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16

The latter. If it's called "marriage", it's beyond just what we want. Religion is about things greater than ourselves. Rabbi Haskel Lookstein has, for many years, taught a high school course on Jewish sexual ethics. A few years ago he asked his students how they felt about "spouse swapping", and they assumed that if no one was hurt and all were in ...


13

Good question. Or HaChaim (Bamidbar 25:8) asks the same question, and answers that she had the דין of the animal involved in bestiality -- "ואת הבהמה תהרוגו," "and you shall kill the animal" (Vayikra 20:15). וידקר את שניהם וגו'. קשה בשלמא דקירת איש ישראל כמשפט ההלכה, שקנאים פוגעים בו, אבל האשה אינה חייבת מיתה ואינה מצווה, ואם על חששת היותה אשת איש לא ...


13

The word is sin'af, תִנְאָף. Rashi and Rosh say it refers to sexual relations with a married woman not one's wife. Chizkuni says it refers to any prohibited sexual relations, and, if I understand him correctly, ibn Ezra says the same. S'forno says it refers primarily to the former but also to the latter. (All these sources are in their commentaries on this ...


10

if she confesses she won't be put to death by Beis Din since you need 2 witnesses for that. and if there are 2 witnesses then she won't be tested by the sota water, hence there are not 2 witnesses. therefore, she would be saving her life from the water by confessing and would not be executed by beis din.


10

If a man and a woman married to a different man have sexual intercourse, they are both liable to the death penalty by strangulation (Leviticus 20:10; Mishna Sanhedrin 11:1). The death penalty has not been administered since the Sanhedrin left their court room on the Temple mount in the years preceding the destruction of the Second Temple in Jerusalem (nor ...


9

The Hebrew word here is ne'ifa, and it doesn't occur all that often. The standard interpretation means "intercourse between a married woman and a man not her husband." The Talmud observes that just like commandment #6, #7 can warrant the death penalty in theory. The word is not zonah, which means "stray." That word can either mean prostitution, or a ...


8

The source is Gemara Nazir 23b: אמר ר"נ בר יצחק גדולה עבירה לשמה ממצוה שלא לשמה והאמר רב יהודה אמר רב לעולם יעסוק אדם בתורה ובמצות אפי' שלא לשמן שמתוך שלא לשמן בא לשמן אלא אימא כמצוה שלא לשמה דכתיב (שופטים ה, כד) תבורך מנשים יעל אשת חבר הקני מנשים באהל תבורך מאן נשים שבאהל שרה רבקה רחל ולאה א"ר יוחנן שבע בעילות בעל אותו רשע באותה שעה שנאמר (שופטים ה, כז) ...


8

Our sources discussed this concept long ago. See Shulchan Aruch Yoreh Deah 151:1, e.g. the Talmud discussed whether I may sell frankincense to pagans knowing that they will use it for idolatrous worship. There is a key distinction between enabling a sin (i.e. it would be impossible or incredibly difficult for the sinner to sin without you, or you are ...


7

Shulchan Aruch EH 15:5 states: אשת אביו אסורה לו מן התורה, בין שהיא אשתו מן הנשואין בין מן האירוסין, בין בחיי אביו בין כשמת אביו או גירשה.‏ The wife of one's father is forbidden to him biblically, whether she was his wife from nissu'in or erusin, whether one's father is alive or not or [even if] he divorced her.


7

This is a classic ruba d'leisa kaman. In the overall population, a very, very small number of animals are prohibited. Knowing nothing else, presented with an animal before us, we assume it is permitted. (This is known as "leisa kaman", "it does not appear before us", as the negative outcome is a theoretical. A weaker form of rov is "ruba d'isa kaman", "a ...


6

I don't know about modern poskim, but the Shulchan Aruch (Even HaEzer 4:19) rules that the child of a gentile and a Jewess independent of her marital status is not a mamzer but is disqualified from marrying a kohein (kohanim in general have stricter strictures restricting marriage). None of the standard commentaries there seem to disagree.


6

Hello Baal Rishon, and welcome to J.SE. It sounds like there's a very thorny situation underfoot, and this is going to require a real-life expert rabbi. I strongly recommend you contact the experts at the Beth Din of America. May G-d help everyone involved in this difficult matter, and may it be concluded in such a way that the pain to everyone involved ...


4

welcome to J.SE. For whatever reasons, Judaism originally allowed a man to have more than one wife, whereas a woman could only be married to one man. Therefore, as soon as a woman was married, having relations with any other man would automatically be "adultery." However a married man could in theory run off and marry some other woman in addition to his ...


4

The first stage of a Jewish marriage ceremony is called Kiddushin. The act of kiddushin, designates the woman for her husband and makes her forbidden to all other men, as the talmud says: What does the term kidushin connote? That he [the groom] makes her forbidden to all [men] [miKuDeSHet] like something that is heKDeSH (property consecrated to the holy ...


