Talmud su Levitico 20:13

MISHNAH: The following are stoned: A male having sexual relations with the mother, or the father’s wife⁵³Even if she is not his mother, Lev. 20:11. One infers from Lev. 20:27 that their blood be on them means that the punishment is stoning (Halakhah 9)., or the daughter-in-law, or a male, or an animal; or a female bringing an animal onto herself⁵⁴Lev. 20:12,13,15,16.. Also the blasphemer⁵⁵Lev. 24:23. It is a capital crime only if the Divine Name (which today is unknown) was used in the blasphemy., the worshipper of idols⁵⁶Deut. 17:5., he who gives one of his descendants to the Moloch⁵⁷Lev. 20:2., and the necromancer, and the medium⁵⁸Lev. 20:27. The necromancer is the person who raises the spirits of the dead; cf. 1S. 28. The medium is one who incorporates a spirit which predicts the future, speaking from the medium’s body, not his mouth.. Also one who desecrates the Sabbath⁵⁹Num. 15:36., or who curses father or mother⁶⁰Lev. 20:9., or who has sexual relations with a preliminarily married maiden⁸Adultery by a preliminarily married virgin is punishable by stoning (Deut. 22:24), by a definitively married woman by “death” (Lev. 20:10), which by the preceding argument means the least painful of the four kinds of execution. Lev. 21:9 prescribes death by burning for the whoring daughter of a Cohen. The status (unmarried, preliminarily or definitively married) of the Cohen’s daughter is not spelled out. Since sexual activity of an unmarried woman is nowhere in the Bible classified as a capital crime [Sifra Emor Pereq 1(15)], it is assumed that the Cohen’s daughter mentioned in the verse cannot be unmarried (virgin or widowed). The problem remains whether Lev. 21:9 refers to a preliminarily or definitively married woman.
For R. Simeon, who holds that burning is more painful than stoning, Lev. 21:9 refers to any adulterous daughter of a Cohen, irrespective of the status of her marriage (Babli 50a). For the rabbis who hold that stoning is more painful than burning, Lev. 21:9 cannot refer to a preliminarily married maiden since then it would treat a Cohen’s daughter more leniently than an Israel’s, which contradicts the entire tenor of Lev. 21:1–9.
The formulation of the rabbis’ position is not quite correct since Deut. 22:24 applies only to a preliminarily married maiden (between the ages of 12 and 12 years 6 months; cf. Yebamot 1:3, Notes 159–160). In the text following, “preliminarily married” means “preliminarily married maiden”; “definitively married” means “definitively married or adult preliminarily married”., or who leads astray⁶¹The missionary for another faith who addresses individuals in private; Deut. 13:11, cf. Mishnah 16., or who seduces⁶²He acts in public; Halakhah 16., or the sorcerer⁶³Halakhah 19., or the deviant and rebellious son⁶⁴Deut. 21:21..

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.