Homosexuality in Jewish Law and Thought

(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. (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 יהוה. (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.

(13) 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—and they retain the bloodguilt.

(14) When a man enters into relations with a male or has a male enter into relations with him, once the corona is inserted [into the anus] they should both be stoned if they are both adults. As [Leviticus 18:22] states: "Do not lie with a man," [holding one liable for the act, whether] he is the active or passive partner.
If a minor of nine years and a day or more is involved, the man who enters into relations or has the minor enter into relations with him should be stoned and the minor is not liable. If the male [minor] was less than nine years old, they are both free of liability.45For sexual relations with a male below the age of nine are not of consequence. Nevertheless, it is forbidden to enter into such relations (the Rambam's Commentary to the Mishnah, Sanhedrin 7:4). It is, however, appropriate for the court to subject the adult to stripes for rebellious conduct for homosexual relations46Although he is not liable according to Scriptural Law, his act certainly warrants punishment that will discourage him from continuing this pattern of conduct. although his companion was less than nine years old.

(5) There are six illicit sexual relations forbidden to a Noachide:
a) his mother;
b) his father's wife;
c) a married woman;
d) his maternal sister;
e) a male;
f) an animal.
These prohibitions are derived from the verse Genesis 2:24: 'Therefore, a man shall leave his father and his mother and cling to his wife and they shall become one flesh.'
'His father' - alludes to his father's wife;
'his mother' - is to be understood simply;
'cling to his wife' - and not his colleague's wife;
'his wife' - and not a male;
'They shall become one flesh' - this excludes a domesticated animal, beast, or fowl for man can never become 'one flesh' with them.
The prohibition against relations with a maternal sister is derived from the verse Genesis 20:13: 'She is my sister, my father's daughter, but not my mother's. Thus, she became my wife.'

(1) We do not suspect Jewish men of lying with another man or with beasts. Therefore, we do not prohibit them from being alone with them, and if one wants to distance themselves from men or beasts, it is a praiseworthy thing. For the great sages (of old) used to keep beasts at a distance in order that they would not be alone with them. But in these generations because such corrupt people exist one should (therefore) try not be alone with a man.

(1) It is prohibited to spill seed needlessly and this sin is more severe than all Torah transgressions. For this reason a man should not thresh inside and sprinkle [his semen] outside [of a woman], and he should not marry a girl who is unable to have children.

(2) Those who 'commit adultery' with their hand and thereby cause semen to be spilled it is not enough that this is a great prohibition, but one who does so should sit in excommunication and about them it is said "Their hands are full of blood" and it is as if they have killed a person.

(3) It is forbidden for a man intentionally make himself have an erection or to cause himself to think about sex. Rather if he thinks about sex he should remove himself from vain things and go to the words of Torah which is like a beloved doe and a graceful deer. Therefore it is forbidden for someone to sleep on their back with his face up, rather he should lean to the side so that he doesn't come to have an erection. And he shouldn't look at a beast or a wild animal or bird when the male and females are copulating. But it is permitted for those who bring animals to mate to 'put the applicator in the tube' because that is their work and it won't cause them to have sexual thoughts.

(8) 8) If "As the deed of the land of Egypt and as the deed of the land of Canaan, you shall not do," I might think they should not build or plant as they do; it is, therefore, written (Joshua 11:15) "and in their statutes you shall not walk." I have proscribed for you only those statutes which were instituted for them and for their forefathers and for the fathers of their forefathers. What did they do? A man would wed a man, and a woman, a woman. A man would wed a woman and her daughter, and a woman would wed two — wherefore Scripture states "and in their statutes you shall not walk."

Rav Huna said: Women who rub against one another motivated by sexual desire are unfit to marry into the priesthood, as such conduct renders a woman a zona, whom a priest is prohibited from marrying. It was about this that Rava said that the halakha is not in accordance with Rav Huna’s opinion.

