0

Let's assume that we expound the reasoning behind the pesukim for the sake of this question, a matter which is a dispute between R' Shimon and R' Yehudah. Let's also assume that I don't get put in cheirem for asking this question.

Polyandry (also known as eishes ish) is forbidden as a capital crime, because it would be unclear who the father is, which can lead to all sorts of issues, such as Kibbud Av and arayos (Sefer HaChinuch Mitzvah 35).

Nowadays DNA testing is possible, and with a little swab of saliva it's possible to determine who your parents and ancestors are. With this technology, this reason is a moot point. According to R' Shimon, therefore, would eishes ish be permissible nowadays?

(This is all a theoretical question. I am not assuming that we pasken like R' Shimon. All I am asking is, given these assumptions, is my conclusion correct.)

  • I think the question would be phrased better by asking to understand Rabbi Shimon altogether. – Shmuel Brin Apr 9 '17 at 15:42
4

Paskening like R' Shimon is not the issue. R' Shimon does not mention anywhere that the reason for the Torah's decree against adultery is simply to avoid issues of lineage, child support, or honoring parents. Nowhere in Shas or Poskim does such a suggestion exist. The Sefer HaChinuch (and the Moreh Nevuchim as well) may give certain reasons in logic for certain mitzvos. That does not mean that their Halachic stance was to espouse an opinion that the act would be permitted if those reasons no longer applied.

However, the Torah itself does in fact give one reason. Bamidbar 5:11-13 "Speak to the children of Israel and say to them: Should any man's wife go astray and deal treacherously with him and a man lie with her carnally, but it was hidden from her husband's eyes, but she was secluded and she became defiled[with the suspected adulterer] and there was no witness against her, and she was not seized."

The Torah calls it "treachery" and "defiled". That seems to describe something a lot worse than confusing "Father's Day".

For instance, adultery is still a capital offense, even if the woman is pregnant, or cannot have children, or is not impregnated by the adulterous union. Hence, no question of lineage applies.

  • "That does not mean that their Halachic stance was to espouse an opinion that the act would be permitted if those reasons no longer applied." None of this seems relevant. The OP asked a question according to certain assumptions. You can either answer according to those assumptions or demonstrate them to be spurious. You have done neither. Whether not Rambam would apply ta'ama dikra is irrelevant. The question wasn't about Ramabm, but R. Shimon. Nor is it relevant whether or not R. Shimon expresses the particular reason; the question seeks to apply his methodology. – mevaqesh Apr 9 '17 at 6:08
  • "The Torah calls it "treachery" and "defiled". That seems to describe something a lot worse than confusing "Father's Day"." There is no evidence whatsoever from any of this that these reasons precede the mitsvah. Whatever the reason for the misvah, after a woman's relationship with her husband has been defined as precluding a relationship with another man, she is betraying him by engaging in a relationship with another man! – mevaqesh Apr 9 '17 at 6:10
  • "For instance, adultery is still a capital offense, even if the woman is pregnant, or cannot have children, or is not impregnated by the adulterous union" Can you demonstrate that any of this is the case according to the opinions which the OP asked about? You seem to be ignoring the question. – mevaqesh Apr 9 '17 at 6:11
  • @mevaqesh The answer took into account the assumptions and demonstrates them to be spurious as well. You may be reading the answer incorrectly. The biggest proof R' Shimon's methodology does not apply here is because R' Shimon never mentions it. :) – David Kenner Apr 9 '17 at 8:34
  • Is there any reason to assume we have a record of every application of R. Shimon's methodology? If this is your "biggest proof" then it appears you are wanting for evidence. – mevaqesh Apr 9 '17 at 8:39

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .