Talmud Rules Sex With Children

New America
2. Sex with Children by Talmud Rules

We are told there is a movement afoot to make pederasty (child-adult sex)
socially acceptable and legally permissible. Researching the issue, we find that
many dominant voices on both sides of the controversy are ewish.
!ow is this possible" Which voices speak for the core values of udaism" #ur
$uestions are not prompted by idle curiosity, but by social concern. %merica is
rapidly becoming &almudi'ed, and we should understand the direction in which our
social policies are moving.
(et us start with an article in the Washington &imes, a ma)or newspaper that
espouses conservative *hristian values. &he &imes provides a useful starting point
because they name names. (et us borrow the &imes+ viewpoint.
Jewish Bad Guys
Feminist writer Judith Levine's book Not Harmful to Minors: The Perils of Protecting Kids from
Sex has been condemned by those who say she excuses sexual abuse of children a charge
she strongly denies.

Ms. Levine says she was "misunderstood" after a news article last month uoted her saying a
boy's sexual ex!erience with a !riest "conceivably" could be !ositive.
Washington Times (1)
The Washington Times depicts Harris Mirkin as follows:
"arris Mirkin# a !rofessor at the $niversity of Missouri%&ansas 'ity# !ublished a ())) article in
the Journal of "omosexuality com!laining that boys who have sex with men "are never
considered willing !artici!ants# even if they are hustlers." "e has also written that "children are
the last bastion of the old sexual morality."
The Washington Times cites a controversial psychology research study:
* ())+ "meta%analytic" study in an *merican ,sychological *ssociation -*,*. /ournal argued#
among other things# that "value%neutral" language such as "adult%child sex" should be used to
describe child molestation if it was a "willing encounter."
The study was conducted y !ruce "ind# "oert !auserman# and $hilip Tromovitch#
and was pulished in the Psychological Bulletin in 1%%& under the editorship of 'ancy
(isenerg)(*)
Jewish Good Guys
Here come the good guys) Meet +oy ,ilerg)
Ms. Levine's book favorably cites the 0ind study and# in a tele!hone interview# she defended
the study as "methodologically meticulous." 1ut 1altimore !sychologist Joy 2ilberg# whose
clinical !ractice involves treating child%abuse victims# says the study is "horribly flawed."

"3 can't call it science#" she said.

4 Ms. 2ilberg# the 1altimore !sychologist# agrees that the "whole academic movement" to
legitimi5e sex with children "is growing."
'ow comes -r) .aura ,chlessinger:
0adio host Laura 2chlessinger led a cam!aign against that study by 6em!le $niversity
!sychology !rofessor 1ruce 0ind and two other academics. Congress eventually voted
unanimously to condemn the Rind study which has already been used as evidence to
defend accused child molesters in at least three court cases.
Dr. Laura is# of course# widely considered a shining e/ample of moral rectitude) ,he is
famous for her denunciation of homose/uality# (0) and very popular with those who call
themselves fundamentalist 1hristians) 2s one of 2merica3s est4known 5rthodo/ +ews# -r)
.aura received the 6771 'ational Heritage 2ward from the 'ational 1ouncil of 8oung
9srael# an organi:ation of 1;7 5rthodo/ synagogues in the <,) The e/ecutive vice president
of 8oung 9srael is "ai $esach .erner) The following report comes from the ewish
Telegra!hic Agency.
6he !rogram for the 7ational 'ouncil of 8oung 3srael dinner described 2chlessinger as "a
!owerful source of ins!iration and !ride for all Jews." 6he mainly right%leaning 9rthodox Jews
filling the large room a!!lauded her# and many a!!roached her afterward to ask for autogra!hs
and declare their admiration 4
+ewish Telegraphic 2gency (6)
We are told that ,chlessinger is a memer of a .uavitch synagogue# 1haad of 2goura#
in suuran .os 2ngeles) Then:
2chlessinger's rabbi# Moshe 1ryski# insists that his most famous congregant is serious about the
moral uestions she receives# researching Jewish ethics and freuently calling him to consult on
issues that arise on her show.

"6here is a sense of res!onsibility because at times she'll call me about s!ecific uestions# and 3
reali5e the answer is going to be broadcast to :; million !eo!le# and 3 better get it right#" 1ryski
says.
+ewish Telegraphic 2gency (6)
The +ewish pulication# "orward# also covered -r) .aura3s 8oung 9srael award)
6he executive director of 8oung 3srael# 0abbi ,esach Lerner# said Ms. 2chlessinger was
chosen because of her success "in changing the moral com!ass of this country#" on issues such
as abortion# abstinence and homosexuality. "e also cited her !ersonal religious /ourney that
eventually led her to ado!t an 9rthodox lifestyle.
=orward(;)
'o dout "ai !ryski listens to -r) .aura3 show to see how his student is doing) >iven
her fame as an 5rthodo/ +ew# we might e/pect that some of the rais affiliated with the 1;7
5rthodo/ synagogues in the 8oung 9srael organi:ation would listen in# too)
+ewish law# of course# is ased primarily on the Talmud# which +ews often call the
?Torah)? (*&) .et3s follow -r) .aura# "ai !ryski# and 8oung 9srael directly to the source
of their doctrines# the Talmud) We will ask the reader to e patient and tolerant when reading
this material# even though some of these ideas may e very new)
(Note# When excer!ting $uotations %rom the Talmud& we sometimes omit non'germane
text and %ootnotes. (mission o% text is indicated by an elli!sis )*+. To see the %ull text and
%ootnotes& %ollow the hot lin, at the end o% the excer!t. -t is our !leasure to ma,e a.ailable on
line a number o% Talmud tractates& so that you can see the excer!t in %ull context. We
indicate un!rintable /ebrew characters& words& and !hrases with the symbol @HA))
Talmud Permits Child-Adult Sex
Talmud law permits se/ual intercourse etween children and adults) This doctrine is
contained in a numer of Mishnahs) !efore we e/amine them# however# it is necessary that
the reader e familiar with the word ,ethubah)
2ccording to the ,oncino Talmud >lossary:
&<6"$1*" -Lit.# 'a written =document>'.? -a. a wife's marriage settlement which she is entitled to
recover on her being divorced or on the death of her husband. 6he minimum settlement for a
virgin is two hundred zuz# and for a widow remarrying one hundred 5u5? -b. the marriage
contract s!ecifying the mutual obligations between husband and wife and containing the amount
of the endowment and any other s!ecial financial obligations assumed by the husband.
!aylonian Talmud# ,oncino Talmud >lossary
0u1 is a unit of currency) We see# then# that a dollar (or 1u1) value is put on virginity)
'ow let3s look at a Mishnah from Bethuoth 11a:
MISHNAH. @"<7 * A09@7%$, M*7 -B. "*2 "*C 2<D$*L 376<0'9$02< @36" -+. * L366L<
A30L# -). 90 @"<7 * 2M*LL 198 -(;. "*2 376<0'9$02< @36" * A09@7%$, @9M*7# 90
=@"<7 * A30L @*2 *''3C<76*LL8> 37J$0<C 18 * ,3<'< 9F @99C -((. =37 *LL 6"<2<
'*2<2> 6"<30 &<6"$1*" 32 6@9 "$7C0<C =E$E> 4
!aylonian Talmud# Tractate Bethuoth 11a
,oncino 1%C1 (dition# page ;0
&he translator, Rabbi ,r. -amuel ,aiches, amplifies the text with footnotes.
B. * man who was of age.
+. Lit.# 'who came on'.
). Less than three years old.
(;. Less than nine years of age.
((. Lit.# '9ne who was in/ured by wood'# as a result of which she in/ured the hymen.
"ai -r) -aiches
.et3s review the aove4cited Mishnah: ?When a grown4up man has had se/ual
intercourse with a little girl# or when a small oy has intercourse with a grown4up
woman D? 9t is ovious that se/ activity etween a grown man and a little girl# and etween
a grown woman and a little oy# is a part of the woof and the warp of everyday Talmud lifeE
such relationships# in the eyes of the ,ages# are unremarkale) There is no prohiition on
se/ual activity etween adults and young children it is simply regulated) "ecall the words
of the Fery "everend the 1hief "ai of the !ritish (mpire the late -r) +oseph Herman
Hert::
0eligion in the 6almud attem!ts to !enetrate the whole of human life with the sense of law and
right. 7othing human is in its eyes mean or trivial? everything is regulated and sanctified by
religion. 0eligious !rece!t and duty accom!any man from his earliest years to the grave and
beyond it. 6hey guide his desires and actions at every moment.
"ai -r) Hert: (G&)
Thus# if the Talmud permits girls three years old and younger to e se/ually used y
adults# that is the law) The concern of the ,ages is to ensure that the adult is not# technically
speaking# in violation of any of the rules)
Regenerating Virginity
9n the >emara that follows the Mishnah of Bethuoth 11a (cited aove)# the ,ages
discuss the issues) They say having intercourse with a girl younger than three is like putting
a finger in the eye) "ai -r) -aiches e/plains in the footnotes that# Hust as tears come to the
eye again and again# so does virginity come ack to the little girl under three years)
GEMARA. 0ab Judah said that 0ab saidF * small boy who has intercourse with a grown%u!
woman makes her =as though she were> in/ured by a !iece of wood. -(. @hen 3 said it before
2amuel he saidF '3n/ured by a !iece of wood' does not a!!ly to -:. flesh. 2ome teach this
teaching by itselfF -G. =*s to> a small boy who has intercourse with a grown%u! woman# 0ab said#
he makes her =as though she were> in/ured by a !iece of wood? whereas 2amuel saidF '3n/ured
by a !iece of wood' does not a!!ly to flesh. 0. 9shaia ob/ectedF @"<7 * A09@7%$, M*7 "*2
"*C 376<0'9$02< @36" * L366L< A30L# 90 @"<7 * 2M*LL 198 "*2 376<0'9$02< @36" *
A09@7%$, @9M*7# 90 @"<7 * A30L @*2 *''3C<76*LL8 37J$0<C 18 * ,3<'< 9F @99C
=37 *LL 6"<2< '*2<2> 6"<30 &<6"$1*" 32 6@9 "$7C0<C =E$E>? 29 *''90C37A 69 0. M<30.
1$6 6"< 2*A<2 2*8F * A30L @"9 @*2 37J$0<C *''3C<76*LL8 18 * ,3<'< 9F @99C "<0
&<6"$1*" 32 * M*7<"H -I. 0aba said# 3t means -J. thisF @hen a grown%u! man has intercourse
with a little girl it is nothing# for when the girl is less than this# -K. it is as if one !uts the finger into
the eye? -B. but when a small boy has intercourse with a grown%u! woman he makes her as 'a
girl who is in/ured by a !iece of wood#' and =with regard to the case of> 'a girl in/ured by a !iece
of wood#' itself# there is the difference of o!inion between 0. Meir and the 2ages.
!aylonian Talmud# Tractate Bethuoth 11
,oncino 1%C1 (dition# page ;04;&
"ai -r) ,amuel -aiches amplifies the te/t with footnotes (page ;&):
(. *lthough the intercourse of a small boy is not regarded as a sexual act# nevertheless the
woman is in/ured by it as by a !iece of wood.
:. Lit.# 'is not in'.
G. 3.e.# the difference of o!inion between 0ab and 2amuel with regard to that uestion was
recorded without any reference to 0. Judah.
I. 6he 2ages differ only with regard to a girl in/ured by a !iece of wood# but not with regard
to a small boy who has intercourse with a grown%u! woman. 6his shows that the latter
case cannot be com!ared with the former case. 6he Mishnah would conseuently be
against 0ab and for 2amuel.
J. Lit.# 'says'.
K. Lit.# 'here'# that is# less than three years old.
B. 3.e.# tears come to the eye again and again# so does virginity come back to the little girl
under three years. 'f. 7id. IJa.
"ai -r) -aiches
To a person unaccustomed with the Talmud culture# it may seem that discussion of
se/ual intercourse etween grown men and very young girls is merely theoretical) !ut as we
shall see# cases are cited# Hudgments are weighed and deated# and the ,ages discuss the
wounds suffered y the young girls as a result of the intercourse)
More on Regenerating Virginity
We know that the amount of a woman3s ,ethubah depends on her virginity on her
wedding day) !ut what of a woman who# as a little girl elow the age of three years# was
raped or otherwise suHected to se/ual intercourseI The ,ages rule that the ,ethubah of such
a woman is set as if she were still a virgin)
MISHNAH. * @9M*7 ,092<L86<# * @9M*7 '*,63L<# *7C * @9M*7 2L*L<# @"9 "*L<
1<<7 0<C<<M<C# '97L<06<C# 90 F0<<C =@"<7 6"<8 @<0<> L<22 6"*7 6"0<< 8<*02
*7C 97< C*8 9LC 6"<30 KETHUBAH 32 6@9 "$7C0<C =U>. *7C 6"<0< 32 @36" 0<A*0C
69 6"<M 6"< 'L*3M 9F =797%>L30A37368. -(B.
,oncino 1%C1 (dition# page ;*
This seems like a generous and humanitarian ruling# the creation of a legal fiction of
virginity when the woman is no longer physiologically a virgin) !ut -r) -aiches corrects us)
He tells us that# according to the ,ages# the hymen of a girl younger than three literally
grows ack again)
(B. 3f they had sexual intercourse before they were three years and one day old the hymen
would grow again# and they would be virgins. L. )a and ((b and cf. 7id. IIb and IJa.
"ai -r) -aiches (6;)
,ee also the discussion of 'iddah ** and *;a# elow)
2s we continue to e/plore the Talmud doctrines on child4adult se/# we will see further
confirmation that the Talmud ,ages elieved that the hymen regenerates in a girl younger
than three)
" !" #esser Age$ %o Guilt is &n'urred"
9n modern 2merica# se/ etween an adult and a child is condemned in proportion to the
youth of the child) That is# 2mericans generally consider se/ with a fifteen year old# a twelve
year old# a si/ year old# and a three4year4old on a continuous scale of condemnation) The
younger the child# the greater the condemnation)
Talmudic law works on the reverse scale: se/ with younger children is less significant
than se/ with older children) How did this doctrine come aoutI
,cripture states thus:
22. Thou shalt not lie with mankind, as with womankind: it is abomination.
.eviticus 1&:66 (B+F)
The 5ld Testament prohiits a man lying with a manE ut notice# the 5ld Testament does
not prohiit a man lying with a oy) Thus# the Talmud ,ages arrive at their position on
pederasty) 9n the following# estiality said to e committed ?naturally? when a man uses the
vaginal passage of the east# and ?unnaturally? when a man uses the anal passage of the
east) The ,ages make a similar distinction for the couplings of a woman with a east)
GEMARA. 4 0ab saidF ,ederasty with a child below nine years of age is not deemed as
!ederasty with a child above that. 2amuel saidF ,ederasty with a child below three years is not
treated as with a child above that. -:. @hat is the basis of their dis!uteM 0ab maintains that
only he who is able to engage in sexual intercourse# may# as the !assive sub/ect of !ederasty
throw guilt =u!on the active offender>? whilst he who is unable to engage in sexual intercourse
cannot be a !assive sub/ect of !ederasty =in that res!ect>. -G. 1ut 2amuel maintainsF 2cri!ture
writes# =And thou shalt not lie !ith man"ind> as !ith the l#ings of a !oman. -I.