(8) Lesbian relations are forbidden. This is "the conduct of Egypt" which we were warned against, as [Leviticus 18:3] states: "Do not follow the conduct of Egypt." Our Sages said:22Sifra, commenting on the above verse. What would they do? A man would marry a man, a woman would marry a woman, and a woman would marry two men.
Although this conduct is forbidden,23By Scriptural Law. The verse is not merely cited as support for a Rabbinic injunction. lashes are not given for it, for it is not a specific prohibition24As stated in Sefer HaMitzvot (negative commandment 353), this is a general prohibition, including all types of forbidden sexual behavior. As stated in Hilchot Sanhedrin 18:2-3, lashes are not given for the violation of prohibitions that are of a general nature. and there is no intercourse at all. Therefore such women are not forbidden to marry into the priesthood as zonot, nor does a woman become prohibited to her husband because of this,25As would apply were this to be considered as adultery. for this is not considered harlotry.

And what blessing does one recite? He recites: Who has made us holy through His commandments and has commanded us to light the Hanukkah light. The Gemara asks: And where did He command us? The mitzva of Hanukkah is not mentioned in the Torah, so how is it possible to say that it was commanded to us by God? The Gemara answers that Rav Avya said: The obligation to recite this blessing is derived from the verse: “You shall not turn aside from the sentence which they shall declare unto you, to the right, nor to the left” (Deuteronomy 17:11). From this verse, the mitzva incumbent upon all of Israel to heed the statements and decrees of the Sages is derived. Therefore, one who fulfills their directives fulfills a divine commandment. Rav Neḥemya said that the mitzva to heed the voice of the Elders of Israel is derived from the verse: “Ask your father, and he will declare unto you, your Elders, and they will tell you” (Deuteronomy 32:7).

Rabbi Yirmeya ben Elazar said: When the Holy One blessed be He created Adam the first man, He created him androgynous. That is what is written: “He created them male and female” (Genesis 5:2). Rabbi Shmuel bar Naḥman said: When the Holy One blessed be He created Adam the first man, He created him with two faces,3That is, two conjoined bodies, male and female. and [subsequently] He sawed him in two4Separating the female part from the male part. and made [for] him two backs,

(18) God יהוה said, “It is not good for the Human to be alone; I will make a fitting counterpart for him.” (19) And God יהוה formed out of the earth all the wild beasts and all the birds of the sky, and brought them to the Human to see what he would call them; and whatever the Human called each living creature, that would be its name. (20) And the Human gave names to all the cattle and to the birds of the sky and to all the wild beasts; but no fitting counterpart for a human being was found. (21) So God יהוה cast a deep sleep upon the Human; and, while he slept, [God] took one of his sides*sides Heb. ṣela‘ot, trad. “ribs.” Cf. 1 Kings 6.34; Exod. 25.12; 26.20, 26–27, 35; 30.4. and closed up the flesh at that site. (22) And God יהוה fashioned the side that had been taken from the Human into a woman, bringing her to the Human. (23) Then the Human said,
“This one at last
Is bone of my bones
And flesh of my flesh.
This one shall be called Woman, so that they become one flesh.

(27) And God created humankind in the divine image,
creating it in the image of God—
creating them male and female. (28) God blessed them and God said to them, “Be fertile and increase, fill the earth and master it; and rule the fish of the sea, the birds of the sky, and all the living things that creep on earth.”

the world was created only for procreation, as it is stated: “He did not create it to be a waste; He formed it to be inhabited” (Isaiah 45:18)

(1) Every man is obligated to marry a woman in order to be fruitful, and to multiply and anyone who doesn't engage in being fruitful and multiplying is as if he spills blood, and lessens the appearance, and causes the divine presence to depart from Israel. Rem"a: He who does not marry is not allowed to make a blessing or to engage in Torah etc. and he is not called a man, and when he marries a woman, his sins are cast into doubt, as it is said: "One who has found a wife has found goodness and obtains favor in the eyes of God." (Proverbs 18:22)

(1) And this is the law of man—each person in Israel should not say in his heart/mind (heaven forefend): “what am I, what power do I have to effect anything in the world via my lowly actions?”