4

Radak says that this was all in a Maraih Nevua (dream). This can possibly explain why Hosea was accepted as a prophet. Sinning in a dream is not the same as sinning in actuality. See Rav Pealim that it is used as a way for Hashem to let one know that they have to do Teshuva on something they did inappropriate, which in the case of Hosea he inappropriately ...


3

This comment proposes: I think the point of the Gemara is to illustrate that someone's life was ruined by the callous way two people who contrived to ruin it within the bounds of Halachah, as in RaMBa"N's famous interpretation of the Naval BiRshuth HaTorah (VaYikra 19:2)


3

Torah Lishma Question 494 concludes that it is not something one should get killed for.


3

Most opinions hold that the Kares applies only to a Jewish man who has relations with a non-Jewish woman (see Shulchan Aruch Even HaEzer 16), however, there is one minority opinion that it even applies to a Jewish woman who has relations with a non-Jewish man and that is the opinion of Rabbeinu Avrohom HaGadol (quoted by the Shiltei HaGiborim to the Hagahos ...


3

The Rambam in Moreh Nevukhim 3:41 (2nd paragraph) explains the reason behind "an eye for an eye" literally, then says that we should not be bothered that the law is that one pays, because his goal is to explain the written Torah, not the halakhah, and one who wants an explanation of the halakhah should consult the Rambam in person. The commentator Narboni ...


2

Rambam » Sefer Shoftim » Melachim uMilchamot » Halacha 7 A gentile is not executed for adultery with his colleague's wife unless they engage in relations in the normal manner after she had engaged in relations with her husband at least once. However, if she was merely consecrated or had undergone a wedding ceremony, but had never engaged in ...


2

The Talmud Kesubos 9a says it was forced. In the case of force, the rule that the two are not allowed to subsequently marry doesn't apply. Rav Amnon Bazek argues here that this force wasn't rape in the classic sense, but rather she had no choice about going to the king, as when the king sends guards to get you, you can't refuse. Unstated is the underlying ...


2

A mamzer is the result of a relationship prohibited to the point of spiritual excision (Mishna, Yevamos 4:13). There is no prohibition of any severity for relations with one's self. Every act of normal relations that is prohibited has a verse and explanation of what relationship between those two people forbids their relations. Homosexual relations, which ...


2

A get can only be a get from the time that it is actually given, so it cannot be given retroactively. But a dated get can be given with a stipulation that it will not take effect until a certain date or until a certain condition is fulfilled in the future, at which time the get will be effective from the time it was given.


2

Introduction What could be contained in this question, and manner in which we answer it, is going to depend on several things. First of all, we should clarify what we're asking about: your specific question mentioned only phrases that needed 'reinterpretation', but there are many more cases that deserve inquiry, such as gezairah shavas (see the Rambam's ...


1

Although all mitzvos are commandments from Hashem whose ultimate rationales are not known to us, Rambam writes (Hilchos Temurah 4:13) that we may nevertheless speculate on the reasons of the mitzvos. Perhaps the act of sin that is between man and G-d (e.g. gilui arayos) is intrinsically sinful and the consensual aspect does not mitigate its severity. ...


1

Your question is an important one, which can be directed towards many laws found in the Torah, as you seem to suggest. The principle which would answer it is this: the Torah was given along with the Oral Law (see Mishne Torah intro). Moshe Rabbeinu was the one who explained the Torah for the Israelites throughout their wanderings in the wilderness. It was ...


1

In Sanhedrin 58b Rav Dimi brings a case of a master who designates a maidservent (gentile) to a male servant (gentile) and another gentile comes along and has biah with her he is killed. Rav Nachmun writes when is the maidservant considered set aside to him when she is called ploni's girl. See the gemara starting from daf 57 on the topic of bnei noach.


1

If you wronged them in a matter between one person and another, then obviously yes. Just as if you'd embezzled funds from someone or broken their heart. If they were perfectly happy with the act then I don't know what an apology is trying to accomplish. E.g. if I went out with my buddy Ted and we ate cheeseburgers, I need to confess to G-d and repent for ...


1

I have recently found what may be the earliest printed example of this drosh, in an unattributed passage in R' Baruch haLevi Epstein's Torah Temimah. It commences on p353, about halfway through the paragraph that begins with ודעת ר' עקיבא, and continues until the end of the paragraph on the following page. Unfortunately, R' Epstein was a notorious ...


1

in the artscroll book Reb Mendel, Rabbi Mendel Kaplan zt'l is quoted as saying that David saw with divine inspiration (ruach hakodesh) that she was his soulmate in all the mystical worlds, just not yet in this one. there is support for this in that Solomon came specifically from her.



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