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There are changes in the wind. Some people may be happy,
some may be unhappy. Let's go directly to the Talmud to see its laws on
some social concerns.
Judith Levine, author of Harmful to Minors: The Perils of
Protecting Children from Sex, is a Jewish "bad guy." Critics
attacked Ms. Levine's book, saying it advocated sex between children and
adults. Newhouse News quoted Ms. Levine on the Roman Catholic pedophilia
scandal: "'Yes, conceivably, absolutely' a boy's sexual experience
with a priest could be positive."(19)Ms. Levine later said the reporter had misunderstood her.
Dr. Laura Schlessinger, radio talk show
host, is a Jewish "good guy." She is one of the most prominent
Orthodox Jews in America, and famous for her denunciation of homosexuality.
From her radio show, Dr. Laura attacked a study of pederasty, published
in Psychological Bulletin in 1998, claiming it advocated
sex between children and adults. The US House of Representatives went on to
pass a resolution unanimously rejecting the study. (19)
Dr. Laura with her husband, Dr. Louis Bishop, and her rabbi,
Dr. Moshe Bryski at the Chabad of Conejo in Agoura Hills, California.
An article in defense of Dr. Laura published in the Jewish
Homemaker states:
"Her approach has earned her the respect of her largely
Christian audience, which sees in her a kindred spirit. 'People have a
newfound respect and understanding for Judaism,' she says … How does
she reconcile Jewish law with her largely non-Jewish audience? 'I always
say to callers, according to Jewish law, this is the law; let's see how we
can extrapolate to your situation.' Dr. Laura admits that she is a novice
when it comes to the Jewish view of things. 'Sometimes during a break I
call Rabbi Bryski and say, "I have ten seconds; here's the situation.
What's the law?"' … She professes astonishment at her lack of
support from Orthodox Jewish quarters. 'I have been disappointed at how
silent the Orthodox community has been. The people to come to my defense,
and in defense of G-d's laws, have been basically Christian
Protestant.'" (33)
Perhaps the explanation for Dr. Laura's lack of Orthodox
support is that Jewish law permits and condones many of the behaviors Dr.
Laura and her Christian listeners condemn.
Orthodox Rabbi Daniel Lapin, author of America's
Real War and director of Toward Tradition, presents himself as a
Jewish "good guy" to conservative Christian audiences. He is a
favored speaker with Concerned Women for America (CWA), the Christian
Coalition, and similar groups. Those groups condemn homosexuality and
child-adult sex.
"For over three thousand years Jewish tradition and
Jewish law have been unambiguous about homosexuality: it is a
sin," (9) states Rabbi Lapin. However, Rabbi Lapin fails to
quote the Talmud law, which makes it clear that male homosexuality is not
an offense if the adult man uses a boy below the age of nine years and a
day. Homosexuality is only a capital offense when committed between
consenting adult males. Talmud law also authorizes adult men to have sexual
intercourse with girls three years old and younger.
Homosexual Couple. (15)Married in 1999, these consenting adults would be put to
death under Talmud law.
HE WHO COMMITS SODOMY WITH A MALE OR A BEAST, AND A WOMAN
THAT COMMITS BESTIALITY ARE STONED. (Sanhedrin 54a)
However, if a grown man were to have sexual relations with a
boy younger than nine, the man would incur no guilt.
Young Boy by Elisabeth Louise Vigee-Le Brun, 1817
Leviticus 18:22 prohibits a man lying with a man, but not
with a young boy. Thus the Talmud Sages reason:
Pederasty with a child below nine years of age is not deemed
as pederasty …Sanhedrin 54b
Rabbi Dr. Freedman, Talmud scholar and translator, explains
in his running commentary that "… if one committed sodomy with a child
of lesser age, no guilt is incurred."(13)
Image.(10)
Young Girl
In the world of the Talmud Sages, grown men have sexual intercourse
with girls younger than three years old. The young girls are wounded and
bleed from the activity, but the Talmud Sages were of the opinion that in
one so young, virginity comes back: "Intercourse with her is like
putting a finger in the eye," (Niddah 44b) and the tears come back again and again. Apparently, the
Sages attributed the repeated bleeding during copulations to the repeated
rupture of the regenerated hymen.
Another Sweet Baby
Come and hear! A maiden aged three years and a day
may be acquired in marriage by coition, and if her deceased husband's
brother cohabits with her, she becomes his. — Sanhedrin 55b
MISHNAH A girl of the age of three years and one day may be
betrothed by intercourse … (Niddah 44b)
Fillette à la Gerbe by Renoir,
1888
Regardless how young, the Talmud wife is required to carry
out her "marital duties" regularly and normally. Any problems are
consigned to the lap of G-d.
One who is under [eleven] or over [twelve] must carry on her
marital intercourse in a normal manner; so R. Meir. But the Sages ruled:
The one as well as the other carries on her marital intercourse in a normal
manner and mercy will be vouchsafed from heaven, for it is said in
Scripture, The Lord preserveth the simple. — Niddah 45a
Man Holding Baby, showing relative sizes
R. Simeon b. Yohai stated: A proselyte who is under the age
of three years and one day is permitted to marry a priest, for it is
said, But all the women children that have not known man by lying with
him, keep alive for yourselves, and Phinehas [a High Priest] surely was
with them …
There was a certain town in the Land of Israel the legitimacy of whose
inhabitants was disputed, and Rabbi sent R. Romanos who conducted an
enquiry and found in it the daughter of a proselyte who was under the age
of three years and one day, and Rabbi [Judah the Prince] declared her
eligible to live with a priest.
Rev. Dr. Israel W. Slotki adds in a footnote: "I.e.,
permitted her to continue to live with her husband." — Yebamoth 60b
Rabbi Yitzchok Adlerstein is the director
of Project Next Step of the Simon Wiesenthal Center in Los Angeles and a
professor of Jewish Law and Ethics at Loyola Law School. Rabbi Adlerstein
writes:
"… many of the pressing moral, ethical, and legal
issues that are front-burner today were already painstakingly and lovingly
considered by savants of the past. Jewish law in particular surprises and
delights moderns, because it not only suggests solutions, but teaches how
complex moral issues can be attacked and dissected. Within its ancient
legal code are deep and detailed considerations of issues like privacy,
allocating medical resources, the causes of violence, and many more. So
much of the future stands to be illuminated by the minds of those who
specialized in pondering deeply and subtly." — Rabbi Adlerstein (37)
Homosexuality between women is not
forbidden in the Talmud. Some Sages disapprove, but the Talmud contains no
ruling against it, and no punishment, save this:
Women who practise lewdness with one another are
disqualified from marrying a priest. — Yebamoth 76a, Shabbath 65a
One wonders: Does Rabbi Bryski withhold these facts from Dr.
Schlessinger, or does Dr. Schlessinger know and withhold it from her
Christian listeners?
Jennifer Oneill and her son
The purity of the relationship between mother and child is
implicit in a portrait like this. To Americans, there is no suggestion of
eroticism. Yet the Talmud indicates that eroticism between mother and son
is not unexpected. It is not an actionable offense and the Sages have only
the slightest condemnation for the mother. Depending on the son's age — is
he older than eight years? — the mother may be ineligible to marry a
priest.
Our Rabbis taught: If a woman sported lewdly with her young
son [a minor], and he committed the first stage of cohabitation with her —
Beth Shammai [Sages] say, he thereby renders her unfit to the priesthood.
Beth Hillel [Sages] declare her fit. … All agree that the connection
of a boy aged nine years and a day is a real connection; whilst that of one
less than eight years is not: their dispute refers only to one who is eight
years old …— Sanhedrin 69b
Such practice is foreign to the standards of most Americans.
It will take some getting used to.
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Robert Knight is the director of the Culture and Family Institute,
an affiliate of Concerned Women for America. Knight told CNN that Judith
Levine's book, Harmful to Minors: The Perils of Protecting Children
from Sex, gives "academic cover to child molestation."(28)However, Knight has high praise for Rabbi Daniel Lapin's
Toward Tradition organization, which he describes as "revolutionizing
relations between Christians and Jews and fueling a rebirth of traditional
Judaism." (29)Rabbi Lapin was a featured speaker at the October 26-27,
2002 World Conference of Families meeting in Washington, DC, which was
co-sponsored by CWA, Toward Tradition and others. (30) Lapin was quoted in CWA's commemorative news
article. (12)
Orthodox Judaism, to which Rabbi Lapin subscribes, teaches
that the Talmud is the Word of God. The Talmud authorizes and sanctifies
sexual intercourse between adults and very young children, including
homosexual intercourse. Has Rabbi Lapin neglected to tell Concerned Women
for America about those Jewish doctrines? Americans must get beyond fear of
rejection and be open and frank with each other if we are to have real
understanding between different religious faiths.
Beverly LaHaye (left) is the founder of Concerned Women for America.
Her husband, Tim LaHaye (right), is co-author of the Left
Behindnovels, fictionalized accounts of End Times and the Rapture of
true believers.
One wonders: Does Rabbi Lapin withhold these facts from the
LaHayes, or do the LaHayes know and withhold it from their CWA members?
Dr. Sigmund Freud
Of all the complexes Dr. Freud allegedly found in the human
subconscious, the Oedipus complex is probably the most well-known.
