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EVIDENCE THAT TRADITIONAL JEWISH LAW ALLOWS SEX WITH 3-YEAR-OLDS

Traditional Jewish texts affirm that it is permissible for a Jewish man to have sex with 3 year old girls. Why?

It is because they are following what they believe to be the example of their Prophet Isaac.

It is held that Isaac married his wife Rebecca (Rivka) when she was 3 years old.

This belief is based on the text of the Hebrew Bible, as well as interpretations of the Bible by the highest Jewish authorities in exegesis like Rashi.

Rashi states:

"FORTY YEARS OLD — For when Abraham came from Mount Moriah he received the news that Rebecca was born (22:20). Isaac was then thirty-seven years old, because at that time Sarah died and from the birth of Isaac until the Binding — when Sarah died — there were 37 years since she was 90 years old when Isaac was born and 127 when she died, as it is said, (23:1) “And the life of Sarah was [one hundred and twenty seven years]” — thus Isaac was then 37 years old. At that period Rebecca was born and he waited until she was fit for marriage — 3 years — and then married her (Seder Olam)."

Look at the link and check for yourself.

https://sefaria.org/Rashi_on_Genesis.25.20.1?lang=bi

Jewish law holds that since Isaac had sex with a 3 year old, this provides a norm of permissibility for all later Jews to follow.

The Talmud endorses such a view. Hence, it teaches that older Jewish men are permitted to have sex with 3 year olds. This is reflected in many passages.

One is Nidda 44b

"MISHNA: A girl who is three years and one day old, whose father arranged her betrothal, is betrothed through intercourse, as the halakhic status of intercourse with her is that of intercourse in all halakhic senses."

https://sefaria.org/Niddah.44b.9?lang=bi&with=all&lang2=en

This same idea is reiterated in Sanhedrin 55b, which states:

"Rav Yosef says: Come and hear a resolution from a mishna (Nidda 44b): A girl who is three years and one day old whose father arranged her betrothal is betrothed with intercourse, as the legal status of intercourse with her is that of full-fledged intercourse. And in a case where the childless husband of a girl who is three years and one day old dies, if his brother, the yavam, engages in intercourse with her, he acquires her as his wife; and if she is married, a man other than her husband is liable for engaging in intercourse with her due to the prohibition of intercourse with a married woman."

https://sefaria.org/Sanhedrin.55b.4?lang=bi

Today, many Jewish apologists claim that the Talmud does not really say what it appears to say.

However, the same teaching is explicitly affirmed in Josef Karo's Shulchan Aruch - one of the two most authoritative texts on Jewish law and the interpretation of legal material in the Talmud.

The relevant passage in Shulchan Aruch reads as follows:

"All the Laws Concerning Betrothal of a Minor

"The father may betroth his daughter without her consent, all the time she is a minor. Likewise when she is a na’arah the father has control over her and the betrothal money belongs to him.

"Likewise he is entitled to her finds, to the production of her hands, and to her wedding contract. If she be widowed or divorced from the betrothal, he is entitled to everything until she comes of age. Therefore the father accepts the betrothal money, etc. of his daughter from the day she is born until she comes of age. Even if she was a deaf-mute or insane and the father betrothed her, behold she is a fully married woman.

If she were three years old and one day she may be betrothed by means of Bi’ah [i.e., sexual intercourse] with the consent of her father. If she is younger than this, if her father hands her over for intercourse, she is not betrothed.

Look at the link and check for yourself.

Are these arguments valid? Or are they a misrepresentation of the religion?

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It is held that Isaac married his wife Rebecca (Rivka) when she was 3 years old.

Even if that is correct she wasn't a three year old the way we think of three year olds today. She was capable of going to a well to get water for her family and then giving water to ten camels so she must have had the physical and mental maturity of a modern teenager. Secondly even assuming she was biologically three years old at the time (there are other opinions in the medrash) that does not mean the marriage was consummated at the time.

MISHNA: A girl who is three years and one day old, whose father arranged her betrothal, is betrothed through intercourse,

There is a legal technicality. See below

If she were three years old and one day she may be betrothed by means of Bi’ah [i.e., sexual intercourse] with the consent of her father

Again this is a legal technicality. It is entirely conceivable that is specific (but of course very limited) circumstances it would benefit a girl that her father as her legal guardian marry her off with this being the only way to do so. On a general level however that is not allowed.

Whoever misinformed you about this gave you the location of the Mishna but did not give you the source of where this is written in Shulchan Aruch. For a simple reason. He did not want you to read a few lines further because you would see that it clearly says (SA OH 37:8) you
מצוה שלא יקדש בתו כשהיא קטנה עד שתגדיל ותאמר בפלוני אני רוצה It is a mitzvah that one should not betroth his daughter while she is a minor, rather until she has grown and says “I want(to marry) so and so" (The Gemara this is based on says it is forbidden) The Rema continues to discuss doing so and says it is done today (then) because of the benefit the girl and risk to her if you wait until she is older. The Rambam Ishus 3:19 also says similar to the Shulchan Aruch based on the same Gemara.

This is discussing child marriage in general. Marriage through intercourse is forbidden behavior even for an adult. The Rambam Ishus 3:21 says אֵין מְקַדְּשִׁין בְּבִיאָה לְכַתְּחִלָּה וְאִם קִדֵּשׁ בְּבִיאָה מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת
If a man marries through intercourse , he is given lashes This is based on explicit Gemaras

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