Clarifying the prohibition of Mishkav Zachar

Question

Vayikra 18:22 teaches the prohibition of penetrating a man:

וְאֶת-זָכָר — לֹא תִשְׁכַּב, מִשְׁכְּבֵי אִשָּׁה: תּוֹעֵבָה, הִוא.

Thou shalt not lie with mankind, as with womankind; it is abomination.

Vayikra 20:13 teaches the punishment:

וְאִישׁ, אֲשֶׁר יִשְׁכַּב אֶת-זָכָר מִשְׁכְּבֵי אִשָּׁה — תּוֹעֵבָה עָשׂוּ, שְׁנֵיהֶם; מוֹת יוּמָתוּ, דְּמֵיהֶם בָּם.

And if a man lie with mankind, as with womankind, both of them have committed abomination: they shall surely be put to death; their blood shall be upon them.

However, the latter verse seems¹ to limit punishment to the case of a man penetrating.

1. Does the prohibition extend to using implements other than the usual bodypart?

2. Does a woman penetrating² count as a) biah, or b) mukas eitz, or c) negiah?

   If a): Is a woman forbidden from penetrating a man mid'oraisa³? Is it punishable too?

   If b) or c): Is a woman forbidden from penetrating a man mid'rabanan, just as with she would be forbidden⁴ from penetrating a woman?

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<sup>1. Sanhedrin 54a, could be understood as limiting the prohibition to adults, however, I do not understand why that would need to be specified more than by other mitzvos.
2. With anatomy available through medical condition or, assuming it doesn't halachically change sex, deliberate act.
3. Or is the prohibition limited to only the gender for which it is generally possible. In that case it it missing from the list in Kiddushin 1:7.
4. Kal vachomer from prohibition on intimate touch</sup>

Answer 1

As is always the case for practical questions, consult your Local Orthodox Rabbi.

• Much of this question is not clear in halacha. Status of female penetration is not clear in halacha. Gender of a woman in situations described in the question is not clear in halacha. Rabbinic ruling in this area is also not clear in halacha. It is very important to ask an Orthodox rabbi for guidance.

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Rashi, (Lev 20:13) describes the prohibition as 'entering like a brush into a tube'. This is a euphemism used in the Talmud, (Makkos 7a) to describe the forbidden action. The context of the talmud strongly suggests that only the usual body part is forbidden, on a biblical level, and the Rambam, (Hil' Issurei Biah 1:9,11), explains this action in detail, mentioning only the usual body part. He also codifies the biblical-level prohibition as being between two men, (ibid 1:14).