The Torah Sex Laws By Categories Of “With”

(Reactionary atheistic Jews, please, cover your eyes now!!! This post is not for you!(1))

I’m just going to say right here, that I think Dr. Idan Dershowitz is right on Torah about this! This what? The trained misreading of our Torah in this modern monotheistic religious age. So, allow me to refresh our Torah laws with this post here, before encouraging you to read his article in the New York Times. I’ve also supplemented this with additional reading for those who are interested.

Allow me, please, to begin with a question: Just how deeply have we been cultured, taught to believe, through longstanding interpretive religious precedence to misread the sexual prohibition laws in the Torah? Another question flurry, if you will allow me:

Did you know that: Three laws (verses) prohibit specific sexual acts with *both* man and woman; two laws focus specifically on two types of men that are prohibited to a man; twelve of these laws prohibit all the women that a man shall not have sex with and, lastly, one law prohibits sex with non-humans? Now, add to this one additional note, that five of these laws contain two parts – the law itself and a conditional/emphasis that immediately follows within the law (significant!).

Now, mind you, this is just Chapter 18 on its own, which a later law code is based upon. Please allow me to briefly categorize this chapter’s laws accordingly, then I’ll do similiarly with Chapter 20, which repeats very specific ones of these laws with a punishment attached. I hope that you are like me, and *cannot help* but be fascinated by which laws actually make the “punishment list” in Chapter 20! Let us begin, shall we?

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Vayikra/Leviticus 18 laws prohibiting sex with a man and a woman:

6 No man shall come near to any of his close relatives, to have sex with them. I am the Landlord (god-King).
ואִ֥ישׁ אִישׁ֙ אֶל־כָּל־שְׁאֵ֣ר בְּשָׂר֔וֹ לֹ֥א תִקְרְב֖וּ לְגַלּ֣וֹת עֶרְוָ֑ה אֲנִ֖י יְהוָֹֽה:

7a You shall not have sex with your father, nor have sex with your mother;
זעֶרְוַ֥ת אָבִ֛יךָ וְעֶרְוַ֥ת אִמְּךָ֖ לֹ֣א תְגַלֵּ֑ה
7b She is your mother; you shall not have sex with her.
אִמְּךָ֣ הִ֔וא לֹ֥א תְגַלֶּ֖ה עֶרְוָתָֽהּ:

21 And you shall not give any of your offspring (male and female children) into sacred prostitution.
כאוּמִזַּרְעֲךָ֥ לֹֽא־תִתֵּ֖ן לְהַֽעֲבִ֣יר לַמֹּ֑לֶךְ וְלֹ֧א תְחַלֵּ֛ל אֶת־שֵׁ֥ם אֱלֹהֶ֖יךָ אֲנִ֥י יְהוָֹֽה:

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Vayikra/Leviticus 18 laws prohibiting sex with a male:

14a You shall not have sex with your uncle;
ידעֶרְוַ֥ת אֲחִֽי־אָבִ֖יךָ לֹ֣א תְגַלֵּ֑ה
14b you shall not come near his wife; she is your aunt.
אֶל־אִשְׁתּוֹ֙ לֹ֣א תִקְרָ֔ב דֹּדָֽתְךָ֖ הִֽוא:

22a You shall not have sex with a male;
כב וְאֶ֨ת־זָכָ֔ר לֹ֥א תִשְׁכַּ֖ב
22b [on] conjugal-bed of wife: this is an abomination.
מִשְׁכְּבֵ֣י אִשָּׁ֑ה תּֽוֹעֵבָ֖ה הִֽוא:

(Note: מִשְׁכְּבֵ֣י is an irregular plural noun, that is being used here in this pasuk as a singular object of the woman, in the same manner as this noun is used in Bereishit/Genesis 49.4 to mean “bed,” “marriage-bed,” “bed for two,” “conjugal bed.” Who taught us to view this noun, which is only used in these two places of the Torah – once in a story and once in a law pasuk (repeated twice), as a euphemism verb for sex with a woman? Torah reader beware!)

