Parshat Acharei-Mot “Holy” Homophobia: The Possibilities and Politics of Reinterpretation

In Parshat Acharei-Mot (Lev. 16:1 - 18:30), we confront perhaps the most clearly homophobic verse in the Torah. In this Torah study, we will discuss contemporary reinterprets of this verse and then take a step back: what does it mean to reinterpret a text? How does it feel to try? Content warning: homophobia and sexual violence.

Blessing for Torah Study

Baruch atah Adonai, Eloheinu melech ha-olam, asher kid’shanu b’mitzvotav v’tzivanu la'asok b’divrei Torah. Blessed are You, Adonai our God, Sovereign of all, who hallows us with mitzvot, charging us to engage with words of Torah.

Beginning with Our Own Torah

1) Think of or imagine a moment when you felt, read, heard, or witnessed something hurtful and were later able to reinterpret the situation. What might you have gained from reinterpreting it? What might you have lost?

2) What does it mean to interpret something or someone generously?


Sexual "Purity" and "Holy" Homophobia

Questions to Consider

Who is God instructing? What are commonalities between different prohibitions? Do you see any themes? What prohibitions do you think are "good" and "bad"? How do you think verse 22 relates to the rest of the chapter?

(א) וַיְדַבֵּ֥ר ה' אֶל־מֹשֶׁ֥ה לֵּאמֹֽר׃ (ב) דַּבֵּר֙ אֶל־בְּנֵ֣י יִשְׂרָאֵ֔ל וְאָמַרְתָּ֖ אֲלֵהֶ֑ם אֲנִ֖י ה' אֱלֹקֵיכֶֽם׃ (ג) כְּמַעֲשֵׂ֧ה אֶֽרֶץ־מִצְרַ֛יִם אֲשֶׁ֥ר יְשַׁבְתֶּם־בָּ֖הּ לֹ֣א תַעֲשׂ֑וּ וּכְמַעֲשֵׂ֣ה אֶֽרֶץ־כְּנַ֡עַן אֲשֶׁ֣ר אֲנִי֩ מֵבִ֨יא אֶתְכֶ֥ם שָׁ֙מָּה֙ לֹ֣א תַעֲשׂ֔וּ וּבְחֻקֹּתֵיהֶ֖ם לֹ֥א תֵלֵֽכוּ׃ (ד) אֶת־מִשְׁפָּטַ֧י תַּעֲשׂ֛וּ וְאֶת־חֻקֹּתַ֥י תִּשְׁמְר֖וּ לָלֶ֣כֶת בָּהֶ֑ם אֲנִ֖י ה' אֱלֹקֵיכֶֽם׃ (ה) וּשְׁמַרְתֶּ֤ם אֶת־חֻקֹּתַי֙ וְאֶת־מִשְׁפָּטַ֔י אֲשֶׁ֨ר יַעֲשֶׂ֥ה אֹתָ֛ם הָאָדָ֖ם וָחַ֣י בָּהֶ֑ם אֲנִ֖י ה'׃ {ס}

(1) ה' spoke to Moses, saying: (2) Speak to the Israelite people and say to them: I ה' am your God. (3) You shall not copy the practices of the land of Egypt where you dwelt, or of the land of Canaan to which I am taking you; nor shall you follow their laws. (4) My rules alone shall you observe, and faithfully follow My laws: I ה' am your God. (5) You shall keep My laws and My rules, by the pursuit of which human beings shall live: I am ה'.

