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'''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>
'''Forbidden relationships in ]''' include ], as interpreted by the ] of ], or by ], together with a number of other subsequent injunctions.


== With married women ==
==In the Bible==
{{main|Forbidden relationships in the Bible}}


* ] is forbidden (Lev. 18:20).
Historically, most tribal nations disliked ] - marriage to completely unrelated people<ref name="JewEncInce">{{Jewish Encyclopedia|article=Incest|url=http://www.jewishencyclopedia.com/view.jsp?letter=I&artid=126}}</ref>. 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 ], and ] later definitively ]<ref>{{bibleverse||Ezra|10:10-11|}}</ref><ref>{{bibleverse||Nehemiah|10:31|}}</ref>.
* 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 ].


== Exogamy ==
However, it was also possible to be too closely related, and the ] (twice), and the ] (once), list ]. These prohibit most ] relations involving just one degree of ] or of ], except for a relationship between a man and his own daughter<ref>{{bibleverse||Leviticus|18:7-11|}}</ref><ref>{{bibleverse||Leviticus|20:11-21|}}</ref><ref>{{bibleverse||Deuteronomy|22:30|}}</ref><ref>{{bibleverse||Deuteronomy|27:20-23|}}</ref>; the ] explains the absence of a biblical prohibition against the latter as being due to its ''obviousness''<ref>'']'' 3a</ref>. Apart from the questionable case of a man marrying his daughter, the result is roughly the same as the rules followed in early ] culture<ref name="JewEncInce" />.

] 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>.

As a ]<!--this is NOT a spelling mistake for 'polygamous'--> society, the Israelites did not exhibit any laws which imposed marital fidelity on men<ref name="CheyneAndBlackJeal">{{EncyclopaediaBiblica|article=Jealousy, Ordeal of|section=Jannaeus-Jerah}}</ref><ref name="JewEncAdu">{{Jewish Encyclopedia|article=Adultery|url=http://www.jewishencyclopedia.com/view.jsp?letter=A&artid=865}}</ref>. ] married women, and adulterous betrothed women, however, were subject to the ], by ], as were their male accomplices<ref>{{bibleverse||Ezekiel|16:40|}}</ref><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 ]. Nevertheless, these legal strictnesses (against women) failed to completely suppress adultery<ref name="CheyneAndBlackJeal" />; the ] indicate that it was a frequent occurrence, despite their strong protests against it<ref>{{bibleverse||Jeremiah|7:9|}}</ref><ref>{{bibleverse||Jeremiah|23:10|}}</ref><ref>{{bibleverse||Hosea|4:2|}}</ref><ref>{{bibleverse||Malachi|3:5|}}</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, but that for sexual intercourse with a menstruant is merely ]<ref name="Lev2018" />. The Holiness Code also bans, under penalty of death<ref>{{bibleverse||Leviticus|20:13|}}</ref>, an act which the ] refers to by the ] phrase '']''<ref>{{bibleverse||Leviticus|18:22|}}</ref> (literally ''the bed(chambers) of a woman''<ref>''The Dictionary of Classical Hebrew'', Volume 5 : ''Nun''-''Mem'', (Sheffield Academic Press, 2001), page 526</ref><ref>Daniel Boyarin, in ''Journal of the history of Sexuality'' Volume 5, pages 179-206</ref><ref>''Leviticus 18:22 and 20:13: Who is Doing What to Whom?'', in ''Journal of Biblical Literature'', 120/2 (2001) pages 201-20</ref><ref>Benjamin Cohen, in '']'', 29th September 2009 </ref>); the exact nature of this act, which involves a man (Hebrew: ''ish'') and a 'male' (Hebrew: ''zachar''), is heavily disputed, with opinions ranging from it being a reference to all ]{{cite needed}}, to it being merely homosexual ]<ref>Gareth Moore, ''A question of truth: Christianity and homosexuality'', (Continuum Books, 2003), page 81</ref><ref>Tobias Stanislas Haller, ''Reasonable and Holy: Engaging Same-Sexuality'', (Seabury Books, 2009) page 169</ref><ref>Arthur Kurzweil, '']'', (Wiley Publishing, 2008) page 110</ref><ref>''The Jewish quarterly''<!--NOT Jewish Quarterly Review-->, Volume 40, (Jewish Literary Trust, 1993), page 11</ref><ref>Gregg Drinkwater, Joshua Lesser, David Shneer, Judith Plaskow, ''Torah Queeries: Weekly Commentaries on the Hebrew Bible'', page 157</ref><ref>Patricia Beattie Jung, Ralph F. Smith, ''Heterosexism: an ethical challenge'', (State University press, 1993), page 71</ref>.

==In later Judaism==

In addition to the intimate relationships forbade by the Torah, both Karaite and Rabbinic Judaism forbid a number of other relationships.

In ], a form of Rabbinic Judaism which is now in the minority, some of the relationships forbade by the bible are regarded as such serious wickedness 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>.

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


] 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>
] 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" />.

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>.

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.

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 '']''.

