Talmud su Esodo 18:15

From where the warning¹²⁹A prohibition the penalty for which is not spelled out carries a penalty of flogging (Deut. 25:21). For any more serious infraction the pentateuchal style requires that separate verses must spell out (1) the prohibition, (2) the penalty to be imposed by the court, (3) the penalty imposed by Heaven in case the crime was not observed by two blameless adult male witnesses and, therefore, no court case was possible. In case of sexual crimes this would mean that the witnesses have to see the sex act. For a civil case, such as a husband wishing to divorce his wife because of her adultery, without paying her ketubah, it is enough for witnesses to testify to her going to a room with another man, locking the door, and extinguishing the lights. But this is not enough for a criminal conviction. for a person having sexual relations with an animal? Do not give your emission into an animal to defile yourself by it¹⁸²Lev. 18:23. The entire paragraph has a parallel in the Babli, 54b.. From where extirpation? For anybody who would commit any of these abominations will be extirpated^131,Lev. 18:29.¹³⁵The verse is slightly misquoted., etc. Punishment from where? A man who would sleep with a animal shall be put to death¹⁸³Lev.20:15. The corresponding verse for a woman is 20:16.. You infer their blood be on them from their blood be on them^15,Lev. 20:12. From Lev. 20:27: they shall be put to death, by a stone they shall be stoned, their blood be on them, it is inferred that any expression “their blood be on them” means execution by stoning. Babli 54a.¹⁸⁴The expression is used only in v. 16. It is implied that the punishment for male bestiality cannot be less than that of female bestiality.. So far following Rebbi Aqiba. Following Rebbi Ismael? Rebbi Ismael from his source¹⁷⁹It is assumed that qadeš means the same in both verses. Also, qadeš must refer to the male since the feminine form qedešah is explicitly mentioned in Deut. 23:18. 1K. 14 continues: They did all the abominations of the peoples whom the Eternal had uprooted from before the Children of Israel. These abominations are referred to in Lev. 18:29 and the only abominations unique to a male are homosexuality and active bestiality. In the Babli, 54b, both R. Ismael’s and R. Aqiba’s statements are quoted as baraitot; partially also in Sifra Qedošim Pereq 9(12). and Rebbi Aqiba from his source¹⁸⁵R. Ismael includes bestiality in the actions of a qadeš. R. Aqiba always refers to Lev. 18:29.. Extirpation for a male passive partner is not found for Rebbi Ismael¹⁸⁶The Babli disagrees and finds the passive participant in bestiality in Ex. 22:18.. Punishment for a male passive partner is not found for Rebbi Ismael or Rebbi Aqiba¹⁸⁷In Lev. 20., but it is written: One who sacrifices to the forces of nature shall be banned. Since this one is in for stoning and extirpation, also that one is in for stoning and extirpation¹⁸⁸The worshipper of the forces of nature is banned Ex. 22:19, but as adherent of foreign worship he is stoned. It is implied that the death penalty decreed in the preceding verse, anybody lying with an animal shall be put to death, for the passive participant in bestiality also must be executed by stoning.. What is the difference between them? If one had active homosexual relations followed by passive ones, in Rebbi Ismael’s opinion he is liable only once; in Rebbi Aqiba’s opinion he is liable twice¹⁸⁹In the Babli, 54b, the attributions are switched. One has to follow the classical commentaries in correcting the Yerushalmi following the Babli since, as explained in Notes 175–178, R. Aqiba finds the prohibition of active and passive homosexuality in the same verse whereas R. Ismael defines the passive homosexual as qadeš. Therefore, combined active and passive homosexual activity violates one verse for R. Aqiba, two for R. Ismael.. If one had active relations with an animal followed by passive ones. Both in Rebbi Aqiba’s as in Rebbi Ismael’s opinions he is liable twice¹⁹⁰For both R. Aqiba and R. Ismael both Lev. 18:22 (or 23) and Ex. 22:18 are violated. The Babli disagrees, 54b.. If he had active homosexual relations with both a male and an animal he is liable twice. If he had passive homosexual relations with both a male and an animal he is liable twice. If he had simultaneous active sexual relations with two males, since both of them became guilty because of him, he is liable twice. If he had simultaneous passive sexual relations with two males, since both of them became guilty because of him, he is liable twice. It was stated: For males, an underage boy does not have the status of an adult¹⁹¹Sexual relations with males under the age of nine years and one day, and females under three years and one day, are not considered as sexual activities; cf. Ketubot1:3 Notes 147,152.; a young animal has the status of a fully grown one. Rebbi Eleazar said, he cannot become liable because of it unless it be three years and one day of age¹⁹²This does not refer to bestiality but to homosexuality. Homosexual relations of a male with an underage boy are not punishable unless the boy is at least three years and one day of age, i. e., that a valid sex act would have been performed if the child had been a girl. In the Babli, 54b/55a, Samuel derives this from Lev. 18:22 where homosexual acts are called lyings in woman’s way..