3t has been taught in accordance with 0abF ,ederasty at the age of nine years and a day? =JJa>
=he> who commits bestiality# whether naturally or unnaturally? or a woman who causes herself to
be bestially abused# whether naturally or unnaturally# is liable to !unishment. -J.
!aylonian Talmud# Tractate ,anhedrin ;* 4 ;;a
,oncino 1%C1 (dition# page G01
The translator# "ai -r) H) =reedman# amplifies the te/t with footnotes) 'ote
particularly footnote 6: ?D ut if one committed sodomy with a child of lesser age# no guilt
is incurred)? ,ee also the final sentence of footnote ;: ?D nine years (and a day) is the
minimum age of the passive partner for the adult to e liale)? (,ee ,oncino Talmud
>lossary for definition of !araitha))
:. 3.e.# 0ab makes nine years the minimum? but if one committed sodomy with a child of
lesser age# no guilt is incurred. 2amuel makes three the minimum.
G. *t nine years a male attains sexual matureness.
I. Lev. DL333# ::. 6hus the !oint of com!arison is the sexual matureness of woman# which
is reached at the age of three.
J. -0ashi reads ="> instead of the ="> in our !rinted texts. * male# aged nine years and a
day who commits etc.> 6here are thus three distinct clauses in this 1araitha. 6he first
a male aged nine years and a day refers to the !assive sub/ect of !ederasty# the
!unishment being incurred by the adult offender. 6his must be its meaning because
firstly# the active offender is never ex!licitly designated as a male# it being understood#
/ust as the 1ible states# Thou shalt not lie !ith man"ind# where only the sex of the
!assive !artici!ant is mentioned? and secondly# if the age reference is to the active
!arty# the guilt being incurred by the !assive adult !arty# why single out !ederastyF in all
crimes of incest# the !assive adult does not incur guilt unless the other !arty is at least
nine years and a dayM "ence the 1araitha su!!orts 0ab's contention that nine years
-and a day. is the minimum age of the !assive !artner for the adult to be liable.
"ai -r) =reedman
The plain (nglish meaning of the Talmud te/t is clear# ut if there is any dout# the
,oncino scholars put the matter to rest: 'o guilt is incurred with a oy child younger than
nine# even in incest) Thus we see that 5rthodo/ +ewish doctrines concerning homose/uality
are not accurately represented y -r) .aura and other 5rthodo/ spokesmen)
!ut o" Context(
When Juoted# those passages in Tractate ,anhedrin ;* and ;;a are sometimes said to
e taken out of conte/t) Theologian +ames Trimm is one who makes this protest)(C) !ut now
the full conte/t of ,anhedrin ;* and ;;a and indeed# the complete ,anhedrin is
availale to the readers of 1ome and HearK)
"ai Michael "odkinson# whose (nglish translation of the Talmud was repulished in
1%1&# censored the ,ages3 teaching on this issue) The 1%1& (dition of "ai "odkinson3s
Talmud was pulished under the editorship of "ai -r) 9) M) Wise# the pioneer of "eform
+udaism) "ai "odkinson e/plains his censorship in a footnote:
@e deem it ex!edient not to translate about two !ages of the text !receding the next Mishna#
treating of miserable crimes with men and animals# and giving the discussion with uestions and
answers# it would be undesirable to ex!ress in the <nglish language 4
"ai "odkinson (6C)
=or further discussion# see ?"ai "odkinson 1ensors the Talmud? in -o 'ot 1ensor
the Talmud# $lease)
1ensorship# e/purgation# and denial of the clear and ovious meaning of asic religious
te/t do not help inter4religious understanding) 9t does not help people of different religions
understand each others3 faiths) ,ee What We3re 2out)
The lack of reliale authoritative information on the doctrines of +udaic law is a
significant prolem as 2merican society and law ecomes more Talmudi:ed) ,uch
information gaps can cause unwanted societal conseJuences)
America Is Rapidly Becoming Talmudized
9n 1%%%# the ,upreme 1ourt agreed to consider an amicus rief ased wholly on Talmudic law
(see ,entence and (/ecution))

9n 'ovemer 6776# the 2merican 5rthodo/ +ewish community held a kosher dinner in the
,upreme 1ourt uilding to celerate the estalishment of the 'ational 9nstitute for +udaic .aw)
(G1) The dinner was attended y 677 people# including three ,upreme 1ourt +ustices) The
purpose of the 9nstitute is to introduce Talmudic laws into the <, legal system and law schools)

9t is thus the clear civic duty of every 2merican to ecome intimately acJuainted with the
Talmud) "ead articles at:
-eath $enalty: http:LLwww)come4and4hear)comLeditorLcapunishM1)html
Bosher -inner: http:LLwww)come4and4hear)comLeditorLcp4Hp41147%46776 and http:LLwww)come4
and4hear)comLeditorLcp4Hw47147&47G

!edi)al &n'est
2ccording to "ai -r) H) =reedman (footnote ;# aove)# in ,anhedrin ;*4;;a the
,ages confirm# ?in all crimes of incest# the passive adult does not incur guilt unless the other
party is at least nine years and a day)? Therefore# a mother who encourages her son to have
se/ual intercourse with her incurs no guilt if her son is younger than nine years old and a
day) 9n such an arrangement# the mother would e the ?passive? adult# of course)
Adult Male *omosexuality
MISHNAH. "< @"9 '9MM362 29C9M8 @36" * M*L< 90 * 1<*26# *7C * @9M*7 6"*6
'9MM362 1<263*L368 *0< 2697<C.
!aylonian Talmud# Tractate ,anhedrin ;*a
,oncino 1%C1 (dition# page GC0
This clears matters up) 1onsenting adults who engage in homose/uality suffer the death
penalty) !ut homose/uality with a male child under the age of nine years and a day is not
punishale (,anhedrin ;*4;;a# aove)) "ecall "ai -r) =reedman3s clear statement of the
doctrine:
:. 3.e.# 0ab makes nine years the minimum? but if one committed sodomy with a child of
lesser age# no guilt is incurred. 2amuel makes three the minimum.
"ai -r) =reedman (61)
+emale *omosexuality
!ut what of female homose/ualityI
GEMARA. 4 @omen who !ractise lewdness with one another are disualified from marrying a
!riest.
!aylonian Talmud# Tractate 8eamoth 0Ca
,oncino 1%C1 (dition# page ;16 4 ;1G
The same statement appears in ,haath C;a# page G11) The ruling# then# is only that a
woman who ?commits lewdness? with another is disJualified from marrying a priest) Thus a
woman who never had amitions to marry a priest suffers no sanction for her homose/ual
activity)
2ll of this paints a different picture of 5rthodo/ +ewish doctrine on homose/uality as
enshrined in the >4d4given law of the Talmud) What would -r) .aura say if she knewI 5r
does sheI
More on !edi)al &n'est
9n the following passage# the Juestion efore the ,ages is this: 9f a mother committed
incest with her son# would she still e eligile to marry a priestI 2s we shall see# the answer
depends on the son3s age) 2gain# incest with a young oy is not a concern# while incest with
an older oy rings conseJuences to the adult) Here# the ,ages deate the threshold age)
GEMARA. 4 9ur 0abbis taughtF 3f a woman s!orted lewdly with her young son =a minor># and
he committed the first stage of cohabitation with her# 1eth 2hammai say# he thereby renders
her unfit to the !riesthood. 1eth "illel declare her fit. 0. "iyya the son of 0abbah b. 7ahmani
said in 0. "isda's name? others state# 0. "isda said in Ee'iri's nameF *ll agree that the
connection of a boy aged nine years and a day is a real connection? whilst that of one less than
eight years is notF -:. their dis!ute refers only to one who is eight years old# 1eth 2hammai
maintaining# @e must base our ruling on the earlier generations# but -G. 1eth "illel hold that we
do not.
!aylonian Talmud# Tractate ,anhedrin C%
,oncino 1%C1 (dition# page *07
The translator# -r) =reedman# uses ?cohaitation? to denote se/ual intercourse) (G6) He
amplifies the te/t with footnotes)
:. 2o that if he was nine years and a day or more# 1eth "illel agree that she is invalidated
from the !riesthood? whilst if he was less that eight# 1eth 2hammai agree that she is not
G. @hen a boy of that age could cause conce!tion.
"ai -r) =reedman
The issue rests on the oy3s theoretical aility to cause conception) ,ince (theoretically)
a oy younger than nine cannot cause conception# he cannot (theoretically) engage in se/ual
intercourse (see aove# from page ;&# footnote 1# ?D the intercourse of a small oy is not
regarded as a se/ual act?)) This is a speciali:ed definition of se/ual intercourse)
The oy3s youth also e/empts the man who sodomi:es him from moral guilt and legal
liaility) That is# the young oy cannot ?throw guilt? on a man who lies with him# and the
,cripture does not apply) 9f the oy is old enough to cause conception# the man who lies with
him is in violation of ,cripture)
2nd now we have the answer to a Juestion that might have occurred to the reader when
we discussed incest etween mother and son# aove: Why wouldn3t a mother like that e
charged with incestI We have seen this e/planation from "ai -r) =reedman efore# ut it
warrants further study) 9n a synthesis of logical premises uniJue to Talmudism# the translator
again helps us out with a footnote) The language is comple/# ut the meaning of the last few
lines is clear: !y reckoning ack and forth etween the definition of ?man#? ?cause
conception#? ?active#? and ?passive? participants in a se/ual act# the conclusion is drawn that
incest is not punishale with a oy younger than nine years old)
J. =0ashi reads ="> instead of the ="> in our !rinted texts. * male# aged nine years and a
day who commits etc.> 6here are thus three distinct clauses in this 1araitha. 6he first
a male aged nine years and a day refers to the !assive sub/ect of !ederasty# the
!unishment being incurred by the adult offender. 6his must be its meaning because
firstly# the active offender is never ex!licitly designated as a male# it being understood#
/ust as the 1ible states# Thou shalt not lie !ith man"ind$ where only the sex of the
!assive !artici!ant is mentioned? and secondly# if the age reference is to the active
!arty# the guilt being incurred by the !assive adult !arty# why single out !ederastyF in all
crimes of incest# the !assive adult does not incur guilt unless the other !arty is at least
nine years and a dayM "ence the 1araitha su!!orts 0ab's contention that nine years
-and a day. is the minimum age of the !assive !artner for the adult to be liable.
"ai -r) =reedman (6*)
Ameri'an Puritanism ,s- Ra..ini' Tradition
"orward reports criticism of 8oung 9srael3s award to -r) .aura)
6he !roblem# according to her liberal critics# is that Ms. 2chlessinger !ushes a conservative#
!ro%life !latform that is out of touch with the mostly liberal *merican Jewish !ublic. @orse# they
say# is that her "sanctimonious" moralism and harsh style are more a reflection of *merican
,uritanism than the ancient rabbinic tradition.

