | |||
===Consanguinuity and Incest=== | |||
{{main|Jewish views of incest}} | |||
* One's ] ({{bibleverse||Leviticus|18:6|HE}})<ref>{{Cite web|url=https://www.sefaria.org/Avodah_Zarah.17a.5?ven=Daf_Shevui&lang=bi|title = Avodah Zarah 17a:5}}</ref><ref>{{Cite web|url=https://www.sefaria.org/Yoma.69b.12?ven=William_Davidson_Edition_-_English&lang=bi|title = Yoma 69b:12}}</ref><ref>{{cite web| url = https://www.sefaria.org/Mishneh_Torah%2C_Negative_Mitzvot.353?ven=The_Mishneh_Torah_by_Maimonides._trans._by_Moses_Hyamson,_1937-1949&lang=bi| title = Mishneh Torah, Negative Mitzvot 353}} </ref><ref>{{cite web| url = https://www.sefaria.org/Mishneh_Torah%2C_Foreign_Worship_and_Customs_of_the_Nations.10?ven=Mishnah_Torah,_Yod_ha-hazakah,_trans._by_Simon_Glazer,_1927&lang=bi| title = Mishneh Torah, Foreign Worship and Customs of the Nations 10}} </ref><ref>{{Cite web|url=https://www.sefaria.org/Mishnah_Makkot.3.15?ven=Sefaria_Community_Translation&lang=bi|title = Mishnah Makkot 3:15}}</ref><ref>{{Cite web|url=https://www.sefaria.org/Sanhedrin.64a.9?ven=William_Davidson_Edition_-_English&lang=bi|title = Sanhedrin 64a:9}}</ref><ref>{{Cite web|url=https://www.sefaria.org/Ibn_Ezra_on_Leviticus.18.6.3?ven=Ibn_Ezra_on_the_Pentateuch_-_trans._by_Jay_F._Shachter&lang=bi|title=Ibn Ezra on Leviticus 18:6:3|website=www.sefaria.org|accessdate=23 April 2023}}</ref><ref>{{Cite web|url=https://www.sefaria.org/Sforno_on_Leviticus.18.6.1?ven=Eliyahu_Munk,_HaChut_Hameshulash&lang=bi|title=Sforno on Leviticus 18:6:1|website=www.sefaria.org|accessdate=23 April 2023}}</ref><ref>{{cite web| url = https://www.sefaria.org/Rabbeinu_Bahya%2C_Vayikra.18.6.1?ven=Torah_Commentary_by_Rabbi_Bachya_ben_Asher,_trans._Eliyahu_Munk,_1998.&lang=bi| title = Rabbeinu Bahya, Vayikra 18:6:1}} </ref><ref>{{Cite web|url=https://www.sefaria.org/Bamidbar_Rabbah.20.23?ven=Townsend_1989_translation_of_Midrash_Tanhuma,_S._Buber_Recension,_edited_and_supplemented_by_R._Francis_Nataf&lang=bi|title = Bamidbar Rabbah 20:23}}</ref><ref>{{Cite web|url=https://www.sefaria.org/Sanhedrin.53b.1?ven=William_Davidson_Edition_-_English&lang=bi|title = Sanhedrin 53b:1}}</ref><ref>{{Cite web|url=https://www.sefaria.org/Makkot.13b.3?ven=William_Davidson_Edition_-_English&lang=bi|title = Makkot 13b:3}}</ref><ref>{{Cite web|url=https://www.sefaria.org/Keritot.2b.27?ven=William_Davidson_Edition_-_English&lang=bi|title=Keritot 2b:27|website=www.sefaria.org|accessdate=23 April 2023}}</ref><ref>{{cite web| url = https://www.sefaria.org/Mishneh_Torah%2C_Negative_Mitzvot.336?ven=The_Mishneh_Torah_by_Maimonides._trans._by_Moses_Hyamson,_1937-1949&lang=bi| title = Mishneh Torah, Negative Mitzvot 336}} </ref><ref>{{cite web| url = https://www.sefaria.org/Rashi_on_Deuteronomy.23.1.2?ven=Pentateuch_with_Rashi%27s_commentary_by_M._Rosenbaum_and_A.M._Silbermann,_1929-1934&lang=bi| title = Rashi on Deuteronomy 23:1:2}} </ref><ref>{{Cite web|url=https://www.sefaria.org/Mishnah_Yevamot.9.3?ven=Mishnah_Yomit_by_Dr._Joshua_Kulp&lang=bi|title = Mishnah Yevamot 9:3}}</ref><ref>{{Cite web|url=https://www.sefaria.org/Mishnah_Keritot.3.5?ven=Mishnah_Yomit_by_Dr._Joshua_Kulp&lang=bi|title = Mishnah Keritot 3:5}}</ref><ref>{{cite web| url = https://www.sefaria.org/Mishneh_Torah%2C_Negative_Mitzvot.335?ven=The_Mishneh_Torah_by_Maimonides._trans._by_Moses_Hyamson,_1937-1949&lang=bi| title = Mishneh Torah, Negative Mitzvot 335}} </ref> | |||
The classical rabbis declared that there were relationships within which marriage constituted incest, in addition to those mentioned by the bible. These additional relationships were termed ''seconds'' (Hebrew: ''sheniyyot''), and included the wives of a man's: | |||
* One's ] ({{bibleverse||Leviticus|18:7|HE}}) | |||
*] | |||
* One's ] ({{bibleverse||Leviticus|18:7|HE}}) | |||
*grandfather | |||
* One's ] ({{bibleverse||Leviticus|18:8|HE}}) | |||
*grandson | |||
* One's paternal or maternal ] ({{bibleverse||Leviticus|18:9|HE}}) | |||
* One's paternal sister through one's father's wife ({{bibleverse||Leviticus|18:11|HE}}) | |||
* One's ] (inferred from {{bibleverse||Leviticus|18:10|HE}}. Talmud Gittin 83a also implies that the prohibition on marrying one's daughter is a matter of Torah law <ref>{{Cite web|url= https://www.sefaria.org/Gittin.83a.15?lang=bi| title = Talmud Bavli, Gittin 83a, 15}}</ref>) | |||
* One's ] ({{bibleverse||Leviticus|18:10|HE}}) | |||
* ] ({{bibleverse||Leviticus|18:17|HE}}) | |||
* A woman and her ] ({{bibleverse||Leviticus|18:17|HE}}) | |||
* One's ] by blood ({{bibleverse||Leviticus|18:12–13|HE}}) | |||
* One's father's brother (]) ({{bibleverse||Leviticus|18:14|HE}}) | |||
* One's father's brother's wife (]) ({{bibleverse||Leviticus|18:14|HE}}) | |||
* One's ] ({{bibleverse||Leviticus|18:15|HE}}) | |||
* One's brother's wife (]) ({{bibleverse||Leviticus|18:16|HE}}), with the exception of ] | |||
* One's wife's sister (]) during one's wife's lifetime, even if since divorced ({{bibleverse||Leviticus|18:18|HE}}) | |||
=== Rabbinically prohibited relationships === | |||
Marriages forbidden in the bible were regarded by the rabbis of the middle ages as invalid - as if they had never occurred<ref name="EbenezerSA">'']'', ''Eben ha-'Ezer'', 16, 1</ref>; any children born to such a couple were regarded as ]<ref name="EbenezerSA" />, and the relatives of the spouse were not regarded as forbidden relations for a further marriage<ref>Yebamot 94b</ref>. On the other hand, those relationships which were prohibited due to qualifying as ''seconds'', and so forth, were regarded as wicked, but still valid<ref name="EbenezerSA" />; while they might have pressured such a couple to divorce, any children of the union were still seen as legitimate<ref name="EbenezerSA" />. | |||
In addition to the relationships biblically prohibited to Jews, rabbis have gone further to prohibit additional relationships with various blood relatives or in-laws. These are called "Shni'ot" (secondary prohibitions or ''seconds''). Some of these are:<ref name="mitzvot324"/> | |||
* One's ] | |||
* One's ] | |||
* One's ] | |||
* One's grandfather's wife | |||
* One's ]'s wife | |||
* One's grandson's wife | |||
Adopted children who are raised together are not permitted to marry because of appearances, even if they are not biologically related.<ref>{{cite web |url=http://www.koltorah.org/ravj/The%20Yichud%20Prohibition%20-%20Part%201.htm |title=The Yichud Prohibition- Part One: To Whom Does It Apply? |publisher=Koltorah.org |date=2002-11-16 |access-date=2013-09-10 |archive-url=https://web.archive.org/web/20130702194150/http://koltorah.org/ravj/The%20Yichud%20Prohibition%20-%20Part%201.htm |archive-date=2 July 2013 |url-status=dead}}</ref> | |||
=== Adultery === | |||
{{main|Conjugal obligations and rights in Judaism#Fidelity}} | |||
== Exclusions from the assembly == | |||
In the classical era, the rules about adultery changed somewhat; the ] was abolished in 40 AD (as it was for all other crimes)<ref>''Sanhedrin'' 41</ref>. Furthermore, the ] forbade conviction if the woman had not been forewarned, in the presence of two witnesses, against committing adultery<ref name="Sot12" />, or if she had not known the intimate details of the laws against it<ref name="JewEncAdu" />. | |||
