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'''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. 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>. '''Forbidden relationships in Judaism''' (Hebrew עריות Arayot, or איסורי ביאה Isurey bi'ah) are those intimate relationships which are forbidden per the various prohibitions in the ] and subsequent ] injunctions. Engaging in some forbidden relationships is considered such a serious sin in Jewish law that unlike most other ], in which one is allowed to transgress the commandment when a life is on the line, engaging in a forbidden relationship is forbidden, even when the alternative is death.<ref name = "mitzvot324">{{Harvnb|Eisenberg|2005|p=324.}}</ref>


== Bestiality == == With married women ==


* ] is forbidden (Lev. 18:20).
] is prohibited by the ] of the ]<ref name="Ex2219">{{bibleverse||Exodus|22:19|}}</ref>, and by the ] of ]<ref>{{bibleverse||Leviticus|18:23|}}</ref><ref name="Lev2015">{{bibleverse||Leviticus|20:15|}}</ref><ref name="Lev2016">{{bibleverse||Leviticus|20:16|}}</ref>; the prohibition occurs in two distinct parts of the latter, both of which emphasise that bestiality is prohibited both for men<ref name="Lev2015" /> and for women<ref name="Lev2016" />.
* A man is not allowed to have sexual relations with his wife - or any other woman - during the time of her ] (Lev. 18:19), until after she undergoes the proper cleansing procedures in a ].

Like the law code of the ]<ref name="PeakesEx2219">'']'', ad. loc.</ref>, the Covenant Code sets the ] as the punishment for the crime<ref name="Ex2219" />, although the Hittites made an exception, not present in the Covenant Code, for sexual intercourse with horses<ref name="PeakesEx2219" />. The second time the Holiness Code forbids bestiality, it goes further than the Covenant Code, insisting that not just the human perpetrators, but also the animal participants, should be killed if bestiality is committed<ref name="Lev2015" /><ref name="Lev2016" />; according to the Talmud, the purpose of also killing the animals involved was to obliterate all physical memory of the crime<ref>{{ISBE|article=crimes}}</ref>.


== Exogamy == == Exogamy ==
{{main|Interfaith marriage in Judaism}} {{main|Interfaith marriage in Judaism}}


The Biblical position on ] is somewhat unspecified, except in relation to intermarriage with a ], which the majority of the ] are depicted as criticising<ref>{{bibleverse||Genesis|24:2-4|}}</ref><ref>{{bibleverse||Genesis||26:34-35|}}</ref>. This attitude is formalised in the ], which forbids intermarriage with Canaanites<ref>{{bibleverse||Deuteronomy|7:3|}}</ref>. Marriage with other nationalities is forbidden by the Talmudic sages<ref>Kiddushin 68b</ref>. Two special classes of people in Israelite society - ] and ] - were regarded as ''foreigners'' in relation to this rule, and hence the Talmud forbids marriage to them.<ref>] 4:4</ref>. ] is forbidden in Judaism. In relation to intermarriage with a ] the prohibition is biblical,<ref>{{bibleverse||Genesis|24:2-4|}}</ref><ref>{{bibleverse||Genesis||26:34-35|}}</ref><ref>{{bibleverse||Deuteronomy|7:3|}}</ref>, while marriage with other nationalities is forbidden by the Talmudic sages.<ref>Kiddushin 68b</ref> Two special classes of people in Israelite society - ] and ] - were regarded as ''foreigners'' in relation to this rule, and hence the Talmud forbids marriage to them.<ref>] 4:4</ref>

However, intermarriage to non-Canaanites clearly occurs on several occasions in the ], and early parts of the ], without direct criticism; for example, ] is described as marrying the daughter of the king of ]<ref>{{bibleverse|2|Samuel|3:3|}}</ref>, and ] as having married ]<ref>{{bibleverse|2|Samuel|11:3|}}</ref>. Deuteronomy itself implies that intermarriage to ]ites or ] was acceptable, by permitting the grandchildren of such people to be treated as Israelites<ref>{{bibleverse||Deuteronomy|23:4-9|}}</ref>

According to the Talmud, marriage between a Jew and a convert to Judaism was not regarded as intermarriage<ref>Berakhot 28a</ref><ref>Kiddushin 5:4 (Tosefta)</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>.

