Adultery

(13) You shall not murder. You shall not commit adultery. You shall not steal. You shall not bear false witness against your neighbor.

(1) לא תנאף THOU SHALT NOT COMMIT ADULTERY — The term ניאוף, “adultery”, is technically only applicable to the case of a married woman, as it is said, (Leviticus 20:10) […the wife of his neighbour], the נואף and the נואפת shall surely be put to death”, and it further states, (Ezekiel 16:32) “The woman that comitteth adultery, that taketh strangers instead of her husband”. (2) לא תגנוב THOU SHALT NOT STEAL — Scripture here is speaking about a case of one who steals human beings, whilst the command (Leviticus 19:11) “Ye shall not steal” speaks about a case of one who steals money (another person’s property in general). Or perhaps this is not so, but this speaks about the case of one who money and the other about the case of one who steals human beings! You must, however, admit that the rule applies: a statement must be explained from its context. How is it in regard to, “Thou shalt not murder” and “Thou shalt not commit adultery”? Each, speaks of a matter for which one becomes liable to death by sentence of the court; similarly, “Thou shalt not steal”, must speak of a matter for which one becomes liable to death by sentence of the court, and this is not so in the case of theft of money but only in that of kidnapping (Sanhedrin 86a; cf.Mekhilta d'Rabbi Yishmael 20:3:13).

(10) If a man commits adultery with a married woman—committing adultery with another man’s wife—the adulterer and the adulteress shall be put to death.

THOU SHALT NOT COMMIT ADULTERY. Many think that the term ni’uf (adultery) only applies to adultery because they found Scripture stating, asher yinaf et eshet re’ehu (even he that committeth adultery with his neighbor’s wife) (Lev. 20:10). What reason is there to state this, having just said, asher yinaf eshet ish (that committeth adultery with another man’s wife)? However, its meaning is not as they think. Now the previous verse reads, For whatsoever man there be that curseth his father or his mother shall surely be put to death; he hath cursed his father or his mother; his blood shall be upon him (Lev. 20:9). Its meaning is, he committed a great sin in cursing his parents who bore him. The same is true even of he that committeth adultery with his neighbor’s wife, whom he is obligated to love as himself. The word ni’uf refers to an illicit sexual act. Behold, we find that Scripture states, va-tinaf et ha-even ve-et ha-etz (and she committed adultery with stones and with stocks) (Jer. 3:9). However, it is unfit to discuss this abomination publicly. Saadiah Gaon says that there are many levels of illicit sexual acts. The least illicit level is sleeping with a virgin or widow. Next comes sleeping with one’s wife during her menstrual cycle, for she will be permitted to him in a few days. Then comes sleeping with someone else’s wife, for it is possible that her husband will die and she will be permitted to him. Next comes sleeping with a Canaanite woman, who does not follow Israelite law, without giving her seed, for it is possible that she will convert and he can then marry her. However, if he gives her seed then it is as if he himself is worshipping idols. Next comes sleeping with a male, which can never be permitted. Next comes bestiality, that is, intercourse with a nonhuman. The Gaon knew how to classify the various types of illicit intercourse, for Scripture decrees the penalty of karet for all of the illicit sexual acts listed in the Torah portion Achare Mot. Saadiah omitted intercourse with one’s mother, sister, and daughter from his list of different levels of illicit sexual acts.

