Breaking Down a Homophobic Torah

This week we will be taking a look back at another of the extreme positions we saw the Torah take on our sheet, "The Torah says What?!" Unlike last week's look into Ben Sorer u'Moreh, this week we won't look into the Mishnah to solve our problems with the Torah text, but rather we will delve straight into modern sources, both Liberal and Orthodox, to see how our Judaism becomes one of love, acceptance, and celebration of the LGBTQ+ community.

(כב) וְאֶ֨ת־זָכָ֔ר לֹ֥א תִשְׁכַּ֖ב מִשְׁכְּבֵ֣י אִשָּׁ֑ה תּוֹעֵבָ֖ה הִֽוא׃

(22) Do not lie with a male as one lies with a woman; it is an abhorrence.

ת"ש גדול כבוד הבריות שדוחה [את] לא תעשה שבתורה

Come and learn: So great is human dignity that it supersedes a negative commandment of the Torah.

Rabbi Mark L. Solomon was born and brought up in Sydney, Australia. He studied for the rabbinate at the Lubavitcher Yeshivah Gedolah in Melbourne and Kfar Chabad in Israel, then earned a BA (Hons) in English from Sydney University. He came to Britain in 1988 to study at Jews’ College, London, the modern Orthodox seminary where he was ordained in 1991. Having left Orthodoxy and joined Liberal Judaism, he completed an MA in Jewish Studies at Leo Baeck College, where he has taught since 1991, and is currently Senior Lecturer in Talmud, Rabbinics and Jewish philosophy.

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Rabbi Solomon is an honorary rabbi of the Jewish Gay and Lesbian Group, and one of the rabbinic team of BKY (Beit Klal Yisrael). He was the editor of “Covenant of Love: Service of Commitment for Same-Sex Couples”, published by Liberal Judaism in 2005 to coincide with the introduction of Civil Partnerships in British law – the first such liturgy published by any Jewish movement.

https://www.liberaljudaism.org/who-we-are/whos-who/rabbi-mark-solomon/

Rabbi Mark Solomon, Jewish explorations of sexuality

The fundamental conviction remains that G-d created me, and wills me to be, gay. What, then, of the divine will as expressed in Leviticus 18:22? A variety of responses is possible... sustained reflection on my situation led me, for the sake of religious and sexual survival with integrity, to reject the commandment altogether ... the logic of this position led me to revise my whole conception of the Torah, which I have come to regard not as the unmediated revelation of G-d's immutable will, but as an earthly record of the sustained encounter of our people with G-d, at times expressing the highest wisdom, beauty and goodness of which inspired humanity is capable, at others reflecting the prejudices and fallacies of a primitive and patriachal society -

Let's start with the Liberal and then we'll make our way to the Orthodox.

For each text please answer the following questions as a class:

  • Who is talking?
  • Who are the addressing?
  • Is there a reason they felt compelled to write on this matter now?
  • Is their's a Jewish argument or a secular/social argument?
  • Do you agree with them?

"WHEREAS justice and human dignity are cherished Jewish values, and WHEREAS, the institutions of Reform Judaism have a long history of support for civil and equal rights for gays and lesbians, and WHEREAS, North American organizations of the Reform Movement have passed resolutions in support of civil marriage for gays and lesbians, therefore WE DO HEREBY RESOLVE, that the relationship of a Jewish, same-gendered couple is worthy of affirmation through appropriate Jewish ritual . . ." - Ad Hoc Committee on Human Sexuality, CCAR, 1998.

LGBTQ Equality & Reform Jewish Values

https://reformjudaism.org/jewish-views-lgbt-equality

The organized Reform Jewish community is committed to securing civil rights for LGBTQ individuals. We are guided by the basic belief that all human beings are created b'tzelem Elohim, in the Divine image, as it says in Genesis 1:27,

"God created humans in God's image, in the image of God, God created them; male and female God created them."

As Jews, we are intimately acquainted with the effects of bigotry. Our ancestors knew both the continuing indignities of second-class citizenship and the constant fear of xenophobic violence; this history teaches us that discrimination against any members of a community threatens the security of the entire community.