According to Freud, a child lusts carnally for the flesh of his mother and
yearns to replace his father in the marriage bed. The world was deeply
shocked by Freud's statement when he published it. Freud said the world's
denial was really an affirmation of his theory, but some scholars have a
different perspective.
"One of the cornerstones of psychoanalysis is the
Oedipus complex. According to the generally accepted version during a
session of self-analysis Freud unearthed a childhood memory of being
sexually aroused by seeing his mother naked (Ernest Jones, 1961). However,
as Webster pointed out there is no evidence whatsoever that this episode
ever occurred. What Freud wrote about his discovery to Fliess was that he
remembered a long train journey, and because it was so long he deduces that
he might have had the opportunity of seeing his mother naked. He then
deduced further that he might have been aroused by the scene. Although the
incident might have happened there is a good probability that the memory
Freud recovered was in fact false (Webster, 1996). Soon after Freud
uncovered these memories from his own childhood he postulated a universal
law — the Oedipus complex." (34)
Dr. Freud's work loses the sparkle of originality when seen
in the light of the Talmud doctrines that formed a part of his cultural background.
Oedipus gouges out his own eyes (unidentified dramatic
production).
Sophocles (the playwright, 496-406 BC), his Greek audience,
and the hundred generations of audiences since that time have viewed the
life of Oedipus as a profound tragedy. His unintentional marriage with his
mother is not the fulfillment of a subconscious wish for either of them,
but an accident ordained by the Fates. When they learn the truth, Oedipus
blinds himself in grief and horror, and his mother, Jocasta, commits
suicide.
In contrast, the Talmud Sages discuss Oedipal intercourse
casually as though it were a common occurrence in family life. The issue of
concern for the Sages is whether such a woman is still fit to marry a
priest:
If a woman sported lewdly with her young son [a minor], and
he committed the first stage of cohabitation with her, — Beth Shammai say,
he thereby renders her unfit to the priesthood. Beth Hillel declare her
fit. — Sanhedrin 69b
House of Freud's birth, 1859, in Pribor,
Czech Republic, formerly known as Freiberg, Moravia. (20)
Freud came from a Hasidic family and always asserted his
Jewishness, joining B'nai B'rith in his later years. Using a search string
such as "Freud Hasidic" with an Internet search engine brings up
a wealth of information. The American Jewish Congress publishes an article
that states, "Freud saw psychoanalysis as a 'metamorphosed extension
of Judaism'." (17) As Rabbi Adin Steinsaltz tells us, "In many ways
the Talmud is the most important book in Jewish culture, the backbone of
creativity and of national life. No other work has had a comparable
influence on the theory and practice of Jewish life, shaping spiritual
content and serving as a guide to conduct." (35) The Talmud discusses sexual activity between mother
and son as a commonplace.
Some of Freud's borrowings from Judaism seem to have been
even more direct — During his lifetime, a guest once found seminal books on
Jewish mysticism in Freud's personal library. (18) The links between psychoanalysis and Judaic religion,
both direct and indirect, are recognized by many scholars.
"The Lurianic Kabbalah represents the most complex and
sophisticated variant of Jewish mystical theosophy. As transmitted by his
disciples (notably Chayyim Vital, 1542-1620, see Menzi and Padeh, 1999),
and later interpreted by the Hasidim, Isaac Luria's dynamic understanding
and reformulation of the symbols of the Zohar, provides a
theological scheme which cries out to be interpreted in psychological
terms. Freud is reported to have exclaimed 'This is gold!' when presented
with a German translation of one of the Lurianic works (Bakan, 1971), and
Jung once wrote that 'a full understanding of the Jewish origins of
psychoanalysis would carry us beyond Jewish Orthodoxy into the subterranean
workings of Hasidism and then into the intricacies of the Kabbalah which still
remain unexplored psychologically' (Jung, 1975, p. 358-9)." — Dr.
Drob (16)
Upon learning of these things, one is confronted with two
questions: Why didn't Freud tell us the source of his doctrines, and why
didn't rabbis who were familiar with Jewish mysticism, point out the
similarities at the time?
Rabbi Daniel Lapin, "national radio talk show host on political,
economic, and cultural values, and the author of two best sellers …
Rabbi Lapin was recently appointed by President Bush to a three-year term
on the Government's Commission on U.S. Heritage." (14)
"Rabbi Daniel Lapin is President of Toward Tradition, a
national educational movement of Jews and Christian Americans seeking to
advance the nation toward traditional, faith based principles of
government, the rule of law, and a moral public culture."(30)
In reading this, a Christian might not inquire to which
traditions and laws Rabbi Lapin would advance the country. Christian
traditions and laws concerning sex and children are very different from
Jewish law.
The Very Reverend The Chief Rabbi of the British Empire, the
late Dr. Joseph H. Hertz
"This is not the place to speak of the influence of the
Talmud; how throughout the centuries of persecution and darkness, it saved
Israel from intellectual and moral degradation. My purpose is merely to
give a brief presentation of the Talmud as a book. I shall therefore
conclude with the words of I. Abrahams. ‘The Talmud,’ he says, ‘is one of
the great books of the world. Rabbinism was a sequel to the Bible; and if,
like all sequels, it was unequal to its original, it nevertheless shares
its greatness. The works of all Jews up to the modern period were the
sequel to this sequel. Through them all may be detected the unifying
principle that literature in its truest sense includes life itself; that
intellect is the handmaid to conscience; and that the best books are those
which best teach men how to live. The maxim, Righteousness delivers
from death, applies to books as well as to men. A literature whose
consistent theme is Righteousness, is immortal." — Rabbi Hertz (32)
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We are told there is a movement afoot to make
pederasty (child-adult sex) socially acceptable and legally permissible.
Researching the issue, we find that many dominant voices on both sides of
the controversy are Jewish.
How is this
possible? Which voices speak for the core values of Judaism? Our questions
are not prompted by idle curiosity, but by social concern. America is
rapidly becoming Talmudized, and we should understand the direction in
which our social policies are moving.
Let us start
with an article in the Washington Times, a major newspaper that
espouses conservative Christian values. The Timesprovides a
useful starting point because they name names. Let us borrow the Times'
viewpoint.
Jewish Bad Guys
Feminist
writer Judith Levine's book Not Harmful to Minors: The Perils of
Protecting Kids from Sex has been condemned by those who say she
excuses sexual abuse of children — a charge she strongly denies.
Ms.
Levine says she was "misunderstood" after a news article last month
quoted her saying a boy's sexual experience with a priest
"conceivably" could be positive.
— Washington Times (1)
The Washington
Times depicts Harris Mirkin as follows:
Harris
Mirkin, a professor at the University of Missouri-Kansas City, published a
1999 article in the Journal of Homosexuality complaining that boys who have
sex with men "are never considered willing participants, even if they
are hustlers." He has also written that "children are the last
bastion of the old sexual morality."
— Washington Times (1)
The Washington
Times cites a controversial psychology research study:
A 1998
"meta-analytic" study in an American Psychological Association
(APA) journal argued, among other things, that "value-neutral"
language such as "adult-child sex" should be used to describe
child molestation if it was a "willing encounter."
— Washington Times (1)
The study was
conducted by Bruce Rind, Robert Bauserman, and Philip Tromovitch, and was
published in the Psychological Bulletinin 1998 under the
editorship of Nancy Eisenberg.(4)
Jewish Good Guys
Here come the
good guys. Meet Joy Silberg.
Ms.
Levine's book favorably cites the Rind study and, in a telephone interview,
she defended the study as "methodologically meticulous." But
Baltimore psychologist Joy Silberg, whose clinical practice involves
treating child-abuse victims, says the study is "horribly
flawed."
"I
can't call it science," she said.
… Ms. Silberg,
the Baltimore psychologist, agrees that the "whole academic
movement" to legitimize sex with children "is growing."
— Washington Times (1)
Now comes Dr.
Laura Schlessinger:
Radio
host Laura Schlessinger led a campaign against that study by Temple
University psychology professor Bruce Rind and two other academics.
Congress eventually voted unanimously to condemn the Rind study — which has
already been used as evidence to defend accused child molesters in at least
three court cases.
— Washington Times (1)
Dr. Laura is,
of course, widely considered a shining example of moral rectitude. She is
famous for her denunciation of homosexuality, (7) and very popular with those who call themselves
fundamentalist Christians. As one of America's best-known Orthodox Jews,
Dr. Laura received the 2001 National Heritage Award from the National
Council of Young Israel, an organization of 150 Orthodox synagogues in the
US. The executive vice president of Young Israel is Rabbi Pesach Lerner.
The following report comes from the Jewish Telegraphic Agency.
The
program for the National Council of Young Israel dinner described
Schlessinger as "a powerful source of inspiration and pride for all
Jews." The mainly right-leaning Orthodox Jews filling the large room
applauded her, and many approached her afterward to ask for autographs and
declare their admiration …
— Jewish Telegraphic Agency (2)
We are told
that Schlessinger is a member of a Lubavitch synagogue, Chabad of Agoura,
in suburban Los Angeles. Then:
Schlessinger's
rabbi, Moshe Bryski, insists that his most famous congregant is serious
about the moral questions she receives, researching Jewish ethics and
frequently calling him to consult on issues that arise on her show.