===Consanguinuity and Incest===
{{main|Jewish views of incest}}

In the 4th century BC, the ] (''scribes'') 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<ref name="TosYeb23">] (]) 2:3</ref>:
*father's half-brother on their mother's side
*mother's half-brother on their father's side
*grandfather
*grandson

The classical rabbis prohibited marriage between a man and any of these ''seconds'' of his, on the basis that doing so would act as a ''safeguard'' against infringing the biblical incest rules<ref name="Yeb21a">Yebamot 21a</ref>.


==Incest==
There was however some debate as to which relationships, other than the four listed above, counted as ''seconds''. Some proposed the general principle that it would be acceptable to marry anyone only related to a "second" by a further marriage<ref name="Yeb21b" />; for example, a wife of a father-in-law (apart from the mother-in-law), or the stepson's daughter-in-law. However, ] interpreted this as forbidding even marriage to a wife's former husband's wife<ref name="TifYeb21" />. The early ] went even further, arguing that a married couple were to be considered legally as a single ], and therefore that a man was even prohibited from marrying the relatives of any subsequent husband of a divorced wife<ref name="JewEncInce" />.
{{main|Jewish views of incest|Incest}}


As with most religions, ] 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 ] outlines the categories of kinship which constitute "incest" according to Jewish religious law. As literally stated in Leviticus, they are:
What is clear, is that no opinion in the talmud forbids marriage to a cousin or a sister's daughter (a class of neice), and it even commends marriage to the latter<ref>Yebamot 62a</ref> - the closer relation of the two. The implied support for marriage between cousins appears to have historically been taken to heart; in 19th century ], the proportion of Jewish marriages occurring between cousins was 3.5 times higher than for the marriages of other religions<ref>Joseph Jacobs, ''Studies in Jewish Statistics'' (1885; reprinted 2008), ch. 1</ref>; in 19th century ] the proportion was twice as high as that for ]s, and 12 times higher than that for ]s<ref name="JewEncMar">{{Jewish Encyclopedia|article=marriage|url=http://www.jewishencyclopedia.com/view.jsp?letter=M&artid=213}}</ref>.
* One's ] (Lev. 18:7)
* One's ] (Lev. 18:7)
* One's ] (Lev. 18:8)
* One's paternal or maternal ] (Lev. 18:9)
* One's paternal sister through one's father's wife (Lev. 18:11)
* One's ] (inferred from Lev. 18:10)
* One's ] (Lev. 18:10)
* ] (Lev. 18:17)
* A woman and her ] (Lev. 18:17)
* One's ] by blood (Lev. 18:12-13)
* One's ] (Lev. 18:14)
* One's ] (Lev. 18:14)
* One's ] (Lev. 18:15)
* One's ] (Lev. 18:16)
* One's ] during one's wife's lifetime, even if since divorced (Lev. 18:18)


=== 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 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 ==
=== Adultery ===
{{main|Conjugal obligations and rights in Judaism#Fidelity}}


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.
In the classical era, the attitude of ]nic scholars was comparatively mild towards adultery<ref name="JewEncAdu" />, and 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" />; these rules made it practically impossible to convict any woman of adultery, and in nearly every case women were acquitted<ref name="JewEncAdu" />. As for the men who committed adultery (with another man's wife<!--rather than with an unmarried woman-->), ] and ] both argued that they would be condemned to ]<ref>''Sotah'' 4b</ref>.


=== Egyptian practices === === 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>
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.


=== Bastards ===
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> (] for why this would otherwise be an issue). Neither is such activity deemed to constitute ]<ref name="BeShALMaim" />; consequently, a lesbian affair is not regarded as ]{{cite needed}}.
{{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>
=== Age ===
{{main|Marriagable Age in Judaism}}


=== Spadones ===
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" />.
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 ==
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>.
] are not allowed to marry:


* divorcees<ref name="JELaws" />
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.
* ]<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.
=== Inability to give consent ===
{{main|Moral agency in Judaism#Marriage}}


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.
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.


== Homosexuality ==
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:
{{Main|LGBT topics and Judaism}}
*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>


===Orthodox===
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" />.


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>
=== 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-->


There are three reasons rabbis give for homosexuality being prohibited in Jewish law:<ref>{{Harvnb|Eisenberg|2005|p=325}}</ref>
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>.
# 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 ]
# 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>
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>.


===Reform===
=== Special rules for priests ===


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>
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>.


== Animals ==
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" />.
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"/>


== Age ==
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" />.
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>


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" />.
High priests were regarded by the classical rabbis as being subject to the same restrictions as priests, with the additional biblical prohibition against marrying widows. However, 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>..


=== Ability to give consent ===
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>). In the middle ages, several rabbis forced such men to divorce any wife prohibited by these rules, often by threatening ] if this was not done<ref>], ], 6, 7</ref>.
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" />.


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" />
==See also==
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== References == == References ==
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{{Halakha}} {{Halakha}}


{{DEFAULTSORT:List Of Forbidden Relationships In Judaism}}
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Revision as of 12:21, 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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