The Bible excludes certain categories of people from taking part in the ''] (assembly) of ]''. Jewish tradition considers this to be solely a limitation on marriage. | |||
=== Exclusions from the assembly === | |||
{{main|Qahal#Biblical exclusions}} | |||
<!--this is NOT under the "in the bible" section, because the bible doesn't make the connection to sex or marriage--> | |||
=== Biblical peoples === | |||
The ] prohibits men from taking part in the ''] of ]'', if they are a '']'', or they have been ]<ref name="Deu2324">{{bibleverse||Deuteronomy|23:2-4}} (verses 1-3 in some English translations)</ref>; their descendants, up to the tenth generation, were also prohibited by this law code from taking part in the ''qahal of Yahweh''<ref name="Deu2324" />. The ''qahal'' was a subset of the wider'' 'edah''<ref>{{bibleverse||Leviticus|4:13-14|}}</ref><ref name="CheyneAndBlackAss">{{EncyclopaediaBiblica|article=assembly|section=Asaramel-Assyria}}</ref>; both these ] terms (and several others) are usually translated into ] as ''congregation'' or ''assembly''<ref name="CheyneAndBlackAss" />, although in some locations ''horde'' and ''swarm'' are better renderings of'' 'edah''<ref name="CheyneAndBlackAss" /><ref>for example, in {{bibleverse||Judges|14:8|}},'' 'edah'' is used to refer to a group of ]</ref>. | |||
A Jew is prohibited from marrying a male ]ite and ]ite convert ({{bibleverse||Deuteronomy|23:4|HE}}); or an Egyptian or ] convert up to the third generation from conversion ({{bibleverse||Deuteronomy|23:8–9|HE}}). | |||
The ]ic writers interpreted the prohibition against such people joining the ''qahal'' as a rule against ordinary Jews marrying such people<ref name="JewEncMarLaw" />. No explanation of the phrase ''mamzer'' is given in the ], but the ] translates it as ''son of a prostitute'' (]:''ek pornes'')<ref></ref>; the ] argues that it refers to a child born either of ], or of ], though this is complicated by the Jewish definition of these things<ref>{{Jewish Encyclopedia|article=Mamzer|url=http://www.jewishencyclopedia.com/view.jsp?letter=M&artid=122}}</ref>. | |||
]/] are prohibited by rabbinic injunction.<ref>] 8:2</ref> | |||
=== Special rules for priests === | |||
As the people currently living in those areas may not be descended from the original peoples, these prohibitions may not apply today.<ref>] ] 4:4; Rabbi ], ], ''Even HaEzer'' 4:10 and commentaries</ref> | |||
Though high priests were regarded, by the classical rabbis, as being subject to the biblical prohibition against marrying widows, there there was a modification to these rules; the Talmud permits a high priest to remain married to a widow, if he had married her while he was merely an ordinary priest<ref>''Yebamot'' 77a</ref>. Furthermore, the biblical demand that a high priest should marry a virgin ''of his own people'' was interpreted as additionally banning marriage between a high priest and a ]<ref>{{bibleverse||Leviticus|21:17|}} (in the ], it is verse 14 instead)</ref>.. | |||
=== Mamzer === | |||
Agreeing that the bible forbade priests from marrying divorcees and prostitutes, the Talmudic writers interpreted the biblical reference to ''dishonoured'' (Hebrew: ''halala'') as a distinct category of women forbade from marrying priests. Thus they forbade marriage between a priest and a widow, if her former brother-in-law had refused to perform a ], and she had consequently performed the ] ceremony<ref>Yebamot 24a</ref>. Furthermore, they argued that a priest should divorce his wife if she had been ]d, ]<ref>Yebamot 56b</ref>. | |||
{{Main|Mamzer}} | |||
A ] in Jewish law is a child resulting from an incestuous liaison or an adulterous liaison by a married woman.<ref name="JELaws" /> (This is not necessarily the same definition as a ] by other societies, as it does not include a child of an unmarried woman.)<ref name="JELaws" /> As a mamzer is excluded from the assembly ({{bibleverse||Deuteronomy|23:3|HE}}), the Talmud forbids a marriage by an ordinary Jew to a mamzer.<ref>Yebamot, 4:13</ref> However, a mamzer may marry a convert or another mamzer, though their child would also be considered a mamzer.<ref>], ], Sanctity, Laws of Sexual Prohibitions, 15:7–8</ref> | |||
The Talmudic writers also forbade marriage between a priest and any ], as they preferred to err on the side of caution, and therefore suspect that these women would have been ]ed<!--if "rape" is a more accurate translation, then please change every instance of "assault" in this paragraph to "rape"--> by their captors<ref name="Ket22a">'']'' 22a</ref><ref name="Ket27a">''Ketubot'' 27a</ref>. They did, however, allow marriage to such a woman if witnesses had been with her for the entire period of her capture, and the witnesses confirmed that no such assault took place<ref name="Ket22a" /><ref name="Ket27a" />. | |||
=== Certain eunuchs === | |||
Additionally, the Talmudic rabbis regarded any divorcee or prostitute who married a priest, in defiance of these rules, as becoming a ''dishonoured'' woman by doing so; so too were any female children, resulting from such a union, classed among ''dishonoured'' women. For a priest to marry a woman who became ''dishonoured'', due to her previous illicit marriage to a priest, was regarded as doubly wicked<ref name="JewEncHal">{{Jewish Encyclopedia|article=halalah|url=http://www.jewishencyclopedia.com/view.jsp?artid=111&letter=H}}</ref>; for example, if a priest married a divorcee, and then, after the married ends, another priest married her, it would break both the prohibition against marrying a divorcee, and that against marrying a ''dishonoured'' woman<ref name="JewEncHal" />. | |||
Jewish tradition also forbids marriage to a man who has been forcibly emasculated; the ] term '']'' ({{lang|grc|σπάδων}}; Latin: '']'') which is used to refer to such people, is used in the ] to denote certain foreign political officials (resembling the meaning of '']'').<ref name="JELaws" /> The Jewish prohibition does not include men who were born without visible testicles (conditions including ]), or without a visible penis (] conditions can affect genital appearance).<ref name="JELaws" /> There is dispute, even in traditional Judaism, about whether this prohibited group of men should include those who have become, at some point since their birth, emasculated as the result of a disease.<ref>], ], 5</ref> | |||
Although the first century destruction of the ] resulted in the priesthood being redundant, the Torah frequently portrays the Israelite priesthood as an hereditary position, and so the rabbis of the middle ages regarded these regulations as applying, still, to all men who claim to be descended from such priests; such claims can often be detected in modern surnames resembling the Hebrew word ''kohen'', the term used in most parts of the ] to mean ''priest'' (the ]s in related languages, however, mean '']''<ref>{{EncyclopaediaBiblica|article=Priest|section=Praetorium-Prophet_(False)}}</ref>). | |||
== Special rules for priests == | |||
] are not allowed to marry: | |||
* divorcees<ref name="JELaws" /> | |||