(2) Truthfully, one should understand and know and fix in his heart/mind’s112Heb.: leebo. Literally: his heart, but with the connotation of having both cognitive and emotional functions, and so we render it as heart/mind. thoughts, that every detail of his actions, speech and thoughts, in each instant and moment, are not for naught (heaven forefend). And how many are his actions and how great and exalted, that each one rises according to its root,113Rav Chayyim states here that each of our actions, spoken words and thoughts has a connection to a “root” located in the upper worlds, and that its effect in the upper worlds is based on that root. to effect its result at the loftiest heights, in the worlds and highest levels of the heavenly lights [*].114Heb.: ba-o-la-mote v’tzahkh-tza-khote ha-o-rote ha-elyoneem. Tzakhtza-khote may refer to the only partially accessible world of Ah-dahm Kadmone, which is above the world of Ahtzeeloot.

(3) Annotation: And it’s likely that this too is included in their (OBM) intention in Ahvote (2:1) “know what is above you”,115Heb.: meem-kha as if to say that your eyes don’t see the awesome situations caused by your actions. However, know reliably that all that is caused above in the higher worlds, highest of the highest, all is “from you”, according to inclination of your actions—by their commands116Heb.: pee-hem . Literally “their mouths”. they go and come.117Alluding to Bamidbar 27:21

(4) And verily, for the wise man who understands the veracity of this, his heart/mind will shiver within him with fear and trembling when he regards his no-good actions (heaven forefend), whence they arrive to ruin and destroy with a minor sin (heaven forefend) much more than Nebuchadnezzar and Titus.118Nebuchadnezzar and Titus were the generals in charge of the armies that destroyed the first and second Holy Temples respectively.

(5) For surely Nebuchadnezzar and Titus, via their actions, didn’t cause a single blemish or ruination above, because they have no place or root in the higher worlds that they could affect in any way via their actions.119Rav Chayyim differentiates here between the effects of those individuals who are considered as part of Israel and those who are not. It was only because of our sins that the greatness of heaven lessened and weakened (so to speak), God’s Temple was defiled (so to speak)—the heavenly Temple—and by way of this, Nebuchadnezzar and Titus were given power to lay waste to the earthly Temple, which is the counterpart of the heavenly Temple. As the sages said (Kohelet Rabba 1:43): “pre-milled flour did you mill.” After all, our sins ruined the upper dwelling, the lofty holy worlds, while they ruined only the lower dwelling.

(6) And King Dovid (OBM) who prayed (Tehillim 74:5): “and it seemed as when men wielded upward their axes in a tree thicket,”—he120“He” being the enemy. requested that it be thought of as if he destroyed up there (in the highest heavens); but in truth his actions didn’t have any effect there at all, as we discussed above.

(7) The heart/mind of a man who is of the holy nation121Rav Chayyim makes a more pointed distinction between the spiritual makeup of Israel and those who are not Israel. shall also tremble over this, that in his form he is comprised of all the powers and worlds, all of them, [*] as will be explained (God willing) later on in chapter 6 and in Gate 2 chapter 5, that they [emphatically] are the holy and the heavenly Temple.122Rav Chayyim states here that man’s form integrates all the powers and worlds, and corresponds directly to the form of the Holy Temple. He emphasizes this point in the following narrative. And man’s heart/mind, the body’s center, integrates it all, corresponding to the interior of the Holy of Holies, Center of the Settlement, the Foundation Stone, all of which integrate all the roots of holy sources just as it123“It” here meaning the heart/mind. does. And the sages (OBM) hinted at this in the Mishna, in the chapter dealing with morning prayers (Berakhot 28a): “intend your heart/mind towards the interior of the Holy of Holies.”

(8) In the Zohar (Sh’lakh 161a, end of page): “Come see that when the Holy One (blessed be He) created man in the world, He designed him according to a lofty and glorious plan, and gave him His power and driving force via his body in which therein rests his heart/mind. By this plan the Holy One (blessed be He) organized the world and made it one body. And the heart/mind that resides in the center, it is the driving force of everything and on it everything depends, and the hall in which resides the interior of the Holy of Holies, wherein is found the Sh’kheena,124The Sh’kheena (literally: “The Indwelling”—feminine gender) is God’s perceivable manifestation into this world. the ark cover, the cherubs and the ark. And here is the heart/mind of the entire earth and the world, and from there they are nourished.” (Refer to the source for the complete quote.)