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Vayikra/Leviticus 18 laws regarding sex with a woman:

8 You shall not have sex with your father’s wife; this your father’s sexualness.
חעֶרְוַ֥ת אֵֽשֶׁת־אָבִ֖יךָ לֹ֣א תְגַלֵּ֑ה עֶרְוַ֥ת אָבִ֖יךָ הִֽוא:

9 You shall not have sex with your sister, any biological sister.
טעֶרְוַ֨ת אֲחֽוֹתְךָ֤ בַת־אָבִ֨יךָ֙ א֣וֹ בַת־אִמֶּ֔ךָ מוֹלֶ֣דֶת בַּ֔יִת א֖וֹ מוֹלֶ֣דֶת ח֑וּץ לֹ֥א תְגַלֶּ֖ה עֶרְוָתָֽן:

10 You shall not have sex with your granddaughter.
יעֶרְוַ֤ת בַּת־בִּנְךָ֙ א֣וֹ בַת־בִּתְּךָ֔ לֹ֥א תְגַלֶּ֖ה עֶרְוָתָ֑ן כִּ֥י עֶרְוָֽתְךָ֖ הֵֽנָּה:

11 You shall not have sex with your half-sister, she is your sister.
יאעֶרְוַ֨ת בַּת־אֵשֶׁ֤ת אָבִ֨יךָ֙ מוֹלֶ֣דֶת אָבִ֔יךָ אֲחֽוֹתְךָ֖ הִ֑וא לֹ֥א תְגַלֶּ֖ה עֶרְוָתָֽהּ:

12 You shall not have sex with your aunt, your father’s sister.
יבעֶרְוַ֥ת אֲחֽוֹת־אָבִ֖יךָ לֹ֣א תְגַלֵּ֑ה שְׁאֵ֥ר אָבִ֖יךָ הִֽוא:

13 You shall not have sex with your aunt, your mother sister.
יגעֶרְוַ֥ת אֲחֽוֹת־אִמְּךָ֖ לֹ֣א תְגַלֵּ֑ה כִּֽי־שְׁאֵ֥ר אִמְּךָ֖ הִֽוא:

15 You shall not have sex with your daughter in law; she is your son’s wife.
טועֶרְוַ֥ת כַּלָּֽתְךָ֖ לֹ֣א תְגַלֵּ֑ה אֵ֤שֶׁת בִּנְךָ֙ הִ֔וא לֹ֥א תְגַלֶּ֖ה עֶרְוָתָֽהּ:

16 You shall not have sex with your sister in law, your brother’s wife.
טזעֶרְוַ֥ת אֵֽשֶׁת־אָחִ֖יךָ לֹ֣א תְגַלֵּ֑ה עֶרְוַ֥ת אָחִ֖יךָ הִֽוא:

17a You shall not have sex with a woman and her daughter;
יזעֶרְוַ֥ת אִשָּׁ֛ה וּבִתָּ֖הּ לֹ֣א תְגַלֵּ֑ה
17b you shall not marry her granddaughter, to have sex with her.
אֶת־בַּת־בְּנָ֞הּ וְאֶת־בַּת־בִּתָּ֗הּ לֹ֤א תִקַּח֙ לְגַלּ֣וֹת עֶרְוָתָ֔הּ שַֽׁאֲרָ֥ה הֵ֖נָּה זִמָּ֥ה הִֽוא:

18 And you shall not marry a woman and her sister as rivals, to have sex with one upon the other, in her lifetime.
יחוְאִשָּׁ֥ה אֶל־אֲחֹתָ֖הּ לֹ֣א תִקָּ֑ח לִצְרֹ֗ר לְגַלּ֧וֹת עֶרְוָתָ֛הּ עָלֶ֖יהָ בְּחַיֶּֽיהָ:

19 You shall not come near to have sex with a woman while she is menstruating.
יטוְאֶל־אִשָּׁ֖ה בְּנִדַּ֣ת טֻמְאָתָ֑הּ לֹ֣א תִקְרַ֔ב לְגַלּ֖וֹת עֶרְוָתָֽהּ:

20 You shall not have sex with your neighbor’s wife, to become defiled by her.
כוְאֶל־אֵ֨שֶׁת֙ עֲמִ֣יתְךָ֔ לֹֽא־תִתֵּ֥ן שְׁכָבְתְּךָ֖ לְזָ֑רַע לְטָמְאָה־בָֽהּ:

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Vayikra/Leviticus 18 laws regarding sex with non-human creatures:

23a You shall not have sex with any non-human creature, to become defiled by it;
כגוּבְכָל־בְּהֵמָ֛ה לֹֽא־תִתֵּ֥ן שְׁכָבְתְּךָ֖ לְטָמְאָה־בָ֑הּ
23b And a woman shall not stand in front of an animal to have sex with it; this is depravity.
וְאִשָּׁ֗ה לֹא־תַֽעֲמֹ֞ד לִפְנֵ֧י בְהֵמָ֛ה לְרִבְעָ֖הּ תֶּ֥בֶל הֽוּא:

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Okay, now, please tell me that you are as interested as me as to which of these former prohibitions make the punishment list two chapters over! Anyone?!!! (Maybe, I’m imagining it, but I see one hand. Yes!!!) Let’s do this!