"There is a sense of responsibility because at times
she'll call me about specific questions, and I realize the answer is going
to be broadcast to 20 million people, and I better get it right,"
Bryski says.
— Jewish Telegraphic Agency (2)
The Jewish
publication, Forward, also covered Dr. Laura's Young Israel
award.
The
executive director of Young Israel, Rabbi Pesach Lerner, said Ms.
Schlessinger was chosen because of her success "in changing the moral
compass of this country," on issues such as abortion, abstinence and
homosexuality. He also cited her personal religious journey that eventually
led her to adopt an Orthodox lifestyle.
— Forward(5)
No doubt Rabbi
Bryski listens to Dr. Laura' show to see how his student is doing. Given
her fame as an Orthodox Jew, we might expect that some of the rabbis
affiliated with the 150 Orthodox synagogues in the Young Israel
organization would listen in, too.
Jewish law, of
course, is based primarily on the Talmud, which Jews often call the
"Torah." (48) Let's follow Dr. Laura, Rabbi Bryski, and Young Israel
directly to the source of their doctrines, the Talmud. We will ask the
reader to be patient and tolerant when reading this material, even though
some of these ideas may be very new.
(Note: When
excerpting quotations from the Talmud, we sometimes omit non-germane text
and footnotes. Omission of text is indicated by an ellipsis (…). To see the
full text and footnotes, follow the hot link at the end of the excerpt. It
is our pleasure to make available on line a number of Talmud tractates, so
that you can see the excerpt in full context. We indicate unprintable
Hebrew characters, words, and phrases with the symbol [H].)
Talmud Permits Child-Adult Sex
Talmud law
permits sexual intercourse between children and adults. This doctrine is
contained in a number of Mishnahs. Before we examine them, however, it is
necessary that the reader be familiar with the word kethubah.
According to
the Soncino Talmud Glossary:
KETHUBAH
(Lit., 'a written [document]'); (a) a wife's marriage settlement which she
is entitled to recover on her being divorced or on the death of her
husband. The minimum settlement for a virgin is two hundred zuz, and for a widow remarrying one
hundred zuz; (b) the marriage contract
specifying the mutual obligations between husband and wife and containing
the amount of the endowment and any other special financial obligations
assumed by the husband.
— Babylonian Talmud, Soncino Talmud Glossary
Zuz is a unit of currency. We see, then, that a dollar
(or zuz) value is put on virginity.
Now let's look
at a Mishnah from Kethuboth 11a:
MISHNAH. WHEN A GROWN-UP MAN (7) HAS HAD SEXUAL INTERCOURSE WITH (8)
A LITTLE GIRL, (9) OR WHEN A SMALL BOY (10) HAS INTERCOURSE WITH A GROWN-UP
WOMAN, OR [WHEN A GIRL WAS ACCIDENTALLY] INJURED BY A PIECE OF WOOD (11) —
[IN ALL THESE CASES] THEIR KETHUBAH IS TWO HUNDRED [ZUZ] …
— Babylonian Talmud, Tractate Kethuboth 11a
Soncino 1961 Edition, page 57
The translator,
Rabbi Dr. Samuel Daiches, amplifies the text with footnotes:
7.
A man who was of age.
8.
Lit., 'who came on'.
9.
Less than three years old.
10.
Less than nine years of age.
11.
Lit., 'One who was injured by wood',
as a result of which she injured the hymen.
— Rabbi Dr. Daiches
Let's review
the above-cited Mishnah: "When a grown-up man has had sexual
intercourse with a little girl, or when a small boy has intercourse with a
grown-up woman …" It is obvious that sex activity between a grown
man and a little girl, and between a grown woman and a little boy, is a
part of the woof and the warp of everyday Talmud life; such relationships,
in the eyes of the Sages, are unremarkable. There is no prohibition on
sexual activity between adults and young children — it is simply regulated.
Recall the words of the Very Reverend the Chief Rabbi of the British Empire
the late Dr. Joseph Herman Hertz:
Religion
in the Talmud attempts to penetrate the whole of human life with the sense
of law and right. Nothing human is in its eyes mean or trivial; everything
is regulated and sanctified by religion. Religious precept and duty
accompany man from his earliest years to the grave and beyond it. They
guide his desires and actions at every moment.
— Rabbi Dr. Hertz (38)
Thus, if the
Talmud permits girls three years old and younger to be sexually used by
adults, that is the law. The concern of the Sages is to ensure that the
adult is not, technically speaking, in violation of any of the rules.
Regenerating Virginity
In the Gemara that
follows the Mishnah of Kethuboth 11a (cited above), the Sages discuss the
issues. They say having intercourse with a girl younger than three is like
putting a finger in the eye. Rabbi Dr. Daiches explains in the footnotes
that, just as tears come to the eye again and again, so does virginity come
back to the little girl under three years.
GEMARA. Rab
Judah said that Rab said: A small boy who has intercourse with a grown-up
woman makes her [as though she were] injured by a piece of wood. (1) When I
said it before Samuel he said: 'Injured by a piece of wood' does not apply
to (2) flesh. Some teach this teaching by itself: (3) [As to] a small boy
who has intercourse with a grown-up woman, Rab said, he makes her [as
though she were] injured by a piece of wood; whereas Samuel said: 'Injured
by a piece of wood' does not apply to flesh. R. Oshaia objected: WHEN A GROWN-UP MAN HAS HAD INTERCOURSE WITH A LITTLE GIRL,
OR WHEN A SMALL BOY HAS INTERCOURSE WITH A GROWN-UP WOMAN, OR WHEN A GIRL
WAS ACCIDENTALLY INJURED BY A PIECE OF WOOD — [IN ALL THESE CASES] THEIR
KETHUBAH IS TWO HUNDRED [ZUZ]; SO ACCORDING TO R. MEIR. BUT THE SAGES SAY:
A GIRL WHO WAS INJURED ACCIDENTALLY BY A PIECE OF WOOD — HER KETHUBAH IS A
MANEH! (4) Raba said, It means (5) this: When a grown-up man
has intercourse with a little girl it is nothing, for when the girl is less
than this, (6) it is as if one puts the finger into the eye; (7) but when a
small boy has intercourse with a grown-up woman he makes her as 'a girl who
is injured by a piece of wood,' and [with regard to the case of] 'a girl
injured by a piece of wood,' itself, there is the difference of opinion
between R. Meir and the Sages.
— Babylonian Talmud, Tractate Kethuboth 11b
Soncino 1961 Edition, page 57-58
Rabbi Dr.
Samuel Daiches amplifies the text with footnotes (page 58):
1.
Although the intercourse of a small
boy is not regarded as a sexual act, nevertheless the woman is injured by
it as by a piece of wood.
2.
Lit., 'is not in'.
3.
I.e., the difference of opinion
between Rab and Samuel with regard to that question was recorded without
any reference to R. Judah.
4.
The Sages differ only with regard to
a girl injured by a piece of wood, but not with regard to a small boy who
has intercourse with a grown-up woman. This shows that the latter case
cannot be compared with the former case. The Mishnah would consequently be
against Rab and for Samuel.
5.
Lit., 'says'.
6.
Lit., 'here', that is, less than
three years old.
7.
I.e., tears come to the eye again
and again, so does virginity come back to the little girl under three
years. Cf. Nid. 45a.
— Rabbi Dr. Daiches
To a person
unaccustomed with the Talmud culture, it may seem that discussion of sexual
intercourse between grown men and very young girls is merely theoretical.
But as we shall see, cases are cited, judgments are weighed and debated,
and the Sages discuss the wounds suffered by the young girls as a result of
the intercourse.
More on Regenerating Virginity
We know that
the amount of a woman's kethubah depends on her virginity
on her wedding day. But what of a woman who, as a little girl below the age
of three years, was raped or otherwise subjected to sexual intercourse? The
Sages rule that the kethubah of such a woman is set as if
she were still a virgin.
MISHNAH. A WOMAN PROSELYTE, A WOMAN CAPTIVE, AND A WOMAN SLAVE, WHO
HAVE BEEN REDEEMED, CONVERTED, OR FREED [WHEN THEY WERE] LESS THAN THREE
YEARS AND ONE DAY OLD — THEIR KETHUBAH IS TWO HUNDRED [ZUZ].
AND THERE IS WITH REGARD TO THEM THE CLAIM OF [NON-]VIRGINITY. (17)
— Babylonian Talmud, Tractate Kethuboth 11a
Soncino 1961 Edition, page 54
This seems like
a generous and humanitarian ruling, the creation of a legal fiction of
virginity when the woman is no longer physiologically a virgin. But Dr.
Daiches corrects us. He tells us that, according to the Sages, the hymen of
a girl younger than three literally grows back again.
17.
If they had sexual intercourse
before they were three years and one day old the hymen would grow again,
and they would be virgins. V. 9a and 11b and cf. Nid. 44b and 45a.
— Rabbi Dr. Daiches (25)
See also the
discussion of Niddah 44b and 45a, below.
As we continue
to explore the Talmud doctrines on child-adult sex, we will see further
confirmation that the Talmud Sages believed that the hymen regenerates in a
girl younger than three.