(ו) אִ֥ישׁ אִישׁ֙ אֶל־כׇּל־שְׁאֵ֣ר בְּשָׂר֔וֹ לֹ֥א תִקְרְב֖וּ לְגַלּ֣וֹת עֶרְוָ֑ה אֲנִ֖י ה'׃ {ס} (ז) עֶרְוַ֥ת אָבִ֛יךָ וְעֶרְוַ֥ת אִמְּךָ֖ לֹ֣א תְגַלֵּ֑ה אִמְּךָ֣ הִ֔וא לֹ֥א תְגַלֶּ֖ה עֶרְוָתָֽהּ׃ {ס} (ח) עֶרְוַ֥ת אֵֽשֶׁת־אָבִ֖יךָ לֹ֣א תְגַלֵּ֑ה עֶרְוַ֥ת אָבִ֖יךָ הִֽוא׃ {ס} (ט) עֶרְוַ֨ת אֲחֽוֹתְךָ֤ בַת־אָבִ֙יךָ֙ א֣וֹ בַת־אִמֶּ֔ךָ מוֹלֶ֣דֶת בַּ֔יִת א֖וֹ מוֹלֶ֣דֶת ח֑וּץ לֹ֥א תְגַלֶּ֖ה עֶרְוָתָֽן׃ {ס} (י) עֶרְוַ֤ת בַּת־בִּנְךָ֙ א֣וֹ בַֽת־בִּתְּךָ֔ לֹ֥א תְגַלֶּ֖ה עֶרְוָתָ֑ן כִּ֥י עֶרְוָתְךָ֖ הֵֽנָּה׃ {ס} (יא) עֶרְוַ֨ת בַּת־אֵ֤שֶׁת אָבִ֙יךָ֙ מוֹלֶ֣דֶת אָבִ֔יךָ אֲחוֹתְךָ֖ הִ֑וא לֹ֥א תְגַלֶּ֖ה עֶרְוָתָֽהּ׃ {ס} (יב) עֶרְוַ֥ת אֲחוֹת־אָבִ֖יךָ לֹ֣א תְגַלֵּ֑ה שְׁאֵ֥ר אָבִ֖יךָ הִֽוא׃ {ס} (יג) עֶרְוַ֥ת אֲחֽוֹת־אִמְּךָ֖ לֹ֣א תְגַלֵּ֑ה כִּֽי־שְׁאֵ֥ר אִמְּךָ֖ הִֽוא׃ {ס} (יד) עֶרְוַ֥ת אֲחִֽי־אָבִ֖יךָ לֹ֣א תְגַלֵּ֑ה אֶל־אִשְׁתּוֹ֙ לֹ֣א תִקְרָ֔ב דֹּדָֽתְךָ֖ הִֽוא׃ {ס} (טו) עֶרְוַ֥ת כַּלָּֽתְךָ֖ לֹ֣א תְגַלֵּ֑ה אֵ֤שֶׁת בִּנְךָ֙ הִ֔וא לֹ֥א תְגַלֶּ֖ה עֶרְוָתָֽהּ׃ {ס} (טז) עֶרְוַ֥ת אֵֽשֶׁת־אָחִ֖יךָ לֹ֣א תְגַלֵּ֑ה עֶרְוַ֥ת אָחִ֖יךָ הִֽוא׃ {ס} (יז) עֶרְוַ֥ת אִשָּׁ֛ה וּבִתָּ֖הּ לֹ֣א תְגַלֵּ֑ה אֶֽת־בַּת־בְּנָ֞הּ וְאֶת־בַּת־בִּתָּ֗הּ לֹ֤א תִקַּח֙ לְגַלּ֣וֹת עֶרְוָתָ֔הּ שַׁאֲרָ֥ה הֵ֖נָּה זִמָּ֥ה הִֽוא׃ (יח) וְאִשָּׁ֥ה אֶל־אֲחֹתָ֖הּ לֹ֣א תִקָּ֑ח לִצְרֹ֗ר לְגַלּ֧וֹת עֶרְוָתָ֛הּ עָלֶ֖יהָ בְּחַיֶּֽיהָ׃
(6) None of you men shall come near anyone of his own flesh to uncover nakedness: I am ה'. (7) *I.e., a husband and wife are one flesh (Gen. 2.24), even if he should die or divorce her. Your father’s nakedness, that is, the nakedness of your mother, you shall not uncover; she is your mother—you shall not uncover her nakedness. (8) Do not uncover the nakedness of your father’s wife; it is the nakedness of your father. (9) The nakedness of your sister—your father’s daughter or your mother’s, whether born into the household or outside—do not uncover their nakedness. (10) The nakedness of your son’s daughter, or of your daughter’s daughter—do not uncover their nakedness; for their nakedness is yours.