The two Biblical texts that ppponents of equality most often cited are both found in the book of Leviticus. In a discussion of sexual behavior, the Israelite men are instructed,

"Do not lie with a male as one lies with a woman; it is an abhorrence" (Leviticus 18:22).

Later text reaffirms,

"If a man lies with a male as one lies with a woman, the two of them have done an abhorrent thing; they shall be put to death - their blood guilt is upon them" (Leviticus 20:13).

How can Jews resolve the apparent conflict between Leviticus's harsh prohibitions and the moral obligation to speak out against the injustices that afflict LGBT individuals? We can begin by remembering the verse that sits directly between the two: Leviticus 19:18 reads,

"You shall love your neighbor as yourself."

Leviticus approaches same-sex relationships as necessarily promiscuous, and possibly oppressive, because they never occurred in the context of loving families. The intent of these laws, then, is to forbid promiscuous relationships. Because the Torah does not directly address the issue of loving, monogamous, homosexual couples, we must turn to the more general ethical framework of the Torah for guidance. As Rabbi Harold Schulweis explains,

"Morality comes from reading the tradition in its entirety - not singling our particular verses or particular laws. It comes from highlighting the ethical rationale behind the laws, including the many interpretations of law, and it comes from wisdom, Jewish experience and history."

Elliot N. Dorff is an American Conservative rabbi. He is a Visiting Professor of Law at UCLA School of Law and Distinguished Professor of Jewish theology at the American Jewish University in California, author and a bio-ethicist.

https://en.wikipedia.org/wiki/Elliot_N._Dorff

"I, for one, cannot believe that the G-d who created us all produced a certain percentage of is to have sexual drives that cannot be legally expressed under any circumstances. That is simply mind-boggling -- and, frankly, un-Jewish . . . Furthermore, it seems to me that to ask gays and lesbians to remain celibate all their lives is not halakhically required. If gays and lesbians are right in asserting that they have no choice in being homosexual . . . then they are as forced to be gay as straights are forced to be straight . . . " - Rabbi Elliot Dorff, Matters of Life and Death, p. 145.

The Canaanites used homosexual acts as part of their pagan rituals. Therefore the Israelites were prohibited from doing this, not because it was an act between two men but because it was symbolic of pagan ritual. In today's world this prohibition now has no meaning [and homosexual sex is permitted]. - Rabbi Michele Brand Medwin

The biggest challenge to ’emunah’ of our time

By Rabbi Ari Segal, Head of School, Shalhevet High School (Orthdox HS for Girls)

September 14, 2016

In the wake of last summer’s horrific massacre at Pulse, a gay nightclub in Orlando, I wrote to the Shalhevet community about our responsibility to take active steps to create safer spaces for the LGBT community. Well, the moment has arrived. We can no longer sit on the sidelines. As individuals and as a community, we must tackle this issue head-on.

Haven’t We Come Far Enough? Between Tolerance and Acceptance

I have heard many people claim that we have already turned the tide on this issue insofar as the observant community demonstrates more tolerance and less explicit homophobia than ever before. While I agree, I fear that we may be slipping into a state of complacency on this issue. To put it plainly, “being nice” cannot serve as the end-goal. Basic kindness is but the starting point of human decency.

I certainly do not want to belittle the importance of our community’s increased sense of tolerance. But what’s next? Of course, halachic Jews will always be limited in the degree to which they accept homosexuality as normative. But we must find a place that goes beyond mere tolerance even as it may stop short of full-fledged acceptance. Our commitment to Torah and mitzvot not only allows, but requires, that effort.

The Greatest Challenge to Emunah in Our Time

This may surprise many adults, but the reconciliation of the Torah’s discussion of homosexuality represents the single most formidable religious challenge for our young people today. More young people are “coming out” than ever before, and that repeatedly puts a face to this theological challenge. These weighty issues do not live in the abstract; they powerfully and emotionally impact genuine individuals living in our Orthodox community, with real life families and friends. What may seem like an interesting sociological debate in truth is creating crushing pain, anxiety, and general turmoil for people about whom we care deeply.