The bible's prohibitions on incest and bestiality, along with a prohibition against ], are collectively introduced by a condemnation of the behaviour of the Canaanites and of the Egyptians<ref>{{bibleverse||Leviticus|18:3}}</ref>. Though the text doesn't identify what it means by the ''activities of Egypt'', some Jewish writers, in the middle ages, argued that ] was one of them<ref>Joseph Karo, ''Shulkhan Arukh'', 3:20:2</ref>; hence, Orthodox Judaism prohibits lesbianism. | |||
* ] | |||
* a woman who has had certain forbidden sexual relationships (such as the ] in the Torah) ({{Bibleverse|Leviticus|21:7|HE}}) | |||
* a woman who was born of the prohibited relations of a ] (called a ]) ({{Bibleverse|Leviticus|21:7|HE}}) | |||
* ]<ref>] 22a; Ketubot 27a</ref> | |||
* a widow whose brother-in-law refused to perform a ], and she consequently performs the ] ceremony<ref>Yebamot 24a</ref> | |||
Some of these prohibitions are biblical, and some are rabbinical. | |||
However, in Orthodox Judaism, female-female sex acts are not regarded as a loss of virginity, and therefore do not prevent the participants from future marriage to someone claiming descent from an Israelite priest<ref name="BeShALMaim">Beit Sh'muel {{clarify}}, ad. loc. based on ]</ref>. Neither is such activity deemed to constitute ]<ref name="BeShALMaim" />; consequently, a lesbian affair is not regarded as ]{{cite needed}}. | |||
The ] (high priest) must also not marry a ] ({{Bibleverse|Leviticus|21:14|HE}}). He is required to marry a virgin maiden ({{Bibleverse|Leviticus|21:13|HE}}). However, if he was married to a woman otherwise permitted to a kohen, and was then elevated to the high priesthood, he may remain married to her. | |||
=== Age === | |||
{{main|Marriagable Age in Judaism}} | |||
== Homosexual acts == | |||
The ], is highly gender-specific. According to the ], it was permissible for an adult male to have sexual intercourse with a 3 year old girl, if she was maritally single<ref>'']'' 44b</ref>; girls could be betrothed (Hebrew: '']'') and married (Hebrew: '']'') at this age<ref name="JewEncMaj">{{Jewish Encyclopedia|article=Majority|url=http://www.jewishencyclopedia.com/view.jsp?letter=M&artid=91}}</ref>. By contrast, the earliest point at which a male is permitted to become betrothed (''erusin'') is the ]<ref>'']'', 50b</ref>; for a male, ], is usually 13 years of age plus one day, but could be as late as 35 years plus one day, in certain circumstances<ref name="JewEncMaj" />. | |||
{{Main|Homosexuality and Judaism}} | |||
=== Orthodox view === | |||
A girl younger than the age of majority could be compelled to marry against her will, although she also had the right to an subsequently annul the marriage. However, the Talmud did not allow the marriage to be annulled if it was the girl's first marriage, if it had been arranged by her father<ref name="JewEncMaj" />; in earlier classical Judaism, one major faction - the ] - even argued that such annulment rights only existed during the betrothal<!--NOT engagement--> period (''erusin''), and not once the actual marriage (''nissu'in'') had begun<ref>''Yebamot'' 107a</ref>. If she exercised this right, a decision known in Hebrew as ''mi'un'' (literally meaning ''refusal''/''denial''/''protest'')<ref name="JewEncMiu">{{Jewish Encyclopedia|article=Mi'un|url=http://www.jewishencyclopedia.com/view.jsp?letter=M&artid=669}}</ref>, it lead to a true annulment, not a divorce; a divorce document ('']'') was not necessary<ref>Yebamot 107a</ref>, and a girl who did this was not regarded by legal regulations as a divorcee, in relation to the marriage<ref name="Yeb108a">''Yebamot'' 108a</ref>. | |||
] interprets ({{bibleverse||Leviticus|18:22|HE}}) as forbidding homosexual acts between two men, and calls it an ]. ({{bibleverse||Leviticus|18:14|HE}} specifically prohibits such relationships with one's father or uncle.)<ref>{{Harvnb|Eisenberg|2005|p=327.}}</ref> | |||
Despite the young threshold for marriage, marriages with a large age gap between the spouses (eg. between a young man and an old woman) were thoroughly opposed by the classical rabbis<ref>'']'' 44a</ref><ref>''Sanhedrin'' 76a</ref>. In the middle ages, many rabbis tried to abolish child marriage altogether; this, however, was due to their distaste for ''mi'un'', rather than due to any concern about ]<ref name="JewEncMiu" /><ref>''Yebamot'' 109a</ref>. Effectively, child marriage became nearly obsolete in Judaism<ref name="JewEncMiu" />; in modern times, it is an extremely rare event, as most areas with large Jewish communities have national laws against it. | |||
There is no punishment prescribed in the Torah for sex acts between two women (]), but rabbinic law has prohibited it as an extension of the "]" (see {{bibleverse||Leviticus|18:3|HE}}).<ref>Rabbi ], ''Shulchan Aruch'', ''Even Ha-'Ezer'' 20:2</ref> Although the practice is not considered ] in the formal sense, the ] (''Yevamot'' 76a), in the name of Rav Huna, suggests that women engaged in such practices are forbidden to marry a ]. Others posit that such relationships do not prohibit the woman unto a ], since it is merely an act of ].<ref>Beit Sh'muel, ''Shulchan Aruch'' (Even Ha-'Ezer 20:12, based on ])</ref> However, such practices are still censured and are said to be an infringement of the prohibition, "You shall not do as they do in the land of Egypt" (Leviticus 18:3).<ref>], '']'' (Hil. Isurei Bi'ah 21:8)</ref> | |||
=== Inability to give consent === | |||
{{main|Moral agency in Judaism#Marriage}} | |||
=== Conservative view === | |||
In the bible, marriage is treated as if it were<!--subjunctive--> an act of purchase<ref name="JewEncMar">{{Jewish Encyclopedia|article=marriage|url=http://www.jewishencyclopedia.com/view.jsp?letter=M&artid=213}}</ref><ref name="CheyneAndBlackMar">{{EncyclopaediaBiblica|article=marriage|section=Manius-Mash}}</ref>. It was thus seen in Jewish tradition as a civil transaction, and therefore as requiring the consent of the contracting parties<ref name="JewEncMarLaw">{{Jewish Encyclopedia|article=marriage laws|url=http://www.jewishencyclopedia.com/view.jsp?artid=216&letter=M&search=marriage}}</ref>; in the bible these were the groom and the bride's father<ref name="JewEncMar" /><ref name="CheyneAndBlackMar" />, but in later Jewish tradition it came to be seen as an arrangement between the bride and groom. | |||
]'s ] has validated different approaches to homosexual acts, with one opinion being like the Orthodox position in many respects, and another opinion permitting many forms of homosexual sex, while continuing to regard ] between men as prohibited.{{Citation needed|reason=Reliable source needed for the whole sentence|date=July 2021}} | |||
Like many cultures and nations, the '']'' (Hebrew: ''shoteh'') were not regarded as having ]<ref name="JewEncIns">{{Jewish Encyclopedia|article=Insanity|url=http://www.jewishencyclopedia.com/view.jsp?artid=149&letter=I&search=insanity}}</ref>, and therefore were forbidden from getting married<ref name="JewEncIns" />. As with many legal systems, ''insanity'' has a somewhat nuanced definition; in classical Judaism, ''insane'', as far as it concerns questions of moral agency, refers to: | |||