*their nakedness is yours Meaning uncertain. (11) The nakedness of your father’s wife’s daughter, who was born into your father’s household—she is your sister; do not uncover her nakedness. (12) Do not uncover the nakedness of your father’s sister; she is your father’s flesh. (13) Do not uncover the nakedness of your mother’s sister; for she is your mother’s flesh. (14) Do not uncover the nakedness of your father’s brother: do not approach his wife; she is your aunt. (15) Do not uncover the nakedness of your daughter-in-law: she is your son’s wife; you shall not uncover her nakedness. (16) Do not uncover the nakedness of your brother’s wife; it is the nakedness of your brother.*See note at 18.7–8. (17) Do not uncover the nakedness of a woman and her daughter; nor shall you take [into your household as a wife] her son’s daughter or her daughter’s daughter and uncover her nakedness: they are kindred; it is depravity. (18) Do not take [into your household as a wife] a woman as a rival to her sister and uncover her nakedness in the other’s lifetime.
(יט) וְאֶל־אִשָּׁ֖ה בְּנִדַּ֣ת טֻמְאָתָ֑הּ לֹ֣א תִקְרַ֔ב לְגַלּ֖וֹת עֶרְוָתָֽהּ׃ (כ) וְאֶל־אֵ֙שֶׁת֙ עֲמִֽיתְךָ֔ לֹא־תִתֵּ֥ן שְׁכׇבְתְּךָ֖ לְזָ֑רַע לְטׇמְאָה־בָֽהּ׃ (כא) וּמִֽזַּרְעֲךָ֥ לֹא־תִתֵּ֖ן לְהַעֲבִ֣יר לַמֹּ֑לֶךְ וְלֹ֧א תְחַלֵּ֛ל אֶת־שֵׁ֥ם אֱלֹקֶ֖יךָ אֲנִ֥י ה'׃ (כב) וְאֶ֨ת־זָכָ֔ר לֹ֥א תִשְׁכַּ֖ב מִשְׁכְּבֵ֣י אִשָּׁ֑ה תּוֹעֵבָ֖ה הִֽוא׃ (כג) וּבְכׇל־בְּהֵמָ֛ה לֹא־תִתֵּ֥ן שְׁכׇבְתְּךָ֖ לְטׇמְאָה־בָ֑הּ וְאִשָּׁ֗ה לֹֽא־תַעֲמֹ֞ד לִפְנֵ֧י בְהֵמָ֛ה לְרִבְעָ֖הּ תֶּ֥בֶל הֽוּא׃ (כד) אַל־תִּֽטַּמְּא֖וּ בְּכׇל־אֵ֑לֶּה כִּ֤י בְכׇל־אֵ֙לֶּה֙ נִטְמְא֣וּ הַגּוֹיִ֔ם אֲשֶׁר־אֲנִ֥י מְשַׁלֵּ֖חַ מִפְּנֵיכֶֽם׃ (כה) וַתִּטְמָ֣א הָאָ֔רֶץ וָאֶפְקֹ֥ד עֲוֺנָ֖הּ עָלֶ֑יהָ וַתָּקִ֥א הָאָ֖רֶץ אֶת־יֹשְׁבֶֽיהָ׃ (כו) וּשְׁמַרְתֶּ֣ם אַתֶּ֗ם אֶת־חֻקֹּתַי֙ וְאֶת־מִשְׁפָּטַ֔י וְלֹ֣א תַעֲשׂ֔וּ מִכֹּ֥ל הַתּוֹעֵבֹ֖ת הָאֵ֑לֶּה הָֽאֶזְרָ֔ח וְהַגֵּ֖ר הַגָּ֥ר בְּתוֹכְכֶֽם׃ (כז) כִּ֚י אֶת־כׇּל־הַתּוֹעֵבֹ֣ת הָאֵ֔ל עָשׂ֥וּ אַנְשֵֽׁי־הָאָ֖רֶץ אֲשֶׁ֣ר לִפְנֵיכֶ֑ם וַתִּטְמָ֖א הָאָֽרֶץ׃ (כח) וְלֹֽא־תָקִ֤יא הָאָ֙רֶץ֙ אֶתְכֶ֔ם בְּטַֽמַּאֲכֶ֖ם אֹתָ֑הּ כַּאֲשֶׁ֥ר קָאָ֛ה אֶת־הַגּ֖וֹי אֲשֶׁ֥ר לִפְנֵיכֶֽם׃ (כט) כִּ֚י כׇּל־אֲשֶׁ֣ר יַעֲשֶׂ֔ה מִכֹּ֥ל הַתּוֹעֵבֹ֖ת הָאֵ֑לֶּה וְנִכְרְת֛וּ הַנְּפָשׁ֥וֹת הָעֹשֹׂ֖ת מִקֶּ֥רֶב עַמָּֽם׃ (ל) וּשְׁמַרְתֶּ֣ם אֶת־מִשְׁמַרְתִּ֗י לְבִלְתִּ֨י עֲשׂ֜וֹת מֵחֻקּ֤וֹת הַתּֽוֹעֵבֹת֙ אֲשֶׁ֣ר נַעֲשׂ֣וּ לִפְנֵיכֶ֔ם וְלֹ֥א תִֽטַּמְּא֖וּ בָּהֶ֑ם אֲנִ֖י ה' אֱלֹקֵיכֶֽם׃ {פ}

