Talmud su Levitico 18:22

Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan, only from the place of masculinity²⁴³Here starts the discussion of the last sentence in this Mishnah, the assertion of R. Eleazar ben Shamua (in the Babli, R. Eliezer) that for the definition of homosexuality an hermaphrodite is a full male. The position of R. Joḥanan here is an explicit statement of R. Eleazar (ben Shamua) in Tosephta 10:2.. Rebbi Simon in the name of Rebbi Joshua ben Levi: even from the female place²⁴⁴For him, heterosexual intercourse of a male with an hermaphrodite is still homosexuality. In the Babli, 83b, that is the opinion of Rav.. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Joshua ben Levi retracted this, from the following verse²⁴⁵Lev. 18:22. As the Babli explains, on the face of it, the verse seems to support the first opinion of R. Joshua ben Levi, but a second look shows that the prohibition is to lie with a male, i. e., the male aspect of the hermaphrodite.: “And with a male you should not lie in the way of a woman’s beddings”, one who may lie in two ways, including the female. Who is that? That is the hermaphrodite. Rebbi said, I looked for but did not find words of Ben Shamua about the hermaphrodite, for the entire group ganged up on me²⁴⁶Babli 84a; there, “the students of R. Eleazar ben Shamua ganged up on him like chickens in a chicken coop.”. Why? Not to make it public or because he was not worth it? What difference does it make? He usually made public. If you say, it was not to make it public²⁴⁷The uncommon form לגלע instead of the common לגלות seems so be an Arabism, from جلع “to uncover indecently”. It seems that the teachings of R. Eleazar ben Shamua’s students were esoteric., the publicity is already in his hand. The reason must be that he was not worth it. What could he made public? He inherits²⁴⁸If there are 2 children, a hermaphrodite and a daughter, at the death of the father the daughter has a claim on the estate for a dowry but the only heir is the hermaphrodite.
The Babli, 83b, which attributes the Mishnah to R. Eliezer, proves from parallel statements that the hermaphrodite is considered a full male only in respect to homosexuality. In all other respects, it is considered a case of doubt whether he is male or female., he testifies²⁴⁹He can testify formally in cases where a male witness is required (such as the validity of certain legal acts.), his grain offering is burnt completely²⁵⁰The grain offering of a Cohen is burned completely (Lev. 6:16); the grain offering of the daughter of a Cohen is treated like the offering of an Israel and most of it is eaten by the Cohanim in the Temple precinct., one says grace with him as with a male.

HALAKHAH: “A man who had sexual relations with a male.” 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 a male¹⁷³The form זְכוּר denotes, if not the penis, then the male as appendix to his sex organ.? With a male you shall not sleep in women’s ways¹⁷⁴Lev. 18:22. A general parallel to this paragraph is 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 male in women’s ways, an abomination did both of them commit; they shall be put to death; their blood be on them¹⁷⁵Lev. 20:13.. You learn their blood be on them from their blood be on them¹⁵Lev. 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.. That is for the active one. For the passive one from where? With a male you shall not sleep in women’s ways, read: to be slept with¹⁷⁶The unvocalized text תשכב can be read either with the masoretes as active תִּשְׁכַּב “you shall sleep” or as passive תִּשָּׁכֵב “you shall be slept with”. The nonstandard vocalization in the text is from the ms. (Babli 54b).. So far following Rebbi Aqiba. Following Rebbi Ismael? There shall be no qadeš among the sons of Israel¹⁷⁷Deut. 23:18. The identification of the qadeš as the male prostitute follows later from the verse in Kings.. From where extirpation for the passive homosexual following Rebbi Ismael? Rebbi Jeremiah in the name of Rebbi Abbahu. It says here qadeš and it says there, also a qadeš was in the land¹⁷⁸1K. 14:24.. You learn qadeš from qadeš and qadeš from abomination¹⁷⁹It 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).. Rebbi Ḥiyya bar Ada in the name of Rebbi Ḥanina: Abomination from abomination¹⁸⁰In Lev.20, the expression abomination is only used for the homosexual. This implies that the qadeš in 1K. 14:24, and therefore in Deut. 23:18 is engaged in homosexual acts.. Rebbi Yose ben Rebbi Abun said, a baraita¹⁸¹Not recorded elsewhere. states this: Both committed an abomination¹⁷⁴Lev. 18:22. A general parallel to this paragraph is in the Babli, 54b.. Both are stoned, both are subject to warning, both by extirpation.