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>. Nevertheless, in 1236 ] tried to break up such marriages<ref>Moses of Coucy, ''Sefer Mitzvot ha-Gadol'', 112</ref>


==Incest== ==Incest==
Line 25: Line 18:
* One's ] (Lev. 18:7) * One's ] (Lev. 18:7)
* One's ] (Lev. 18:8) * One's ] (Lev. 18:8)
* One's paternal or maternal ] (Lev. 18:9) * One's paternal or maternal ] (Lev. 18:9)
* One's paternal sister through one's father's wife (Lev. 18:11) * One's paternal sister through one's father's wife (Lev. 18:11)
* One's ] (inferred from Lev. 18:10) * One's ] (inferred from Lev. 18:10)
* One's ] (Lev. 18:10) * One's ] (Lev. 18:10)
* ] (Lev. 18:17) * ] (Lev. 18:17)
* A woman and her ] (Lev. 18:17) * A woman and her ] (Lev. 18:17)
* One's ] by blood (Lev. 18:13) * One's ] by blood (Lev. 18:12-13)
* One's ] (Lev. 18:14) * One's ] (Lev. 18:14)
* One's ] (Lev. 18:14) * One's ] (Lev. 18:14)
Line 39: Line 32:


=== Rabbinically prohibited relationships === === Rabbinically prohibited relationships ===
⚫ In addition to the relationships biblically prohibited to Jews, rabbis have gone further to prohibit certain additional relationships with various blood relatives and in-laws. These are called "Shni'ot" (secondary prohibitions). Some of these are:<ref name="mitzvot324"/>
* One's ]
* One's ]
⚫ * One's grandfather's wife
⚫ * One's ]'s wife
* One's grandson's wife


⚫ == Exclusions from the assembly ==
⚫ In addition to the relationships biblically prohibited to Jews, rabbis have gone further to prohibit certain additional relationships with various blood relatives and in-laws.<ref name="mitzvot324"/>. These additional relationships were termed ''seconds'' (Hebrew: ''sheniyyot''), and included the wives of a man's:
⚫ *]
⚫ *grandfather
*grandson


⚫ The Bible prohibits men from taking part in the ''] of ]'' if they are members of certain categories of people. Jewish tradition considers this to be solely a limitation on marriage.
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" />.


== Adultery == === Groups ===
Jewish people are prohibited from marrying with the following groups:
* Male ] and ] converts (Deut. 23:4)
* Egyptian converts up to the third generation (Deut. 23:8-9)
* ] converts up to the third generation (Deut. 23:8-9)


As the people currently living in those areas may not be be descended from the original peoples, these three prohibitions do not apply today.<ref>Rabbi ], ], III:4:10 and commentaries, Habahir edition, Leshem publishers</ref>
According to the ], and the ], ] is forbidden<ref>{{bibleverse||Leviticus|18:20|}}</ref><ref>{{bibleverse||Leviticus|20:10|}}</ref><ref>{{bibleverse||Deuteronomy|22:22|}}</ref>. In the ] of the ], it is required that a pregnant<ref>''Peake's commentary on the Bible'' ad loc</ref> woman suspected of adultery be subjected to the ], a form of ], if her husband had become fiercely ''jealous'' about the pregnancy (literally ''has the storm-wind of jealousy''), and there are not enough witnesses able to confirm the woman's guilt or innocence<ref>{{bibleverse||Numbers|5:11-31|}}</ref>.


=== Bastards ===
The punishment for wilful adultery, according to the Holiness Code, and the Deuteronomic Code, was essentially the death penalty, for both participants<ref>{{bibleverse||Leviticus|20:10|}}</ref><ref>{{bibleverse||Deuteronomy|22:22|}}</ref>. If ], the Holiness Code treats adultery more leniently, arguing that neither the woman nor her accomplice should be killed for the crime<ref name="Lev1920">{{bibleverse||Leviticus|19:20|}}</ref>; instead it would simply have the woman ]<ref name="Lev1920" />. The ] was abolished in 40 AD (as it was for all other crimes)<ref>''Sanhedrin'' 41</ref>, and 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" />.
{{main|Mamzer}}


⚫ The Talmud forbids marriage to a '']''.<ref>Yebamot, 4:13</ref> This includes children resulting from an incestuous marriage, and children resulting from ],<ref name="JELaws" /> but does not include the children of two unmarried people, who are not related to each other.<ref name="JELaws" /> A convert may marry a mamzer, but the children are still mamzerim.<ref>], ], Sanctity, Laws of Sexual Prohibitions, 15:7-8</ref>
⚫ == Exclusions from the assembly ==

⚫ The Bible prohibits men from taking part in the ''] of ]'' if they are members of certain categories of people. Jewish tradition considers this to be solely a limitation on marriage.