As they go off to college, students invariably face the painful moral dilemma created by the seemingly intractable conflict: believing in the primacy and validity of the Torah on the one hand, and following their hearts’ sense of morality with regard to loving and accepting their gay friends – or perhaps “coming out” themselves—on the other. All too often, this earnest challenge results in our children quietly losing faith in the Torah as a moral way of life.

In my experience, many, if not most, 20 to 40-year olds in the modern Orthodox world struggle with the issue of homosexuality and the divinity of the Torah. They believe in a kind and just God and they want to believe in the divinity of the Torah. But at the same time they feel fairly certain that being gay is not a matter of choice. In the apparent conflict of these ideas, the first two premises seem to be losing ground. Students today do not find solace in the argument that the issue mirrors other questions of theodicy – children born with severe disabilities, tsunamis or other natural disasters, or the proliferation of cancer, for example. This generation by-and-large views this particular challenge to faith as irreconcilable.

Steering away from the issue might feel safe, but that avoidance is detrimental and dangerous. Rather than avoid, we must actively and thoughtfully engage. Even just taking those initial steps, I believe, will alleviate the burden of this theological struggle, and will help prevent those tempted to throw in the theological towel to circumvent the tension altogether. In other words, I believe that putting this issue front and center will, in the long run, bring our young people closer to Torah and halacha—not further away.

Mrs. Bronya Shaffer is a noted globetrotting lecturer on Jewish women's issues, and serves as a personal counselor and mentor for women, couples and adolescents. Mrs. Shaffer, a responder for Chabad.org’s Ask the Rabbi service, lives with her ten children in Crown Heights, Brooklyn.

Do Homosexuals Fit into the Jewish Community?

By Bronya Shaffer

Question:

According to Jewish law, how should a person react to homosexual feelings? Do homosexuals fit into the Jewish community?

Answer:

You ask about feelings and law. But feelings do not fall within the domain of law. A person feels what a person feels. Then he has the power to decide whether he will act upon those feelings or… not. This is the human experience: desire, longing, wanting…and the law. Part of our development from childhood to adulthood is creating for ourselves a moral compass. Something that's internal. That which tells us right from wrong. And that moral compass is comprised of myriad components, but must be firmly grounded, always, in a system of values.

For Jews, the all-encompassing system is Torah law. Torah law governs every single part of living. And from the body of Torah law emerges a system of values - general, societal and personal. Sometimes, it's easy; we feel an affinity, for example, to the laws of tzedaka, or we feel a strong connection to the laws of Shabbat or brit milah. And sometimes, we feel something quite the opposite - we feel estranged or disconnected or personally deeply at odds with a law.

We feel what we feel. Some feelings we can change, and some we can't. Sometimes what we feel is subject to modification, and sometimes it's not. Totally and unequivocally not. And yet, the law is absolute.

As much as we know about human sexuality, we don't yet know enough. We're all, as individuals and as a society, still learning. In the last half-century, we've come a long way in our understanding of human sexuality, and in redefining a cultural moral code. Some of what we've come to accept as a society is long, long overdue. And some of what we've come to accept undermines the very dignity of human sexuality. But, we're learning.

We do know this, though: we know that among other sexual behaviors, Torah law expressly forbids the specific act of male homosexuality.

And we do know this: Torah law forbids bigotry; homophobia is prohibited.

And we do know this: too many Jewish girls and boys, Jewish women and men, have suffered too much for too long. And we know that most of that suffering is caused by the environment around them. We do know this: when we become judges of another person, we behave contrary to Torah law.

And we do know this: A Jew belongs in a Jewish environment. Each of us, struggling or not, needs to be in a truly Torah-observant environment. And each of us is responsible for that environment - each of us is responsible for what we bring to that environment. When we bring ignorance, or cruelty or self-righteous judgment of others, we contribute to the sullying of a true Torah environment. When we bring the most ideal principles of ahavat Yisrael, respect for every individual, recognition of each individual's personal relationship with G‑d...when we bring the best of our humanity, as expected by Torah ideals, we contribute to a Torah environment that is healthy and wholesome.

Or perhaps your question is in regard to how we should react to the homosexual feelings of others? Or how we should react to someone who eats on Yom Kippur? Or someone who longs for the relationship with a man other than her husband? On this, the classic work known as the Tanya provides strong advice: Consider what it means to have such burning passions for forbidden fruit. Consider the day to day fierce and relentless battle demanded to conquer such passions. And then ask yourself, "Do I ever fight such a battle on my own ground?"