Vayikra/Leviticus 20 laws prohibiting adultery with a woman, sex with mother/mother-in-law, sex with daughter, adultery with a male, mother and daughter sex, male animal sex, female animal sex, sister/half-sister sex, sex during menstruation, sex with aunts, aunt sex, sister in law sex – in this strange random order that *does not* match Chapter 18’s order (Hmmm, I wonder why? Don’t you?!!!):

10 And a man who has sex with another man’s wife, the adulterer and the adulteress shall be put to death.
יוְאִ֗ישׁ אֲשֶׁ֤ר יִנְאַף֙ אֶת־אֵ֣שֶׁת אִ֔ישׁ אֲשֶׁ֥ר יִנְאַ֖ף אֶת־אֵ֣שֶׁת רֵעֵ֑הוּ מֽוֹת־יוּמַ֥ת הַנֹּאֵ֖ף וְהַנֹּאָֽפֶת:

11 And a man who has sex with his father’s wife has exposed his father’s sexualness: both of them shall be put to death; their blood is upon them.
יאוְאִ֗ישׁ אֲשֶׁ֤ר יִשְׁכַּב֙ אֶת־אֵ֣שֶׁת אָבִ֔יו עֶרְוַ֥ת אָבִ֖יו גִּלָּ֑ה מֽוֹת־יֽוּמְת֥וּ שְׁנֵיהֶ֖ם דְּמֵיהֶ֥ם בָּֽם:

12 And a man who has sex with his daughter in law both of them shall be put to death; they have committed a depravity; their blood is upon them.
יבוְאִ֗ישׁ אֲשֶׁ֤ר יִשְׁכַּב֙ אֶת־כַּלָּת֔וֹ מ֥וֹת יֽוּמְת֖וּ שְׁנֵיהֶ֑ם תֶּ֥בֶל עָשׂ֖וּ דְּמֵיהֶ֥ם בָּֽם:

13 And a man who lies with a male [on] conjugal-bed of wife, both of them have committed an abomination; they shall surely be put to death; their blood is upon them.
יגוְאִ֗ישׁ אֲשֶׁ֨ר יִשְׁכַּ֤ב אֶת־זָכָר֙ מִשְׁכְּבֵ֣י אִשָּׁ֔ה תּֽוֹעֵבָ֥ה עָשׂ֖וּ שְׁנֵיהֶ֑ם מ֥וֹת יוּמָ֖תוּ דְּמֵיהֶ֥ם בָּֽם:

14 And a man who has sex with a woman and her mother, it is evilness. They shall burn him and them in fire, and there shall be no evil in your midst.
ידוְאִ֗ישׁ אֲשֶׁ֨ר יִקַּ֧ח אֶת־אִשָּׁ֛ה וְאֶת־אִמָּ֖הּ זִמָּ֣ה הִ֑וא בָּאֵ֞שׁ יִשְׂרְפ֤וּ אֹתוֹ֙ וְאֶתְהֶ֔ן וְלֹא־תִֽהְיֶ֥ה זִמָּ֖ה בְּתֽוֹכְכֶֽם:

15 And a man who lies with a non-human creature, shall be put to death, and you shall kill the non-human creature.
טווְאִ֗ישׁ אֲשֶׁ֨ר יִתֵּ֧ן שְׁכָבְתּ֛וֹ בִּבְהֵמָ֖ה מ֣וֹת יוּמָ֑ת וְאֶת־הַבְּהֵמָ֖ה תַּֽהֲרֹֽגוּ:

16 And a woman who comes close to any non-human creature, so that it will mate with her, you shall kill the woman and the non-human creature; they shall be put to death; their blood is upon themselves.
טזוְאִשָּׁ֗ה אֲשֶׁ֨ר תִּקְרַ֤ב אֶל־כָּל־בְּהֵמָה֙ לְרִבְעָ֣ה אֹתָ֔הּ וְהָֽרַגְתָּ֥ אֶת־הָֽאִשָּׁ֖ה וְאֶת־הַבְּהֵמָ֑ה מ֥וֹת יוּמָ֖תוּ דְּמֵיהֶ֥ם בָּֽם:

17 And a man who has sex with his sister or his half-sister, it is a disgraceful act, and they shall be cut off before the eyes of the members of their people; he uncovered his sister’s nakedness; he shall bear his sin.
יזוְאִ֣ישׁ אֲשֶׁר־יִקַּ֣ח אֶת־אֲחֹת֡וֹ בַּת־אָבִ֣יו אֽוֹ־בַת־אִ֠מּ֠וֹ וְרָאָ֨ה אֶת־עֶרְוָתָ֜הּ וְהִֽיא־תִרְאֶ֤ה אֶת־עֶרְוָתוֹ֙ חֶ֣סֶד ה֔וּא וְנִ֨כְרְת֔וּ לְעֵינֵ֖י בְּנֵ֣י עַמָּ֑ם עֶרְוַ֧ת אֲחֹת֛וֹ גִּלָּ֖ה עֲו‍ֹנ֥וֹ יִשָּֽׂא:

18 And a man who has sex with a menstruating woman, both of them shall be cut off from the midst of their people.
יחוְאִ֠ישׁ אֲשֶׁר־יִשְׁכַּ֨ב אֶת־אִשָּׁ֜ה דָּוָ֗ה וְגִלָּ֤ה אֶת־עֶרְוָתָהּ֙ אֶת־מְקֹרָ֣הּ הֶֽעֱרָ֔ה וְהִ֕וא גִּלְּתָ֖ה אֶת־מְק֣וֹר דָּמֶ֑יהָ וְנִכְרְת֥וּ שְׁנֵיהֶ֖ם מִקֶּ֥רֶב עַמָּֽם:

19 And you shall not have sex with your aunts, they shall bear their sin.
יטוְעֶרְוַ֨ת אֲח֧וֹת אִמְּךָ֛ וַֽאֲח֥וֹת אָבִ֖יךָ לֹ֣א תְגַלֵּ֑ה כִּ֧י אֶת־שְׁאֵר֛וֹ הֶֽעֱרָ֖ה עֲו‍ֹנָ֥ם יִשָּֽׂאוּ:

20 And a man who has sex with his aunt, he has exposed his uncle’s sexualness; they shall bear their transgression; they shall die childless.
כוְאִ֗ישׁ אֲשֶׁ֤ר יִשְׁכַּב֙ אֶת־דֹּ֣דָת֔וֹ עֶרְוַ֥ת דֹּד֖וֹ גִּלָּ֑ה חֶטְאָ֥ם יִשָּׂ֖אוּ עֲרִירִ֥ים יָמֻֽתוּ:

21 And a man who has sex with his brother’s wife, a repulsive act, he has exposed his brother’s sexualness; they shall be childless.
כאוְאִ֗ישׁ אֲשֶׁ֥ר יִקַּ֛ח אֶת־אֵ֥שֶׁת אָחִ֖יו נִדָּ֣ה הִ֑וא עֶרְוַ֥ת אָחִ֛יו גִּלָּ֖ה עֲרִירִ֥ים יִֽהְיֽוּ:

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I am truly sorry if you don’t see it, but the two in Chapter 21 that stands out to *me* are the laws (verses) 14 and 19 – mother and daughter sex, and sex with aunts. They are the most egnimatic of all the punishment verses, and they have nothing to do with “homo”sexuality. Why are they not the modern religious targets for religious discrimination?(2) Let me rephrase, please. So, *why* all this modern 20th-21st century focus on homosexuals?!!!

Now, with this informative review of “Biblical” law now over with, let’s explore what Idan Dershowitz has shared with us in the following article. It is *not* my job to convince you all that the Torah never once prohibited homosexual sex in general (though I’ve been publicly teaching this since 2004 CE) or, for that matter, homosexual marriages/unions. It is *your* job to study the ANE inherited texts on *their* own terms and in *their* historical context.

I challenge anyone to prove to me that *any* ancient nation felt so legalistically hateful of male-on-male sex, as we have so hated in the last two centuries of our recently homophobic human existence on this planet! Seriously, prove to me that I am wrong, and I will recant!!!

https://www.nytimes.com/2018/07/21/opinion/sunday/bible-prohibit-gay-sex.html

The Secret History of Leviticus
By Idan Dershowitz
Dr. Dershowitz is a biblical scholar.
July 21, 2018

https://www.sefaria.org/sheets/83346?lang=bi

Judaism and the Gays: Part 1 – Dealing with Mishcav Zachar

One final note for this page: And, if we must simply look upon this noun the hard way – treating it as a euphemism for sexual intercourse, rather than wondering whether על al “upon” was, at one time, originally in the pasuk or just assumed – then, here is Orthodox Rabbi Steve Greenberg’s take on this, which still amounts to the same meaning for the 18.22 & 20.13 pasuk:

“Additionally, “mishkavei avicha” is usually translated as your father’s bed which I believe is a misinterpretation based on other uses of “mishavei” in tanach. It should be interpreted as the lyings of your father as in when you mounted a woman who sleeps with your father. If we use this reading for Reuven we should be consistent and use it in the case of “mishkavei isha.” “Ve’et zachar lo tishcav” – and a man should not lie, “mishcavei isha” – with a man who lies with women (heterosexuals) “toevah hi” – it is an abhorrence. Basically, we are saying that it is an abhorrence for gay men to sleep with heterosexual men. This also fits perfectly with the nature of the word “mishcavei” that is speaking about lying in the “atypical manner” and denotes rape, violence, and abuse of power that we get from the story of Reuven.”

Either way that we “interpret” the meaning of this ancient word משכבי – that Bereishit 49.4 is being mis-translated as a “bed of,” a furniture object for two to sleep on, or that Vayikra 18.22 and 20.13 is being mis-translated as “lyings of” when it should be “bed of” – the end meaning of this pasuk (repeated twice, once with punishment) is the following: “A *married man*, a man married to a woman, shall not have sex with a man, this is abhorrent!”

(1) I started this post with: “Reactionary atheistic Jews, please, cover your eyes now!!! This post is not for you!” This is why: I have never had to apologize for what is in the Torah! But, I have had to apologize too many damn times now for the *behaviors* and *attitudes* of modern folk who: 1) Don’t know how to read Hebrew, 2) were raised misreading the Torah, and 3) don’t wish to understand what the Torah actually says *on its own terms*! This is so disheartening. But, we press on to liberate our ancient tapestry of inherited literatures from the interpretative perversions of modern monotheistic religions upon this planet!

(2) By the way, as a non-theistic traditional Jewish community, we stand firmly against halacha enforcement upon Jews, believing that to follow religious law should be an individual’s choice – for ours is an ever-evolving ethno-religious way of life. We also stand firmly against any religion’s enforcement of its laws upon the general populations of human beings upon this planet. Religion has no place in civil discourse, period, anywhere in this world!

For further thoughts on how cross-dressing relates to this page on familial sexual relations, please read our previous post, which goes deeply into this subject of homosexuality. – http://www.aniyostsef.com/kahal/2020/05/26/torahs-actual-laws-about-homosexuality-and-cross-dressing/

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Just One More Example For This Page

I’ll give one more example here, because it (with others) is used as a justification for treating the irregular plural noun משכבי as a euphemism for sexual relations, rather than as a singular object denoting a plural purpose.

In Bamidbar 31.35 we have the phrase:
וְנֶ֣פֶשׁ אָדָ֔ם מִן־הַנָּשִׁ֔ים אֲשֶׁ֥ר לֹא־יָֽדְע֖וּ מִשְׁכַּ֣ב זָכָ֑ר כָּל־נֶ֕פֶשׁ שְׁנַ֥יִם וּשְׁלשִׁ֖ים אָֽלֶף:

This pasuk is commonly translated in English Bibles in the following way:

“As for the people, of the women who had no experience of intimate relations with a man, all souls were thirty two thousand.” (Chabad, TCT)

Now, please note that this is an interpretive translation, not a word for word translation of the pasuk. If we were to say in English what the Hebrew itself says, then we would have to render this pasuk in the following way:

“Of humans bodies, of the women which knew not man’s bed, all bodies were thirty-two thousand.”

A big difference, yes? First, allow me to point out that נפש nefesh is a word that describes a physical being, whether in “body” or in living “essense” of this body. Any breathing creature, dead or alive, is a nefesh in the Torah. In the time period of Torah redacting, the Greeks had not come along yet to introduce us to the idea of a “non-corporeal soul.” So, to give that interpretive translation does injustice to this ancient text! Second, we have the afforementioned interpretive translation of “man’s bed,” משכב זכר, being render into English as a euphemism – as “intimate relations,” “carnal knowledge,” etc. Yes, this may be the implied meaning, but this is *not* what the Hebrew said!

Giving meaning to a text that was not intended, such as saying that משכבי in Vayikra has to mean a euphemism for sex, because we see such in a word phrase in Bamidbar, משכב זכר, this is called taking liberties with the text, or speaking for the text. Placing assumptions upon the texts, rather than letting the pasukim speak on its own terms.