⚫ The Talmud forbids marriage to a '']''.<ref>Yebamot, 4:13</ref> This includes children resulting from an incestuous marriage, and children resulting from ],<ref name="JELaws" /> but does not include the children of two unmarried people, who are not related to each other.<ref name="JELaws" /> A convert may marry a mamzer, but the children are still mamzerim.<ref>], ], Sanctity, Laws of Sexual Prohibitions, 15:7-8</ref>


=== Spadones ===
Jewish tradition also forbids marriage to a man who has been forcibly emasculated; the ] term '']'', 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 including ]).<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> Jewish tradition also forbids marriage to a man who has been forcibly emasculated; the ] term '']'', 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 including ]).<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>


== Special rules for priests == == Special rules for priests ==
] are not allowed to marry:
The ] of ], requires that ] are free from all physical defects<ref>{{bibleverse||Leviticus|21:17|}}</ref>. On a related note, it insists that Israelite priests may not marry a divorcee, nor a prostitute (Hebrew: ''zonah''<ref>], , incorporating ] (1890) and ]'s Lexicon (1857)</ref>)<ref>{{bibleverse||Leviticus|21:7|}}</ref>, nor a ''dishonoured'' woman<ref>for the translation of the latter word as ''dishonoured'', {{EncyclopaediaBiblica|article=profane|section=Praetorium-Prophet (False)}}</ref> (Hebrew:''halala''; literally ''profaned'')<ref>{{bibleverse||Leviticus|21:7|}}</ref>.


* divorcees<ref name="JELaws" />
The Holiness Code goes on to demand that the ] must only marry a ] ''of his own people''<ref>{{bibleverse||Leviticus|21:13|}}</ref><ref>{{bibleverse||Leviticus|21:14|}}</ref>, spelling out that this excludes marriage to any of the people forbidden to an ordinary Israelite priest, and also forbids marriage to a widow<ref>{{bibleverse||Leviticus|21:14|}}</ref>. According to the regulations in the ], even ordinary priests should be forbidden to marry widows, unless the previous husband of the widow had also been a priest<ref>{{Bibleverse||Ezekiel|44:22|}}</ref>.The classical rabbis interpreted the biblical demand, that a high priest should marry a virgin ''of his own people'', as additionally banning marriage between a high priest and a ]<ref>{{bibleverse||Leviticus|21:17|}} (in the ], it is verse 14 instead)</ref>. However, if he was married to such woman prior to becoming high priest, he may remain married to her.
* ]<ref>{{bibleverse||Leviticus|21:17|}} (in the ], it is verse 14 instead)</ref>
* a woman who has had a forbidden sexual relationships (as with a married man or a Canaanite); such a woman is called a ] in the Torah) (Lev. 21:7)
* a woman who was born of the prohibited relations of a ] (called a ]) (Lev. 21:7)
* ]<ref>] 22a</ref><ref>Ketubot 27a</ref>
* a widow who's 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.
The Talmudic writers interpreted the biblical prohibition of the ''dishonoured'' (Hebrew: ''halala'') to forbid 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>. On the same basis, the Talmudic writers also forbade marriage between a priest and any ]<ref>] 22a</ref><ref>Ketubot 27a</ref>. 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.


The ] (high priest) must also not marry a ] (Lev. 21:14). Sexual relations with a widow outside of marriage are also forbidden (Lev. 21:15). He is required to marry a virgin maiden (Lev. 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.
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>).


== Homosexuality ==
==Forbidden sexual acts==

===Intercourse during menstruation===

Sexual intercourse with a ] woman is often regarded with disgust<ref name="PaulMenses">Paula Weideger, ''Menstruation and menopause : the physiology and psychology, the myth and the reality'', (1975), pages 126-127</ref>; the Torah is no different, as the Holiness Code twice prohibits it<ref>{{Bibleverse||Leviticus|18:19|}}</ref><ref>{{Bibleverse||Leviticus|20:18|}}</ref>. Israelite society is not the only culture with a formal prohibition against intercourse during menstruation; the ], for example, also strictly forbid it<ref>Beverly Strassmann, ''Predictors of fecundability and conception waits among the Dogon of Mali'' in ''American Journal of Physical Anthropology'' (1996), volume 105, pages 167-184</ref>.

