Bibbia Ebraica
Bibbia Ebraica

Responsa su Deuteronomio 23:41

Collected Responsa to Chaplains

Two chief questions are involved in this inquiry. Are the wounded veterans referred to here subject to the law based upon Deuteronomy 23:2, namely that the P'zua Daka and the Krus Shofcha may not marry Jewesses, and if already married, must they divorce their wives? Second, if they may marry or remain married, does Jewish law permit them to use the various artificial devices for sexual relationships referred to in the letter?
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Collected Responsa to Chaplains

The law begins with the verse in Deuteronomy 23:2, which merely states that a person mutilated as the verse described may not "enter into the congregation of the Lord." This simple statement is elaborated in the Mishnah, M.Yevamos VIII,1, where a distinction is immediately made between those whose body is incomplete through natural causes, birth, etc. (Soris Chamo) and those castrated artificially (Soris Odom). The former, those naturally incomplete (Soris Chamo), are permitted to marry. It is only those artificially castrated who are forbidden. It is clear, then,that the intention of the law is to abolish in Israel the widespread ancient custom of the creating of eunuchs, although included among those forbidden are those who are castrated by accident, such as being pierced by a thorn, etc. The Talmud carries the discussion further, dealing chiefly with the amount of mutilation and the type of wounds which would exclude a man from the right to marry.
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Teshuvot Maharam

Q. What is the legal basis for permitting the lending of charity-funds upon a definite rate of interest?
A. Perhaps some persons have mistakenly ruled that charity-funds are in the same category as Temple-funds. However, this is incorrect, for the Talmud considers charity-funds as money belonging to "thy brother" and, therefore, must be included in the commandment: "unto thy brother thou shalt not lend upon interest (Deut. 23,21)". You know, however, how readily people will heed those who permit the forbidden.
SOURCES: Cr. 101. Cf. Agudah B.M. 73.
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Teshuvot Maharam

Those who lend charity-funds upon a definite rate of interest are doing an improper thing, for charity-funds are included in the commandment: "unto thy brother thou shalt not lend upon interest (Deut. 23,21)." However, such funds may be lent on condition that the profits but not the losses be shared.
SOURCES: Cr. 109; Mordecai Hagadol, p. 276b. Cf. Agudah B.M. 73.
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