It was stated⁹⁴Babli 46a, Sifry Deut. §237. In the interpretation of the Babli, R. Eliezer ben Jacob requires that the court hear testimony about virginal blood.: Rebbi Eliezer ben Jacob says, the words should be said as they are written. What means “the words should be said as they are written”? Rebbi Yose ben Rebbi Abun said, he is not guilty unless he marries her definitively, has intercourse⁷³In the Babli, 46a, this interpretation is attributed to R. Eliezer ben Jacob, in Sifry Deut. 235, to R. Jehudah, as dissenting opinions., and accuses her not to be a virgin. “They spread the cloth⁸⁸Deut. 22:17. It was proven that this sentence cannot mean what it says.”. Not that “they spread the cloth” but until the things become clear like a cloth⁹⁵Usually, new cloth was simply bleached, not dyed. חִװֵר really means “pale”; only in a derivative sense it means “logically consistent”.. Assi said, “they spread the cloth”, the witnesses are not stoned, nor is the husband flogged and pays 100 tetradrachmas, until they say: you were with us at a certain place⁹⁶This is necessary to prove the witnesses guilty of perjury, cf. Note 86., and the husband hired them to testify falsely⁹⁷This is necessary to impose penalties on the husband.. If they said, you were with us at a certain place, but they did not say, the husband hired them to testify falsely? Rebbi Yose ben Rebbi Abun, Rebbi Joḥanan in the name of Rebbi Simeon ben Laqish⁹⁸This attribution seems most unlikely. Since the argument is quoted in the Babli, 46a, as a tannaitic statement attributed to R. Jehudah, it is more likely that the original text was: In the name of R. Simeon ben Ioḥai.: It is said here “putting”, it is said there “putting”. Since “putting” there means money, also “putting” here must mean money⁹⁹The argument is a little more explicit in the Babli. It is written here, “he puts a libel on her”. It is written in Ex. 22:24: “you shall not charge interest to [the recipient of a loan].” From the principle that a word has only one meaning, one infers that the husband “puts” a libel on his wife by paying for it; then according to this opinion he cannot be punished unless he actually pays for the false testimony.. But did we not state: He did not say to the witnesses, come and testify in my case, but they came on their own, he is not flogged nor does he pay 100 tetradrachmas but either she or the false witnesses would be stoned⁴⁹The standard punishment for adultery by a preliminarily married adolescent, Deut. 22:24. If the witnesses for the husband are shown to be false (cf. Note 86), they are stoned since any false witness is punished by the sentence that would have been passed upon the accused if the testimony had been true.’¹⁰⁰The Babli agrees, 46a.? Because he did not say. But if he said, even if he did not hire them it is as if he hired them¹⁰¹This disagrees with the opinion given before. The husband must actively be involved in bringing the witnesses before the court but he does not have to pay them in order to become criminally liable. In general, a person who hires another to commit a crime (or simply induces him to commit a crime) cannot in general be prosecuted since “there is no agent for sin” (Babli Qiddušin 42b); exeptions to that rule must have a biblical basis.. If the father brought two groups of witnesses¹⁰²Who then are proven to have perjured themselves. (The Babli, Sanhedrin 9b, discusses only the simple case that the same witnesses testify both about the other witnesses and the husband’s involvment.). One side say, you were with us at a certain place. The other side say, the husband hired them to testify falsely. It is obvious that those who said, you were with us at a certain place, are stoned¹⁰³Since, if their testimony had been true, the husband’s witnesses would have been stoned., and those who said, the husband hired them to testify falsely, are flogged and pay 100 tetradrachmas¹⁰⁴Since they testify to the involvement of the husband in the prosecution of his wife.. Rebbi Yose ben Rebbi Abun said, neither by these not by those are they flogged and pay 100 tetradrachmas¹⁰⁴Since they testify to the involvement of the husband in the prosecution of his wife., but they are flogged because of “you shall not testify as a false witness against your fellow man.¹⁰⁶Ex. 20:17. The Babli disagrees, Makkot 2b, since “a prohibition violated without an action is not prosecutable” (cf. Nedarim 1:1, Note 2).”