"3t's sad that with all the outstanding individuals doing great work# the 7ational 'ouncil of 8oung
3srael has chosen someone whose comments have been so divisive within and outside of the
Jewish community#" said 0abbi Couglas &ahn# the executive director of the Jewish 'ommunity
0elations 'ouncil of 2an Francisco.

0abbi &ahn said he was referring in !articular to the controversy s!arked by Ms. 2chlessinger's
claim that homosexuality is "deviant" and a "biological error." Last year gay rights organi5ations
and other liberal grou!s organi5ed a boycott of Ms. 2chlessinger's new television show# which
was eventually canceled due to !oor ratings.

More than a do5en Jewish leaders signed a critical letter to Ms. 2chlessinger# including 0abbi
,aul Menitoff# the executive vice !resident of the 0eform movement's 'entral 'onference of
*merican 0abbis.
=orward(;)
9ndeed# "ais Bahn# Menitoff# and other "eform rais are right) -r) .aura is not
representing ?the ancient rainic tradition#? which allows ample room for homose/uality
and pederasty) !ut why didn3t "ais Bahn and Menitoff and their "eform colleagues
pulicly correct -r) .aura and her 5rthodo/ mentors# in particular "ai Moshe !ryski# y
using the authority of direct Juotes from the TalmudI
Children as Con'u.ines$ Ba.ies as /i,es
The ancient Herews were permitted to use children as concuines) Moses estalished
the precedent) 9n the passage elow# the Herews have Hust massacred the Midianite men)
They return home with ooty# and the Midianite women and children) Moses directs them to
slaughter the captive women and children with this e/ception: virgin girl children are to e
kept as concuines for the Herews)
12. And they brought the captives, and the prey, and the spoil, unto oses, and
!lea"ar the priest, and unto the congregation o# the children o# $srael, unto the
camp at the plains o# oab, which are by %ordan near %ericho.
1&. And oses, and !lea"ar the priest, and all the princes o# the congregation, went
#orth to meet them without the camp.
1'. And oses was wroth with the o##icers o# the host, with the captains over
thousands, and captains over hundreds, which came #rom the battle.
1(. And oses said unto them, )ave ye saved all the women alive*
1+. ,ehold, these caused the children o# $srael, through the counsel o# ,alaam, to
commit trespass against the -.R/ in the matter o# 0eor, and there was a plague
among the congregation o# the -.R/.
11. 2ow there#ore kill every male among the little ones, and kill every woman that hath
known man by lying with him.
13. ,ut all the women children, that have not known a man by lying with him, keep
alive #or yourselves.
'umers G1:1641& (B+F)
9n the following# the Talmud ,ages reason that# since $hinehas was among the Herews
who were permitted a child concuine and $hinehas was a priest# 'umers G1:1041& is
-ivine sanction for the marriage of priests with girls under the age of three aies) The
rais descrie the aies as proselytes) The American /eritage 2ictionary defines !roselyte
as ?a >entile converted to +udaism)? 9n the following passage# a ondman is a male slave#
and a ondwoman a female slave)
GEMARA. 4 3t was taughtF 0. 2imeon b. 8ohai statedF * !roselyte who is under the age of
three years and one day is !ermitted to marry a !riest# -:. for it is said# But all the !omen
children that ha%e not "no!n man &# l#ing !ith him$ "ee' ali%e for #oursel%es# -G. and ,hinehas
-I. surely was with them. *nd the 0abbisM -J. =6hese were ke!t alive> as bondmen and
bondwomen. -K. 3f so# -B. a !roselyte whose age is three years and one day -+. should also be
!ermittedH =6he !rohibition is to be ex!lained> in accordance with 0. "una. For 0. "una
!ointed out a contradictionF 3t is written# Kill e%er# !oman that hath "no!n man &# l#ing !ith
him# -). but if she hath not known# save her alive? from this it may be inferred that children are to
be ke!t alive whether they have known or have not known =a man>? and# on the other hand# it is
also written# But all the !omen children$ that ha%e not "no!n man &# l#ing !ith him$ "ee' ali%e
for #oursel%es# -G. but do not s!are them if they have known. 'onseuently -(;. it must be said
that 2cri!ture s!eaks of one who is fit -((. for cohabitation. -(:.
!aylonian Talmud# Tractate 8eamoth C7
This is a special definition of cohaitation) The translator# "ev) -r) 9srael W) ,lotki#
amplifies the te/t with footnotes:
:. 2he is not regarded as a harlot.
G. 7um. DDD3# (+.
I. @ho was a !riest.
J. "ow could they# contrary to the o!inion of 0. 2imeon b. 8ohai# which has 2cri!tural
su!!ort# forbid the marriage of the young !roselyteM
K. 7ot for matrimony.
B. 6hat# according to 0. 2imeon# 7um. DDD3# (+ refers to matrimony.
+. 2o long as she has (not "no!n man(.
). 7um. DDD3# (B.
(;. 6o reconcile the contradiction.
((. 3.e.# one who had attained the age of three years and one day.
(:. 7ot one who had actually ex!erienced it.
"ev) -r) ,lotki
The doctrine that +ewish men may have se/ual intercourse with non4+ewish children
(?proselytes?) under the age of three is e/panded in the following passageE ?"ai? is +udah
the $rince)
GEMARA. 4 0. Jacob b. 3di stated in the name of 0. Joshua b. LeviF 6he halachah is in
agreement with 0. 2imeon b. 8ohai. -(G. 2aid 0. Eera to 0. Jacob b. 3diF Cid you hear this -(G.
ex!licitly or did you learn it by a deductionM @hat =could be the> deductionM *s 0. Joshua b.
Levi relatedF 6here was a certain town in the Land of 3srael the legitimacy of whose inhabitants
was dis!uted# and 0abbi sent 0. 0omanos who conducted an enuiry and found in it the
daughter of a !roselyte who was under the age of three years and one day# -(I. and 0abbi
declared her eligible to live with a !riest. -(J.
,oncino 1%C1 (dition# page *7G
The translator# "ev) -r) 9srael W) ,lotki# amplifies the te/t with footnotes:
(G. 6hat a !roselyte under the age of three years and one day may be married by a !riest.
(I. *nd was married to a !riest.
(J. 3.e.# !ermitted her to continue to live with her husband.
"ev) -r) ,lotki
'ot every ,age agreed with this practice) The Talmud records the words of one ,age
who oHected to one case# though it does not record the specifics of his oHection)
GEMARA. 4 * certain !riest married a !roselyte who was under the age of three years and
one day. 2aid 0. 7ahman b. 3saac to himF @hat =do you mean by> thisM -(:. 6he other
re!liedF 1ecause 0. Jacob b. 3di stated in the name of 0. Joshua b. Levi that the halachah is in
agreement with 0. 2imeon b. 8ohai. -(G. 'Ao'# the first said# 'and arrange for her release# or else
3 will !ull 0. Jacob b. 3di out of your ear'. -(I.
,oncino 1%C1 (dition# page *7*
The translator# "ev) -r) 9srael W) ,lotki# amplifies the te/t with footnotes:
(:. 3.e.# on what authority did you contract the marriage.
(G. L. su'ra !. I;G. n. (G.
(I. "e would !lace him under the ban and thus com!el him to carry out his decision which
is contrary to that of 0. Jacob b. 3di.
"ev) -r) ,lotki
*ow !ld &s the S'reamer(
9n Talmud doctrine# if a wife is a screamer that is# her voice can e heard y the
neighors she can e divorced without her ,ethubah)
MISHNAH. 6"<2< *0< 69 1< C3L90'<C @36"9$6 0<'<3L37A 6"<30 &<6"$1*"F * @3F< @"9
60*72A0<22<2 6"< L*@ 9F M92<2 90 =97< @"9 60*72A0<22<2> J<@32" ,0*'63'< 4
=2$'" 60*72A0<223972 37'L$C<> *L29 6"*6 9F * @3F< @"9 '$02<2 "<0 "$21*7C'2
,*0<762 37 "32 ,0<2<7'<. 0. 6*0F97 2*3CF *L29 97< @"9 2'0<*M2. *7C @"9 32
0<A*0C<C * 2'0<*M<0M * @9M*7 @"92< L93'< '*7 1< "<*0C 18 "<0 7<3A"19$02
@"<7 2"< 2,<*&2 3723C< "<0 "9$2<.
!aylonian Talmud# Bethuoth 06a
,oncino 1%C1 (dition# page **%
However# in the current conte/t of the child ride# the matter ecomes another issue) 9t is
surely possile that a three or four4year4old wife screams in pain when reJuired to perform
her marital duties) 5n reading further# the >emara e/plains that if the wife screams during
intercourse# it may e a sign of a physical defect)
GEMARA. 4 0. 6*0F97 2*3CF *L29 97< @"9 2'0<*M2. @hat is meant by a screamerM
0ab Judah re!lied in the name of 2amuelF 9ne who s!eaks aloud -(;. on marital matters. 3n
a 1araitha it was taughtF =1y screams was meant a wife> whose voice -((. during her
intercourse in one court can be heard in another court. 1ut should not this# then# -(:. have been
taught in the Mishnah -(G. among defectsM -(I. 'learly we must revert to the original
ex!lanation. -(J.
!aylonian Talmud# Tractate Bethuoth 06
,oncino 1%C1 (dition# page *;G
"ev) -r) 9srael W) ,lotki amplifies the aove >emara in the following footnotes) He tells
us these were not screams of pleasure they were screams of pain)
(;. Lit.# 'makes her voice heard'.
((. "er screams of !ain caused by the co!ulation.
(:. 2ince her screaming is due to a bodily defect.
(G. 3nfra BBa.
(I. 9f course it should. 2uch a case in our Mishnah is out of !lace.
(J. 6hat given in the name of 2amuel.
"ev) -r) ,lotki
9n some cases# however# the screaming wife may e one who is so young and physically
underdeveloped# her se/ual organs cannot accommodate those of a grown man) 9t seems this
child is at risk of eing divorced without her ,ethubah) That is# of course# a concern)
A 0i""erent View)oint
There is no Talmud prohiition against se/ual activity etween an adult and very a
young child on the asis that such activity could wound the child) 9nstead# the concern of the
,ages is focused on interpreting !ilical inHunctions and technicalities that asolve the adult
from guilt or liaility: 2t what age# they ask# does the child egin to cause ?defilement? of
the adult who uses the child for se/I
This ne/t passage illustrates the point once more) The ,ages deate ?from what age does
a heathen child cause defilement?I 9s it nine years# or is it three yearsI 9f the correct
threshold age is oserved# the +ew incurs no guilt for the act of pederasty)
GEMARA. 4 From what age does a heathen child cause defilement by seminal emissionM
From the age of nine years and one day# =GBa> for inasmuch as he is then ca!able of the sexual
act he likewise defiles by emission. 0abina saidF 3t is therefore to be concluded that a heathen
girl =communicates defilement> from the age of three years and one day# for inasmuch as she is
then ca!able of the sexual act she likewise defiles by a flux. 6his is obviousH 8ou might argue
that he is at an age when he knows to !ersuade =a female> but she is not at an age when she
knows to !ersuade =a male# and conseuently although she is technically ca!able of the sexual
act# she does not cause defilement until she is nine years and one day old>. "ence he informs
us =that she communicates defilement at the earlier age>.
!aylonian Talmud# Tractate 2odah Narah GC4G0a
,oncino 1%C1 (dition# pages 10&410%
This may surprise the 2merican reader who encounters it for the first time) 9n our
society# of course# an adult who uses a child particularly a very young child for se/ual
activity is criminally censured)
Brother Ta1es Three-2ear-!ld /idow
9n Tractate 'iddah# again there is approval for priests to marry and copulate with ay
girls) This passage descries a situation in which a priest dies without children# leaving a
three4year4old widow) 9n such case# the priest3s rother (the yebam) can acJuire the girl y
having se/ual intercourse with her) The elli!sis )*+ in the %ollowing 3ishna indicates the
omission o% non'germane text. The %ull text is a.ailable through the lin, at the Come and
/ear4 lin,& below.
MISHNAH. * A30L 9F 6"< *A< 9F 6"0<< 8<*02 *7C 97< C*8 M*8 1< 1<6096"<C 18
376<0'9$02<? 4 3F 2"< @*2 M*003<C 69 * ,03<26# 2"< M*8 <*6 6<0$M*".
!aylonian Talmud Tractate 'iddah **
,oncino 1%C1 (dition# page G7&
Terumah is the word for temple offerings eaten y priests) This statement indicates that
the three4year4old ride is the widow of the priest in all respects and privileges)
9n the passage elow# we see that the widow of a man who is not a priest can e se/ually
possessed y her erstwhile rother4in4law and therey ecome his wife)
GEMARA. 4 0. Jose!h saidF 'ome and hearH * maiden aged three years and a day may be
acuired in marriage by coition# and if her deceased husband's brother cohabits with her# she
becomes his.
!aylonian Talmud# Tractate ,anhedrin ;;
,oncino 1%C1 (dition# page G0C
The statement Juoted aove from Tractate ,anhedrin ;; also appears in Tractate
,anhedrin C%a# ,oncino 1%C1 (dition# page *C%)
/ounding 2oung Brides .y &nter'ourse
The ,ages go on to discuss se/ual intercourse with a girl younger than three years old:
Wounding the child and causing her to leed is one possile result) =rom the ,ages3
description# it is apparent that the ay leeds again and again from copulation with a grown
man# and the ,ages# once again# attriute the leeding to the repetitive rupturing of the
hymen (i)e)# virginity growing ack))
-n the %ollowing 3ishnah& non'germane text is omitted )*+. Please %ollow the source lin,
to .iew the com!lete 3ishnah.
MISHNAH. * A30L 9F 6"< *A< 9F 6"0<< 8<*02 *7C 97< C*8 M*8 1< 1<6096"<C 18
376<0'9$02<? 4 3F 97< @*2 89$7A<0 6"*7 6"32 *A< 376<0'9$02< @36" "<0 32 L3&<
,$6637A * F37A<0 37 6"< <8<.
!aylonian Talmud# Tractate 'iddah **
,oncino 1%C1 (dition# page G7%
The image of ?a finger in the eye? is once again e/plained in the following >emara) The
possiility that the three4year4old committed adultery with a stranger is also addressed:
GEMARA. 4 3F 97< @*2 89$7A<0 6"*7 6"32 *A<# 376<0'9$02< @36" "<0 32 L3&<
,$6637A * F37A<0 37 6"< <8<. 3t was asked# Co the features of virginity disa!!ear and