=== Male-male sex acts ===
{{Main|LGBT topics and Judaism}} {{Main|LGBT topics and Judaism}}


⚫ ===Orthodox===
In the ], the ] of ] uses the phrase ''the bedding of a woman'' to refer to a specific act involving a man (Hebrew: ''ish'') and a 'male' (Hebrew: ''zachar''), which it forbids<ref>{{bibleverse||Leviticus|18:22|}}</ref>.

⚫ ====Orthodox====


Orthodox Judaism inteprets this regulation as forbidding all sexual acts between two (or more) males. Leviticus 18:14 specifically prohibits such relationships with one's father or uncle.<ref>{{Harvnb|Eisenberg|2005|p=327.}}</ref> Orthodox Judaism intepretates Leviticus 18:22 as forbiding men from lying with other men in the manner in which they would with a woman. Leviticus 18:14 specifically prohibits such relationships with one's father or uncle.<ref>{{Harvnb|Eisenberg|2005|p=327.}}</ref>


There are three reasons Orthodox rabbis give for ] being prohibited in Jewish law:<ref>{{Harvnb|Eisenberg|2005|p=325}}</ref> There are three reasons rabbis give for homosexuality being prohibited in Jewish law:<ref>{{Harvnb|Eisenberg|2005|p=325}}</ref>
# It is a defiance of gender anatomy, which is unlike God's intention of procreation and sexual activity # It is a defiance of gender anatomy, which is unlike God's intention of procreation and sexual activity
# The ] involved results in a vain emission of ] # The ] involved results in a vain emission of ]
# It may lead a man to abandon his family # It may lead a man to abandon his family


There is no explicit prohibition in the Torah against ]; however Jewish law prohibits it, under the category of "the activities of (ancient) Egypt (see Lev. 18:3)".<ref>Rabbi Joseph Karo, Shulchan Aruch, III:20:2</ref> However, it is not considered ], and does not prohibit the woman to a kohen.<ref>Beit Sh'muel, ad. loc. based on ]</ref>
⚫ ====Reform====


⚫ ===Reform===
⚫ Reform Judaisim interprets the regulation 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 'consumate' 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>http://www.reformjudaism.org.uk/a-to-z-of-reform-judaism/contemporary-issues/homosexuality.html</ref>


⚫ Reform Judaisim interpretates 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 'consumate' 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>http://www.reformjudaism.org.uk/a-to-z-of-reform-judaism/contemporary-issues/homosexuality.html</ref>
== Egyptian practices ==


== Animals ==
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.
Leviticus 18:23 specifically forbids both a man and a woman from engaging in ]. It is considered an ] according to the Torah.<ref name="mitzvot324"/>

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}}.


== Age == == Age ==
Rather than being seen as merely a literary device to quickly describe the populating of the earth, the biblical instruction to ''go forth and multiply''<ref>{{bibleverse||Genesis|1:28|}}</ref> was interpreted by the ] ]s to mean that it was the duty of every male Jew to marry as soon as possible<ref name="Maimonides212">], ''Minyan haMitzvot'', 212</ref>. Several ]ic rabbis urged that children should be married as soon as they had reached the average age of ], which was deemed to occur at 14 years of age<ref name="San76b">'']'' 76b</ref>; however, it was also strictly forbidden, by ], for parents to allow their children to marry before the children had reached this age<ref name="San76b" />. 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>
{{main|Marriagable Age in Judaism}}

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" />.

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>.

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.