*confirmed ]cs<ref name="JewEncIns" />, | |||
*people with severe ], '''if''' they show signs of ] (such as inexplicably destroying their clothes, or persistently putting themselves in unnecessary danger)<ref name="JewEncIns" /><!--in this source they are listed as "imbecile" and "idiot", corresponding to very low IQ, and extremely low IQ, respectively--> | |||
*people sufficiently ] that they are likely to suffer ]<!--this doesn't necessarily refer to alcohol-induced blackouts--><ref>'']'' 65a</ref> | |||
According to ] ] and ] scholar ], the Torah prohibits men lying with men in illicit ways, that are incestuous or adulterous, but otherwise homosexual relations are allowed. <ref>"Since illicit carnal relations are implied by the term miškĕbê ʾiššâ, it may be plausibly suggested that homosexuality is herewith forbidden for only the equivalent degree of forbidden heterosexual relations, namely, those enumerated in the preceding verses (D. Stewart). However, sexual liaisons occurring with males outside these relations would not be forbidden. And since the same term miškĕbê ʾiššâ is used in the list containing sanctions (20:13), it would mean that sexual liaisons with males, falling outside the control of the paterfamilias, would be neither condemnable nor punishable. Thus miskĕbê ʾiššâ, referring to illicit male—female relations, is applied to illicit male—male relations, and the literal meaning of our verse is: do not have sex with a male with whose widow sex is forbidden. In effect, this means that the homosexual prohibition applies to Ego with father, son, and brother (subsumed in v. 6) and to grandfather—grandson, uncle—nephew, and stepfather—stepson, but not to any other male." - Jacob Milgrom, Leviticus 17-22: A New Translation With Introduction and Commentary, Anchor Yale Bible vol. 3, Yale University Press, 2007, page 1569</ref> | |||
Classical Judaism required that all testimony be given verbally, and that all witnesses be able to hear<ref name="JewEncDef">{{Jewish Encyclopedia|article=Deaf and Dumb in Jewish Law|url=http://www.jewishencyclopedia.com/view.jsp?artid=176&letter=D}}</ref>; ]s (Hebrew:''heresh'') - people who are both deaf '''and''' mute - were regarded as having no moral agency at all, as far as ritual and law were concerned<ref name="JewEncDef" />. Thus it was the ]'s opinion that deaf-mutes were prohibited by the bible from getting married<ref name="JewEncDef" />, although the Talmud itself insists that deaf-mutes should be allowed to marry if the marriage and betrothal were conducted using some form of ]<ref name="JewEncMarLaw" />. Due to the Talmud's opinion of the bible's intent, any marriage of a deaf-mute was not regarded as having as much ''validity'' as ''normal'' marriages, leading to a number of complications<ref name="JewEncDef" />. | |||
In 2012, the American branch of Conservative Judaism represented by the ], devised a commitment ceremony for same-sex couples, though not defined as '']''.<ref>{{Cite news|last=Sales|first=Ben|date=4 June 2012|title=Conservative rabbinic group issues guidelines for same-sex wedding rituals|work=Jewish Telegraphic Agency|url=https://www.jta.org/2012/06/04/lifestyle/conservative-rabbinic-group-issues-guidelines-for-same-sex-wedding-rituals|access-date=26 November 2021}}</ref><ref>{{Cite news|date=2 June 2012|title=US Conservative Jews approve gay weddings|work=Ynet|publisher=The Associated Press|url=https://www.ynetnews.com/articles/0,7340,L-4237159,00.html|access-date=26 November 2021}}</ref> In 2014, the British group Masorti Judaism said it would support ''shutafut'' ceremonies for same-sex unions.<ref>{{Cite news|last=Hoare|first=Liam|date=1 May 2015|title=British Rabbis Play Matchmaker for LGBTQ Jews|work=Slate|url=https://slate.com/human-interest/2015/05/british-rabbis-play-matchmaker-for-lgbtq-jews.html|access-date=26 November 2021}}</ref><ref>{{Cite web|date=22 October 2014|title=Masorti Judaism says yes to same-sex ceremonies|url=https://masorti.org.uk/articles/masorti-judaism-says-yes-to-same-sex-ceremonies/|access-date=26 November 2021|website=Masorti Judaism (UK)}}</ref> In 2016, the Rabbinical Assembly passed a resolution supporting transgender rights.<ref>{{Cite news|title=The rabbis of Conservative Judaism pass a resolution supporting transgender rights|language=en-US|newspaper=Washington Post|url=https://www.washingtonpost.com/news/acts-of-faith/wp/2016/06/01/the-rabbis-of-conservative-judaism-pass-a-resolution-supporting-transgender-rights/|access-date=2021-11-26|issn=0190-8286}}</ref><ref>{{Cite web|date=6 April 2016|title=Resolution Affirming the Rights of Transgender and Gender Non-Conforming People|url=https://www.rabbinicalassembly.org/story/resolution-affirming-rights-transgender-and-gender-non-conforming-people|access-date=26 November 2021|website=Rabbinical Assembly}}</ref> | |||
==See also== | |||
*] | |||
=== Humanistic Judaism === | |||
*] | |||
In 2004, the ] issued a resolution supporting "the legal recognition of marriage and divorce between adults of the same sex", and affirming "the value of marriage between any two committed adults with the sense of obligations, responsibilities, and consequences thereof".<ref>{{cite web|date=April 2004|title=Society for Humanistic Judaism Supports Marriage Rights of Same-Sex Couples|url=http://www.shj.org/MarriageEquality.htm|url-status=dead|archive-url=https://web.archive.org/web/20131010054121/http://www.shj.org/MarriageEquality.htm|archive-date=10 October 2013|access-date=19 November 2013}}</ref> | |||
*] | |||
*] | |||
=== Reform view === | |||
*] | |||
] interprets Leviticus 18:22 as forbidding men from using sex as a form of ownership over men. Reform Jewish authors have revisited the Leviticus text, and ask why the text mentions that one should not lie with a man "as with a woman". If it is to be assumed that the Torah does not waste words, the authors ask why the Torah includes this extra clause. Most Reform Jews suggest that since intercourse involved possession (one of the ways in which a man "acquired" a wife was to have intercourse with her), similar to the Christian theology of using sex to "consummate" a marriage, it was abhorrent that a man might acquire another man—it is not the act of homosexual intercourse itself which is abhorrent, but using this act to acquire another man and therefore confuse the gender boundary.<ref>{{cite web |url=http://www.reformjudaism.org.uk/a-to-z-of-reform-judaism/contemporary-issues/homosexuality.html |title=homosexuality | contemporary-issues | a-to-z-of-reform-judaism- The Movement for Reform Judaism |publisher=Reformjudaism.org.uk |access-date=2013-09-10 |archive-url=https://web.archive.org/web/20130403014330/http://www.reformjudaism.org.uk/a-to-z-of-reform-judaism/contemporary-issues/homosexuality.html |archive-date=3 April 2013 |url-status=dead }}</ref> | |||
== Bestiality == | |||
Men and women are forbidden from engaging in ]. ({{bibleverse||Leviticus|18:23|HE}}) It is considered an ] according to the Torah.<ref name="mitzvot324"/> | |||
== Youth == | |||