rea!!ear again or is it !ossible that they cannot be com!letely destroyed until after the third
year of her ageM 3n what !ractical res!ect could this matterM 3n one# for instance# where her
husband had intercourse with her before the age of three and found blood# and when he had
intercourse after the age of three he found no blood. 3f you grant that they disa!!ear and
rea!!ear again =it might well be assumed> that there 'was not sufficient time for their
rea!!earance# but if you maintain that they cannot be destroyed until after the age of three
years it would be obvious that a stranger cohabited with her. 7ow what is your decisionM 0.
"iyya son of 0. 3ka demurredF 1ut who can tell us that a wound inflicted within the three years is
not healed forthwith# seeing it is !ossible that it is immediately healed and it would thus be
obvious that a stranger had cohabited with herM 0ather the !ractical difference is the case# for
instance# where her husband had intercourse with her while she was under three years of age
and found blood and when he had intercourse after the age of three he also found blood. 3f you
grant that the features disa!!ear and rea!!ear again the blood might well be treated as that of
virginity# but if you maintain that they cannot be destroyed until after the age of three years# that
must be the blood of menstruation. 7ow what is your decisionM 0. "isda re!lied# 'ome and
hearF 3F 97< @*2 89$7A<0 6"*7 6"32 *A<# 376<0'9$02< @36" "<0 32 L3&< ,$6637A *
F37A<0 37 6"< <8<? what need was there to state# L3&< ,$6637A * F37A<0 37 6"< <8<' instead
of merely sayingF 3F 97< @*2 89$7A<0 6"*7 6"32 *A<# 376<0'9$02< @36" "<0 32 of no
conseuence'M Coes not this then teach us that as the eye tears and tears again so do the
features of virginity disa!!ear and rea!!ear again.
!aylonian Talmud# Tractate 'iddah *;a
,oncino 1%C1 (dition# page G7%4G17
Rest "or the &nter'ourse /ound
This >emara from Tractate Bethuoth takes up the discussion of the pre4puescent ride
who is wounded y intercourse)
GEMARA. 4 0. "isda ob/ectedF 3f a girl# whose !eriod to see =blood> had not arrived yet# got
married# 1eth 2hammai sayF 9ne gives her four nights# and the disci!les of "illel sayF $ntil the
wound is healed u!. -(. 3f her !eriod to see =blood> had arrived and she married# 1eth 2hammai
sayF 9ne gives her the first night# and 1eth "illel sayF $ntil the night following the 2abbath =one
gives her> four nights.
!aylonian Talmud# Tractate Bethuoth Ca
,oncino 1%C1 (dition# page 67461
The translator# "ai -r) ,amuel -aiches# amplifies the te/t with this footnote)
(. 6he blood that comes out is attributed to the wound and not to menstruation. 9rdinarily#
after the first intercourse further intercourse is forbidden until the coming out of blood#
i.e.# menstruation# is over. 1ut in this case# in which the young bride had never yet had
any menstruation# it is assumed that the blood is not due to menstruation but to the
wound caused by the intercourse. *ccording to 1eth 2hammai this assum!tion holds
good for four nights# and according to 1eth "illel it holds good 'until the wound is healed
u!.' *s to the definition of this !hrase# v. 7id. KIb. L. also 7id. KJb# where it is finally
decided that after the first coition no further intercourse must take !lace until the flowing
of blood has sto!!ed# even in the case of a young bride who had not yet had any
menstruation. L. also <ben ha%'<5er# KG# and 8oreh Ce'ah# ()G.
"ai -r) -aiches
We have een told that according to +ewish law# a post4puescent ride who leeds after
the first intercourse does not have intercourse again until after her ne/t menstrual period
(aove)) The situation is different# however# for a ride who has not reached the age of
menstruation) What are the rules concerning the leeding pre4puescent rideI ,hammai
rais say the intercourse wound should e given four nights rest) The Hillel rais
recommend astinence until the wound is healed (Bethuoth Ca)) ,ee also Tractate 'iddah#
as follows:
MISHNAH. 3F * 89$7A A30L# @"92< *A< 9F M<7260$*6397 "*2 796 8<6 *003L<C#
M*003<C# 1<6" 2"*MM*3 0$L<CF 2"< 32 *LL9@<C F9$0 73A"62# *7C 1<6" "3LL<L 0$L<CF
$763L 6"< @9$7C 32 "<*L<C.
!aylonian Talmud# Tractate 'iddah C*
,oncino 1%C1 (dition# page *;*
2gain# there is no prohiition of a se/ual practice that would almost certainly cause
physical damage to a young girl due to the mismatched si:es of genitals etween an adult3s
penis and a child3s vagina or anus)
!ld +ashioned Torah Values(
*t a time when *mericans are dis!laying an ever%increasing interest in all things Jewish from
kabbala to 2enator Jose!h Lieberman to "&osher 2ex" Cr. Laura is the most !o!ular source
for a healthy dose of Jewish nagging# guilt tri!s and what she !resents as lessons in good old%
fashioned 6orah values.
=orward(;)
We have seen in 'umers G1:1641& that Moses permitted grown men to use little girls as
concuines) 9n the Talmud# grown men are permitted to have se/ual intercourse with female
aies and children# and homose/ual relations with oys younger than nine)
Those ?good old fashioned Torah values? are not Juite as 1hristian 2merica rememers
them)
Marital 0uties o" the Pre-Pu.es'ent Bride
The marital duties of the pre4puescent rides are addressed in at least three tractates in
almost the same words (8eamoth 16 and 177# 'iddah *;a# and Bethuoth G%a))
9n the following passage# the ,ages discuss the use of contraception) 2ll the ,ages agree
that a wife younger than eleven a wife who is too young to ecome pregnant is
reJuired to carry on ?marital intercourse? in the normal manner) "ecall that those rides can
e as young as three# and sometimes younger)
GEMARA. 4 6hree classes of woman may use an absorbent -(. in their marital intercourseF -:.
* minor# and an ex!ectant and a nursing mother. 6he minor#-G. because otherwise she might
become !regnant and die. *n ex!ectant mother# -G. because otherwise she might cause her
foetus to degenerate into a sandal. -I. * nursing mother# -G. because otherwise she might have
to wean her child !rematurely# -J. and this would result in his death. *nd what is the age of such
a 'minor'M -K. From the age of eleven years and one day to the age of twelve years and one
day. 9ne who is under -B. or over this age -+. must carry on her marital intercourse in a normal
manner? so 0. Meir. 1ut the 2ages ruledF 6he one as well as the other carries on her marital
intercourse in a normal manner and mercy -). will be vouchsafed from heaven# for it is said in
2cri!ture# The )ord 'reser%eth the sim'le -(;. 4
The translator# "ev) -r) 9srael W) ,lotki# amplifies the te/t with these footnotes:
(. Mu"# flax or hackled wool.
:. 6o avoid conce!tion.
G. 3s !ermitted the use of the absorbent.
I. * fish%sha!ed abortion. Lit.# 'flat%fish'.
J. 9n account of her second conce!tion which causes the deterioration of her breast milk.
K. 9f whom it has been said that she is ca!able of conce!tion but is thereby ex!osed to
fatal conseuences.
B. @hen conce!tion is im!ossible.
+. @hen conce!tion involves no danger.
). 6o !rotect them from harm.
(;. ,s. 'DL3# K? sc. those who are unable to !rotect themselves. *t any rate it was here
stated that a minor under eleven years of age is inca!able of conce!tion. 4
"ev) -r) ,lotki
0id Girls Rea'h Pu.erty 3arlier Then(
9t is sometimes claimed that in the days when the Talmud ,ages walked the earth# girls
matured earlierE hence# se/ual intercourse with girls three years old and younger was not
inappropriate) However# the Talmud itself repudiates this assertion)
9n Tractate 'iddah *;a (Juoted aove)# the ,ages argue: ?=rom the age of eleven years
and one day to the age of twelve years and one day? a girl may use an ?asorent?
(contraception) ?ecause otherwise she might ecome pregnant and die)? The ,ages also say
girls younger (than eleven) must carry on se/ual intercourse ?in the normal manner)?
Therefore# as a general rule# the ,ages did not e/pect a girl younger than eleven could get
pregnant) The statements in 'iddah *;a indicate that se/ual maturation of women in the time
of the Talmud ,ages compares with se/ual maturation of women in our own day)
5r consider the passage that appears Hust previous in 'iddah *;a:
GEMARA. 4 3t is related of Justinia the daughter of '*severus son of *ntonius that she once
a!!eared before 0abbi. 'Master'# she said to him# 'at what age may a woman marryM'. '*t the
age of three years and one day'# he told her. '*nd at what age is she ca!able of conce!tionM' '*t
the age of twelve years and one day'# he re!lied. '3'# she said to him# 'married at the age of six
and bore a child at the age of seven? alas for the three years that 3 have lost at my father's
house'. 1ut can a woman conceive at the age of six yearsM
+ustinia3s assertion that she had a child at seven is surprising# and it even surprises the
,ages (?!ut can a woman conceive at the age of si/ yearsI?)) !ut note that "ai (+udah the
$rince)# who was familiar with far more than a single girl3s e/perience# estimated twelve as
the earliest age for childearing) "ai would of course e familiar with all phases of human
life from his career of counseling# Hudging# and recording) "ememer (Talmud .aws of
Menstruation)# the rais were intimately familiar with the physiological details of their
female parishioners# consulted even on specimens of a woman3s vaginal discharge) "ev) -r)
,lotki remarks on the aove >emara in footnote 17 on the following page:
(;. 4 *t any rate it was here stated that a minor under eleven years of age is inca!able of
conce!tion. "ow then is Justinia's story to be reconciled with this statementM
"ev) -r) ,lotki (G)
The Rights o" the Child
The treatment of children in 5rthodo/ +udaism has caused concern in 9taly) 2 >enoa
court# ruling in a custody dispute# accepted the report of psychologists that 5rthodo/
+udaism views ?e/ploitation and cruelty to minors as legitimate D and perverted ehavior as
normal)? =or more details# see 2ppendi/: The "ights of the 1hild)
The Rudin Standard
.et us consider again "orward3s coverage of -r) .aura3s 'ational Heritage award from
8oung 9srael)
@ith :; million listeners and a tendency to !resent her conservative views as an outgrowth of
her 9rthodox Jewish faith# Cr. Laura may well be Judaism's to! ambassador to middle *merica.
=orward (;)
!ut we notice -r) .aura never tells Middle 2merica aout the doctrines of 5rthodo/
+udaism on child4adult se/) We wonder how things would work out for her ratings if she
followed the advice of "ai 2) +ames "udin# ,enior 9nterreligious 2dviser of the 2merican
+ewish 1ommittee)
9n =eruary 6776# "ai "udin wrote an article for "orward# commenting on the
Fatican3s decision to open its World War 99 archives partially) 9n that conte/t# "ai
"udin offered the Fatican the following advice:
4 one thing is clear. ,artial# incom!lete or !re%selected archival records will not be enough in a
world where trans!arency and full disclosure is now the norm if an institution whether
!olitical# financial# or s!iritual is to maintain its integrity.
"ai 2) +ames "udin (&)
9f it is important to fully disclose records of historical events# surely it is more important
to fully disclose fundamental religious doctrines that may soon e emodied in <, law
especially when those doctrines are controversial)
5n the suHect of child4adult se/# there is a great divide etween Talmud culture and
2merican culture) However# the e/tent of that divide is known only to one side) "ais in
2merica know and understand 2merican culture# 2mericans know almost nothing aout
Talmud culture) When the fundamental doctrines of the Talmud are e/amined carefully# we
find that feminist writer +udith .evine# author of Not /arm%ul to 3inors# The Perils o%
Protecting 5ids %rom Sex# is truer to classical +udaism than -r) .aura)
+ewish leadership from the most lieral of the "eform rais to the most conservative
of the 5rthodo/ rais have done +udaism a disservice y not coming forward with the
facts and applying "ai "udin3s standard of full disclosure) How can we achieve
understanding etween people of different religious faiths if we do not take courage and
stand ehind our own religious convictionsI
Thank you for your consideration of the aove#
Carol A. 6alentine# (ar at come4and4hear dot com
+uly 1*# 677G ( This article is on line at http:LLwww)come4and4
hear)comLeditorLamericaM6)html )
Suggested activities
Fisit the wesite of "ai .apin3s Toward Tradition organi:ation and review the links
page) (GC) When we visited during the presentation of this article# we found Toward
Tradition is linked to many organi:ations that espouse traditional 2merican and traditional
1hristian values) 5ther organi:ations who might e interested are those who sposor his radio
show and link to his we page)
1onsider sending some of these organi:ations a 1- of this wesite# or dropping them an
email) "efer them to the laws of the Talmud concerning child4adult se/# and ask them if they
support Talmud law) .et3s stimulate informed discussion of the Talmud among groups of
concerned 2mericans)
2s an alternative# consider locating organi:ations and prominent individuals who
endorse -r) .aura# link to her we page# or sponsor her radio show)
2s 2mericans# we hold that everyone is entitled to understand the principles and
intentions of pulic groups and pulic figures) We also hold that supporters of causes
deserve to e fully informed)

