Homosexuality and Judaism

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 ''to'eivah'' (something abhorred or detested) that can be subject to capital punishment by the currently non-existent 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 that homosexual male '' intercourse'', and not homosexuality in-and-of-itself, as contrary to Judaism, and this opinion is still maintained by Orthodox Judaism.

On the other hand, Reconstructionist Judaism and Reform Judaism do not hold this view, and allow both homosexual intercourse and same-sex marriage. But this goes against the Jewish religion. According to Leviticus 20:13: “If a man lies with a man as one lies with a woman, both of them have committed an abomination; they shall surely be put to death; their blood shall be upon them.” 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).

Allen Bennett became the first openly gay rabbi in the United States in 1978. Lionel Blue was the first British rabbi to publicly declare himself as gay, which he did in 1980.

Homosexuality in the Hebrew Bible

The Book of Leviticus refers to male homosexual sexual practices twice ( JPS translation):

:.וְאֶת-זָכָר, לֹא תִשְׁכַּב מִשְׁכְּבֵי אִשָּׁה — תּוֹעֵבָה הִוא
:"Thou shalt not lie with mankind, as with womankind; it is detestable."

:.וְאִישׁ אֲשֶׁר יִשְׁכַּב אֶת-זָכָר מִשְׁכְּבֵי אִשָּׁה — תּוֹעֵבָה עָשׂוּ שְׁנֵיהֶם. מוֹת יוּמָתוּ; דְּמֵיהֶם בָּם
:"And if a man lie with mankind, as with womankind, both of them have committed a detestable act: They shall surely be put to death; their blood shall be upon them."
:

Several commentators believe that the verses specifically condemn the practice of sodomy (i.e. anal intercourse between two males).

Deuteronomy 23:18 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.

Interpretations of homosexual relationships

The story of David and Jonathan is introduced in Samuel 1 (18:1), where it says that "Jonathan became one in spirit with David, and he loved him as himself". The feeling is expressed before the men exchanged a single word in an interaction that has been described as '' philia'' or love at first sight. The relationship between David and Jonathan has also been compared more explicitly to other ambiguously homoerotic or homosexual relationships in Near Eastern literature, including by the Near Eastern scholar Cyrus H. Gordon, who noted the instance in the Book of Jashar, excerpted in Samuel 2 (1:26), in which David "proclaims that Jonathan's love was sweeter to him than the love of a women" as being similar to Achilles' comparison of Patroclus to a girl and Gilgamesh's love for Enkidu "as a woman".

The story of Ruth and Naomi in the Book of Ruth is also occasionally interpreted as the story of a lesbian couple.

Rabbinic Jewish application and interpretation of these verses

Prohibitions for homosocial interaction

The laws of ''negiah'' prohibit affectionate touch between an unmarried man and woman (except close relatives), because this touch is considered "approaching" a forbidden relationship. As gay male sex is included in the category of ''arayot'' along with other sexual prohibitions, the prohibition of ''negiah'' 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. 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 is permitted.Yonatan Rosensweig, התמודדות מקראית פרשנית הלכתית ומחשבתית עם משכב זכר

Another issue is the prohibition of ''yichud'' (seclusion of two individuals together in a manner that would allow them to have sex). The Talmud records a debate over whether ''yichud'' applies to any two men. Maimonides, Tur, and Shulchan Aruch rule leniently, that ''yichud'' of two men is permitted, because "Jews are not suspected of homosexual sex". Nevertheless, the Shulchan Aruch recommended to avoid such ''yichud'', "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.

Based on the above precedents that ''yichud'' 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.

Classical rabbinic Jewish sources do not specifically mention that homosexual ''attraction'' is inherently sinful. However, someone who has had homosexual ''intercourse'' is considered to have violated a prohibition. If he does teshuva (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.

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 "nashim mesolelot") 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'' Following this lead, later halakhic codes prohibited tribadism on the same grounds. The penalty for lesbian acts was flagellation, rather than the death penalty.

Same-sex marriage in the Midrash and the Talmud

The Babylonian Talmud is one of the few ancient religious texts that makes reference to same-sex marriage: "Ulla said: Non-Jews itt. Bnei Noach, the progeny of Noahaccepted upon themselves thirty mitzvot ivinely ordered laws but they only abide by three of them: The first one is that they do not write marriage documents for male couples, the second one is that they don't sell dead umanmeat by the pound in stores, and the third one is that they respect the Torah.'"

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..."

Reasons for the prohibition

Reasons suggested by the rabbis for the prohibition on gay male sex include the following:
* 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 relationship
* It is non-procreativeRabbi Joel Roth
Homosexuality
''rabbinicalassembly.org'' 1992.

Orthodox Jewish views

While a variety of views regarding homosexuality as an inclination or status exist within the Orthodox Jewish community, Orthodox Judaism generally prohibits homosexual conduct. While there is some disagreement about which male homosexual acts come under core prohibitions, the majority of Orthodox Judaism puts male-male anal sex in the category of ''yehareg ve'al ya'avor'', "die rather than transgress", the small category of Biblically-prohibited acts (also including murder, idolatry, adultery, and incest) which an Orthodox Jew is obligated under the laws of Self-sacrifice under Jewish Law to die rather than do. According to the Talmud, homosexual acts are forbidden between non-Jews as well, and this is included among the sexual restrictions of the Noachide laws. The archetypal model in Judaism is marital heterosexuality with fornication, celibacy, adultery, homosexuality, incest and bestiality seen to be part of a continuous prism of wrong.

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 "society and government must be to offer a helping hand to those who are afflicted with this problem".

In a 2008 open letter distributed to Orthodox community leaders, the Hod organization appealed to the Orthodox community to recognize them as part of the religious society. This was sent to over 100 rabbis in 2008, and eventually was known as the "Document of Principles". Up to 2013, 163 Orthodox rabbis from Israel and abroad have signed this statement, among them: rabbi Yuval Cherlow, rabbi Binyamin Lau, rabbi Haim Navon, rabbi Daniel Sperber, rabbi Eliezer Melamed, rabbi Shai Piron

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