] taught that 18 is the ideal age to become married, and that before this age one should spend time studying scripture and getting their life in order.<ref>{{cite web|url=https://ph.yhb.org.il/en/14-05-07/|title=The Age of Marriage for Men – Peninei Halakha|access-date=2024-01-24}}</ref><ref>{{cite web|url=https://www.sefaria.org/Sotah.44a.6?lang=en|title=Sotah 44a.6 – sefaria.org|access-date=2024-01-24}}</ref><ref>{{cite web|url=https://www.sefaria.org/Pirkei_Avot.5.21?lang=en|title=Pirkei Avot 5.21 – sefaria.org|access-date=2024-01-24}}</ref><ref name="JELaws">{{cite web|url=https://www.jewishencyclopedia.com/articles/10435-marriage-laws|title=MARRIAGE LAWS – jewishencyclopedia.com|author=Solomon Schechter|access-date=2024-01-24}}</ref> The ] prohibits for a person to betroth his daughter to a man when she is still a minor, until she is matured and can say "I want to marry so-and-so", because a minor is "incapable of forming an opinion".<ref>{{cite web|url=https://www.sefaria.org.il/Kiddushin.41a.8?lang=en|title=Kiddushin 41a.8 – sefaria.org|access-date=2024-01-24}}</ref> | |||
However, in ] it is explained that an exception is added when girls ages 3 through 12 might be given to ] by their fathers under distressing situations of exile and persecution, but should be avoided when possible.<ref>{{cite web|url=https://www.sefaria.org/Shulchan_Arukh%2C_Even_HaEzer.37.8?lang=en|title=Shulchan Aruch, Even HaEzer 37:8 – sefaria.org|access-date=2024-01-24}}</ref> Nevertheless, it prohibited betrothal by intercourse, with the punishment being rabbinically decreed whiplashes,<ref>{{cite web|url=https://www.sefaria.org/Shulchan_Arukh%2C_Even_HaEzer.26.4?lang=en|title=Shulchan Aruch, Even HaEzer 26:4 – sefaria.org|access-date=2024-01-24}}</ref><ref name="JELaws" /> and emphasizes that both betrothal and marriage to minors is forbidden by rabbinic decree.<ref>{{cite web|url=https://www.sefaria.org/Shulchan_Arukh%2C_Even_HaEzer.43.1?lang=en|title=Shulchan Aruch, Even HaEzer 43.1-2 – sefaria.org|access-date=2024-01-24}}</ref> ] also states that the "deaf-mute", "insane", and "minors" are not fit agents for betrothal "because they are lacking in mental capacity", as such they cannot meaningfully consent.<ref>{{cite web|url=https://www.sefaria.org/Shulchan_Arukh%2C_Even_HaEzer.35.6?lang=en|title=Shulchan Aruch, Even HaEzer 35.6 – sefaria.org|access-date=2024-01-24}}</ref><ref name="JELaws" /> | |||
Moreover, ] in the ] strongly opposed a wide age gap between spouses in either direction (e.g., between a young man and an old woman, and vice versa),<ref>{{cite web|url=https://www.sefaria.org/Yevamot.44a.4?lang=en|title=Yevamot 44a – sefaria.org|access-date=2024-01-24}}</ref><ref>{{cite web|url=https://www.sefaria.org.il/Yevamot.101b.7?lang=en | |||
|title=Yevamot 101b – sefaria.org|access-date=2024-01-24}}</ref><ref>{{cite web|url=https://www.sefaria.org.il/Avot_D'Rabbi_Natan.23.4?lang=en|title=Avot D'Rabbi Natan 23:4 – sefaria.org|access-date=2024-01-24}}</ref> especially in the case of marrying off one's young daughter to an old man, which they declared as reprehensible as forcing her into prostitution.<ref name="Sanhedrin 76a.23-25">{{cite web|url=https://www.sefaria.org/Sanhedrin.76a.23-25?lang=en | |||
|title=Sanhedrin 76a 23-25 – sefaria.org|access-date=2024-01-24}}</ref> ] interpreted that ] forbids marrying off one's daughter to an old man because it might lead her to engage in adultery, and the father is fully responsible for causing that situation.<ref>{{cite web|url=https://www.sefaria.org/Sanhedrin.76b.2?lang=en | |||
|title=Sanhedrin 76b 2 – sefaria.org|access-date=2024-01-24}}</ref><ref name="Sanhedrin 76a.23-25"/> | |||
The ] also teaches that "those who marry minor girls who are not yet capable of bearing children" will "delay the coming of the ]."<ref>{{cite web|url=https://www.sefaria.org/Niddah.13b.5-7?lang=en|title=Niddah 13b.5-7 – sefaria.org|access-date=2024-01-24}}</ref><ref>{{cite web|url=https://ph.yhb.org.il/en/14-05-10/|title=The Age of Marriage for Women – Peninei Halakha|access-date=2024-01-25}}</ref> In ], ] equates child marriage to murder.<ref>], Version B, 48:66</ref> Also noteworthy is the teaching of the ] and ] that if a woman refuses intimacy because she is repulsed by her husband then "her husband should be compelled to divorce her immediately. For she is not like a captive, to engage in relations with one she loathes."<ref>{{cite web|url=https://www.chabad.org/library/article_cdo/aid/952888/jewish/Ishut-Chapter-Fourteen|title=Ishut 14:8 – Chabad.org|access-date=2024-01-24}}</ref><ref>{{cite web|url=https://www.sefaria.org/Ketubot.63b.7-8?lang=en|title=Ketubot 63b.7-8 – sefaria.com|access-date=2024-01-24}}</ref> | |||
== See also == | |||
* ] | |||
== References == | == References == | ||
* {{Citation|last=Lamm|first=Maurice|year= 2008|title=The Jewish Way in Love and Marriage|publisher=Jonathan David}} | |||
* {{Citation|last=Eisenberg|first=Ronald|year= 2005|title=The 613 mitzvot: a contemporary guide to the commandments of Judaism |url=http://books.google.com/books?id=maeV2EG_eZMC&dq|publisher=Schreiber Publishing}} | |||
{{Reflist}} | {{Reflist}} | ||
== Further reading == | |||
* {{Citation|last=Lamm|first=Maurice|date=1991|title=The Jewish Way in Love and Marriage|publisher=Jonathan David Publishers, Inc.|isbn=0-8246-0353-2}} | |||
* {{Citation|last=Eisenberg|first=Ronald|year= 2005|title=The 613 Mitzvot: A Contemporary Guide to the Commandments of Judaism |url=https://books.google.com/books?id=maeV2EG_eZMC|publisher=Schreiber Publishing|isbn=0-88400-303-5}} | |||
{{Halakha}} | {{Halakha}} | ||
{{Marital life in Judaism}} | |||
{{DEFAULTSORT:List |
{{DEFAULTSORT:List of Forbidden Relationships in Judaism}} | ||
] | ] | ||
] |
Latest revision as of 03:42, 25 October 2024
Forbidden relationships in Judaism (איסורי ביאה Isurey bi'ah) are intimate relationships which are forbidden by prohibitions in the Torah or rabbinical injunctions.
Some of these prohibitions—those listed in Leviticus 18, known as arayot (Hebrew: עריות)—are considered such a serious transgression of Jewish law that one must give up one's life, rather than transgress one of them. (This does not necessarily apply to a rape victim.) This is as opposed to most other prohibitions, in which one is generally required to transgress the commandment when a life is on the line.
Some of these prohibitions (such as those related to homosexuality), while still observed by Orthodox Jews, are currently observed to a lesser extent or not at all by some of the non-Orthodox movements.
Adultery
Main article: Thou shalt not commit adultery § In JudaismAdultery is prohibited by the seventh of the Ten Commandments (Exodus 20:12) which says simply:
- Thou shalt not commit adultery.
It is forbidden for a man to have sexual relations with a married woman not his wife. (Leviticus 18:20, 20:10)
According to Jeffrey H. Tigay in Encyclopedia Judaica (2007), "ADULTERY (Heb. נִאוּף, ni'uf; sometimes, loosely, זְנוּת, zenut; זְנוּנִים, zenunim; lit. "fornication, whoredom"). Voluntary sexual intercourse between a married woman, or one engaged by payment of the brideprice, and a man other than her husband." Tigay stated the same idea in the Jewish Study Bible (2014).
Michael Coogan says that in the Hebrew Bible, there is no prohibition of premarital or extramarital sex for men, except for adultery, i.e. having sex with the wife of another man. A man's sexual history was never an issue (thus no such thing as a virginity requirement for men); there was no ban on men having sex with unmarried women (including prostitutes).
Danya Ruttenberg in The Oxford Handbook of Jewish Ethics and Morality agrees with Tigay and Coogan. She states that although considered undesirable, the Jewish religious authorities admitted the reality of premarital sexual relationships, and were somewhat ambivalent about such relationships. Sara N.S. Meirowitz agrees will Ruttenberg, Tigay and Coogan.
Howard Tzvi Adelman recognizes there was a double standard in judging fornication in the works of Medieval rabbis: an unmarried woman who engaged in premarital sexual relationships was guilty of fornication, but an unmarried man was not.
According to the Queer Bible Commentary (2015), the Hebrew Bible does not say that lesbianism would amount to zenut/adultery. Statements by other scholars make such claim plausible.
Niddah
Main article: NiddahA man is not allowed to have sexual relations with a woman—including his wife—during and shortly after her menstrual period (Leviticus 18:19), until after she immerses in a mikveh. A woman who has experienced her menstrual period and has not gone to a proper mikveh is referred to as a niddah.
Religious intermarriage
Main article: Interfaith marriage in JudaismReligious intermarriage is forbidden in Judaism. There are differing opinions among the rabbis as to when the prohibition on sexual relations with non-Jews is from the Torah, and when it is rabbinic.
Incest
Main articles: Jewish views on incest and Incest in the BibleBiblical prohibitions
Sexual relations with certain close relatives are forbidden in the Hebrew Bible. Though they are generally called incestuous relations, the biblical list does not necessarily correspond to those prohibited under state laws. In the Hebrew Bible, sexual relationships between siblings are forbidden to Jews but permissible to Gentiles (non-Jews).
The relationships forbidden by Leviticus 18 are:
- One's genetic relative (Leviticus 18:6)
- One's mother (Leviticus 18:7)
- One's father (Leviticus 18:7)
- One's stepmother (Leviticus 18:8)
- One's paternal or maternal sister (Leviticus 18:9)
- One's paternal sister through one's father's wife (Leviticus 18:11)
- One's daughter (inferred from Leviticus 18:10. Talmud Gittin 83a also implies that the prohibition on marrying one's daughter is a matter of Torah law )
- One's granddaughter (Leviticus 18:10)
- A woman and her daughter (Leviticus 18:17)
- A woman and her granddaughter (Leviticus 18:17)
- One's aunt by blood (Leviticus 18:12–13)
- One's father's brother (uncle) (Leviticus 18:14)
- One's father's brother's wife (aunt) (Leviticus 18:14)
- One's daughter-in-law (Leviticus 18:15)
- One's brother's wife (sister-in-law) (Leviticus 18:16), with the exception of Yibum
- One's wife's sister (sister-in-law) during one's wife's lifetime, even if since divorced (Leviticus 18:18)
Rabbinically prohibited relationships
In addition to the relationships biblically prohibited to Jews, rabbis have gone further to prohibit additional relationships with various blood relatives or in-laws. These are called "Shni'ot" (secondary prohibitions or seconds). Some of these are:
- One's grandmother
- One's brother
- One's great-grandmother
- One's grandfather's wife
- One's great-grandfather's wife
- One's grandson's wife
Adopted children who are raised together are not permitted to marry because of appearances, even if they are not biologically related.
Exclusions from the assembly
The Bible excludes certain categories of people from taking part in the qahal (assembly) of HaShem. Jewish tradition considers this to be solely a limitation on marriage.
Biblical peoples
A Jew is prohibited from marrying a male Moabite and Ammonite convert (Deuteronomy 23:4); or an Egyptian or Edomite convert up to the third generation from conversion (Deuteronomy 23:8–9).
Nethinim/Gibeonites are prohibited by rabbinic injunction.
As the people currently living in those areas may not be descended from the original peoples, these prohibitions may not apply today.
Mamzer
Main article: MamzerA mamzer in Jewish law is a child resulting from an incestuous liaison or an adulterous liaison by a married woman. (This is not necessarily the same definition as a bastard by other societies, as it does not include a child of an unmarried woman.) As a mamzer is excluded from the assembly (Deuteronomy 23:3), the Talmud forbids a marriage by an ordinary Jew to a mamzer. However, a mamzer may marry a convert or another mamzer, though their child would also be considered a mamzer.
Certain eunuchs
Jewish tradition also forbids marriage to a man who has been forcibly emasculated; the Greek term spadon (σπάδων; Latin: spado) which is used to refer to such people, is used in the Septuagint to denote certain foreign political officials (resembling the meaning of eunuch). The Jewish prohibition does not include men who were born without visible testicles (conditions including cryptorchidism), or without a visible penis (intersex conditions can affect genital appearance). There is dispute, even in traditional Judaism, about whether this prohibited group of men should include those who have become, at some point since their birth, emasculated as the result of a disease.
Special rules for priests
Israelite priests (kohanim) are not allowed to marry:
- divorcees
- converts
- a woman who has had certain forbidden sexual relationships (such as the zonah in the Torah) (Leviticus 21:7)
- a woman who was born of the prohibited relations of a kohen (called a chalalah) (Leviticus 21:7)
- women captured during warfare
- a widow whose brother-in-law refused to perform a levirate marriage, and she consequently performs the Halitzah ceremony
Some of these prohibitions are biblical, and some are rabbinical.
The Kohen Gadol (high priest) must also not marry a widow (Leviticus 21:14). He is required to marry a virgin maiden (Leviticus 21:13). However, if he was married to a woman otherwise permitted to a kohen, and was then elevated to the high priesthood, he may remain married to her.
Homosexual acts
Main article: Homosexuality and JudaismOrthodox view
Orthodox Judaism interprets (Leviticus 18:22) as forbidding homosexual acts between two men, and calls it an abomination. (Leviticus 18:14 specifically prohibits such relationships with one's father or uncle.)
There is no punishment prescribed in the Torah for sex acts between two women (lesbianism), but rabbinic law has prohibited it as an extension of the "activities of (ancient) Egypt" (see Leviticus 18:3). Although the practice is not considered adultery in the formal sense, the Talmud (Yevamot 76a), in the name of Rav Huna, suggests that women engaged in such practices are forbidden to marry a priest of Aaron's lineage. Others posit that such relationships do not prohibit the woman unto a kohen, since it is merely an act of lewdness. However, such practices are still censured and are said to be an infringement of the prohibition, "You shall not do as they do in the land of Egypt" (Leviticus 18:3).
Conservative view
Conservative Judaism's Committee on Jewish Law and Standards has validated different approaches to homosexual acts, with one opinion being like the Orthodox position in many respects, and another opinion permitting many forms of homosexual sex, while continuing to regard anal intercourse between men as prohibited.
According to Conservative rabbi and Bible scholar Jacob Milgrom, the Torah prohibits men lying with men in illicit ways, that are incestuous or adulterous, but otherwise homosexual relations are allowed.
In 2012, the American branch of Conservative Judaism represented by the Rabbinical Assembly, devised a commitment ceremony for same-sex couples, though not defined as kiddushin. In 2014, the British group Masorti Judaism said it would support shutafut ceremonies for same-sex unions. In 2016, the Rabbinical Assembly passed a resolution supporting transgender rights.
Humanistic Judaism
In 2004, the Society for Humanistic Judaism issued a resolution supporting "the legal recognition of marriage and divorce between adults of the same sex", and affirming "the value of marriage between any two committed adults with the sense of obligations, responsibilities, and consequences thereof".