Endnotes:
6his and other Come and )ear4 5tudies on Talmudic %udaism can be found onlineF
htt!FNNwww.come%and%hear.comNeditor
The Jewish Religion: Its Influence Today by !li"abeth /illing# com!lete with all G;;
exhibits# can be found onlineF
htt!FNNwww.come%and%hear.comNdilling
5oncino ,abylonian Talmud tractates# with Forewords# 3ntroductions# Alossary# List of
*bbreviations# and footnotes. 7ow you can study the 1abylonian 6almud in full context and
with the running commentary of the finest scholars of JudaismF
6ractate 1erakothF htt!FNNwww.come%and%hear.comNberakoth
6ractate 2habbathF htt!FNNwww.come%and%hear.comNshabbath
6ractate 8ebamothF htt!FNNwww.come%and%hear.comNyebamoth
6ractate &ethubothF htt!FNNwww.come%and%hear.comNkethuboth
6ractate 7edarimF htt!FNNwww.come%and%hear.comNnedarim
6ractate 7a5irF htt!FNNwww.come%and%hear.comNna5ir
6ractate 2otahF htt!FNNwww.come%and%hear.comNsotah
6ractate AittinF htt!FNNwww.come%and%hear.comNgittin
6ractate 1aba &ammaF htt!FNNwww.come%and%hear.comNbabakamma
6ractate 1aba Me5i'aF htt!FNNwww.come%and%hear.comNbabame5ia
6ractate 1aba 1athraF htt!FNNwww.come%and%hear.comNbababathra
6ractate 2anhedrinF htt!FNNwww.come%and%hear.comNsanhedrin
6ractate *bodah EarahF htt!FNNwww.come%and%hear.comN5arah
6ractate "orayothF htt!FNNwww.come%and%hear.comNhorayoth
6ractate 7iddahF htt!FNNwww.come%and%hear.comNniddah
6ractate 6ohorothF htt!FNNwww.come%and%hear.comNtohoroth
2earch the 6almud htt!FNNwww.come%and%hear.comNtindex.html
/ownload all the above resources for local study# 'C# or mirror web siteF
htt!FNNwww.come%and%hear.comNdownload

A))endix4 The Rights o" the Child 5 &talian Case
2 report in the Baltimore ewish Times in =eruary 6777 gives an account of a custody
dispute in 9taly) Moshe and Tali -ulerg (sometimes ?-olerg?)# 9sraeli citi:ens living in
>enoa# were divorced) 1ustody of the couple3s two girls was initially given to the mother#
Tali) 9n 1%%C# Tali was converted to 5rthodo/ +udaism and remarried) Moshe rought suit
for custody of the daughters# asserting that Tali# as an 5rthodo/ +ew# was now unfit to care
for the girls) The court awarded custody to the father) When arguing the case# Moshe
presented to the court the findings of two psychologists) The Baltimore ewish Times states
of the psychologists:
6hey charged 9rthodox Judaism views "ex!loitation and cruelty to minors as legitimate 4 and
!erverted behavior as normal." 6hey com!ared 9rthodox !arents to drug addicts in their
inability to serve as a "loving source of affection" for their children.

6he court# guided by the assum!tion that the lifestyle of normal 3talian children is self%evidently
better# characteri5ed the Lubavitch movement# through which 6ali originally became religious#
as a "totalitarian sect."

6hus# Mr. Culberg won absolute authority over all educational decisions involving 7it5an and
Canielle# with the ex!licit goal that they be ex!osed to the full range of 3talian culture and a
"normal life."
!altimore +ewish Times (*1)
'ote the areviated nature of the Baltimore ewish Times coverage) The Times presents
only the psychologists3 conclusions and infers the 9talians are igots) However# the court
must have seen the psychologists3 evidence and arguments# and the court must have een
convinced) The Times does not descrie the 5rthodo/ +ewish doctrines and practices that
prompted the psychologists3 concerns)
'athan .ewin# an 5rthodo/ +ewish Washington# -1 lawyer# and "ai "aphael !utler#
the e/ecutive Fice $resident of the <nion of 5rthodo/ +ewish 1ongregations of 2merica
(?5rthodo/ <nion?) at that time# arranged a meeting at the 9talian (massy in Washington#
-1 to protest the >enoa ruling) Mr) .ewin and "ai !utler should have een familiar with
the details of the psychologists3 testimony and the court3s decision) They should have known
the doctrines and the practices that worried the psychologists# and they should have een
direct and forthright in correcting the record if the psychologists and the court were in error)
(ven if the psychologists offered no arguments or evidence to support their conclusions and
the court reached its decision in the asence of information# Mr) .ewin and "ai !utler
should have een Juick to point out the folly)
Mr) .ewin wrote a follow4up letter summari:ing the visit) (*6) 2ccording to Mr)
.ewin3s account# neither he nor "ai !utler addressed the court3s concern) 9nstead# Mr)
.ewin and "ai !utler changed the suHect: They charged that# in coming to its decision#
the 9talian court violated the <nited 'ations 1onvention on the "ights of the 1hild) (We met
'athan .ewin in ,entence and (/ecution# @*7A and watched him misrepresent Talmud death
penalty law in the rief he wrote and presented to the <, ,upreme 1ourt))
"ai !utler3s 5rthodo/ <nion also organi:ed a letter4writing campaign targeting 9talian
pulic officials) 2 prepared letter was posted on the 5rthodo/ <nion we page) (*G) 2
review of the letter reveals the same scarcity of information: 9t contains no specifics
concerning the doctrines or practices that worried the psychologists# and no attempt to
demonstrate that their concerns are misplaced or in error) 9nstead# the 5rthodo/ <nion urges
supporters to protest the ?inHustice? of the ruling# and to scold the 9talians for violating the
<' 9nternational 1onvention on the "ights of the 1hild)
The following 9talian officials are targeted:
ayor o# 6enice
assimo Cacciani
,la55o 'avalli 2an%Marco I;+)
Lenice. G;(;;#
3talia
,honeF ;((%G)%;I(%:BI+(((
FaxF ;((%G)%;I(%J:;;B+:N :BI+IB;
sindacoOcommune.vene5ia.it

.##ice o# the inister o# %ustice
in. .liviero /iliberto
M37326<09 C3 A0*E3* < A3$263E3*
Lia *renova# B;
;;(+K 09M*
3taly
,honeF ;((%G)%;K%K++J(
FaxF ;((%G)%;K%K+K+(+B

inister o# 7oreign A##airs:
in. -amberto /ini
M37326<09 C<AL3 *FF*03 <26<03
,. le Faresina# (
;;()I 09M*
3taly
,honeF ;((%G)%;K%GK)(:;;:
FaxF ;((%G)%;K%GK)(:;;K
rendeOesteri.it

5ecretary o# the 7oreign inister o#
$taly
7abri"io Rende
,. le Faresina# (
;;()I 09M*
3taly
,honeF ;((%G)%;K%GK)(:;;:
FaxF ;((%G)%;K%GK)(:;;K
rendeOesteri.it
Ambassador 5ergio 6ento
0ermanent Representative o# $taly to the 8nited
2ations
: $7 ,la5a# :Ith Floor
7ew 8ork# 78 (;;(B
:(:%I+K%)()( -,hone.
:(:%I+K%(;GK -Fax.
<%mail at italyOun.int

Counsellor auro 0oliti
ission o# $taly to the 8nited 2ations
: $nited 7ations ,la5a# :Ith floor
7ew 8ork# 78 (;;(B
FaxF :(:% I+K%(;GK

Ambassador 7erdinando 5alleo
!mbassy o# $taly
(K;( Fuller 2treet# 7.@.
@ashington# C.'. :;;;)
FaxF :;:%I+G%:(+B

0resident Carlo A"eglio Ciampi
0R!5$/!29$A /!--A R!08,,-$CA
,ala55o del Puirinale
;;(+B 0oma
3taly
,honeF ;((%G)%;K%IK))(
,honeF ;((%G)%;K%IK)):K)K
FaxF ;((%G)%;K%IK))G(:J

0rime inister assimo /:Alema
0R!5$/!29A /!- C.25$;-$. /!$ $2$5TR$
,ia55a 'olonna# GB;
;;(+B 0oma
3taly
6elF ;((%G)%;K%KBB)(
FaxF ;((%G)%;K%KB)IJK)
<mailF salastam!aO!ala55ochege.it
5rthodo/ <nion (**)
=rom the 5rthodo/ +ewish perspective# surely this strategy is unwise) 9f the mother3s
case has merit# her case should e fought on its merit) !ut instead# 5rthodo/ +ewry is
organi:ing a letter4writing campaign to sway the Hudge and pulic officials with political
pressure)
9n 'ovemer 1%%%# 1apt) -r) ,haron# 9sraeli psychologist and captain in the 9sraeli
-efense =orce (9-=)# wrote a report supporting the mother3s case) .ike Mr) .ewin and "ai
!utler# 1apt) -r) ,haron does not address any specifics: He makes no attempt to discuss the
psychologists3 arguments or which +udaic doctrines and practices caused the concern# and he
makes no attempt to show their concerns were misplaced) .ike Mr) .ewin and "ai !utler#
1apt) -r) ,haron changes the suHect and claims the court3s decision violated the <'3s
convention on The "ights of the 1hild)
What can a rational# uniased oserver concludeI 9f the 9talian psychologists3 concerns
are ased on misinformation aout 5rthodo/ +udaism# the representatives of 5rthodo/
+udaism (and the 9sraeli psychologist) should correct the misinformation) !ut since the
material issues are eing avoided# what should a reasonale person concludeI
1ould the psychologists e worried aout the Talmud laws and doctrines we have
discussed in ,e/ with 1hildren y Talmud "ulesI 9f so# how can issues concerning child
welfare e settled unless people are forthright aout their religious eliefsI How can people
of different faiths come to an understanding if there is a lack of candorI
$ost ,cript: 9n an ironic seJuel# "ai "aphael !utler# Fice $resident of the 5rthodo/
<nion# was forced to retire over a child se/ ause case) This from the Star'7edger of +anuary
6G# 6771:
Se scandal !allout ends ra""i#eec$s career %&'()'%&
18 J92" M*0A9L37
26*0%L<CA<0 26*FF

6he sex and abuse scandal that has laid waste to the re!utation of a !rominent 1ergen 'ounty rabbi has
now claimed the career of the chief executive of the largest 9rthodox Jewish organi5ation in the world.

0abbi 0a!hael 1utler of Pueens resigned Friday as executive vice !resident of the Manhattan%based
9rthodox $nion# less than a month after a s!ecial investigative commission found that inaction at the to!
of the organi5ation allowed decades of abuse by 0abbi 1aruch Lanner of Fair Lawn to continue
unchecked.

6he resignation took effect immediately# and there was no attem!t to sugarcoat it as the 9rthodox $nion
made it clear that 1utler uit because he was one of the leaders who knew about Lanner's activities long
before they were made !ublic.