"… Of Lesser Age, No Guilt is Incurred"
In modern
America, sex between an adult and a child is condemned in proportion to the
youth of the child. That is, Americans generally consider sex with a
fifteen year old, a twelve year old, a six year old, and a three-year-old
on a continuous scale of condemnation. The younger the child, the greater
the condemnation.
Talmudic law works
on the reverse scale: sex with younger children is less significant than
sex with older children. How did this doctrine come about?
Scripture
states thus:
22.
Thou shalt not lie with
mankind, as with womankind: it is abomination.
— Leviticus 18:22 (KJV)
The Old
Testament prohibits a man lying with a man; but notice, the Old Testament
does not prohibit a man lying with a boy. Thus, the Talmud Sages arrive at
their position on pederasty. In the following, bestiality said to be
committed "naturally" when a man uses the vaginal passage of the
beast, and "unnaturally" when a man uses the anal passage of the
beast. The Sages make a similar distinction for the couplings of a woman
with a beast.
GEMARA. …
Rab said: Pederasty with a child below nine years of age is not deemed as
pederasty with a child above that. Samuel said: Pederasty with a child
below three years is not treated as with a child above that. (2) What is
the basis of their dispute? — Rab maintains that only he who is able to
engage in sexual intercourse, may, as the passive subject of pederasty
throw guilt [upon the active offender]; whilst he who is unable to engage
in sexual intercourse cannot be a passive subject of pederasty [in that
respect]. (3) But Samuel maintains: Scripture writes, [And thou shalt
not lie with mankind] as with the lyings of a woman. (4)
It has been taught in accordance with Rab: Pederasty at the
age of nine years and a day; [55a] [he] who commits bestiality, whether
naturally or unnaturally; or a woman who causes herself to be bestially
abused, whether naturally or unnaturally, is liable to punishment. (5)
— Babylonian Talmud, Tractate Sanhedrin 54b - 55a
Soncino 1961 Edition, page 371
The translator,
Rabbi Dr. H. Freedman, amplifies the text with footnotes. Note particularly
footnote 2: "… but if one committed sodomy with a child of lesser age,
no guilt is incurred." See also the final sentence of footnote 5:
"… nine years (and a day) is the minimum age of the passive partner
for the adult to be liable." (See Soncino Talmud Glossary for
definition of Baraitha.)
2.
I.e., Rab makes nine years the
minimum; but if one committed sodomy with a child of lesser age, no guilt is
incurred. Samuel makes three the minimum.
3.
At nine years a male attains sexual
matureness.
4.
Lev. XVIII, 22. Thus the point of
comparison is the sexual matureness of woman, which is reached at the age
of three.
5.
(Rashi reads [H] instead of the [H]
in our printed texts. A male, aged nine years and a day who commits etc.]
There are thus three distinct clauses in this Baraitha. The first — a male
aged nine years and a day — refers to the passive subject of pederasty, the
punishment being incurred by the adult offender. This must be its meaning —
because firstly, the active offender is never explicitly designated as a
male, it being understood, just as the Bible states, Thou shalt not
lie with mankind, where only the sex of the passive participant is
mentioned; and secondly, if the age reference is to the active party, the
guilt being incurred by the passive adult party, why single out pederasty:
in all crimes of incest, the passive adult does not incur guilt unless the
other party is at least nine years and a day? Hence the Baraitha supports
Rab's contention that nine years (and a day) is the minimum age of the
passive partner for the adult to be liable.
— Rabbi Dr. Freedman
The plain
English meaning of the Talmud text is clear, but if there is any doubt, the
Soncino scholars put the matter to rest: No guilt is incurred with a boy
child younger than nine, even in incest. Thus we see that Orthodox Jewish
doctrines concerning homosexuality are not accurately represented by Dr.
Laura and other Orthodox spokesmen.
Out of Context?
When quoted,
those passages in Tractate Sanhedrin 54b and 55a are sometimes said to be
taken out of context. Theologian James Trimm is one who makes this protest.(6) But now the full context of Sanhedrin 54b and 55a —
and indeed, the complete Sanhedrin — is available to the readers of Come
and Hear™.
Rabbi Michael
Rodkinson, whose English translation of the Talmud was republished in 1918,
censored the Sages' teaching on this issue. The 1918 Edition of Rabbi
Rodkinson's Talmud was published under the editorship of Rabbi Dr. I. M.
Wise, the pioneer of Reform Judaism. Rabbi Rodkinson explains his
censorship in a footnote:
We deem
it expedient not to translate about two pages of the text preceding the
next Mishna, treating of miserable crimes with men and animals, and giving
the discussion with questions and answers, it would be undesirable to
express in the English language …
— Rabbi Rodkinson (26)
For further
discussion, see "Rabbi Rodkinson Censors the Talmud" in Do Not Censor the Talmud, Please.
Censorship,
expurgation, and denial of the clear and obvious meaning of basic religious
text do not help inter-religious understanding. It does not help people of
different religions understand each others' faiths. See What We're About.
The lack of
reliable authoritative information on the doctrines of Judaic law is a
significant problem as American society and law becomes more Talmudized.
Such information gaps can cause unwanted societal consequences.
America Is Rapidly Becoming Talmudized
In 1999, the Supreme Court agreed to consider an amicus brief
based wholly on Talmudic law (see Sentence and Execution).
In November 2002, the American
Orthodox Jewish community held a kosher dinner in the Supreme Court
building to celebrate the establishment of the National Institute for
Judaic Law. (31) The dinner was attended by 200 people, including three
Supreme Court Justices. The purpose of the Institute is to introduce
Talmudic laws into the US legal system and law schools.
It is thus the clear civic duty of
every American to become intimately acquainted with the Talmud. Read
articles at:
Death Penalty: http://www.come-and-hear.com/editor/capunish_1.html
Kosher Dinner: http://www.come-and-hear.com/editor/cp-jp-11-09-2002 and
http://www.come-and-hear.com/editor/cp-jw-01-08-03
Oedipal Incest
According to
Rabbi Dr. H. Freedman (footnote 5, above), in Sanhedrin 54b-55a the Sages
confirm, "in all crimes of incest, the passive adult does not incur
guilt unless the other party is at least nine years and a day."
Therefore, a mother who encourages her son to have sexual intercourse with
her incurs no guilt if her son is younger than nine years old and a day. In
such an arrangement, the mother would be the "passive" adult, of
course.
Adult Male Homosexuality
MISHNAH. HE WHO COMMITS SODOMY WITH A MALE OR A BEAST, AND A WOMAN
THAT COMMITS BESTIALITY ARE STONED.
— Babylonian Talmud, Tractate Sanhedrin 54a
Soncino 1961 Edition, page 367
This clears
matters up. Consenting adults who engage in homosexuality suffer the death
penalty. But homosexuality with a male child under the age of nine years
and a day is not punishable (Sanhedrin 54b-55a, above). Recall Rabbi Dr.
Freedman's clear statement of the doctrine:
2.
I.e., Rab makes nine years the
minimum; but if one committed sodomy with a child of lesser age, no guilt
is incurred. Samuel makes three the minimum.
— Rabbi Dr. Freedman (21)
Female Homosexuality
But what of
female homosexuality?
GEMARA. …
Women who practise lewdness with one another are disqualified from marrying
a priest.
— Babylonian Talmud, Tractate Yebamoth 76a
Soncino 1961 Edition, page 512 - 513
The same
statement appears in Shabbath 65a, page 311. The ruling, then, is only that a woman who
"commits lewdness" with another is disqualified from marrying a
priest. Thus a woman who never had ambitions to marry a priest suffers no
sanction for her homosexual activity.
All of this
paints a different picture of Orthodox Jewish doctrine on homosexuality —
as enshrined in the G-d-given law of the Talmud. What would Dr. Laura say
if she knew? Or does she?
More on Oedipal Incest
In the
following passage, the question before the Sages is this: If a mother
committed incest with her son, would she still be eligible to marry a
priest? As we shall see, the answer depends on the son's age. Again, incest
with a young boy is not a concern, while incest with an older boy brings
consequences to the adult. Here, the Sages debate the threshold age.
GEMARA. …
Our Rabbis taught: If a woman sported lewdly with her young son [a minor],
and he committed the first stage of cohabitation with her, — Beth Shammai
say, he thereby renders her unfit to the priesthood. Beth Hillel declare
her fit. R. Hiyya the son of Rabbah b. Nahmani said in R. Hisda's name;
others state, R. Hisda said in Ze'iri's name: All agree that the connection
of a boy aged nine years and a day is a real connection; whilst that of one
less than eight years is not: (2) their dispute refers only to one who is
eight years old, Beth Shammai maintaining, We must base our ruling on the
earlier generations, but (3) Beth Hillel hold that we do not.
— Babylonian Talmud, Tractate Sanhedrin 69b
Soncino 1961 Edition, page 470
The translator,
Dr. Freedman, uses "cohabitation" to denote sexual
intercourse. (32) He amplifies the text with footnotes.
2.
So that if he was nine years and a
day or more, Beth Hillel agree that she is invalidated from the priesthood;
whilst if he was less that eight, Beth Shammai agree that she is not
3.
When a boy of that age could cause
conception.
