The subject of homosexuality and Judaism dates back to the Torah. The book of Vayikra (Leviticus) is traditionally regarded as classifying sexual intercourse between males as a (something abhorred or detested) that could be subject to capital punishment by the contemporary Sanhedrin under halakha (Jewish law).
The issue has been a subject of contention within modern Jewish denominations, and has led to debate and division. Traditionally, Judaism has seen homosexual male intercourse as contrary to Judaism, not homosexuality in-and-of-itself. This opinion is often still maintained by Orthodox Judaism.
Conservative Judaism's Committee on Jewish Law and Standards, which until December 2006 held the same position as Orthodoxy, has since issued multiple opinions under its philosophy of pluralism; one opinion continues to follow the Orthodox position while another opinion substantially liberalizes the view of homosexual sex and relationships (while continuing to regard certain sexual acts as prohibited).
Theologically liberal branches such as Reconstructionist, Humanistic, and Reform Judaism have all openly accepted homosexuality, homosexual intercourse, and same-sex marriage.
Homosexuality in the Torah
The Book of Leviticus refers to male homosexual sexual practices twice (JPS translation):
Several commentators believe that the verses specifically condemn the practice of sodomy (i.e. anal intercourse between two males).Babylonian Talmud Sanhedrin 54a and b; Josephus, Against Apion 2.199; and Philo, Abraham 135. Some modern authors stating this view include ; ; ; ; ; ; ; ; and . Rabbinic thought supports this view, condemning homosexuality as an example of "unnatural intercourse" compared to the "natural intercourse" between non-related men and women. Intercourse in both scenarios only occurs if penetration exists.
Deuteronomy 23:17 tells followers: "None of the daughters of Israel shall be a kedeshah, nor shall any of the sons of Israel be a Kadesh." This has been interpreted as prohibiting the "sons of Israel" from serving as a homosexual temple prostitute in a pagan cult.
Rabbinic Jewish application and interpretation of these verses
Penetrative male homosexual relations The most severe prohibition regarding homosexual activity pertains specifically to penile - anal sexual intercourse between two males. This is the only homosexual act explicitly banned in the Torah - according to traditional rabbinic commentary, as well as the only homosexual act punishable by death, and the only one which renders the engagers divinely excommunicated (kareth). The act is regarded as a type of giluy arayot - the most strictly forbidden class of illicit sexual relations.
Prohibitions for homosocial interaction
Affectionate touch - negiah
The laws of prohibit affectionate touch between an unmarried man and woman (except close relatives), because this touch is considered "approaching" a forbidden relationship.Sifre, Acharei Mot, 13:2; Mishneh Torah, Issurei Biah 21:1; Maimonides and Nahmanides debate whether this law is biblical or rabbinic. As gay male sex is included in the category of along with other sexual prohibitions,Mishneh Torah, Issurei Biah 1:4 the prohibition of would seem to also apply between two gay men. Nevertheless, some sources raise the possibility that the law may be more lenient for two men than for a man and a woman.For example, Yosef Shalom Elyashiv (Kobetz Teshuvot 3:184): דווקא בבא על הזכר, אבל בבא דרך איברים על הזכר לא שייך איסור וחיוב מלקות על הקריבה... שהרי לדעת הרמב"ם בכלל איסור קריבה גם חיבוק ונישוק, ואיסור זה לא שייך באיש לאיש... אמנם ודאי חיבוק ונישוק זכר לזכר אין בכלל הלאו הנ"ל, ובזה יש לומר דהוי ליה כאב לבתו ואם לבנה... אבל בזכר הבא על אחר דרך איברים מנא לן לחלק בזה, והרי לפי המנחת חינוך בבא על הזכר חייב גם על הקריבה? אכן ממה שכתב הרמב"ם בפרק א' מאיסורי ביאה... וכתב המגיד משנה... משמע שאין בזה אלא איסור מדבריהם..." The consensus seems to be that touch between gay men which involves sexual desire is rabbinically forbidden, while touch which does not involve sexual desire (homoaffectivity) is permitted.Yonatan Rosensweig, התמודדות מקראית פרשנית הלכתית ומחשבתית עם משכב זכר
Seclusion - yichud
Another issue is the prohibition of - seclusion of two (and in some cases, more) individuals in a place or setting in which uninterrupted sexual activity could occur. The Talmud records a debate over whether applies to any two men.Mishna Kiddushin 4:14; Kiddushin 82a Maimonides, Tur, and Shulchan Aruch rule leniently that of two men is permitted, because "Jews are not suspected of homosexual sex".Mishneh Torah, Issurei Biah 22:2; Tur Even Haezer 24:1; Shulchan Aruch Even Haezer 24:1 Nevertheless, the Shulchan Aruch recommended to avoid such , "in these generations where promiscuous people are common" (possibly a reference to the use of Köçek dancer-prostitutes in the Ottoman Empire at the time). However, this recommendation was not repeated by later authorities.For example: Yam Shel Shlomo, Kiddushin 4:23; Rema, Yoreh Deah 153:1; Vilna Gaon, Yoreh Deah 153:3; Aruch Hashulchan, Even Haezer 24:6
Based on the precedents that can apply to two men in a circumstance where homosexual behavior is a concern, a modern halakhic authority rules that two men cannot be alone together if both of them are homosexual.דיני ייחוד לבעלי נטייה חד־מינית (p. 81-100) Opinions also exist that the prohibition only applies to two men who are in a relationship with each other, or that there is no technical prohibition at all if they are confident they can avoid forbidden touch (but they should still avoid sharing a bedroom).