Lanner was found to have abused sexually# !hysically and emotionally teenagers entrusted to his
care while he ran the 7ew Jersey region of the 7ational 'onference of 2ynagogue 8outh# the 9rthodox
$nion's youth organi5ation# and worked at two 7ew Jersey yeshivas# both of them high schools.

'riminal investigations into Lanner's activities in 1ergen and Monmouth counties are continuing.

source Q full storyF
htt!FNNwww.n/o.comNnewsNledgerNindex.ssfMN/erseyNledgerN(:(f;f:.html

The 'ew +ersey ,tar4.edger# as relayed y -avid 9cke (*C)

Title: Sex with Children by Talmud Rules
<".: htt!#88www.come'and'hear.com8editor8america92.html
Fersion: August :2& 2;:;

*ootnotes: =ull specifics for each of the printed sources are provided in the !iliography)
5utside <".s were valid at the time this article was written) However# e mindful that
<".s do change)
(. "<ndorsement of adult%child sex on rise#" *ashington Times# *!ril )# :;;:F
htt!FNNwww.washtimes.comNcultureN:;;:;I()%BJJG;GBK.htm cached at htt!FNNwww.come%and%
hear.comNeditorNca%wt%;I%()%;:
:. "Loved and hated# 'Cr. Laura' receives award#" +e!ish Ne!s of ,reater Phoenix$ re!ublished from the
+e!ish Telegra'hic Agenc#F htt!FNNwww./ewisha5.comN/ewishnewsN;(;G:GNlaura.shtml cached at
htt!FNNwww.come%and%hear.comNeditorNca%laura%loved
G. Ba&#lonian Talmud$ 6ractate 7iddah# !age G((# note (; available in 'ome and "earR hy!ertext as
7iddah IJa footnote :B htt!FNNwww.come%and%hear.comNniddahNniddahSIJ.htmlTIJaS:B
I. 6he study# "* Meta%*nalytic <xamination of *ssumed ,ro!erties of 'hild 2exual *buse $sing 'ollege
2am!les?" see for exam!le htt!FNNwww.il/a%schmel5er.deN0indN0ind())+.html
J. "9rthodox Arou! "onors Cr. Laura#" -or!ardF
htt!FNNwww.forward.comNissuesN:;;(NN;(.;G.;:NnewsK.html cached at htt!FNNwww.come%and%
hear.comNeditorNca%forward%;(%;G%;:n
K. James 6rimm exchanged emails with 2eek Aod Ministries# who !ublished his arguments on their web
!age# "James 6rimm 0es!onds#" at htt!FNNwww.seekgod.caN/trimm.htm cached at htt!FNNwww.come%
and%hear.comNeditorNca%trimm
B. 2ee for exam!le# 2to!CrLaura.comF htt!FNNwww.sto!drlaura.comNlauraN
+. "@hile the Messiah 6arries#" -or!ard# 0abbi *. James 0udin# February ::# :;;:F
htt!FNNwww.forward.comNissuesN:;;:N;:.;:.::No!ed:.html cached atF htt!FNNwww.come%and%
hear.comNeditorNforward
). America(s .eal *ar# !age I;
(;. /oung Bo# by <lisabeth Louise Ligee%Le 1run# (+(B# oil on canvas J:xIKcm# 7ational Museum of
@omen in the *rts# C'
((. Ba&#lonian Talmud$ "3ntroduction#" 2eder 7e5ikin# Lol. 3# !age xxxiii available at htt!FNNwww.come%and%
hear.comNtalmudNne5ikin.htmlTxxxiii
(:. "@orld 'ongress of Families 'onvenes in @ashington#" 0oncerned *omen for America# (;NG;N:;;(F
htt!FNNwww.cwfa.orgNarticledis!lay.as!MidU((GIQde!artmentU'@*QcategoryidUfamily cached at
htt!FNNwww.come%and%hear.comNca%cwa(
(G. Ba&#lonian Talmud# 6ractate 2anhedrin# !age GB(# footnote :# a!!ears in 'ome and "ereR hy!ertext
as 2anhedrin JIb footnote :I# htt!FNNwww.come%and%hear.comNsanhedrinNsanhedrinSJI.htmlTJIbS:I
(I. "6he Cistilled @isdom of "uman 7ature#" Belle%ue Brea"fast .otar# 0lu&F
htt!FNNwww.bbrc.netN0<L<3LL<S*0'"3L<2Nv(InG:%;:((;:Nv(InG:%;:((;:Nv(InG:%;:((;:.html
cached at htt!FNNwww.come%and%hear.comNeditorNna%bbrc
(J. "Methodist minister defends !erforming gay marriage#" 0NN# March :K# ()))F
htt!FNNwww.cnn.comN$2N));GN:KNgay.marriage.trialN
(K. "*n *rchety!al 3nter!retation Jung and &abbalah#" The Ne! Ka&&alah
htt!FNNwww.newkabbalah.comNJungG.html cached at htt!FNNwww.come%and%hear.comNeditorNfreuds%gold%
mine
(B. "Fromm# Freud# and Midrash#" -ind Articles$ The American +e!ish 0ongress#
-htt!FNNwww.findarticles.comNcfS;Nm;I((NISI+NJ)(:;:B+N!(Narticle./html cached at htt!FNNwww.come%
and%hear.comNeditorNa/c%freud%gertel 2ee also -reud and Ka&&alah
-htt!FNNwww.newkabbalah.comNFreud.html. for a discussion of other connections between Freud's
writings and Judaism
(+. "'6his 3s Aold'F Freud# ,sychothera!y and the Lurianic &abbalah#" The )urianic Ka&&alah#
htt!FNNwww.newkabbalah.comN&ab,sych.html cached at htt!FNNwww.come%and%hear.comNeditorNfreud%
with%5ohar
(). "'ontroversial 2tudies ,ush 'hange in 2ociety's Liew of ,edo!hilia#" Ne!house Ne!s# March :K#
:;;:# htt!FNNwww.newhouse.comNarchiveNstory(c;G:K;:.html cached at htt!FNNwww.come%and%
hear.comNeditorNca%newhouse
:;. Euro'ean Traces of the Histor# of Ps#cholog## htt!FNNwww.ric.eduNdcousinsNeuro!sychNsfreud.html
:(. Ba&#lonian Talmud# 6ractate 2anhedrin JIb# !age GB(# available in 'ome and "earR hy!ertext as
2anhedrin JIb footnote :I htt!FNNwww.come%and%hear.comNsanhedrinNsanhedrinSJI.htmlTJIbS:I
::. "*sk the 0abbi#" Union of American He&re! 0ongregations: htt!FNNuahc.orgNaskNorthodo.shtml
cached at htt!FNNwww.come%and%hear.comNuahc%ortho%vs%reform
:G. Ba&#lonian Talmud# "3ntroduction#" 2eder 7e5ikin# Lol. 3# !age xxxiii available at htt!FNNwww.come%and%
hear.comNtalmudNne5ikin.htmlTxxxiii
:I. Ba&#lonian Talmud# 6ractate 2anhedrin# !age GB( footnote J# in 'ome and "ereR hy!ertext as
2anhedrin JJa footnote :# available atF htt!FNNwww.come%and%
hear.comNsanhedrinNsanhedrinSJJ.htmlTJJaS:
:J. Ba&#lonian Talmud# 6ractate &ethuboth# !age JI footnote (B# in 'ome and "ereR hy!ertext as
&ethuboth ((a footnote I# htt!FNNwww.come%and%hear.comNkethubothNkethubothS((.htmlT((aSI
:K. Ne! Edition of the Ba&#lonian Talmud# Lol. +F "2anhedrin#" 'ha!ter L33# !age (KK# shown in facsimile
as <xhibit B in +e!ish .eligion: 1ts 1nfluence Toda#. *lso available at Sacred Texts htt!FNNwww.sacred%
texts.comN/udNt;+Nt;+(;.htmTfnSJ: cached at htt!FNNwww.come%and%
hear.comNeditorNrodkinsonNt;+(;.htmTfnSJ:
:B. 2ee Social )egislation in the Talmud by 2oncino <ditor 0abbi Cr. 3sidore <!stein# at htt!FNNwww.come%
and%hear.comNtalmudNbabame5ia.html
:+. ""ealthy sex or unhealthy ideasM#" 0NN# *!ril :I# :;;:F
htt!FNNwww.cnn.comN:;;:N"<*L6"N;IN:GNbook.young.sexN
:). "**0, Lurches Left#" 0oncerned *omen for America# :N:;N:;;GF
htt!FNNwww.cwfa.orgNarticledis!lay.as!MidUGGIIQde!artmentU'@*QcategoryidUfamily cached at
htt!FNNwww.come%and%hear.comNeditorNca%cwaG
G;. "0egional MeetingsF @ashington# C.'.#" The Ho!ard 0enter: *orld 0ongress of -amilies$
htt!FNNworldcongress.orgN@'FN@'FV:;0egNwcfSregSdcSufi.htm cached at htt!FNNwww.come%and%
hear.comNeditorNca%wcf
G(. "Jewish law institute launched in C'#" +erusalem Post# 7ovember )# :;;:#
htt!FNNwww./!ost.comNservletN2atelliteM!agenameUJ,ostN*NJ,*rticleN2howFullQcidU(;GK+G;:+B:IK#
now moved to htt!FNN!asb.!archiver.comN/!ostNindex.htmlMtsU(;I:B+I;;+ cached atF
htt!FNNwww.come%and%hear.comNeditorNc!%/!%((%;)%:;;:
*lsoF "Jewish Law 'omes to C.'.#" The +e!ish *ee"$ January +# :;;G#
htt!FNNwww.the/ewishweek.comNnewsNnewscontent.!h!GMartidUB;BI cached as htt!FNNwww.come%and%
hear.comNeditorNc!%/w%;(%;+%;G
G:. 3n the $nited 2tates# cohabitation means only "living together" or "living together in an assumed sexual
relationshi! outside marriage." 3n the 2oncino# the word seems to be used to denote sexual
intercourse
GG. "3n Cefense of Cr. Laura#" The +e!ish homema"er#
htt!FNNwww.ok.orgNhomemakerNtishreiK(N!erson.html cached at htt!FNNwww.come%and%
hear.comNeditorNna%/h%defense
GI. 2edi'us 0om'lex Anal#sed$ htt!FNNwww.vuw.ac.n5N!sycNvornikFreudNoedi!.htm
GJ. The Essential Talmud# !age G. 0abbi 2teinsalt5's credentials formerly at
htt!FNNwww.steinsalt5.comNravsacks.htm cached atF htt!FNNwww.come%and%hear.comNeditorNsteinsalt5%
honors
GK. To!ard Tradition# htt!FNNtowardtradition.orgN# link !age at htt!FNNtowardtradition.orgNLinks.as! cached at
htt!FNNwww.come%and%hear.comNeditorNca%la!in%links
GB. "Jewish Law and the 2u!reme 'ourtF "a!!y Millennium From an *ncient Legal 6radition#" Pro3ect
Next Ste' by 0abbi 8it5chok *dlerstein# htt!FNN!ro/ectnextste!.orgNadlerstein%articlesN/ewish%law%
su!reme%court.htm cached at htt!FNNwww.come%and%hear.comNeditorNc!%adlerstein:
G+. Ba&#lonian Talmud# "Foreword#" 2eder 7e5ikin Lol. 3# !ages xxv%xxvi available in 'ome and "earR
hy!ertext as htt!FNNwww.come%and%hear.comNtalmudNne5ikinSh.htmlTxxv
G). "Mortara *ffair 0evisited#" Baltimore +e!ish Times# February I# :;;; cached at htt!FNNwww.come%and%
hear.comNeditorNna%b/t%;:%;I%;;
I;. 2entence and <xecution is available at htt!FNNwww.come%and%hear.comNeditorNca!unishS(.html
I(. "Mortara *ffair 0evisited#" +e!ish Media .esources from Baltimore +e!ish Times
htt!FNNwww./ewishmediaresources.orgNarticleN:KI cached at htt!FNNwww.come%and%hear.comNeditorNna%
b/t%;:%;I%;;
I:. "7athan Lewin's Cefinitive Letter to the 3talian Aovernment#" Union of 2rthodox +e!ish 0ongregations
of America# !reviously at htt!FNNwww.ou.orgN!ublicNstatementsN()))Ndulberglewin.htm -no longer
available at original location# archived at
htt!FNNweb.archive.orgNwebN:;;:;:(;;::KGGNhtt!FNNwww.ou.orgN!ublicNstatementsN()))Ndulberglewin.ht
m. cached at htt!FNNwww.come%and%hear.comNeditorNna%italiancase
IG. "2am!le Letter#" Union of 2rthodox +e!ish 0ongregations of America$
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m.
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2ee also footnote IB
IB. More information on the 0abbis LannerN1utler caseF "1y showing dangers# Lanner case broke down
9rthodox wall of silence#" +TA#
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Ra""i Daniel Lapin# ?national radio talk show host on political# economic# and cultural
values# and the author of two est sellers D "ai .apin was recently appointed y $resident !ush to a three4year term
on the >overnment3s 1ommission on <),) Heritage)? (1*)