— Rabbi Dr. Freedman
The issue rests
on the boy's theoretical ability to cause conception. Since (theoretically)
a boy younger than nine cannot cause conception, he cannot (theoretically)
engage in sexual intercourse (see above, from page 58, footnote 1, "… the intercourse of a small
boy is not regarded as a sexual act"). This is a specialized
definition of sexual intercourse.
The boy's youth
also exempts the man who sodomizes him — from moral guilt and legal liability.
That is, the young boy cannot "throw guilt" on a man who lies
with him, and the Scripture does not apply. If the boy is old enough to
cause conception, the man who lies with him is in violation of Scripture.
And now we have
the answer to a question that might have occurred to the reader when we
discussed incest between mother and son, above: Why wouldn't a mother like
that be charged with incest? We have seen this explanation from Rabbi Dr.
Freedman before, but it warrants further study. In a synthesis of logical
premises unique to Talmudism, the translator again helps us out with a
footnote. The language is complex, but the meaning of the last few lines is
clear: By reckoning back and forth between the definition of
"man," "cause conception," "active," and
"passive" participants in a sexual act, the conclusion is drawn
that incest is not punishable with a boy younger than nine years old.
5.
[Rashi reads [H] instead of the [H]
in our printed texts. A male, aged nine years and a day who commits etc.]
There are thus three distinct clauses in this Baraitha. The first — a male
aged nine years and a day — refers to the passive subject of pederasty, the
punishment being incurred by the adult offender. This must be its meaning —
because firstly, the active offender is never explicitly designated as a
male, it being understood, just as the Bible states, Thou shalt not
lie with mankind, where only the sex of the passive participant is
mentioned; and secondly, if the age reference is to the active party, the
guilt being incurred by the passive adult party, why single out pederasty:
in all crimes of incest, the passive adult does not incur guilt unless the
other party is at least nine years and a day? Hence the Baraitha supports
Rab's contention that nine years (and a day) is the minimum age of the
passive partner for the adult to be liable.
— Rabbi Dr. Freedman (24)
American Puritanism vs. Rabbinic Tradition
Forward reports criticism of Young Israel's award to Dr.
Laura.
The
problem, according to her liberal critics, is that Ms. Schlessinger pushes
a conservative, pro-life platform that is out of touch with the mostly
liberal American Jewish public. Worse, they say, is that her
"sanctimonious" moralism and harsh style are more a reflection of
American Puritanism than the ancient rabbinic tradition.
"It's sad that with all the outstanding individuals
doing great work, the National Council of Young Israel has chosen someone
whose comments have been so divisive within and outside of the Jewish
community," said Rabbi Douglas Kahn, the executive director of the
Jewish Community Relations Council of San Francisco.
Rabbi Kahn said he was referring in particular to the controversy
sparked by Ms. Schlessinger's claim that homosexuality is
"deviant" and a "biological error." Last year gay
rights organizations and other liberal groups organized a boycott of Ms.
Schlessinger's new television show, which was eventually canceled due to
poor ratings.
More than a dozen Jewish leaders signed a critical letter to
Ms. Schlessinger, including Rabbi Paul Menitoff, the executive vice
president of the Reform movement's Central Conference of American Rabbis.
— Forward(5)
Indeed, Rabbis
Kahn, Menitoff, and other Reform rabbis are right. Dr. Laura is not
representing "the ancient rabbinic tradition," which allows ample
room for homosexuality and pederasty. But why didn't Rabbis Kahn and
Menitoff and their Reform colleagues publicly correct Dr. Laura and her
Orthodox mentors, in particular Rabbi Moshe Bryski, by using the authority
of direct quotes from the Talmud?
Children as Concubines, Babies as Wives
The ancient Hebrews
were permitted to use children as concubines. Moses established the
precedent. In the passage below, the Hebrews have just massacred the
Midianite men. They return home with booty, and the Midianite women and
children. Moses directs them to slaughter the captive women and children
with this exception: virgin girl children are to be kept as concubines for
the Hebrews.
12.
And they brought the
captives, and the prey, and the spoil, unto Moses, and Eleazar the priest,
and unto the congregation of the children of Israel, unto the camp at the
plains of Moab, which are by Jordan near Jericho.
13.
And Moses, and Eleazar the
priest, and all the princes of the congregation, went forth to meet them
without the camp.
14.
And Moses was wroth with the
officers of the host, with the captains over thousands, and captains over
hundreds, which came from the battle.
15.
And Moses said unto them,
Have ye saved all the women alive?
16.
Behold, these caused the
children of Israel, through the counsel of Balaam, to commit trespass
against the LORD in the matter of Peor, and there was a plague among the
congregation of the LORD.
17.
Now therefore kill every
male among the little ones, and kill every woman that hath known man by
lying with him.
18.
But all the women
children, that have not known a man by lying with him, keep alive for
yourselves.
— Numbers 31:12-18 (KJV)
In the
following, the Talmud Sages reason that, since Phinehas was among the
Hebrews who were permitted a child concubine and Phinehas was a priest,
Numbers 31:17-18 is Divine sanction for the marriage of priests with girls
under the age of three — babies. The rabbis describe the babies as
proselytes. The American Heritage Dictionary defines proselyte as
"a Gentile converted to Judaism." In the following passage, a
bondman is a male slave, and a bondwoman a female slave.
GEMARA. …
It was taught: R. Simeon b. Yohai stated: A proselyte who is under the age
of three years and one day is permitted to marry a priest, (2) for it is
said, But all the women children that have not known man by lying
with him, keep alive for yourselves, (3) and Phinehas (4) surely was
with them. And the Rabbis? (5) — [These were kept alive] as bondmen and
bondwomen. (6) If so, (7) a proselyte whose age is three years and
one day (8) should also be permitted! — [The prohibition is to be
explained] in accordance with R. Huna. For R. Huna pointed out a
contradiction: It is written, Kill every woman that hath known man
by lying with him, (9) but if she hath not known, save her alive; from
this it may be inferred that children are to be kept alive whether they
have known or have not known [a man]; and, on the other hand, it is also
written, But all the women children, that have not known man by
lying with him, keep alive for yourselves, (3) but do not spare them if
they have known. Consequently (10) it must be said that Scripture speaks of
one who is fit (11) for cohabitation. (12)
— Babylonian Talmud, Tractate Yebamoth 60b
Soncino 1961 Edition, page 402
This is a special
definition of cohabitation. The translator, Rev. Dr. Israel W. Slotki,
amplifies the text with footnotes:
2.
She is not regarded as a harlot.
3.
Num. XXXI, 18.
4.
Who was a priest.
5.
How could they, contrary to the
opinion of R. Simeon b. Yohai, which has Scriptural support, forbid the
marriage of the young proselyte?
6.
Not for matrimony.
7.
That, according to R. Simeon, Num.
XXXI, 18 refers to matrimony.
8.
So long as she has 'not
known man'.
9.
Num. XXXI, 17.
10.
To reconcile the contradiction.
11.
I.e., one who had attained the age
of three years and one day.
12.
Not one who had actually experienced
it.
— Rev. Dr. Slotki
The doctrine
that Jewish men may have sexual intercourse with non-Jewish children
("proselytes") under the age of three is expanded in the
following passage; "Rabbi" is Judah the Prince.
GEMARA. …
R. Jacob b. Idi stated in the name of R. Joshua b. Levi: The halachah is
in agreement with R. Simeon b. Yohai. (13) Said R. Zera to R. Jacob b. Idi:
Did you hear this (13) explicitly or did you learn it by a deduction? What
[could be the] deduction? — As R. Joshua b. Levi related: There was a
certain town in the Land of Israel the legitimacy of whose inhabitants was
disputed, and Rabbi sent R. Romanos who conducted an enquiry and found in
it the daughter of a proselyte who was under the age of three years and one
day, (14) and Rabbi declared her eligible to live with a priest. (15)
— Babylonian Talmud, Tractate Yebamoth 60b
Soncino 1961 Edition, page 403
The translator,
Rev. Dr. Israel W. Slotki, amplifies the text with footnotes:
13.
That a proselyte under the age of
three years and one day may be married by a priest.
14.
And was married to a priest.
15.
I.e., permitted her to continue to
live with her husband.
— Rev. Dr. Slotki
Not every Sage
agreed with this practice. The Talmud records the words of one Sage who
objected to one case, though it does not record the specifics of his
objection.
GEMARA. …
A certain priest married a proselyte who was under the age of three years
and one day. Said R. Nahman b. Isaac to him: What [do you mean by] this?
(12) — The other replied: Because R. Jacob b. Idi stated in the name of R.
Joshua b. Levi that the halachah is in agreement with R.
Simeon b. Yohai. (13) 'Go', the first said, 'and arrange for her release,
or else I will pull R. Jacob b. Idi out of your ear'. (14)
— Babylonian Talmud, Tractate Yebamoth 60b
Soncino 1961 Edition, page 404
The translator,
Rev. Dr. Israel W. Slotki, amplifies the text with footnotes:
12.
I.e., on what authority did you
contract the marriage.
13.
V. supra p. 403. n.
13.
14.
He would place him under the ban and
thus compel him to carry out his decision which is contrary to that of R.
Jacob b. Idi.
— Rev. Dr. Slotki
How Old Is the Screamer?