(9) This being so, at the moment when a man strays to think in his hearts/minds125Echoing D’varim 6:5, the first paragraph of the Sh’ma. [plural] a thought that isn’t pure, related to adultery (God save us), he introduces a prostitute, the symbol of envy126Heb.: kin-ah in the house of the heavenly Holy of Holies, dreadful, in the holy, lofty worlds (heaven forefend), and increasing (God save us) the power of impurity and the “other side”127The term sitra akh-ra (“other side”) refers to the powers that oppose holiness in the world. in the house of the heavenly Holy of Holies, much more and even more than what the powers of impurity caused by Titus when he installed a prostitute in the interior of the Holy of Holies in the earthly Temple.

(10) And so it is with every sin that a person in Israel inserts into his heart/mind (heaven forefend), an unauthorized fire,128Heb.: eish za-ra (unauthorized fire) is a reference to Aharon’s sons Nahdahv and Ahvihu who died as a result of bringing unauthorized fire (see Va-yikra 10:1–3). via expressions of anger or other evil desires (may the Merciful save us), surely it is exactly as the matter about which is written (Yeshayahu 64:10): “Our Temple of holiness and beauty, where our fathers praised You, became a raging fire,” the Merciful One (blessed be His name) save us.

(11) And this is what God said to Yechezkel (43:7): “[this is] my throne’s place…, there I will dwell within Israel forever, and no longer will the house of Israel defile My holy name…, in their prostitution..., now they will distance themselves from their prostitution..., …and I will dwell within them forever.”

(12) Annotation: For the Tabernacle and the Holy Temple integrated all of the powers and worlds, and all the arrangements of holiness, all the buildings and treasuries, upper floors and rooms, and all the holy utensils, all are per an exalted template: tzellem, d’moot, model of the holy worlds, and the organization of the components of the Vehicle, they are those that Dovid and Shmuel the seer set in place, “all this in writing from God-YHV”H’s hand upon me, having made me understand all the works of the design” (Divrei Ha-yahmim 1 28:19).

(13) And the sages (OBM) said in Chapter Ei-zeh-hu M’komahn (Z’vahkhim 54:2): “why is it written ‘and he and Shmuel traveled and settled in Na-yote... in Ra-ma’? What is the matter of the relationship between Na-yote and Ra-ma? It’s that they settled in Ra-ma129Literally “a high place”. RaSh”Y explained: to determine from the Torah the place for the Holy Temple. and occupied themselves with the world’s beauty.130Heb.: noy-o And what is written in Tahn-khooma (at the beginning of P’koodei) that it is equal in importance to the creation of the world, and it enumerates there, in order, the general cases that occurred during creation, that they occurred also in the [construction of the] Tabernacle, and therefore the text wrote about B’tzal-el: “and I will fill him [with] the spirit-Ruakh of Elohi”m, with wisdom, understanding and knowledge” (Sh’mote 31:3). For with these three items the worlds were created, as is written (Mishlei 3:19) “YHV”H with wisdom founded the earth, established the heavens with understanding, [with knowledge the depths were split]…”. And refer to Zohar (P’koodei 221a and 231b) and in Zohar Cha-dash (T’rooma 35c)—refer there at length. And therefore the sages (OBM, B’ra-khote 55a) stated that B’tzal-el knew131Heb.: ya-da—using the term used for intimate knowledge to refine/combine132Heb.: l’tzareif the letters with which the heavens and earth were created.

(14) And therefore a man from the holy nation, who is also comprised of all the structures and processes of creation, and all the structures and processes of the Vehicle,133Heb.: merkava the totality of creation, he is also the model and plan of the Tabernacle and the Temple and all its utensils, organized according to the plan of the organs/limbs and components and sinews and all its powers. And therefore the Zohar details the entirety of the plans of the Tabernacle and its utensils, for they are all hinted at in man, a one-to-one correspondence.

(15) For this reason, definitely the focal point of holiness and the Holy Temple, and the appearance in a particular place of the Sh’kheena, is man. For if he makes himself as holy as is possible by fulfilling all of the commandments (for they are also dependent on their upper roots, in the components of the organs/limbs of the Stature,134Heb.: Shee-oor koma—the Stature is a description of the structure of creation in a manner that corresponds to the various parts of man’s upright form. so to speak, of the entirety of all the worlds taken together, and refer to Zohar T’rooma 162b “and you shall make the Tabernacle… this is the secret of the unity…”,—refer there in depth), then he becomes the actual Holy Temple, and within him is YHV”H (blessed be He), as is written (Yirmiya 7:4):” They [emphatic—three times] are the abode of YHV”H. And as they (OBM) said: “and I will dwell within them”—it does not say “among them” but rather “within them.”