Applicability of Biblical death penalty
Like many similar commandments, the stated punishment for willful violation was the death penalty, though minors under 13 years of age were exempt from this, as from any other penalty. However, even in Biblical times, it was very difficult to get a conviction that would lead to this prescribed punishment. The Jewish Oral Law states that capital punishment would be applicable only if two men were caught in the act of anal sex, if there were two witnesses to the act, if the men involved were warned that they committed a capital offense, and the two men—or the willing party, in case of rape—subsequently acknowledged the warning but continued to engage in the prohibited act anyway. In fact, there is no account of capital punishment, in regards to this law, in Jewish history.
Rabbinic tradition understands the Torah's system of capital punishment to not be in effect for the past approximately 2,000 years, in the absence of a Sanhedrin and Temple. The relative absence of anti-homosexual prosecutions is also linked to the Jewish belief that homosexuality did not exist in the community.
Classical rabbinic Jewish sources do not specifically mention that homosexual attraction is inherently sinful. In fact, the mental and emotional feelings two men experience when they engage in intimate relations are not condemned. However, they are condemned if intercourse, commonly interpreted as penetrative sex, occurs. If the man caught does (repentance), i.e., he ceases his forbidden actions, regrets what he has done, apologizes to God, and makes a binding resolution never to repeat those actions, he is seen to be forgiven by God.Maimonides, Mishneh Torah, Laws of Repentance, Chapter 2
Lesbian sexual activity Although lesbianism is not explicitly prohibited in the Hebrew Bible, sexual liaisons between women are forbidden by Orthodox rabbinical literature. The Talmud discusses tribadism (women rubbing genitals together, or ) without explicitly prohibiting it; the main concern was whether or not this activity removed their status as a virgin, making them ineligible to marry a member of the priesthood. However, the Sifra condemned marriage between two women, considering it within the category of licentious foreign behavior which is forbidden to Jews.Hebrew-English Bible Sifra, Acharei Mot 13:10 Following this lead, later halakhic codes prohibited tribadism on the same grounds.Mishneh Torah, Issurei Biah 21:8 Maimonides recommended flagellation as a penalty for lesbian acts, rather than the death penalty.Encyclopaedia Judaica | vol 9 | second edition | pg 518 | Homosexuality Lesbianism was considered a less serious offense than male homosexuality for a few reasons; most notably, lesbian sexual acts were not explicitly prohibited in the Torah and rabbinic scholars did not consider tribadism "true" intercourse. Since there is not necessarily penetration involved in lesbian sex, the sages did not believe that lesbianism impacted a woman's virginity or marriageability, and therefore lesbian activity was regarded as only a minor offense.
Same-sex marriage in Midrash
Sifra states: Like the deeds of the land of Egypt where you dwelt, you shall not do'—What would they do? A man would marry a man, a woman would marry a woman..."Sifra, on Leviticus 18:3
Nonetheless, some contemporary scholars believe that same-sex marriage is theoretically permissible because sanctifies the relationship between the spouses rather than the "sexual intimacies" they commit. The permissibility of same-sex marriage is also compared to the permissibility of marriage between a divorcee and a male descendant of a (priest). The latter is accepted by adherents of Conservative Judaism because they believe the ethical components of Judaism, exemplified by justice and compassion, trump the legal components.
Reasons for the prohibition
Reasons suggested by the rabbis for the prohibition on gay male sex include the following: The rationale for abstaining homosexuality extends beyond not emulating the Canaanitescf. Babylonian Talmud Yoma 67b It is considered a defiance of sexual anatomy, which is unlike God's intention of procreation and sexual activity; a similar list appears in The sexual arousal involved results in a vain emission of semen It may lead a man to abandon his family to pursue a homosexual relationshipTosafot, the Rosh and the Ran It is non-procreativePesikta Zutrasa; Nachmanides; Sefer HachinuchRabbi Joel Roth. Homosexuality rabbinicalassembly.org 1992. It blurs the lines between masculinity and femininity
Orthodox Jewish views
While a variety of views regarding homosexuality exist within the Orthodox Jewish community, Orthodox Judaism generally prohibits homosexual conduct. While there is some disagreement about which male homosexual acts violate core prohibitions, the majority of Orthodox Judaism puts male–male anal sex in the category of (lit. "die rather than transgress"). This is a small category of biblically-prohibited acts which an Orthodox Jew is obligated to die rather than do. While almost any Jewish law may be broken to save a life under the principle of pikuach nefesh, the sages determined that Jews must observe these laws, even at the cost of their own lives. According to the Talmud, homosexual acts are not necessarily forbidden between non-Jews, though same-sex marriage is forbidden.cf. Talmud (Chullin 92a) There are numerous references in the Torah to non-Jews engaging in homosexuality, including the EgyptiansSefaria – The Contemporary Torah, JPS, 2006.Homosexuality, human dignity and halakah – Rabbinical Assembly. and the Canaanites.Homosexuality and Halakah: A Second Look at the Sources – Rabbinical Assembly. Traditionally, Judaism only accepts heterosexual intercourse within marriage; some scholars have described adultery, celibacy, homosexuality, incest and bestiality as existing on a spectrum of wrongdoing.
In a speech given in 1986, the Lubavitcher Rebbe, Rabbi Menachem Mendel Schneerson, discussed "individuals who express an inclination towards a particular form of physical relationship in which the libidinal gratification is sought with members of one's own gender." He wrote that homosexuality should not be accepted as immutable, but rather treated medically.