Monday, May 2, 2022

Would states like Texas and Florida ban the Talmud because of its sexual content?[1] TB Yevamot 55-56

The Hebrew technical term for the completion of sexual intercourse is be-ah (בִּיאָה). Dappim TB Yevamot 55 and 56 tries to define what exactly is the definition an initial stage of male sexual penetration (הַעֲרָאָה ) and when it qualifies as sexual intercourse in the case of a mitzvah and for a case of a prohibition.

The first Mishna in the sixth chapter makes it clear that partial penetration is sufficient to fulfill the mitzvah of yibum. “both one who merely engages in the initial stage of intercourse and one who completes the act of intercourse has thereby acquired his yevama.” (TB Yevamot 53b, Sefaria.org translation)

On the other a man having sexual intercourse with designated Canaanite maidservant (שִּׁפְחָה חֲרוּפָה) needs full penetration in order to violate a prohibition based on a rabbinic interpretation on daf TB Yevamot 55. This week’s Torah portion Kedoshim (Leviticus 19:20) describes the situation of this Canaanite maidservant. “If a man has carnal relations with a woman who is a slave and has been designated for another man, but has not been redeemed or given her freedom, there shall be an indemnity; they shall not, however, be put to death, since she has not been freed.” According to Rashi she is a woman who has had two owners. One freed her while the other hasn’t; consequently, she is a half slave woman and a half free woman who is married to a Hebrew servant.

Toras Kohainim, perek 5:2; Kereisos 11a. A Canaanite slave woman cannot enter a bond of marriage. No Jew except a servant owned by a fellow Jew, may have relations with her. Such a Jewish servant may be assigned a Canaanite slave woman by his master (see Exodus 24:4). Our verse speaks of a woman who is half Canaanite slave woman and half free Jew, e.g. a slave woman who was owned by two Jewish partners, one of whom freed her with respect to his share in her (a freed Canaanite slave is no longer a Canaanite, but takes on the status of a free Jew. Since this woman was only freed by one of her Masters, she is in the unique position of being both a Canaanite slave woman and a free Jew.) Such a woman may not have relations with the Canaanite slave, for she is half free, and that liberated side of her may not have relations with the Canaanite slave. Normally she have relations with the free Jew, because of the slave side for. She can enter into a relationship with a Jewish servant of a fellow Jew, however. He can marry the free side for, and he is permitted to have relations with the slave side of her.” (Note #9, page 239-40, The Sapirstein edition of the Torah: with Rashi’s commentary, translated, annotated, and elucidated, Leviticus) If another Jew other than her husband would only have partial penetration he would not be in violation of a prohibition.

Daf TB Yevamot 56 tries to define the legal definition of an initial stage of male sexual penetration (הַעֲרָאָה ). Of course the Gemara cites a disagreement between Shmuel and Rabbi Yoḥanan.

Shmuel said: The definition of the initial stage of intercourse is a kiss, i.e., external contact of the sexual organs. Shmuel explains: This is comparable to a person who places his finger on his mouth; it is impossible that he not press the flesh of his lips. Similarly, when there is contact of the sexual organs, there will certainly be at least a small amount of penetration, and this is considered an act of sexual intercourse…

When Ravin came from Eretz Yisrael he said that Rabbi Yoḥanan said: The definition of the initial stage of intercourse is the insertion of the corona… When Rav Shmuel bar Yehuda came from Eretz Yisrael he reported that Rabbi Yoḥanan said: The definition of the initial stage of intercourse is the insertion of the corona, whereas a complete act of sexual intercourse is literally a complete act of sexual intercourse, i.e., insertion of the male organ beyond the corona. From this point forward, insertion of anything less than the corona is only considered a kiss, for which he is exempt.” (Sefaria.org translation)

Yosef Kairo poskins according to Ravin and Shmuel bar Yehuda. (Shulkhan Arukh, Even Ha’ezer 20:1 as does Rambam (Mishneh Torah, Sefer Kedusha, Hilkhot forbidden intercourses, chapter 3, halakha 11)



[1] See https://www.washingtonpost.com/education/2022/04/28/book-banned-why-locations/

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