?"ai -aniel .apin is $resident of Toward Tradition# a national educational movement of +ews and 1hristian
2mericans seeking to advance the nation toward traditional# faith ased principles of government# the rule of law# and a
moral pulic culture)?(G7)

9n reading this# a 1hristian might not inJuire to which traditions and laws "ai .apin would advance the country)
1hristian traditions and laws concerning se/ and children are very different from +ewish law)

T+e ,ery Reverend T+e -+ie! Ra""i o! t+e Britis+ Empire. t+e
late Dr. /osep+ 0. 0ertz

?This is not the place to speak of the influence of the TalmudE how throughout the centuries
of persecution and darkness# it saved 9srael from intellectual and moral degradation) My
purpose is merely to give a rief presentation of the Talmud as a ook) 9 shall therefore
conclude with the words of 9) 2rahams) PThe Talmud#Q he says# Pis one of the great ooks of
the world) "ainism was a seJuel to the !ileE and if# like all seJuels# it was uneJual to its
original# it nevertheless shares its greatness) The works of all +ews up to the modern period
were the seJuel to this seJuel) Through them all may e detected the unifying principle that
literature in its truest sense includes life itselfE that intellect is the handmaid to conscienceE
and that the est ooks are those which est teach men how to live) The ma/im#
Righteousness deli.ers %rom death& applies to ooks as well as to men) 2 literature whose
consistent theme is "ighteousness# is immortal)? "ai Hert: (G6)

6) Talmud #aws o" Menstruation
%iddah4 A woman in the )eriod o" her menstruation-
,oncino Talmud >lossary for the Babylonian Talmud

6The %iddah ordinan'es7 'on'ern the ,ery
.eing o" the soul o" the Jew- They sa"eguard
the )urity o" the Jewish soul$ without whi'h
no true religious moral and s)iritual li"e 5
indi,idual or 'or)orate 5 as Judaism
'on'ei,es it$ is attaina.le-
"ai (pstein# 9ntroduction to ,eder
Tohoroth (6)

'on4+ewish 2mericans may find it difficult to comprehend the importance of
menstruation in the +ewish religion and culture) 5ne indication of its importance is that an
entire tractate of the !aylonian Talmud# the Tractate 'iddah# is devoted to menstruation
laws) (10)
We do not wish to suHect the Talmud ,ages to undue scrutiny) Many peoples# from the
2ustralian 2origines to the ,outh 2frican !ushmen# have put restrictions on menstruating
women) (1*) However# we in 2merica are not eing asked to move closer to the ways of the
2ustralian 2origines or ,outh 2frican !ushmen# ut closer to the ways of the Talmud)
Thus# it ehooves us to look closely)
%iddah in a %utshell
The 5ld Testament stipulates a woman is unclean during menstruation# ut the Talmud
stipulates her period of uncleanness lasts for an additional week after menstruation has
ended) Niddah is the word used to denote the menstruating woman and her period of
uncleanness) The niddah defiles everyone and everything she touches) ,he may not have
se/ual intercourse with her husand) 9f she does# he is suHect to arrest and perhaps the death
penalty) ,ome niddah laws apply to >entile women# too) 9n his -ntroduction to Tractate
Niddah# "ev) -r) 9srael W) ,lotki states:
'ha!ter 3L is concerned with the condition of uncleanness of non%Jewish women# such as
2amaritans# 2adduceans and idolaters 4
"ev) -r) ,lotki (*)
Thus it ehooves all 2merican men and women +ew and >entile alike to come to
grips with the laws of 'iddah)
Meet Ty)hoid Mary
The +ewish (ncyclopedia gives an overview of the law of 'iddah) 9t states that those
laws are ased on .eviticus 1;:1%# et se$.
6he ,entateuchal code -Lev. xv. () et se.. ordains that a menstruous woman shall be unclean
for seven days from the beginning of the !eriod# whether it lasts only one day or all seven.
+ewish (ncyclopedia (;)
.et3s look at the !ile verses cited y the +ewish (ncyclopedia) .eviticus 1;:1% reads:
1<. And i# a woman have an issue, and her issue in her #lesh be blood, she shall be
put apart seven days: and whosoever toucheth her shall be unclean until the even.
.eviticus 1;:1% (B+F)
,o then# according to the 5ld Testament# a woman has to e isolated during her monthly
period and she contaminates all who touch her) They also ecome ?unclean)?
2=. And every thing that she lieth upon in her separation shall be unclean: every thing
also that she sitteth upon shall be unclean.
21. And whosoever toucheth her bed shall wash his clothes, and bathe himsel# in
water, and be unclean until the even.
22. And whosoever toucheth any thing that she sat upon shall wash his clothes, and
bathe himsel# in water, and be unclean until the even.
.eviticus 1;:67466 (B+F)
'ow the oHects she touches ecome sources of uncleanness# and the contagion spreads)
What happens if an ?unclean? man touches other people or oHectsI -o they also ecome
uncleanI .eviticus does not tell us) !ut let us continue to read:
2&. And i# it be on her bed, or on any thing whereon she sitteth, when he toucheth it,
he shall be unclean until the even.
2'. And i# any man lie with her at all, and her #lowers be upon him, he shall be unclean
seven days> and all the bed whereon he lieth shall be unclean.
2(. And i# a woman have an issue o# her blood many days out o# the time o# her
separation, or i# it run beyond the time o# her separation> all the days o# the issue
o# her uncleanness shall be as the days o# her separation: she shall be unclean.
2+. !very bed whereon she lieth all the days o# her issue shall be unto her as the bed
o# her separation: and whatsoever she sitteth upon shall be unclean, as the
uncleanness o# her separation.
21. And whosoever toucheth those things shall be unclean, and shall wash his
clothes, and bathe himsel# in water, and be unclean until the even.
23. ,ut i# she be cleansed o# her issue, then she shall number to hersel# seven days,
and a#ter that she shall be clean.
.eviticus 1;:6G46& (B+F)
2t the end of her period# the woman must give two pigeons and two turtles to the priest
so he can slaughter them)
2<. And on the eighth day she shall take unto her two turtles, or two young pigeons,
and bring them unto the priest, to the door o# the tabernacle o# the congregation.
&=. And the priest shall o##er the one #or a sin o##ering, and the other #or a burnt
o##ering> and the priest shall make an atonement #or her be#ore the -.R/ #or the
issue o# her uncleanness.
.eviticus 1;:6%4G7 (B+F)
Talmud #aws "More !nerous"
2s if all of this were not soering enough# the ewish <ncyclo!edia informs us that the
Talmud laws are even more onerous:
3n either case she is unclean for seven days only# but during this time her defilement is
communicated to every ob/ect with which she comes in contact. 6hese laws# however# have
been extended in many ways and made more onerous# both by rabbinical traditions and
inter!retations and by customs which have been ado!ted by Jewish women themselves.
*ccording to these more rigid reuirements# the woman must reckon seven days after the
termination of the !eriod. 3f# then# this lasts seven days# she can not become !ure until the
fifteenth day. ,urification# furthermore# can be gained only by a ritual bath -"mitweh".? and until
the woman has taken this she remains unclean according to the inter!retation of 0. *kiba
-2habbath KIb.# which was acce!ted by the 0abbis generally. 3n addition to all this# a woman
who does not menstruate regularly is unclean for a certain time before she becomes aware that
the !eriod has begun# and ob/ects which she touches are defiled# since there is danger that the
menses may have begun a short time before and that she may not have !erceived the fact.
+ewish (ncyclopedia (;)
'otice in the aove# ?+ewish women themselves#? are said to have introduced more
onerous niddah laws) ,oncino Translator# "ev) -r) 9srael ,lotki# makes the same assertion in
his 9ntroduction to Tractate 'iddah) (*) 'either cites a source for the assertion) This is a
great loss) Why would +ewish women reJuest the ,ages to impose more restrictions on their
livesI 2nd why would the ,ages encode those personal reJuests in a document that is said to
e the Word of >odI

A odern itweh
Mikvah *teres 8isroel -(K.
,otomac# Maryland
-,ros!erous 2uburb
of @ashington# C'.
-o your own 9nternet search on ?+ewish ritual ath#? ?mikvah#? ?mikveh#? ?mitweh#?
?mikwa#? etc) 8ou will find many functioning mitwehs around the <,# indicating the law of
'iddah is very much alive today) 2 commercially availale mitweh cosmetic ag is shown in
the sidear)
(Note# -n u!coming Talmud excer!ts& we sometimes omit non'germane text and
%ootnotes. (mission o% text is indicated by an elli!sis )*+. To see the %ull text and %ootnotes&
%ollow the hot lin, at the end o% the excer!t )see =<ndnotes= %or actual >R7+. -t is our
!leasure to ma,e a.ailable on line a number o% Talmud tractates& so that you can see the
excer!t in %ull context. We indicate un!rintable /ebrew characters& words& and !hrases with
the symbol @HA))
Testing Rags
!ecause it is an offense to have marital relations during menstruation# and ecause a
woman cannot know with certainty when menstruation has started# she must insert rags into
her vagina efore intercourse to test for menstrual fluids)
MISHNAH. 36 32 6"< '$269M 9F 6"< C*$A"6<02 9F 320*<L @"<7 "*L37A M*036*L
376<0'9$02< 69 $2< 6@9 6<2637A%0*A2# 97< F90 6"< M*7 *7C 6"< 96"<0 F90
"<02<LF# *7C L306$9$2 @9M<7 ,0<,*0< *L29 * 6"30C 0*A @"<0<18 69 M*&<
6"<M2<LL<2 F36 F90 M*036*L C$68. 3F * L<263A< 9F 1L99C 32 F9$7C 97 "32 0*A 6"<8
*0< 196" $7'L<*7 *7C *0< *L29 $7C<0 6"< 91L3A*6397 9F 1037A37A * 2*'03F3'<. 3F
*78 1L99C 32 F9$7C 97 "<0 0*A 3MM<C3*6<L8 *F6<0 6"<30 376<0'9$02< 6"<8 *0<
196" $7'L<*7 *7C *0< *L29 $7C<0 6"< 91L3A*6397 9F 1037A37A * 2*'03F3'<. 3F#
"9@<L<0# 4
!aylonian Talmud# Tractate 'iddah 1*a
,oncino 1%C1 (dition# page %6
Punishment
'ote in the aove Mishnah# 'iddah 1*a# husand and wife are reJuired to ring a
sacrifice if they have intercourse during niddah) However# there is also provision to inflict
the death penalty# presumaly if the transgression was delierate)
MISHNAH. 6"<0< *0< 37 6"< 690*" 6"3068%23D =60*72A0<223972 @"3'" *0<
,$732"*1L< @36"> <D637'6397F
(. @"<7 97< "*2 376<0'9$02< @36" "32 M96"<0#
4
(J. 90 @36" * M<7260$9$2 @9M*7?
!aylonian Talmud# Tractate Berithoth 6
,oncino 1%C1 (dition# page 1 (0)
0on8t +orget 0e)ressions and +olds
!ecause infractions of the 'iddah laws can lead to conseJuences# a +ewish woman uses
great care not to miss the onset of her menstruation) While using testing rags# she should
push them into the depressions and folds of her vagina)
GEMARA. 4 *7C 3F * @9M*7 $2<2 6<2637A%0*A2 @"<7 2"< "*2 M*036*L 376<0'9$02<
etc. 0ab Judah citing 2amuel ruledF * testing%rag used before marital intercourse does not
reduce =the doubtful !eriod of retros!ective uncleanness> as an examination. @hat is the
reasonM 0. &attina re!liedF 1ecause the woman is in a hurry to do her marital duty. 1ut what
matters it even if she is in a hurry to do her marital dutyM 2ince she is in a hurry to do it she
does not insert the testing%rag into de!ressions and folds.
!aylonian Talmud# Tractate 'iddah ;a4;
,oncino 1%C1 (dition# pages 6C460
2ou8re under Arrest
The ,ages arrested those who violated the niddah laws) The following account involves
a woman who miscarried) The ,age ,amuel e/amined the foetus and found it to e *1 days
old) This enaled him to calculate that the couple had conceived the child during the
woman3s niddah period# and so the ,age had the husand arrested)
GEMARA 4 1ut is it not a fact that when a certain sac was submitted to the Master 2amuel he
said# '6his is forty%one days old'# but on calculating the time since the woman had gone to
!erform her ritual immersion until that day and finding that there were no more than forty days
he declared# '6his man must have had marital intercourse during her menstrual !eriod' and
having been arrested he confessedM 2amuel was different from other !eo!le because his
knowledge was exce!tional.
!aylonian Talmud# Tractate 'iddah 6;
,oncino 1%C1 (dition# page 10*
,omehow ,amuel knew the date of the wife3s last mitweh (as aove# the ritual ath a
woman takes on the completion of her menstruation) and compared that with the developed
age of the foetus) How did the ,age know her last Mitweh was *7 days in the pastI We are
not told)
%eigh.orhood /at'h
The +ews of the Talmud report each other to the authorities for 'iddah violations# or
suspected 'iddah violations) 9n the first e/cerpt from Tractate Bethuoth# we learn that a
man is flogged ecause neighors report he had se/ual intercourse with his wife when she
was niddah)
GEMARA. 4 3f a woman was known -(;. among her neighbours to be a menstruant her
husband -((. is flogged on her account for =having intercourse with> a menstruant. -(:.
,oncino 1%C1 (dition# page **%
"ev) -r) 9srael W) ,lotki amplifies the te/t with footnotes:
(;. 1y her habit or the like.
((. 3f he had intercourse with her after he had been duly cautioned.
(:. &id. +;a. 9ur Mishnah would thus refer to a case where the neighbours informed the
husband of the facts after the event.
"ev) -r) ,lotki
The reader might wonder how the neighors know the wife is menstruating) "ev) -r)
,lotki refers us to Biddushin &7a for an e/planation (see his footnote 16)) Here is the
relevant passage from Biddushin &7a:
GEMARA. 4 For 0. "iyya b. *bba said in 0. Johanan's nameF @e flagellate on the strength of
!resum!tion# we stone and burn on the strength if !resum!tion# but we do not burn terumah on
the strength of !resum!tion. @e flagellate on the strength of !resum!tion# as 0ab Judah. For
0ab Judah saidF 3f a woman is !resumed a niddah by her neighbours# her husband is flagellated
on her account as a niddah. -(.
!aylonian Talmud# Tractate Biddushin &7a
Biddushin translator "ai -r) H) =reedman amplifies the te/t with this footnote:
(. L. Alos. 3f he cohabits with her# though there are no actual witnesses of her
menstruation.
"ai -r) =reedman
The answer is# then# that the neighors are not certain the wife is menstruating: They
presume she is# report the couple# and on the strength of this report# the husand is flogged)
Ra..is Judge Vaginal 0is'harges
=or most of us# the concept of our clergymen taking an interest in the color of our
menstrual lood is foreign# ut rais make rulings on the colors of menstrual lood:
MISHNAH. F3L< &37C2 9F 1L99C 37 * @9M*7 *0< $7'L<*7F 0<C# 1L*'&# * '9L9$0 L3&<
103A"6 '09'$2# 90 L3&< <*06"8 @*6<0 90 L3&< C3L$6<C @37<. 1<6" 2"*MM*3 0$L<CF
*L29 * '9L9$0 L3&< 6"*6 9F F<7$A0<<& @*6<0 90 6"< J$3'< 9F 09*26<C M<*6? 1$6
1<6" "3LL<L C<'L*0< 6"<2< 'L<*7. 97< 6"*6 32 8<LL9@# *&*13* 1. M*"*L*L<L
C<'L*0<2 $7'L<*7 *7C 6"< 2*A<2 C<'L*0< 'L<*7. 0. M<30 2*3CF <L<7 3F 36 C9<2 796
'97L<8 $7'L<*77<22 *2 * 1L99C26*37 36 '97L<82 $7'L<*77<22 *2 * L3P$3C. 0. J92<
0$L<CF 36 C9<2 7<36"<0 6"< 97< 790 6"< 96"<0.

