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Misva #209: The Prohibition Against Male Homosexual Relations

Misva #209: The Prohibition Against Male Homosexual Relations

FromSefer Hachinuch


Misva #209: The Prohibition Against Male Homosexual Relations

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
May 31, 2022
Format:
Podcast episode

Description

The Torah commands in Parashat Ahareh-Mot (Vayikra 18:22), “Ve’et Zachar Lo Tishkab Mishkebeh Isha, To’eba Hi” – “And you shall not sleep with a man in the manner of sleeping with a woman; it is an abomination.” The Sefer Ha’hinuch explains that G-d wishes that the world be populated, and He therefore commanded that a man must not waste his seed by having a homosexual relationship, which, quite obviously, cannot result in reproduction. Secondly, the Sefer Ha’hinuch writes, such an act is inherently “filthy, repulsive and unseemly in the eyes of all intelligent people.” As we were all created to the serve the Almighty, it is unfitting for someone to get involved in such unbecoming behavior. If two male adults engage in an intimate relationship, and the act was seen by two witnesses, then they are liable to Sekila (execution by stoning). If one of the two males is a child under the age of nine, then they have not transgressed the Biblical prohibition, but are liable to Malkut by force of Rabbinic enactment. If one is an adult and the other is a child between the ages of nine and twelve, then the adult is liable to Sekila and the minor is liable to Malkut by force of Rabbinic enactment. Amidst his discussion of this command, the Sefer Ha’hinuch addresses the unusual case of a man who has intercourse with an “Androginus” – a person with the Simanim (physical properties) of both a man and a woman. If a man commits a homosexual act with an “Androginus,” then he is guilty of transgressing this prohibition; if he commits a heterosexual act with an “Androginus,” then he does not violate this prohibition, but is liable to Malkut by force of Rabbinic enactment. The Sages enacted that one should not allow a child to be alone with an adult non-Jewish male, such as a private tutor, as a safeguard against this prohibition. This prohibition applies in all places and in all times. As mentioned, violations of this command in the presence of witnesses are punishable by Sekila. If no witnesses saw the act, then one is liable to Karet. If one transgressed unintentionally, then he must bring a Hatat (sin-offering). This prohibition is included among the Arayot (forbidden intimate relationships), and it thus applies also to gentiles, as the command of Arayot is among the seven Noachide laws which are binding upon all mankind. The only exception, as the Rambam writes, is an Ebed Kena’ani (gentile servant owned by a Jew), who is not bound by the Arayot prohibitions. An Ebed Kena’ani has begun the process of conversion but has yet to complete it, and he thus is considered neither a gentile nor a full-fledged Jew. As such, these commands do not apply to him.
Released:
May 31, 2022
Format:
Podcast episode

Titles in the series (100)

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