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17

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 agreement,...


16

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 ...


15

Probably the most famous story about a group that gave up their lives instead of doing Gilui Arayot is the story about 400 boys and girls that gave up their lives, as brought down in the Talmud Gittin 57b: מעשה בד' מאות ילדים וילדות שנשבו לקלון הרגישו בעצמן למה הן מתבקשים אמרו אם אנו טובעין בים אנו באין לחיי העולם הבא דרש להן הגדול שבהן (תהלים סח, כג) אמר ...


14

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 ...


14

It sounds like you might be looking for Binyan Tzion 154 (R. Yaakov Ettlinger). Although the case discussed is of a man claiming to be Elijah the Prophet, and seducing a woman by telling her that she will become the mother of the Messiah. To quote sefaria's translation of the question: Not long ago, an incident came before me that will cause the ears of ...


13

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. We don't execute a person based on his own testimony (Rambam, Hilkhot Sanhedrin 18:6; see also Yevamot 25b), and we don't include an admission with another ...


12

This was already discussed in שולחן ערוך אבן העזר ד סעיף יד האשה שהיה בעלה במדינת הים ושהה שם יותר מי"ב חדש וילדה אחר י"ב חדש, הולד ממזר, שאין הולד שוהה במעי אמו יותר מי"ב חדש. ויש מי שאומר שאינו בחזקת ממזר. וכיון דפלוגתא הוא, הוי ספק ממזר: הגה: אבל תוך י"ב חדש אין לחוש, דאמרינן דאשתהי כל כך במעי אמו (מהרי"ק). דוקא שלא ראו בה דבר מכוער, אבל אם ...


11

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) ...


11

Halochos Gedolos - Halachos Arayos brings that this question was asked by Yosi ben Tadai Ish Teveria to Rabbi Gamliel. Rabbi Gamliel answered him that it would be impossible for a Kohain Gadol to ever get married. The Mishne Halachos there explains that by the same logic a Kohain Gadol would be unable to marry anyone's daughter, as every woman with a ...


10

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.


10

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 ...


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 ...


10

There are two concerns here: chanufa, which means telling a sinner that you approve of their sinful action; and mesayea / lifnei iver, being involved in (or enabling) someone else's sin. For a rabbi to officiate at a wedding prohibited by halacha would be an issue of chanufa, as he's declaring okay that which the Torah says is not. For the caterer, florist,...


9

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 ...


9

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 ...


9

There are only two ways out of a kosher marriage: a kosher get or death of a spouse. (Kiddushin 2a) It doesn't sound like any semblance of the former (a document handwritten by a Jew for the divorce of this specific couple including their names, the date, specific formulations, signed kosher witnesses, etc. presented to the wife by the husband again in ...


9

UPDATE The question was edited to add the reference to the fact that when the Yetzer Hara was totaly eliminated, chickens stopped laying eggs. This means that the general concept of "lust" means that there is a desire to actually do or accomplish. This means that without the drive that we have, people cannot accomplish anything in this world. If we never ...


9

The opinion of the House of Shammai, as quoted in the Mishnah (Gittin 90a), is: Beit Shammai say: A man may not divorce his wife unless he finds out about her having engaged in a matter of forbidden sexual intercourse [devar erva], as it is stated: “Because he has found some unseemly matter [ervat davar] in her, and he writes her a scroll of severance” (...


9

They meant "other than a Kohen, she can marry any Jewish man that a born-Jewess can marry"; her status as a convert poses no additional issues. (In fact, she can marry more men than a born-Jewess, as she can marry a mamzer if she so desires, for whatever that's worth.) That's just how they wrote it, that's how the form is set up (and what the rabbanut will ...


9

Absolutely not. If a man commits adultery with a married woman, committing adultery with another man’s wife, the adulterer and the adulteress shall be put to death. (Vayikra 20:10) (see also Vayikra 18:20) And the punishment for this is strangulation as Rabbeinu Yonah writes in Shaarei Tshuva (3:129-130) The following sinners are executed by ...


8

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.


8

See Shabbos 13b with Rashi and Sanhedrin 19-20, Palti put a sword in their bed and never came close to her. He is praised more than Yosef and Boaz for his control.


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 ...


7

This exact question is asked in the first perek of Derech Eretz Rabba. As recounted in another answer essentially the response is that this Kal V'Chomer would be oker (uproot) something from the torah, in this case the possibility of a Kohen Gadol marrying and thereby having children, and we do not allow for kal v'chomers which uproot something from the ...


7

Maimonides writes in Laws of Divorce 11:14 that Deuteronomy 24 does indeed apply in the case of a married woman willingly committing adultery, such that she is then forbidden from returning to her husband, even in the absence of any divorce.


7

The reason for the Mishna in Kiddushin prohibiting singles to teach children is not because of the technical prohibition of Yichud, but due to a general concern of the single building relationships with parents of the children, who would be picking them up and meeting with the teacher regularly. For example, Tiferes Yisrael writes that a single man will get ...


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 is ...


6

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 ...


6

To avoid repetition I will address only the relative prohibition of Jews and non-Jews, not the nature of the prohibition of non-Jews discussed fairly extensively in the linked page. At face value the prohibition of a Jewish nidda indeed seems much more severe. However, R. Yaakov Kamenetzky famously held that it was preferable to maintain a relationship with ...


6

The mishna says הבועל ארמית קנאין פוגעין בו. This is a limited law for only one specific case of a sexual sin. The gemara limits further and says that one can only kill the perpetrators in the case where they are in the middle of the act and when the act is performed in public (as in the case of Pinchas). The Rambam brings this law in Mishneh Torah Sefer ...


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