⚫ == Inability to give consent ==
{{main|Moral agency in Judaism#Marriage}}


The classical rabbis saw 18 as the ideal age to become married<ref>'']'' 5:24</ref>, and anyone unmarried after the age of twenty was said to have been cursed by God<ref>'']'' 29b</ref>; ] frequently tried to compel an individual to marry, if they had passed the age of twenty without marriage<ref name="JELaws">''Jewish Encyclopedia'', ''Marriage Laws''</ref>. Nevertheless, the classical rabbis viewed study of the ] as a valid reason for remaining unmarried, although they were only rarely willing to regard life-long celibacy favourably<ref>''Yebamot'' 63b</ref>. Since the classical rabbis viewed marriage as a duty deriving from the instruction to ''go forth and multiply''<ref name="Maimonides212" />, they also believed that the duty to marry ended once the husband had fathered both a son and a daughter<ref name="Yeb61a">''Yebamot'' 61a</ref>; despite this, they also argued that no man should live without a wife even after he has several children<ref name="Yeb61a" />.
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.


⚫ === Ability to give consent ===
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:
Children, however, were not regarded as old enough to make an informed decision, and so could not consent to marriage themselves<ref name="JELaws" />, although marriage to a female child was still permissable if her father consented, whether she agreed to it or not<ref name="JELaws" />; if the father was dead, such consent could be given by her mother, or her brothers, but in this latter case the girl could annul the marriage when she reached the "''standard''" age of puberty (12), if she wished<ref name="JELaws" />.
*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>


The ], and ]s, were also regarded, by traditional Jewish law, as being unable to give their consent; indeed, marriage to such people was forbidden. However, the rabbis allowed deaf-mutes to marry each other.<ref name="JELaws" />
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" />.


== References == == References ==

Revision as of 12:02, 15 February 2010

Forbidden relationships in Judaism (Hebrew עריות Arayot, or איסורי ביאה Isurey bi'ah) are those intimate relationships which are forbidden per the various prohibitions in the Torah and subsequent rabbinical injunctions. Engaging in some forbidden relationships is considered such a serious sin in Jewish law that unlike most other negative commandments, in which one is allowed to transgress the commandment when a life is on the line, engaging in a forbidden relationship is forbidden, even when the alternative is death.

With married women

  • Adultery is forbidden (Lev. 18:20).
  • A man is not allowed to have sexual relations with his wife - or any other woman - during the time of her menstrual period (Lev. 18:19), until after she undergoes the proper cleansing procedures in a mikveh.

Exogamy

Main article: Interfaith marriage in Judaism

Exogamous marriage is forbidden in Judaism. In relation to intermarriage with a Canaanite the prohibition is biblical,, while marriage with other nationalities is forbidden by the Talmudic sages. Two special classes of people in Israelite society - Nethinim and Gibeonites - were regarded as foreigners in relation to this rule, and hence the Talmud forbids marriage to them.

Incest

Main articles: Jewish views of incest and Incest

As with most religions, incest is forbidden by Jewish religious law. However, the exact definition of incest does not necessarily correspond to the laws which western nations have against incest; in particular, they are not based on degree of relation. The Book of Leviticus outlines the categories of kinship which constitute "incest" according to Jewish religious law. As literally stated in Leviticus, they are:

Rabbinically prohibited relationships

In addition to the relationships biblically prohibited to Jews, rabbis have gone further to prohibit certain additional relationships with various blood relatives and in-laws. These are called "Shni'ot" (secondary prohibitions). Some of these are:

Exclusions from the assembly

The Bible prohibits men from taking part in the qahal of Hashem if they are members of certain categories of people. Jewish tradition considers this to be solely a limitation on marriage.

Groups

Jewish people are prohibited from marrying with the following groups:

  • Male Moabite and Ammonite converts (Deut. 23:4)
  • Egyptian converts up to the third generation (Deut. 23:8-9)
  • Edomite converts up to the third generation (Deut. 23:8-9)

As the people currently living in those areas may not be be descended from the original peoples, these three prohibitions do not apply today.

Bastards

Main article: Mamzer

The Talmud forbids marriage to a mamzer. This includes children resulting from an incestuous marriage, and children resulting from adultery, but does not include the children of two unmarried people, who are not related to each other. A convert may marry a mamzer, but the children are still mamzerim.

Spadones

Jewish tradition also forbids marriage to a man who has been forcibly emasculated; the Greek term spadones, 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 (conditions including hermaphroditism). 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 a forbidden sexual relationships (as with a married man or a Canaanite); such a woman is called a zonah in the Torah) (Lev. 21:7)
  • a woman who was born of the prohibited relations of a kohen (called a chalalah) (Lev. 21:7)
  • women captured during warfare
  • a widow who's 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 (Lev. 21:14). Sexual relations with a widow outside of marriage are also forbidden (Lev. 21:15). He is required to marry a virgin maiden (Lev. 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.