In Talmud
doctrine, if a wife is a screamer — that is, her voice can be heard by the
neighbors — she can be divorced without her kethubah.
MISHNAH. THESE ARE TO BE DIVORCED WITHOUT RECEIVING THEIR KETHUBAH: A
WIFE WHO TRANSGRESSES THE LAW OF MOSES OR [ONE WHO TRANSGRESSES] JEWISH
PRACTICE … [SUCH TRANSGRESSIONS INCLUDE] ALSO THAT OF A WIFE WHO CURSES HER
HUSBAND'S PARENTS IN HIS PRESENCE. R. TARFON SAID: ALSO ONE WHO SCREAMS.
AND WHO IS REGARDED A SCREAMER? A WOMAN WHOSE VOICE CAN BE HEARD BY HER
NEIGHBOURS WHEN SHE SPEAKS INSIDE HER HOUSE.
— Babylonian Talmud, Kethuboth 72a
Soncino 1961 Edition, page 449
However, in the
current context of the child bride, the matter becomes another issue. It is
surely possible that a three or four-year-old wife screams in pain when
required to perform her marital duties. On reading further, the Gemara
explains that if the wife screams during intercourse, it may be a sign of a
physical defect.
GEMARA. … R.
TARFON SAID: ALSO ONE WHO SCREAMS. What is meant by a screamer? — Rab Judah
replied in the name of Samuel: One who speaks aloud (10) on marital
matters. In a Baraitha it was taught: [By screams was meant a wife] whose
voice (11) during her intercourse in one court can be heard in another
court. But should not this, then, (12) have been taught in the Mishnah (13)
among defects? (14) — Clearly we must revert to the original explanation.
(15)
— Babylonian Talmud, Tractate Kethuboth 72b
Soncino 1961 Edition, page 453
Rev. Dr. Israel
W. Slotki amplifies the above Gemara in the following footnotes. He tells
us these were not screams of pleasure — they were screams of pain.
10.
Lit., 'makes her voice heard'.
11.
Her screams of pain caused by the
copulation.
12.
Since her screaming is due to a
bodily defect.
13.
Infra 77a.
14.
Of course it should. Such a case in
our Mishnah is out of place.
15.
That given in the name of Samuel.
— Rev. Dr. Slotki
In some cases,
however, the screaming wife may be one who is so young and physically
underdeveloped, her sexual organs cannot accommodate those of a grown man.
It seems this child is at risk of being divorced without her kethubah.
That is, of course, a concern.
A Different Viewpoint
There is no
Talmud prohibition against sexual activity between an adult and very a
young child on the basis that such activity could wound the child. Instead,
the concern of the Sages is focused on interpreting Biblical injunctions
and technicalities that absolve the adult from guilt or liability: At what
age, they ask, does the child begin to cause "defilement" of the
adult who uses the child for sex?
This next
passage illustrates the point once more. The Sages debate "from what
age does a heathen child cause defilement"? Is it nine years, or is it
three years? If the correct threshold age is observed, the Jew incurs no
guilt for the act of pederasty.
GEMARA. …
From what age does a heathen child cause defilement by seminal emission?
From the age of nine years and one day, [37a] for inasmuch as he is then
capable of the sexual act he likewise defiles by emission. Rabina said: It
is therefore to be concluded that a heathen girl [communicates defilement]
from the age of three years and one day, for inasmuch as she is then
capable of the sexual act she likewise defiles by a flux. This is obvious!
— You might argue that he is at an age when he knows to persuade [a female]
but she is not at an age when she knows to persuade [a male, and
consequently although she is technically capable of the sexual act, she
does not cause defilement until she is nine years and one day old]. Hence
he informs us [that she communicates defilement at the earlier age].
— Babylonian Talmud, Tractate Abodah Zarah 36b-37a
Soncino 1961 Edition, pages 178-179
This may
surprise the American reader who encounters it for the first time. In our
society, of course, an adult who uses a child — particularly a very young
child — for sexual activity is criminally censured.
Brother Takes Three-Year-Old Widow
In Tractate
Niddah, again there is approval for priests to marry and copulate with baby
girls. This passage describes a situation in which a priest dies without
children, leaving a three-year-old widow. In such case, the priest's
brother (the yebam) can acquire the girl by having sexual
intercourse with her. The ellipsis (…) in the following Mishna
indicates the omission of non-germane text. The full text is available
through the link at the Come and Hear™ link, below.
MISHNAH. A GIRL OF THE AGE OF THREE YEARS AND ONE DAY MAY BE
BETROTHED BY INTERCOURSE; … IF SHE WAS MARRIED TO A PRIEST, SHE MAY
EAT TERUMAH.
— Babylonian Talmud Tractate Niddah 44b
Soncino 1961 Edition, page 308
Terumah is the word for temple offerings eaten by priests.
This statement indicates that the three-year-old bride is the widow of the
priest in all respects and privileges.
In the passage
below, we see that the widow of a man who is not a priest can be sexually
possessed by her erstwhile brother-in-law and thereby become his wife.
GEMARA. …
R. Joseph said: Come and hear! A maiden aged three years and a day may be
acquired in marriage by coition, and if her deceased husband's brother
cohabits with her, she becomes his.
— Babylonian Talmud, Tractate Sanhedrin 55b
Soncino 1961 Edition, page 376
The statement
quoted above from Tractate Sanhedrin 55b also appears in Tractate Sanhedrin 69a, Soncino 1961 Edition, page 469.
Wounding Young Brides by Intercourse
The Sages go on
to discuss sexual intercourse with a girl younger than three years old:
Wounding the child and causing her to bleed is one possible result. From
the Sages' description, it is apparent that the baby bleeds again and again
from copulation with a grown man, and the Sages, once again, attribute the
bleeding to the repetitive rupturing of the hymen (i.e., virginity growing
back).
In the
following Mishnah, non-germane text is omitted (…). Please follow the
source link to view the complete Mishnah.
MISHNAH. A GIRL OF THE AGE OF THREE YEARS AND ONE DAY MAY BE
BETROTHED BY INTERCOURSE; … IF ONE WAS YOUNGER THAN THIS AGE
INTERCOURSE WITH HER IS LIKE PUTTING A FINGER IN THE EYE.
— Babylonian Talmud, Tractate Niddah 44b
Soncino 1961 Edition, page 309
The image of
"a finger in the eye" is once again explained in the following Gemara.
The possibility that the three-year-old committed adultery with a stranger
is also addressed:
GEMARA. … IF ONE WAS YOUNGER THAN THIS AGE, INTERCOURSE WITH HER IS
LIKE PUTTING A FINGER IN THE EYE. It was asked, Do the features
of virginity disappear and reappear again or is it possible that they
cannot be completely destroyed until after the third year of her age? In
what practical respect could this matter? — In one, for instance, where her
husband had intercourse with her before the age of three and found blood,
and when he had intercourse after the age of three he found no blood. If
you grant that they disappear and reappear again [it might well be assumed]
that there 'was not sufficient time for their reappearance, but if you
maintain that they cannot be destroyed until after the age of three years
it would be obvious that a stranger cohabited with her. Now what is your
decision? — R. Hiyya son of R. Ika demurred: But who can tell us that a
wound inflicted within the three years is not healed forthwith, seeing it
is possible that it is immediately healed and it would thus be obvious that
a stranger had cohabited with her? Rather the practical difference is the
case, for instance, where her husband had intercourse with her while she
was under three years of age and found blood and when he had intercourse
after the age of three he also found blood. If you grant that the features
disappear and reappear again the blood might well be treated as that of
virginity, but if you maintain that they cannot be destroyed until after
the age of three years, that must be the blood of menstruation. Now what is
your decision? — R. Hisda replied, Come and hear: IF ONE WAS YOUNGER THAN THIS AGE, INTERCOURSE WITH HER IS
LIKE PUTTING A FINGER IN THE EYE; what need was there to
state, LIKE PUTTING A
FINGER IN THE EYE' instead of merely saying: IF ONE WAS YOUNGER THAN THIS AGE, INTERCOURSE WITH HER IS of
no consequence'? Does not this then teach us that as the eye tears and
tears again so do the features of virginity disappear and reappear again.
— Babylonian Talmud, Tractate Niddah 45a
Soncino 1961 Edition, page 309-310
Rest for the Intercourse Wound
This Gemara
from Tractate Kethuboth takes up the discussion of the pre-pubescent bride
who is wounded by intercourse.
GEMARA. …
R. Hisda objected: If a girl, whose period to see [blood] had not arrived
yet, got married, Beth Shammai say: One gives her four nights, and the
disciples of Hillel say: Until the wound is healed up. (1) If her period to
see [blood] had arrived and she married, Beth Shammai say: One gives her
the first night, and Beth Hillel say: Until the night following the Sabbath
[one gives her] four nights.
— Babylonian Talmud, Tractate Kethuboth 6a
Soncino 1961 Edition, page 20-21
The translator,
Rabbi Dr. Samuel Daiches, amplifies the text with this footnote.
1.
The blood that comes out is
attributed to the wound and not to menstruation. Ordinarily, after the
first intercourse further intercourse is forbidden until the coming out of
blood, i.e., menstruation, is over. But in this case, in which the young
bride had never yet had any menstruation, it is assumed that the blood is
not due to menstruation but to the wound caused by the intercourse.