Reform view
Reform Judaism interprets Leviticus 18:22 as forbidding men from using sex as a form of ownership over men. Reform Jewish authors have revisited the Leviticus text, and ask why the text mentions that one should not lie with a man "as with a woman". If it is to be assumed that the Torah does not waste words, the authors ask why the Torah includes this extra clause. Most Reform Jews suggest that since intercourse involved possession (one of the ways in which a man "acquired" a wife was to have intercourse with her), similar to the Christian theology of using sex to "consummate" a marriage, it was abhorrent that a man might acquire another man—it is not the act of homosexual intercourse itself which is abhorrent, but using this act to acquire another man and therefore confuse the gender boundary.
Bestiality
Men and women are forbidden from engaging in bestiality. (Leviticus 18:23) It is considered an abomination according to the Torah.
Youth
The Sages taught that 18 is the ideal age to become married, and that before this age one should spend time studying scripture and getting their life in order. The Talmud prohibits for a person to betroth his daughter to a man when she is still a minor, until she is matured and can say "I want to marry so-and-so", because a minor is "incapable of forming an opinion".
However, in Shulchan Aruch it is explained that an exception is added when girls ages 3 through 12 might be given to betrothal by their fathers under distressing situations of exile and persecution, but should be avoided when possible. Nevertheless, it prohibited betrothal by intercourse, with the punishment being rabbinically decreed whiplashes, and emphasizes that both betrothal and marriage to minors is forbidden by rabbinic decree. Shulchan Aruch also states that the "deaf-mute", "insane", and "minors" are not fit agents for betrothal "because they are lacking in mental capacity", as such they cannot meaningfully consent.
Moreover, The Sages in the Talmud strongly opposed a wide age gap between spouses in either direction (e.g., between a young man and an old woman, and vice versa), especially in the case of marrying off one's young daughter to an old man, which they declared as reprehensible as forcing her into prostitution. Sanhedrin interpreted that Leviticus 19:29 forbids marrying off one's daughter to an old man because it might lead her to engage in adultery, and the father is fully responsible for causing that situation.
The Talmud also teaches that "those who marry minor girls who are not yet capable of bearing children" will "delay the coming of the messiah." In Avot de-Rabbi Nathan, Rashbi equates child marriage to murder. Also noteworthy is the teaching of the Talmud and Rambam that if a woman refuses intimacy because she is repulsed by her husband then "her husband should be compelled to divorce her immediately. For she is not like a captive, to engage in relations with one she loathes."
See also
References
- ^ Eisenberg 2005, p. 324.
- Rama and other commentaries on Shulchan Aruch II:157:1
- Tigay, Jefrrey Howard (23 May 2018). "Adultery". Encyclopedia.com. Retrieved 29 July 2024.
- Tigay, Jeffrery Howard (2007). "Adultery". In Skolnik, Fred; Berenbaum, Michael (eds.). Encyclopaedia Judaica. Vol. 1 (2nd ed.). Detroit: Macmillan Reference USA in association with the Keter Pub. House. p. 424. ISBN 978-0-02-865929-9. OCLC 70174939.
- Tigay, Jeffrey H. (2014). Berlin, Adele; Brettler, Marc Zvi (eds.). The Jewish Study Bible: Second Edition (2nd ed.). Oxford University Press. p. 142. ISBN 978-0-19-939387-9. Retrieved 29 July 2024.
In the Bible, adultery means voluntary sexual relations between a married or engaged woman and a man other than her husband or fiancé. It did not refer to the extramarital relations of a married man (in polygynous societies a wife might share her husband with other wives and did not have an exclusive right to him).
- 5 Questions with Professor Michael D. Coogan Archived 2011-09-19 at the Wayback Machine The Summit, 19 October 19 2010. New URL: http://admin2.collegepublisher.com/se/the-summit/opinion/5-questions-with-professor-michael-d-coogan-1.1716380 Archived 2011-09-19 at the Wayback Machine . Quote: "In ancient Israel, premarital sex by a woman was discouraged because in the patriarchal society of that time, a daughter was her father's property. If she was not a virgin her value--the bride price her father would get from a prospective husband--was diminished. Also, any child born to an unmarried woman would be fatherless--the Biblical term is "orphan"-- and so without either a male protector or any possibility of an inheritance, which was passed from father to son. There is no explicit prohibition in the Old Testament of premarital or extramarital sex by men except for adultery, which meant having sex with another man's wife."
- Coogan, Michael (October 2010). God and Sex: What the Bible Really Says (1st ed.). New York, Boston: Twelve. Hachette Book Group. p. 33. ISBN 978-0-446-54525-9. OCLC 505927356. Retrieved 5 May 2011.
- Coogan 2010, p. 103.
- ^ Ruttenberg, Danya (2016). "Jewish Sexual Ethics". In Dorff, Elliot N.; Crane, Jonathan K. (eds.). The Oxford Handbook of Jewish Ethics and Morality. Oxford Handbooks Series. Oxford University Press. pp. 384–385. ISBN 978-0-19-060838-5. Retrieved 26 July 2024.
- Meirowitz, Sara N.S. (2009). "Not Like a Virgin: Talking about Nonmarital Sex". In Ruttenberg, Danya (ed.). The Passionate Torah: Sex and Judaism. NYU Press. p. 173. ISBN 978-0-8147-7605-6. Retrieved 29 July 2024.
Although women are encouraged to be monogamous, preserving their virginity and procreative years for marriage, the man's concern is with his wife's purity status, not his sexual behavior or monogamy. The woman's virginity status is permanent, marked on her ketubah, marriage contract; the man's past history is entirely irrelevant.
- Adelman, Howard Tzvi (2009). "Virginity: Women's Body as a State of Mind: Destiny Becomes Biology". In Diemling, Maria; Veltri, Giuseppe (eds.). The Jewish Body: Corporeality, Society, and Identity in the Renaissance and Early Modern Period. Studies in Jewish history and culture / Studies in Jewish history and culture. Brill. p. 182. ISBN 978-90-04-16718-6. Retrieved 29 July 2024.
- Guest, Deryn; Goss, Robert E.; West, Mona (2015). The Queer Bible Commentary. SCM Press. p. 89. ISBN 978-0-334-05442-9. Retrieved 29 July 2024.
-
- Coogan 2010, p. 135: "Finally, the Hebrew Bible is silent about lesbian relationships, probably because they did not relate to patriarchy—or, for that matter, to paternity."
- Massey, Lesly F. (2015). Daughters of God, Subordinates of Men: Women and the Roots of Patriarchy in the New Testament. McFarland, Incorporated, Publishers. p. 100. ISBN 978-1-4766-2143-2. Retrieved 29 July 2024.
Lesbianism (called mesolelot) was known in ancient Judaism and was frowned upon. Homosexuality is among numerous sexual transgressions discussed in Leviticus 18 and 20 and described as an abhorrence (to'evah). Yet, it was thought by most rabbis that this was not the same degree of impropriety as intercourse with a male, because, so they assumed, there was no penetration in lesbian lovemaking.
- Alpert, Rebecca T. (2009). "Reconsidering Solitary Sex from a Jewish Perspective". In Ruttenberg, Danya (ed.). The Passionate Torah: Sex and Judaism. NYU Press. p. 185. ISBN 978-0-8147-7605-6. Retrieved 29 July 2024.
In the Hebrew Bible there is no same-gender sexuality for women and no allusion to female masturbation, whereas lying with a man as with a woman is famously prohibited twice in the Torah. Although later rabbinic texts pay little attention to the possibility that women indulge in solitary sex, they do approach lesbianism negatively. The transgression is still minor, however, compared to male homosexuality, and is not taken seriously.
- Velasco, Sherry (2011). Lesbians in Early Modern Spain. UPCC book collections on Project MUSE. Vanderbilt University Press. p. 19. ISBN 978-0-8265-1752-4. Retrieved 25 July 2024.