Homosexuality

Main article: LGBT topics and Judaism

Orthodox

Orthodox Judaism intepretates Leviticus 18:22 as forbiding men from lying with other men in the manner in which they would with a woman. Leviticus 18:14 specifically prohibits such relationships with one's father or uncle.

There are three reasons rabbis give for homosexuality being prohibited in Jewish law:

  1. It is a defiance of gender anatomy, which is unlike God's intention of procreation and sexual activity
  2. The sexual arousal involved results in a vain emission of semen
  3. It may lead a man to abandon his family

There is no explicit prohibition in the Torah against lesbianism; however Jewish law prohibits it, under the category of "the activities of (ancient) Egypt (see Lev. 18:3)". However, it is not considered adultery, and does not prohibit the woman to a kohen.

Reform

Reform Judaisim interpretates 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 'consumate' 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.

Animals

Leviticus 18:23 specifically forbids both a man and a woman from engaging in bestiality. It is considered an abomination according to the Torah.

Age

Rather than being seen as merely a literary device to quickly describe the populating of the earth, the biblical instruction to go forth and multiply was interpreted by the classical rabbis to mean that it was the duty of every male Jew to marry as soon as possible. Several Talmudic rabbis urged that children should be married as soon as they had reached the average age of puberty, which was deemed to occur at 14 years of age; however, it was also strictly forbidden, by classical rabbinical literature, for parents to allow their children to marry before the children had reached this age. 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

The classical rabbis saw 18 as the ideal age to become married, and anyone unmarried after the age of twenty was said to have been cursed by God; rabbinical courts frequently tried to compel an individual to marry, if they had passed the age of twenty without marriage. Nevertheless, the classical rabbis viewed study of the Torah as a valid reason for remaining unmarried, although they were only rarely willing to regard life-long celibacy favourably. Since the classical rabbis viewed marriage as a duty deriving from the instruction to go forth and multiply, they also believed that the duty to marry ended once the husband had fathered both a son and a daughter; despite this, they also argued that no man should live without a wife even after he has several children.

Ability to give consent

Children, however, were not regarded as old enough to make an informed decision, and so could not consent to marriage themselves, although marriage to a female child was still permissable if her father consented, whether she agreed to it or not; if the father was dead, such consent could be given by her mother, or her brothers, but in this latter case the girl could annul the marriage when she reached the "standard" age of puberty (12), if she wished.

The mentally handicapped, and deaf-mutes, were also regarded, by traditional Jewish law, as being unable to give their consent; indeed, marriage to such people was forbidden. However, the rabbis allowed deaf-mutes to marry each other.

References

  1. ^ Eisenberg 2005, p. 324.
  2. Genesis 24:2–4
  3. Genesis
  4. Deuteronomy 7:3
  5. Kiddushin 68b
  6. Yadayim 4:4
  7. Rabbi Joseph Karo, Shulchan Aruch, III:4:10 and commentaries, Habahir edition, Leshem publishers
  8. Yebamot, 4:13
  9. ^ Jewish Encyclopedia, Marriage Laws
  10. Maimonidies, Mishneh Torah, Sanctity, Laws of Sexual Prohibitions, 15:7-8
  11. Jacob ben Asher, Eben ha-'Ezer, 5
  12. Leviticus 21:17 (in the King James Version, it is verse 14 instead)
  13. Ketubot 22a
  14. Ketubot 27a
  15. Yebamot 24a
  16. Eisenberg 2005, p. 327.
  17. Eisenberg 2005, p. 325
  18. Rabbi Joseph Karo, Shulchan Aruch, III:20:2
  19. Beit Sh'muel, ad. loc. based on Maimonidies
  20. http://www.reformjudaism.org.uk/a-to-z-of-reform-judaism/contemporary-issues/homosexuality.html
  21. Genesis 1:28
  22. ^ Maimonides, Minyan haMitzvot, 212
  23. ^ Sanhedrin 76b
  24. Yebamot 44a
  25. Sanhedrin 76a
  26. Pirkei Abot 5:24
  27. Kiddushin 29b
  28. Yebamot 63b
  29. ^ Yebamot 61a
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