According to Beth Shammai this assumption holds good for four nights, and
according to Beth Hillel it holds good 'until the wound is healed up.' As
to the definition of this phrase, v. Nid. 64b. V. also Nid. 65b, where it
is finally decided that after the first coition no further intercourse must
take place until the flowing of blood has stopped, even in the case of a
young bride who had not yet had any menstruation. V. also Eben ha-'Ezer,
63, and Yoreh De'ah, 193.
— Rabbi Dr. Daiches
We have been
told that according to Jewish law, a post-pubescent bride who bleeds after
the first intercourse does not have intercourse again until after her next
menstrual period (above). The situation is different, however, for a bride
who has not reached the age of menstruation. What are the rules concerning
the bleeding pre-pubescent bride? Shammai rabbis say the intercourse wound
should be given four nights rest. The Hillel rabbis recommend abstinence
until the wound is healed (Kethuboth 6a). See also Tractate Niddah, as follows:
MISHNAH. IF A YOUNG GIRL, WHOSE AGE OF MENSTRUATION HAS NOT YET
ARRIVED, MARRIED, BETH SHAMMAI RULED: SHE IS ALLOWED FOUR NIGHTS, AND BETH
HILLEL RULED: UNTIL THE WOUND IS HEALED.
— Babylonian Talmud, Tractate Niddah 64b
Soncino 1961 Edition, page 454
Again, there is
no prohibition of a sexual practice that would almost certainly cause
physical damage to a young girl due to the mismatched sizes of genitals
between an adult's penis and a child's vagina or anus.
Old Fashioned Torah Values?
At a
time when Americans are displaying an ever-increasing interest in all
things Jewish — from kabbala to Senator Joseph Lieberman to "Kosher
Sex" — Dr. Laura is the most popular source for a healthy dose of
Jewish nagging, guilt trips and what she presents as lessons in good
old-fashioned Torah values.
— Forward(5)
We have seen in
Numbers 31:12-18 that Moses permitted grown men to use little girls as
concubines. In the Talmud, grown men are permitted to have sexual
intercourse with female babies and children, and homosexual relations with
boys younger than nine.
Those
"good old fashioned Torah values" are not quite as Christian
America remembers them.
Marital Duties of the Pre-Pubescent Bride
The marital
duties of the pre-pubescent brides are addressed in at least three
tractates in almost the same words (Yebamoth 12b and 100b, Niddah 45a, and
Kethuboth 39a).
In the
following passage, the Sages discuss the use of contraception. All the
Sages agree that a wife younger than eleven — a wife who is too young to
become pregnant — is required to carry on "marital intercourse"
in the normal manner. Recall that those brides can be as young as three,
and sometimes younger.
GEMARA. …
Three classes of woman may use an absorbent (1) in their marital
intercourse: (2) A minor, and an expectant and a nursing mother. The
minor,(3) because otherwise she might become pregnant and die. An expectant
mother, (3) because otherwise she might cause her foetus to degenerate into
a sandal. (4) A nursing mother, (3) because otherwise she might have to
wean her child prematurely, (5) and this would result in his death. And
what is the age of such a 'minor'? (6) From the age of eleven years and one
day to the age of twelve years and one day. One who is under (7) or over
this age (8) must carry on her marital intercourse in a normal manner; so
R. Meir. But the Sages ruled: The one as well as the other carries on her
marital intercourse in a normal manner and mercy (9) will be vouchsafed
from heaven, for it is said in Scripture, The Lord preserveth the
simple (10) …
— Babylonian Talmud, Tractate Niddah 45a
Soncino 1961 Edition, page 311
The translator,
Rev. Dr. Israel W. Slotki, amplifies the text with these footnotes:
1.
Muk, flax or hackled wool.
2.
To avoid conception.
3.
Is permitted the use of the
absorbent.
4.
A fish-shaped abortion. Lit.,
'flat-fish'.
5.
On account of her second conception
which causes the deterioration of her breast milk.
6.
Of whom it has been said that she is
capable of conception but is thereby exposed to fatal consequences.
7.
When conception is impossible.
8.
When conception involves no danger.
9.
To protect them from harm.
10.
Ps. CXVI, 6; sc. those
who are unable to protect themselves. At any rate it was here stated that a
minor under eleven years of age is incapable of conception. …
— Rev. Dr. Slotki
Did Girls Reach Puberty Earlier Then?
It is sometimes
claimed that in the days when the Talmud Sages walked the earth, girls
matured earlier; hence, sexual intercourse with girls three years old and
younger was not inappropriate. However, the Talmud itself repudiates this
assertion.
In Tractate
Niddah 45a (quoted above), the Sages argue: "From the age of eleven years and
one day to the age of twelve years and one day" a girl may use an
"absorbent" (contraception) "because otherwise she might
become pregnant and die." The Sages also say girls younger (than
eleven) must carry on sexual intercourse "in the normal manner."
Therefore, as a general rule, the Sages did not expect a girl younger than
eleven could get pregnant. The statements in Niddah 45a indicate that
sexual maturation of women in the time of the Talmud Sages compares with
sexual maturation of women in our own day.
Or consider the
passage that appears just previous in Niddah 45a:
GEMARA. …
It is related of Justinia the daughter of 'Aseverus son of Antonius that
she once appeared before Rabbi. 'Master', she said to him, 'at what age may
a woman marry?'. 'At the age of three years and one day', he told her. 'And
at what age is she capable of conception?' 'At the age of twelve years and
one day', he replied. 'I', she said to him, 'married at the age of six and
bore a child at the age of seven; alas for the three years that I have lost
at my father's house'. But can a woman conceive at the age of six years?
— Babylonian Talmud, Tractate Niddah 45a
Soncino 1961 Edition, page 310
Justinia's
assertion that she had a child at seven is surprising, and it even
surprises the Sages ("But can a woman conceive at the age of six
years?"). But note that Rabbi (Judah the Prince), who was familiar
with far more than a single girl's experience, estimated twelve as the
earliest age for childbearing. Rabbi would of course be familiar with all
phases of human life from his career of counseling, judging, and recording.
Remember (Talmud Laws of Menstruation), the rabbis
were intimately familiar with the physiological details of their female
parishioners, consulted even on specimens of a woman's vaginal discharge.
Rev. Dr. Slotki remarks on the above Gemara in footnote 10 on the following
page:
10.
… At any rate it was here stated
that a minor under eleven years of age is incapable of conception. How then
is Justinia's story to be reconciled with this statement?
— Rev. Dr. Slotki (3)
The Rights of the Child
The treatment of
children in Orthodox Judaism has caused concern in Italy. A Genoa court,
ruling in a custody dispute, accepted the report of psychologists that
Orthodox Judaism views "exploitation and cruelty to minors as
legitimate … and perverted behavior as normal." For more details,
see Appendix: The Rights of the Child.
The Rudin Standard
Let us consider
again Forward's coverage of Dr. Laura's National Heritage award
from Young Israel.
With 20
million listeners and a tendency to present her conservative views as an
outgrowth of her Orthodox Jewish faith, Dr. Laura may well be Judaism's top
ambassador to middle America.
— Forward (5)
But we notice
Dr. Laura never tells Middle America about the doctrines of Orthodox
Judaism on child-adult sex. We wonder how things would work out for her
ratings if she followed the advice of Rabbi A. James Rudin, Senior
Interreligious Adviser of the American Jewish Committee.
In February
2002, Rabbi Rudin wrote an article for Forward, commenting on
the Vatican's decision to open its World War II archives — partially. In
that context, Rabbi Rudin offered the Vatican the following advice:
… one
thing is clear. Partial, incomplete or pre-selected archival records will
not be enough in a world where transparency and full disclosure is now the
norm if an institution — whether political, financial, or spiritual — is to
maintain its integrity.
— Rabbi A. James Rudin (8)
If it is
important to fully disclose records of historical events, surely it is more
important to fully disclose fundamental religious doctrines that may soon
be embodied in US law — especially when those doctrines are controversial.
On the subject
of child-adult sex, there is a great divide between Talmud culture and
American culture. However, the extent of that divide is known only to one
side. Rabbis in America know and understand American culture, Americans
know almost nothing about Talmud culture. When the fundamental doctrines of
the Talmud are examined carefully, we find that feminist writer Judith
Levine, author of Not Harmful to Minors: The Perils of Protecting
Kids from Sex, is truer to classical Judaism than Dr. Laura.
Jewish
leadership — from the most liberal of the Reform rabbis to the most
conservative of the Orthodox rabbis — have done Judaism a disservice by not
coming forward with the facts and applying Rabbi Rudin's standard of full
disclosure. How can we achieve understanding between people of different
religious faiths if we do not take courage and stand behind our own
religious convictions?
Thank you for your consideration of the above,
Carol A. Valentine, Ear at come-and-hear dot com
July 14, 2003 ( This article is on line at
http://www.come-and-hear.com/editor/america_2.html )
NEXT: New
America 3: Talmud Laws of Menstruation
Suggested activities —
Visit the
website of Rabbi Lapin's Toward Tradition organization and review the links
page. (36) When we visited during the presentation of this
article, we found Toward Tradition is linked to many organizations that
espouse traditional American and traditional Christian values. Other
organizations who might be interested are those who sposor his radio show
and link to his web page.