THOU SHALT NOT MURDER. THOU SHALT NOT COMMIT ADULTERY. THOU SHALT NOT STEAL. He is stating: “Now I have commanded you to acknowledge in thought and in deed that I am the Creator of all, and to honor parents because they joined [Me] in your formation. If so, guard against destroying the work of My hands and spilling the blood of man, whom I have created to honor Me and acknowledge Me in all these matters. And do not commit adultery with your fellow-man’s wife, because you will thereby destroy the principle of honoring parents, [causing the children] to deny the truth and acknowledge falsehood. They will not know their fathers and will thus give their honor to another, just as the idol-worshippers do, who say to a block of wood, ‘thou art my father,’ and they do not know their Father who created them out of nothing.” After that, He warned against stealing a human being, for that too brings about a similar [disintegration of values].With respect to their stringency and penalties, the order of the commandments is as follows: after idolatry comes bloodshed, and after that adultery, and then stealing of a human being and false testimony and robbery; and he who does not covet, will never harm his neighbor. Thus, He completed all obligations that a person owes towards his neighbor. After that, [in the Seder of Mishpatim which follows], He will explain the ordinances in detail, for he who has been found guilty in any suit to pay his neighbor will pay the amount he is so obligated if he does not covet or desire that which is not his.Rabbi Abraham ibn Ezra wrote [of the commandment, Thou shalt not covet thy neighbor’s house… thy neighbor’s wife, nor his manservant, nor his maidservant, etc.], that Scripture adopted a normal course of life. First, it mentioned the neighbor’s house, for an enlightened person will first acquire a house, and then marry a woman to bring her to his house, and only afterwards will he acquire a manservant or a maidservant. But in the Book of Deuteronomy, it mentions the wife first, because young men desire to marry first [before they acquire a house]. It may be that because the coveting of a neighbor’s wife is the greatest sin of all things mentioned in that verse, [it is listed first].Thus, of the Ten Commandments, there are five which refer to the glory of the Creator and five are for the welfare of man, for [the fifth commandment], Honor thy father, is for the glory of G-d, since it is for the glory of the Creator that He commanded that one honor one’s father who is a partner in the formation of the child. Five commandments thus remain for the needs and welfare of man.In some commandments, He mentioned their recompense, and in others He did not. Thus, in the second commandment, He mentioned a jealous G-d; in the third, for the Eternal will not hold him guiltless; in the fifth, that thy days may be long. But in the others, He mentioned neither punishment [for transgression], nor reward [for fulfillment]. The reason for this is that the last five commandments deal with the welfare of man, and behold, His reward is with Him, and His recompense before Him. But in the case of idolatry, a warning of punishment is needed because of its great stringency, involving as it does the glory of the Creator.It appears to me that His saying a jealous G-d refers to the commandment, Thou shalt have no other gods, and that His saying, And He showeth mercy refers to I am the Eternal, for punishment comes for [transgressing] the negative commandments, and reward for [fulfillment of] the positive commandments. [He did not mention the reward immediately in the first commandment because] the acceptance of the Kingdom of G-d, [as mentioned in the first commandment], and the admonition against the worship of anything besides Him, constitute one subject. Therefore, He first finished that entire matter and then warned the idol-worshipper of punishment, and then He assured reward for he who fulfills the commandments.He warned of punishment in case of a vain oath, the Eternal will not hold him guiltless, but He mentioned no reward [for observing it]. For profaning the Sabbath, He mentioned neither excision nor any other punishment, neither did He mention a reward for him that keepeth the Sabbath from profaning it. This is because it is included in the first two commandments. He who observes the Sabbath testifies to the Creation and acknowledges his belief in the commandment, I am the Eternal, while he who profanes the Sabbath denies the Creation and admits the eternity of the universe, thereby denying the commandment, I am the Eternal. Thus, [the punishment for profaning the Sabbath] is included in: a jealous G-d, visiting the iniquity, while [the reward for he who keeps the Sabbath] is included in the verse, And He showeth mercy unto the thousandth generation. In the fifth commandment, which concerns the honor due to parents, He mentioned the reward because it is a positive commandment, [and as mentioned above, reward is for fulfillment of the positive commandments].With reference to the writing on the Tablets of law, it would appear that the first five commandments were on one Tablet, for they are for the glory of the Creator, as I have mentioned, and the second five commandments were on another Tablet. Thus there were five opposite five, something like the Rabbis mentioned in the Book of Creation: “With ten emanations, intangible, as is the number of ten fingers, five opposite five, and the Covenant of the Unity placed directly in the middle.” From this it will be made clear to you why there were two Tablets, for up to Honor thy father, it corresponds to the Written Torah, and from there on it corresponds to the Oral Torah. It would appear that it is this that our Rabbis, of blessed memory, have alluded to in saying that the two Tablets correspond to heaven and earth, to a groom and bride, to the two friends [of the groom and bride], and to the two worlds [this world and the World to Come]. All these constitute one allusion, and the person learned in the mystic lore of the Cabala will understand the secret.