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Homosexuality and Halakhah: Traditional Sources on Homosexuality
By Michael Gold
The following article is reprinted with permission from Does God Belong in the
Bedroom? Two claims made by Gold in this article are disputable and should be noted.
First, is the assertion that Judaism is not concerned with inner feelings. While it is true
that in Judaism actions are more often than not privileged over thoughts and feelings,
certain manifestations of Judaism, including hasidism and musar (a 19th century
movement that focused on the study of Jewish ethics and values), do stress the
importance of inner feelings. Second, is Gold’s assertion that natural law is a concept
foreign to Judaism. While some scholars have assumed this to be true, others disagree.
An important point to make from the outset is that Jewish law does not teach that it is
forbidden to be a homosexual. On the contrary, Jewish law is concerned not with the
source of a person’s erotic urges nor with inner feelings, but with acts. The Torah forbids
the homosexual act, known as mishkav zakhar, but has nothing to say about
homosexuality as a state of being or a personal inclination.
In other words, traditionally, a person with a homosexual inclination can be an entirely
observant Jew as long as he or she does not act out that inclination.
The basis of the prohibition against homosexual acts derives from two biblical verses in
Leviticus: “Do not lie with a male as one lies with a woman; it is an abhorrence”
(Leviticus 18:22) and “If a man lies with a male as one lies with a woman, the two of
them have done an abhorrent thing; they shall be put to death—their bloodguilt is upon
them” (Leviticus 20:13). The Torah considers a homosexual act between two men to be
an abhorrent thing (to’evah), punishable by death—a strong prohibition.
The Torah gives no reason for this commandment. Some commentators have looked for
a rationale in the story of Sodom, in which the men in the town attempt to rape
the visitors to Lot’s house. (See Genesis 19; the word “sodomy” comes from this
incident.) However, the occurrence in the story was a case of homosexual rape,
hardly a legitimate precedent for the kind of consensual homosexual acts we are
considering. Others see the root of the prohibition in the verse “No Israelite
woman shall be a cult prostitute, nor shall any Israelite man be a cult prostitute”
(Deuteronomy 23:18). Cultic prostitution, both hetero- and homosexual, was a
common feature of idolatrous worship in the ancient Near East, but, like the story
of Sodom, it is no longer a relevant precedent for modern homosexuality.
Various rabbis have tried to come up with other reasons for the biblical prohibition of
mishkav zakhar. (Note, however, that a Torah prohibition always stands on its own even
if no cogent rationale can be found for it.) Some rabbis have argued that homosexuality
is forbidden because procreation is impossible. Others have defined the homosexual act
as intrinsically unnatural and therefore opposed to the purposes of creation. There are
difficulties, however, with both explanations. Judaism grants sexuality a purpose above
and beyond procreation, and natural law, although influential in the Catholic Church, is
not an authentic Jewish concept.
A more likely explanation for the ban against homosexual behavior is given in the
Talmud by Bar Kapparah, who makes a play on the word to’evah (“abomination”),
claiming that it means to’eh atah ba (“you go astray because of it”). Both Tosefot and the
Asheri (medieval commentators) comment on this passage that a man will leave his wife
and family to pursue a relationship with another man. In other words, homosexuality
undermines and threatens the Jewish ideal of family life, of marriage and children,
articulated in the Torah. Heterosexuality is the communal norm for Jews; homosexuality,
a perversion of that norm.
Rabbinic literature assumes that Jews are not homosexual. For example, the Mishnah
presents the following disagreement between Rabbi Judah and the Sages: “R. Judah
said: A bachelor should not herd animals, nor should two bachelors share a single
blanket. The Sages permit it.” The halakhah follows the Sages because the Talmud
says, “Israel is not suspected of homosexuality.”
The Shulhan Arukh (a foundational work of Jewish law from the 16th century) never
explicitly mentions the prohibition against homosexual acts but mentions the precaution
that a male should not be alone with another male because of lewdness “in our times.”
However, Rabbi Joel Sirkes ruled about one hundred years later that such precautions
were unnecessary because of the rarity of such acts among Polish Jewry.
A more recent responsum was brought by Rabbi Abraham Isaac Kook, the first chief
rabbi in Palestine. A rumor that a certain shohet (ritual slaughterer) had committed a
homosexual act provoked the question of whether he should be disqualified for the
position. Rav Kook ruled that the shohet could be retained because, even if the rumor
were true, the man might have since repented of his act. It is noteworthy that Rabbi
Kook’s responsum considers homosexuality an act of volition for which one can repent.
Lesbianism is never mentioned in the Torah. One talmudic passage refers to
homosexual acts between women: “R. Huna taught, Women who have sex one with the
other are forbidden to marry a Kohen (priest).” The halakhah rejects Rav Huna’s opinion
and allows a lesbian to marry a Kohen. However, Maimonides ruled that lesbianism is
still prohibited and should be punished by flagellation. The prohibition is not as stringent
as that against male homosexuality because the Torah does not explicitly prohibit lesbianism, and because lesbianism does not involve the spilling of seed.
We can now summarize the classical halakhic position:
1. Judaism is concerned with explicit acts, not inner feelings.
2. A homosexual act between two men is explicitly forbidden in the Torah.
3. A homosexual act between two women is forbidden by the rabbis (i.e. it was not
forbidden by the Torah, but was in later times forbidden; this type of prohibition is
less severe).
4. Homosexuality is considered an act of volition for which one can repent.
5. The reason for the prohibitions seems to be that such behavior undermines the
Jewish family ideal of marriage and children as set out in the Torah.
6. Rabbinic thinkers in the past did not consider homosexuality a Jewish behavior
problem.
Rabbi Michael Gold is the rabbi at Temple Beth Torah, Tamarac Jewish Center in
Tamarac, Florida. He is the author of four books, and his articles have appeared in
Moment, Judaism, Jewish Spectator, B’nai Brith International Jewish Monthly, and
numerous other publications. He also served as co-chair of the Rabbinical Assembly’s
committee on human sexuality. He can be reached at [email protected].