Consider
sending some of these organizations a CD of this website, or dropping them
an email. Refer them to the laws of the Talmud concerning child-adult sex,
and ask them if they support Talmud law. Let's stimulate informed
discussion of the Talmud among groups of concerned Americans.
As an
alternative, consider locating organizations and prominent individuals who
endorse Dr. Laura, link to her web page, or sponsor her radio show.
As Americans,
we hold that everyone is entitled to understand the principles and
intentions of public groups and public figures. We also hold that
supporters of causes deserve to be fully informed.
Endnotes:
This
and other Come
and Hear™ Studies on Talmudic Judaism can be found online:
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Appendix: The
Rights of the Child — Italian Case
A report in
the Baltimore Jewish Times in February 2000 gives an account
of a custody dispute in Italy. Moshe and Tali Dulberg (sometimes
"Dolberg"), Israeli citizens living in Genoa, were divorced.
Custody of the couple's two girls was initially given to the mother, Tali.
In 1996, Tali was converted to Orthodox Judaism and remarried. Moshe
brought suit for custody of the daughters, asserting that Tali, as an
Orthodox Jew, was now unfit to care for the girls. The court awarded
custody to the father. When arguing the case, Moshe presented to the court
the findings of two psychologists. The Baltimore Jewish Times states
of the psychologists:
They
charged Orthodox Judaism views "exploitation and cruelty to minors as
legitimate … and perverted behavior as normal." They compared Orthodox
parents to drug addicts in their inability to serve as a "loving
source of affection" for their children.
The court, guided by the assumption that the lifestyle of
normal Italian children is self-evidently better, characterized the
Lubavitch movement, through which Tali originally became religious, as a
"totalitarian sect."
Thus, Mr. Dulberg won absolute authority over all
educational decisions involving Nitzan and Danielle, with the explicit goal
that they be exposed to the full range of Italian culture and a
"normal life."
— Baltimore Jewish Times (41)
Note the
abbreviated nature of the Baltimore Jewish Times coverage.
The Times presents only the psychologists' conclusions and
infers the Italians are bigots. However, the court must have seen the
psychologists' evidence and arguments, and the court must have been
convinced. The Times does not describe the Orthodox Jewish
doctrines and practices that prompted the psychologists' concerns.
Nathan Lewin, an
Orthodox Jewish Washington, DC lawyer, and Rabbi Raphael Butler, the
executive Vice President of the Union of Orthodox Jewish Congregations of
America ("Orthodox Union") at that time, arranged a meeting at
the Italian Embassy in Washington, DC to protest the Genoa ruling. Mr.
Lewin and Rabbi Butler should have been familiar with the details of the
psychologists' testimony and the court's decision. They should have known
the doctrines and the practices that worried the psychologists, and they
should have been direct and forthright in correcting the record if the
psychologists and the court were in error. Even if the psychologists
offered no arguments or evidence to support their conclusions and the court
reached its decision in the absence of information, Mr. Lewin and Rabbi
Butler should have been quick to point out the folly.
Mr. Lewin wrote
a follow-up letter summarizing the visit. (42) According to Mr. Lewin's account, neither he nor Rabbi
Butler addressed the court's concern. Instead, Mr. Lewin and Rabbi Butler
changed the subject: They charged that, in coming to its decision, the
Italian court violated the United Nations Convention on the Rights of the
Child. (We met Nathan Lewin in Sentence and Execution, [40]and watched him misrepresent Talmud death penalty law in the
brief he wrote and presented to the US Supreme Court.)
Rabbi Butler's
Orthodox Union also organized a letter-writing campaign targeting Italian
public officials. A prepared letter was posted on the Orthodox Union web
page. (43) A review of the letter reveals the same scarcity of
information: It contains no specifics concerning the doctrines or practices
that worried the psychologists, and no attempt to demonstrate that their
concerns are misplaced or in error. Instead, the Orthodox Union urges
supporters to protest the "injustice" of the ruling, and to scold
the Italians for violating the UN International Convention on the Rights of
the Child.
The following
Italian officials are targeted:
|
Mayor of Venice
Massimo Cacciani
Plazzo Cavalli San-Marco 4089
Venice. 30100,
Italia
Phone: 011-39-041-2748111
Fax: 011-39-041-5200782/ 2748470
sindaco@commune.venezia.it
Office of the Minister of Justice
Min. Oliviero Diliberto
MINISTERO DI GRAZIA E GIUSTIZIA
Via Arenova, 70
00186 ROMA
Italy
Phone: 011-39-06-68851
Fax: 011-39-06-6868187
Minister of Foreign Affairs:
Min. Lamberto Dini
MINISTERO DEGLI AFFARI ESTERI
P. le Faresina, 1
00194 ROMA
Italy
Phone: 011-39-06-36912002
Fax: 011-39-06-36912006
rende@esteri.it
Secretary of the Foreign Minister of Italy
Fabrizio Rende
P. le Faresina, 1
00194 ROMA
Italy
Phone: 011-39-06-36912002
Fax: 011-39-06-36912006
rende@esteri.it
|
Ambassador Sergio Vento
Permanent Representative of Italy to the United Nations
2 UN Plaza, 24th Floor
New York, NY 10017
212-486-9191 (Phone)
212-486-1036 (Fax)
E-mail at italy@un.int
Counsellor Mauro Politi
Mission of Italy to the United Nations
2 United Nations Plaza, 24th floor
New York, NY 10017
Fax: 212- 486-1036
Ambassador Ferdinando Salleo
Embassy of Italy
1601 Fuller Street, N.W.
Washington, D.C. 20009
Fax: 202-483-2187
President Carlo Azeglio Ciampi
PRESIDENZIA DELLA REPUBBLICA
Palazzo del Quirinale
00187 Roma
Italy
Phone: 011-39-06-46991
Phone: 011-39-06-46992696
Fax: 011-39-06-46993125
Prime Minister Massimo D'Alema
PRESIDENZA DEL CONSIGLIO DEI MINISTRI
Piazza Colonna, 370
00187 Roma
Italy
Tel: 011-39-06-67791
Fax: 011-39-06-6794569
Email: salastampa@palazzochege.it
|
— Orthodox Union (44)
From the
Orthodox Jewish perspective, surely this strategy is unwise. If the
mother's case has merit, her case should be fought on its merit. But
instead, Orthodox Jewry is organizing a letter-writing campaign to sway the
judge and public officials with political pressure.
In November
1999, Capt. Dr. Sharon, Israeli psychologist and captain in the Israeli
Defense Force (IDF), wrote a report supporting the mother's case. Like Mr.
Lewin and Rabbi Butler, Capt. Dr. Sharon does not address any specifics: He
makes no attempt to discuss the psychologists' arguments or which Judaic
doctrines and practices caused the concern, and he makes no attempt to show
their concerns were misplaced. Like Mr. Lewin and Rabbi Butler, Capt. Dr.
Sharon changes the subject and claims the court's decision violated the
UN's convention on The Rights of the Child.
What can a rational,
unbiased observer conclude? If the Italian psychologists' concerns are
based on misinformation about Orthodox Judaism, the representatives of
Orthodox Judaism (and the Israeli psychologist) should correct the
misinformation. But since the material issues are being avoided, what
should a reasonable person conclude?
Could the
psychologists be worried about the Talmud laws and doctrines we have
discussed in Sex with Children by Talmud Rules? If so, how
can issues concerning child welfare be settled unless people are forthright
about their religious beliefs? How can people of different faiths come to
an understanding if there is a lack of candor?
Post Script: In
an ironic sequel, Rabbi Raphael Butler, Vice President of the Orthodox
Union, was forced to retire over a child sex abuse case. This from
the Star-Ledger of January 23, 2001:
Sex
scandal fallout ends rabbi-exec's career 01/23/01
BY JOSH MARGOLIN
STAR-LEDGER STAFF
The sex and abuse
scandal that has laid waste to the reputation of a prominent Bergen County
rabbi has now claimed the career of the chief executive of the largest
Orthodox Jewish organization in the world.
Rabbi Raphael
Butler of Queens resigned Friday as executive vice president of the
Manhattan-based Orthodox Union, less than a month after a special
investigative commission found that inaction at the top of the organization
allowed decades of abuse by Rabbi Baruch Lanner of Fair Lawn to continue
unchecked.
The resignation
took effect immediately, and there was no attempt to sugarcoat it as the
Orthodox Union made it clear that Butler quit because he was one of the
leaders who knew about Lanner's activities long before they were made
public.
Lanner was found
to have abused — sexually, physically and emotionally — teenagers entrusted
to his care while he ran the New Jersey region of the National Conference
of Synagogue Youth, the Orthodox Union's youth organization, and worked at
two New Jersey yeshivas, both of them high schools.
Criminal investigations into Lanner's activities in Bergen
and Monmouth counties are continuing.
source & full story:
http://www.njo.com/news/ledger/index.ssf?/jersey/ledger/121f0f2.html
—
The New Jersey Star-Ledger, as relayed by David Icke (46)
Title: Sex with Children by Talmud Rules
URL: http://www.come-and-hear.com/editor/america_2.html
Version: July 26, 2017
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