(19) Do not come near a woman during her menstrual period of impurity to uncover her nakedness. (20) Do not have carnal relations with your neighbor’s wife and defile yourself with her. (21) Do not allow any of your offspring to be offered up to Molech, and do not profane the name of your God: I am ה'. (22) Do not lie with a male as one lies with a woman; it is an abhorrence. (23) Do not have carnal relations with any beast and defile yourself thereby. Likewise for a woman: she shall not lend herself to a beast to mate with it; it is perversion. (24) Do not defile yourselves in any of those ways, for it is by such that the nations that I am casting out before you defiled themselves. (25) Thus the land became defiled; and I called it to account for its iniquity, and the land spewed out its inhabitants. (26) But you must keep My laws and My rules, and you must not do any of those abhorrent things, neither the citizen nor the stranger who resides among you; (27) for all those abhorrent things were done by the people who were in the land before you, and the land became defiled. (28) So let not the land spew you out for defiling it, as it spewed out the nation that came before you. (29) All who do any of those abhorrent things—such persons shall be cut off from their people. (30) You shall keep My charge not to engage in any of the abhorrent practices that were carried on before you, and you shall not defile yourselves through them: I ה' am your God.


Possibilities of Reinterpretation

"Male Homosexual Intercourse Is Prohibited – In One Part of the Torah - TheTorah.com" by Rabbi Dr. David Frankel (2017)

One of the common methods for dealing with this issue is to construe the texts as somehow saying something other than what they seem to be saying. Jacob Milgrom (1923-2010), who was both a leading Leviticus scholar as well as a Conservative rabbi, offers three different approaches.

Protecting Reproduction: First, he argues that the biblical prohibition reflects the concerns of a precariously fledgling nation with its own preservation through human reproduction. In other words, biblical law prohibits homosexual relations between men because they threaten to thwart reproduction through heterosexual relations. Following this interpretation of the law, Milgrom goes on to assert that it is not applicable in the world of today, which struggles with the challenges of overpopulation.

Only in Israel: Milgrom further argues that the prohibition is addressed to those living in the land of Israel and has no implications for the rest of the world. Obviously, this is hardly helpful for the people living in Israel.

Mirroring Heterosexual Prohibitions: Finally, Milgrom, following one of his students, suggests taking the prohibition of lying with a man “the lyings of a woman,” as referring to the prohibited heterosexual relationships mentioned earlier in the text. In other words, the text indicates that just as a man cannot have sex, for instance, with his uncle’s wife, so may he not have sex with the male counterpart to her, his uncle. Homosexual activity with a man from outside one’s family would then be permitted.

