If a married man or woman propositions sexual misconduct to a person, or a man or woman propositions a person they know is married, is there a prescribed penalty according to the law, i.e. would a a court of law apply any punishment, in practice?
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2Note that a married man's sleeping with an unmarried woman is a different prohibition from a married woman's sleeping with an unmarried man.– Double AA ♦Dec 28, 2014 at 19:36
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I doubt there's anything an earthly court would do; I can't say about the Heavenly Court. What do you mean when you say "according to the law"?– MTLDec 28, 2014 at 19:44
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@Shokhet I mean according to the Torah and the Talmud.– AndrewDec 28, 2014 at 20:36
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1@Andrew Still a little unclear.....what I meant to ask you was, is your question about whether a Jewish court of law would take action to punish this, or whether God would punish this? ....you could have the second without having the first.– MTLDec 28, 2014 at 21:44
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4I happened to find an answer to your question when I was learning something else, but I can't post it here until I know what you meant to ask -- do you want to know if a court of law will punish this, or what God thinks about it?– MTLDec 30, 2014 at 14:45
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1 Answer
In parashat matot the beginning it says if a woman thought that her vow was still in effect, but it had been already nullified by the husband and there is no prohibition, and she "violates", she still needs atonement. This shows that even the attempt to sin needs atonement.
Rabbi Akiva commented on this: if we see even an attempt needs atonement, surely if one actually sinned that they need atonement. See Rashi there.
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2Does the need for atonement entail punishability/penalty "under the law"?– WAFDec 29, 2014 at 3:40
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