- Alpert, Rebecca (2007). "Lesbianism". In Skolnik, Fred; Berenbaum, Michael (eds.). Encyclopaedia Judaica. Vol. 12. Detroit: Macmillan Reference USA in association with the Keter Pub. House. pp. 660–661. ISBN 978-0-02-865940-4. OCLC 70174939.
- Frymer-Kensky, Tikva (31 October 2013). Bach, Alice (ed.). Women in the Hebrew Bible: A Reader. Routledge. p. 299. ISBN 978-1-135-23868-1.
- Shulchan Aruch, III:16:1–2 and commentaries
- Kiel, Yishai (2015). "Noahide Law and the Inclusiveness of Sexual Ethics: Between Roman Palestine and Sasanian Babylonia". In Porat, Benjamin (ed.). Jewish Law Annual. Vol. 21. Abingdon, Oxfordshire: Routledge. pp. 64–65. ISBN 978-0-415-74269-6.
- "Avodah Zarah 17a:5".
- "Yoma 69b:12".
- "Mishneh Torah, Negative Mitzvot 353".
- "Mishneh Torah, Foreign Worship and Customs of the Nations 10".
- "Mishnah Makkot 3:15".
- "Sanhedrin 64a:9".
- "Ibn Ezra on Leviticus 18:6:3". www.sefaria.org. Retrieved 23 April 2023.
- "Sforno on Leviticus 18:6:1". www.sefaria.org. Retrieved 23 April 2023.
- "Rabbeinu Bahya, Vayikra 18:6:1".
- "Bamidbar Rabbah 20:23".
- "Sanhedrin 53b:1".
- "Makkot 13b:3".
- "Keritot 2b:27". www.sefaria.org. Retrieved 23 April 2023.
- "Mishneh Torah, Negative Mitzvot 336".
- "Rashi on Deuteronomy 23:1:2".
- "Mishnah Yevamot 9:3".
- "Mishnah Keritot 3:5".
- "Mishneh Torah, Negative Mitzvot 335".
- "Talmud Bavli, Gittin 83a, 15".
- "The Yichud Prohibition- Part One: To Whom Does It Apply?". Koltorah.org. 16 November 2002. Archived from the original on 2 July 2013. Retrieved 10 September 2013.
- Yevamot 8:2
- Mishnah Yadayim 4:4; Rabbi Joseph Karo, Shulchan Aruch, Even HaEzer 4:10 and commentaries
- ^ Solomon Schechter. "MARRIAGE LAWS – jewishencyclopedia.com". Retrieved 24 January 2024.
- Yebamot, 4:13
- Maimonidies, Mishneh Torah, Sanctity, Laws of Sexual Prohibitions, 15:7–8
- Jacob ben Asher, Eben ha-'Ezer, 5
- Ketubot 22a; Ketubot 27a
- Yebamot 24a
- Eisenberg 2005, p. 327.
- Rabbi Joseph Karo, Shulchan Aruch, Even Ha-'Ezer 20:2
- Beit Sh'muel, Shulchan Aruch (Even Ha-'Ezer 20:12, based on Maimonides)
- Maimonides, Mishne Torah (Hil. Isurei Bi'ah 21:8)
- "Since illicit carnal relations are implied by the term miškĕbê ʾiššâ, it may be plausibly suggested that homosexuality is herewith forbidden for only the equivalent degree of forbidden heterosexual relations, namely, those enumerated in the preceding verses (D. Stewart). However, sexual liaisons occurring with males outside these relations would not be forbidden. And since the same term miškĕbê ʾiššâ is used in the list containing sanctions (20:13), it would mean that sexual liaisons with males, falling outside the control of the paterfamilias, would be neither condemnable nor punishable. Thus miskĕbê ʾiššâ, referring to illicit male—female relations, is applied to illicit male—male relations, and the literal meaning of our verse is: do not have sex with a male with whose widow sex is forbidden. In effect, this means that the homosexual prohibition applies to Ego with father, son, and brother (subsumed in v. 6) and to grandfather—grandson, uncle—nephew, and stepfather—stepson, but not to any other male." - Jacob Milgrom, Leviticus 17-22: A New Translation With Introduction and Commentary, Anchor Yale Bible vol. 3, Yale University Press, 2007, page 1569
- Sales, Ben (4 June 2012). "Conservative rabbinic group issues guidelines for same-sex wedding rituals". Jewish Telegraphic Agency. Retrieved 26 November 2021.
- "US Conservative Jews approve gay weddings". Ynet. The Associated Press. 2 June 2012. Retrieved 26 November 2021.
- Hoare, Liam (1 May 2015). "British Rabbis Play Matchmaker for LGBTQ Jews". Slate. Retrieved 26 November 2021.
- "Masorti Judaism says yes to same-sex ceremonies". Masorti Judaism (UK). 22 October 2014. Retrieved 26 November 2021.
- "The rabbis of Conservative Judaism pass a resolution supporting transgender rights". Washington Post. ISSN 0190-8286. Retrieved 26 November 2021.
- "Resolution Affirming the Rights of Transgender and Gender Non-Conforming People". Rabbinical Assembly. 6 April 2016. Retrieved 26 November 2021.
- "Society for Humanistic Judaism Supports Marriage Rights of Same-Sex Couples". April 2004. Archived from the original on 10 October 2013. Retrieved 19 November 2013.
- "homosexuality | contemporary-issues | a-to-z-of-reform-judaism- The Movement for Reform Judaism". Reformjudaism.org.uk. Archived from the original on 3 April 2013. Retrieved 10 September 2013.
- "The Age of Marriage for Men – Peninei Halakha". Retrieved 24 January 2024.
- "Sotah 44a.6 – sefaria.org". Retrieved 24 January 2024.
- "Pirkei Avot 5.21 – sefaria.org". Retrieved 24 January 2024.
- "Kiddushin 41a.8 – sefaria.org". Retrieved 24 January 2024.
- "Shulchan Aruch, Even HaEzer 37:8 – sefaria.org". Retrieved 24 January 2024.
- "Shulchan Aruch, Even HaEzer 26:4 – sefaria.org". Retrieved 24 January 2024.
- "Shulchan Aruch, Even HaEzer 43.1-2 – sefaria.org". Retrieved 24 January 2024.
- "Shulchan Aruch, Even HaEzer 35.6 – sefaria.org". Retrieved 24 January 2024.
- "Yevamot 44a – sefaria.org". Retrieved 24 January 2024.
- "Yevamot 101b – sefaria.org". Retrieved 24 January 2024.
- "Avot D'Rabbi Natan 23:4 – sefaria.org". Retrieved 24 January 2024.
- ^ "Sanhedrin 76a 23-25 – sefaria.org". Retrieved 24 January 2024.
- "Sanhedrin 76b 2 – sefaria.org". Retrieved 24 January 2024.
- "Niddah 13b.5-7 – sefaria.org". Retrieved 24 January 2024.
- "The Age of Marriage for Women – Peninei Halakha". Retrieved 25 January 2024.
- Avot de-Rabbi Natan, Version B, 48:66
- "Ishut 14:8 – Chabad.org". Retrieved 24 January 2024.
- "Ketubot 63b.7-8 – sefaria.com". Retrieved 24 January 2024.
Further reading
- Lamm, Maurice (1991), The Jewish Way in Love and Marriage, Jonathan David Publishers, Inc., ISBN 0-8246-0353-2
- Eisenberg, Ronald (2005), The 613 Mitzvot: A Contemporary Guide to the Commandments of Judaism, Schreiber Publishing, ISBN 0-88400-303-5
Halakha (Jewish religious law) | |
---|---|
Ethics | |
Ritual purity | |
Modesty | |
Agrarian laws | |
Halakhic principles |
|
Punishment | |
Related boxes |
Marital life in Judaism | ||
---|---|---|
Jewish wedding | ||
Prohibitions and Halakhot | ||
Women forbidden to their husbands | ||
Purity of a woman to her husband | ||
Jewish divorce |