The Tanya continues to illustrate the many areas in which all of us can improve by waging at least a small battle on our own ground.

On your question concerning community: A Jew belongs within a Jewish community. There are no application forms and no qualification requirements. He's Jewish—that's where he belongs. Period. We all have our challenges, our shortcomings, our feelings...and our failures in battle as well...and with all that, we are a community of Jews.

"The Jewish values and principles which I regard as eternal, transcendent and divinely ordained, do not condemn homosexuality. The Judaism I cherish and affirm teaches love of humanity, respect for the spark of divinity in every person, and the human right to live with dignity. The G-d I worship endorses loving, responsible, and committed human relationships, regardless of the sex of the persons involved." - Janet Marder, "Jewish and Gay," Keeping Posted 32, 2; November, 1986.

Let's look at a story of one of our greatest kings from Tankah: Jonathan's Love for David It appears that Saul's armor-bearer, Jonathan, and David had atypical feelings of love for one another:
(א) וַיְדַבֵּ֣ר שָׁא֗וּל אֶל־יוֹנָתָ֤ן בְּנוֹ֙ וְאֶל־כָּל־עֲבָדָ֔יו לְהָמִ֖ית אֶת־דָּוִ֑ד וִיהֽוֹנָתָן֙ בֶּן־שָׁא֔וּל חָפֵ֥ץ בְּדָוִ֖ד מְאֹֽד׃
(1) And Saul spoke to Jonathan his son, and to all his servants, that they should slay David; but Jonathan Saul’s son delighted much in David.
(יז) וַיּ֤וֹסֶף יְהֽוֹנָתָן֙ לְהַשְׁבִּ֣יעַ אֶת־דָּוִ֔ד בְּאַהֲבָת֖וֹ אֹת֑וֹ כִּֽי־אַהֲבַ֥ת נַפְשׁ֖וֹ אֲהֵבֽוֹ׃ (ס)
(17) And Jonathan caused David to swear again, for the love that he had to him; for he loved him as he loved his own soul.
They even bound themselves to each other:
(א) וַיְהִ֗י כְּכַלֹּתוֹ֙ לְדַבֵּ֣ר אֶל־שָׁא֔וּל וְנֶ֙פֶשׁ֙ יְה֣וֹנָתָ֔ן נִקְשְׁרָ֖ה בְּנֶ֣פֶשׁ דָּוִ֑ד ויאהבו [וַיֶּאֱהָבֵ֥הוּ] יְהוֹנָתָ֖ן כְּנַפְשֽׁוֹ׃ (ב) וַיִּקָּחֵ֥הוּ שָׁא֖וּל בַּיּ֣וֹם הַה֑וּא וְלֹ֣א נְתָנ֔וֹ לָשׁ֖וּב בֵּ֥ית אָבִֽיו׃ (ג) וַיִּכְרֹ֧ת יְהוֹנָתָ֛ן וְדָוִ֖ד בְּרִ֑ית בְּאַהֲבָת֥וֹ אֹת֖וֹ כְּנַפְשֽׁוֹ׃ (ד) וַיִּתְפַּשֵּׁ֣ט יְהוֹנָתָ֗ן אֶֽת־הַמְּעִיל֙ אֲשֶׁ֣ר עָלָ֔יו וַֽיִּתְּנֵ֖הוּ לְדָוִ֑ד וּמַדָּ֕יו וְעַד־חַרְבּ֥וֹ וְעַד־קַשְׁתּ֖וֹ וְעַד־חֲגֹרֽוֹ׃

(1) And it came to pass, when he had made an end of speaking unto Saul, that the soul of Jonathan was knit with the soul of David, and Jonathan loved him as his own soul. (2) And Saul took him that day, and would let him go no more home to his father’s house. (3) Then Jonathan made a covenant with David, because he loved him as his own soul. (4) And Jonathan stripped himself of the robe that was upon him, and gave it to David, and his apparel, even to his sword, and to his bow, and to his girdle.