(16) And this is what they (OBM) stated (K’toobote 5a): “The handiwork of the righteous is greater than the creation of the heaven and the earth. For about the handiwork of the heaven and the earth it is written (Yeshayahu 48:13) ‘Also, My hand has laid the foundation of the earth, and My right hand has measured out the heavens’,135This verse describes one hand being used. while regarding the righteous is written (Sh’mote 15:17): ‘With your hands You set up God’s-ADN”Y Holy Temple’.136This verse describes both hands being used.” They began with the actions of the righteous and concluded their proof with the Holy Temple, for in truth it is the righteous, as a result of their desirable actions before Him (blessed be He), that they [emphatic] are, in actuality, God’s Holy Temple.

(17) And based on this approach we can address the text (Sh’mote 25:8)“And they shall make me a Holy Temple... according to all that I have shown you… and so you shall do”. And our rabbis (OBM) derived (Sanhedrin 16:2) “and so you shall do for all generations.”

(18) And according to our method we can say also that it desires to convey: don’t think that My focus of intention is the external Holy Temple. Rather, you should know that the whole point of My intention regarding the physical design of the Tabernacle and all its utensils is only to provide a hint for you so that you should see, and then you should do likewise to yourselves, that you should in your actions be completely holy and worthy and ready for My Sh’kheena to actually settle within you. This is specifically “And they shall make me a Holy Temple and I will dwell within them”; [And regarding the verse] “that all I show you, the plans of the Tabernacle…”—My entire intention is that you should do the same with yourselves.

(19) And this is also what He (blessed be His name) said to Solomon after the building of the Holy Temple was completed (M’la-khim Alef 6:12): “this house that you are building” is only specifically “if you shall keep my commandments… and [then] I shall dwell within my nation Israel”.

(20) And for this reason, when they ruined the inner aspect of the Holy Temple within them, then the external Holy Temple no longer served its purpose and its foundations were destroyed (may the Merciful save us).

(21) And this is what the Name said to Yechezkel (43:10-11): “Tell the House of Israel about the Temple, and let them be ashamed of their iniquities…, and if they become ashamed of all that they have done, then make known to them the form of the Temple and its designs, its exits and entrances and all its forms and all of its laws, all its designs and all its teachings, and write them down in front of them, so that they may safeguard its entire form and all its rules and fulfill them.” And this is clear, and is according to his137Onkeloos, the author of the most widely used Aramaic translation of the Torah. translation: “and if they should be ashamed about all they have done in beholding the form of the Temple and its appearance… .”

(22) And from this will be understood what is written (Bereshit 2:7): “And God-Elohi”m formed man [from] dust..., and blew into his nostrils the soul-Neshama138Man’s soul consists of multiple parts. The Neffesh is the lowest part; it animates the body, allowing movement and action. The Ruakh is the next higher part; it relates to speaking. The Neshama is next higher; it relates to thought. They are rooted in successively higher spiritual worlds. Whenever a term is translated with the generic term “soul” we will also include the specific Hebrew term. of life, and man became a living soul-Neffesh.” The plain meaning of the text is definitely according to his translation: “and it was within man a speaking soul-Ruakh”, desiring to convey that when he was just a body, he was still actually dust without any life or movement. And when the soul-Neshama of life was blown within him, then he became a living person able to move about and speak. Refer to Nakhmanides’139Nakhmanides is Rabbi Moshe ben Nakhman (the RaMBa”N). commentary on the Torah.

(23) However, the text does not say “and it was in man” but rather “and it was the man.” For this reason there is room to explain it as we did, that the man with the living soul-Neshama that is within him, he becomes a living soul-Neffesh140Heb.: neffesh chayya for a multitude of worlds without number. For just as all the details of the body and its movements are by the power of the soul-Neffesh within him, so too man is the power, the living soul-Neffesh for all the higher and lower worlds without limitation, that he drives all of them.