Other scholars have suggested alternative approaches to tackling this problem:

Violence or Degradation: Rabbi Steven Greenberg interprets the biblical prohibition of Lev 18:22 as concerned basically with the active partner. The phrase “lyings of a woman” is taken as a reference to sex as an expression of “humiliation and violence.” Following this, Rabbi Greenberg suggests that the verse considers it an abomination for a man to have sex with another man only when it is “for the perverse pleasure of demeaning another man.”

Ménages à Trois: Rabbi David Greenstein suggests that the phrase ואיש אשר ישכב את זכר refers to a man who lies with a woman together with another man (את זכר). These two men, who have heterosexual relations with the same woman at the same time, are condemned to death. The woman is not held accountable since she is considered a victim of rape.


Politics of Reinterpretation

"Returning to Mitzrayim (Parashat Acharei Mot) - Keshet" by Rabbi Rachel Barenblat (2008)

To many queers, verse 22 feels toxic and constricting. That a man lying with a man “as he lies with a woman” is abomination. I can’t connect this all-too-human injunction with the infinite expansiveness of God. Even though I like Rabbi Waskow’s reading (he suggests this text may be read as a prohibition against only those homosexual interactions that involve destructive power dynamics, or as a prohibition against sexuality conducted in ways that involve closing one’s eyes to who one’s sexual partner truly is) it feels to me like an equivocation, a way of selectively rereading the text to make it palatable. Maybe this text just isn’t palatable, and we should let it go, like we’ve let go of many of the other outmoded prohibitions in Leviticus. Maybe this text no longer reflects us, if it ever truly did.

(כב) בֶּן בַּג בַּג אוֹמֵר, הֲפֹךְ בָּהּ וַהֲפֹךְ בָּהּ, דְּכֹלָּא בָהּ. וּבָהּ תֶּחֱזֵי, וְסִיב וּבְלֵה בָהּ, וּמִנַּהּ לֹא תָזוּעַ, שֶׁאֵין לְךָ מִדָּה טוֹבָה הֵימֶנָּה:

Ben Bag Bag said: Turn it over, and [again] turn it over, for everything is in it. And look into it; And become gray and old in it; And do not move away from it, for you have no better portion than it.

Loving Our Own Bones: Disability Wisdom and the Spiritual Subversiveness of Knowing Ourselves Whole by Rabbi Dr. Julia Watts Belser, pg. 21-22 (2023)

Sometimes I believe [Ben Bag Bag]. But sometimes I am haunted by the enormity of absence, by a loneliness within the sea of Talmud, by the palpable weight of all the voices, all the worlds that are not there. Every time I name that grief, someone tries to tell me how to solve the problem Someone always jumps in to rescue the text, to explain all the ways that Torah and tradition can be read as kind of just or good. But those efforts to rescue the text leave the authority of the text in place. They reinscribe the power of text as the true arbiter of worth and value. That, I will not do…. If we cannot confront the violence, if we cannot come to the edge, look into the abyss, and feel the loss that is there, the anger, the grief, the rage––then we will end up doing harm, most likely wrapped in pious good intentions.

As a passionate queer Jewish feminist, as a proud disabled Jew, as a white person committed to disrupting white supremacy and all the interlocked structures of inequality that drive our world and ways of being, I will not try to paper over the times that text and tradition have let me down. But I also won’t assume that there is nothing here for me. I claim this tradition and am claimed by it. I shape it and am shaped by it. I child hold it close, and am held.


Ending with Our Own Torah

1) Return to that moment when you felt, read, heard, or witnessed something hurtful and later reinterpreted it. Why did you reinterpret it? Do you think reinterpreting it was necessary? How do you feel when you think about that moment now?

2) Return to thinking about interpreting something or someone generously. Is there a limit to the generosity? If so, how can one identify the limit? What could one do if they have reached that limit?