@"*6 '9L9$0 32 0<A*0C<C *2 '0<C'M 97< L3&< 6"< 1L99C 9F * @9$7C. '1L*'&'M L3&<
6"< 2<C3M<76 9F 37&? 3F 36 32 C*0&<0 36 32 $7'L<*7 *7C 3F L3A"6<0 36 32 'L<*7. '103A"6
'09'$2 '9L9$0'M L3&< 6"< 103A"6<26 2"*C< 37 36. '* '9L9$0 L3&< <*06"8 @*6<0'M
<*06" F09M 6"< L*LL<8 9F 1<6" &<0<M 9L<0 @"3'" @*6<0 32 M*C< 69 FL9*6. '97<
L3&< C3L$6<C @37<'M 6@9 ,*062 9F @*6<0 *7C 97< 9F @37< 9F 6"< @37< 9F 2"*097.
!aylonian Talmud# Tractate 'iddah 1%a
,oncino 1%C1 (dition# pages 16G416*
9n the following incident# a $harisee High $riest stops to talk to a ,adducee) !y accident#
some spittle from the ,adducee3s mouth falls onto the High $riest) The High $riest is
frightened that he had een defiled perhaps the ,adducee has had se/ual intercourse with
his menstruous wife) 5n his return home# the High $riest3s wife points out to him that the
,adducee wives shows their menstrual lood to the $harisee ,ages)
GEMARA. 4 9ur 0abbis taughtF 3t once ha!!ened that a 2adducee was conversing with a
"igh ,riest in the market !lace when some s!ittle was suirted from his mouth and fell on the
clothes of the "igh ,riest. 6he face of the "igh ,riest turned yellow and he hurried to his wife
who assured him that although they were wives of 2adducees they !aid homage to the
,harisees and showed their blood to the 2ages. 0. Jose observedF @e know them better than
anybody else =and can testify> that they show their menstrual blood to the 2ages. 6here was
only one exce!tion# a woman who lived in our neighborhood who did not show her blood to the
2ages but she died.
!aylonian Talmud# Tractate 'iddah GG
,oncino 1%C1 (dition# pages 6GG46G*
The ,ages also consider the possiility of menstrual lood found shortly after se/ual
intercourse# causing oth spouses to e classified retroactively as unclean) They also
consider lood on the testing4rag that might the result of a louse ite or a louse crushed y
the husand3s penis (?attendant?) during se/ual intercourse) This passage (from 'iddah 1*a)
is attached in the 2ppendi/: 'iddah 1*a (/cerpt)
Menstruation +rightens Sna1es
Talmud passages suggest that the rainic horror of menstrual fluids is not merely
religious# ut genuine and visceral) =or e/ample# in the following from the Tractate
,haath# the possiility is considered of a woman attempting to drive away a snake) The
ultimate weapon# according to the ,ages# is for the woman to tell the snake# ?9 am
menstruous)? ('ote that in the following# the translator uses the word ?cohait? to denote
se/ual intercourse) @1;A)
GEMARA. 4 3f a woman sees a snake and does not know whether it has turned its attention to
her or not# let her remove her garments and throw them in front of it? if it winds itself around
them# its mind is u!on her? if not# its mind is not u!on her. @hat can she doM 2he should cohabit
=with her husband> in front of it. 9thers say# 6hat will even strengthen its instincts. 0ather she
should take some of her hair and nails and throw them at it and say# '3 am menstruous'.
!aylonian Talmud# Tractate ,haath 117a
,oncino 1%C1 (dition# page ;G;
2ttriuting their own attitudes to the snake# the rais elieve it would e repulsed y a
niddah) !ut what threat does the snake offer the womanI 5f course# a venomous snake
might ite the woman# ut the rais3 e/planation continues in the following paragraph)
GEMARA. 4 3f a snake enters a woman# let her s!read her legs and !lace them on two barrels?
fat meat must be brought and cast on the burning coals? a basket of cress must be brought
together with fragrant wine and !laced there# and be well beaten together. 6hey should take a
!air of tongs in their hand# for when it smells the fragrance it will come out# so that it can be
sei5ed and burnt in the fire# as otherwise it will re%enter.
!aylonian Talmud# Tractate ,haath 117a
,oncino 1%C1 (dition# page ;GC
The danger# apparently# is that the snake will crawl up the woman3s vagina and take up
lodging)

Jung once wrote that "a full understanding of the Jewish origins of !sychoanalysis would carry
us beyond Jewish 9rthodoxy into the subterranean workings of "asidism and then into the
intricacies of the &abbalah which still remain unex!lored !sychologically." For more discussion
and references on Freud's doctrines and their relation to 9rthodox Judaism# see
htt!FNNwww.newkabbalah.comNJungG.html cached at htt!FNNwww.come%and%
hear.comNeditorNfreuds%gold%mine
*ow to 3x)lain(
"ai -r) (pstein# editor of the ,oncino Talmud# offers two theories for these interesting
laws) The first is the hygiene theory:
Araver in its conseuence and in full force to the !resent day is the law of 7iddah. 6he reasons
for the 7iddah ordinances are many and varied. 6hey !romote sexual hygiene# !hysical health#
marital continence# res!ect for womanhood# consecration of married life# and family ha!!iness.
"ai -r) (pstein (6)
"ai -r) (pstein wrote those words in 1%*0) 'ote that he says# ?D in full force to the
present day is the law of 'iddah)?
Pra'ti'al So'ial 3x)lanation o" the %iddah #aws
.et us consider "ai -r) (pstein3s points)
0ygiene: Menstruation is not a communicale disease) 'o one in medical history
has een infected with it y contact with a carrier) Menstrual discharges are far less
septic than e/cretory discharges# ut we do not have entire tractates devoted to
urination and defecation)
1ommercial sanitary napkins have een availale since the 1%673s) The Bimerly4
1lark 1orporation3s we e/hiit displays some early vintage ads for Bote/) (G) !y
that time# of course# many women of the industriali:ed world lived with indoor
running water) Western literature indicates that maintaining feminine daintiness
during menstruation has never een an overwhelming cultural prolem)
1arital -ontinence: "ecall "ai -r) (pstein states that ?'iddah ordinances D
promote D marital continence? as though it were a virtue# ut does not e/plain why
astaining from se/ual relations in married life is virtuous or desirale)
Respect !or 2oman+ood: "ai -r) (pstein states that ?'iddah ordinances D
promote D respect for womanhood)? "ecall that according to the niddah laws# the
woman is unclean for aout two weeks of every month# and during that time she
contaminates defiles everyone and everything she touches) <nder ordinary
circumstances# we would e/pect that would e a little hard on the self4esteem) !ut
"ai -r) (pstein does not e/plain how this degrading designation could promote
respect for womanhood and we are left pu::led)
Religious 3x)lanation o" %iddah #aws
'ow "ai -r) (pstein gives another reason why niddah laws are seemly)
1ut over and above these weighty reasons# they concern the very being of the soul of the Jew.
6hey safeguard the !urity of the Jewish soul# without which no true religious moral and s!iritual
life individual or cor!orate as Judaism conceives it# is attainable.
"ai (pstein (6)
To most 2mericans# it seems e/traordinary that menstruation could affect the soul of an
entire peopleE menstruation is simply a fact of iology# much as saliva is a fact of iology)
+ust prior to making the aove statement# "ai -r) (pstein elucidates his reasoning)
Here are the maHor points# ut it ehooves the reader to study the original te/t)
='oncerning Jewish religious teachers#> fundamental to their view of life is the close relationshi!
of body and soul# so that what affects the one affects the other 4 From this conce!tion it follows
that the soul is affected by the uncleanness of the body 4 3n general# bodily uncleanness has a
contaminating influence on the soul# disualifying the !erson thus affected from a!!roaching the
sanctuary of Aod.
"ai (pstein (6)
"ai -r) (pstein offers us a tautology: the menstruating woman is ?unclean? ecause
.5"- >od (who created menstruation) considers menstruation unclean# and doesn3t want a
niddah around His sanctuary)
!ut even so# we can all agree that the !ill of "ights of the <nited ,tates of 2merica
guarantees the freedom of religion) (very religion emraces eliefs that seem strange or
even i:arre to those outside the circle of elievers) +udaism# too# has its uniJue aspects) .et
us put into practice the ideal of the 1hief "ai of the !ritish 1ommonwealth# "ai
$rofessor +onathan ,acks: .et us e open4minded and learn aout each others3 religions) (,ee
What We3re 2out)) 2fter all# the menstruation laws are Hust a +ewish thing# rightI
!ut wait) There is a reason we should all take this personally) 9t is possile that those
laws may e applied to all 2mericans in the near future)

America Is Rapidly Becoming Talmudized
9n 1%%1# the <, 1ongress declared the Talmudic 'oahide .aws to e the asis ?upon which our
great 'ation was founded? (see 2merica3s 'ew >overnment 1hurch)) <nder 'oahide .aw
regulations# idolaters (which includes 1hristians y definition) are put to death)

9n 1%%%# the ,upreme 1ourt agreed to consider an amicus rief ased wholly on Talmudic law
(see ,entence and (/ecution))

9n 'ovemer 6776# the 2merican 5rthodo/ +ewish community held a kosher dinner in the
,upreme 1ourt uilding to celerate the estalishment of the 'ational 9nstitute for +udaic .aw)
(C) The dinner was attended y 677 people# including three ,upreme 1ourt +ustices) The purpose
of the 9nstitute is to introduce Talmudic laws into the <, legal system and law schools)

9t is thus the clear civic duty of every 2merican to ecome intimately acJuainted with the
Talmud) "ead articles at:
2merica3s 'ew >overnment 1hurch: http:LLwww)come4and4hear)comLeditorLamericaM1)html
-eath $enalty: http:LLwww)come4and4hear)comLeditorLcapunishM1)html
Bosher -inner: http:LLwww)come4and4hear)comLeditorLcp4Hp41147%46776 and http:LLwww)come4
and4hear)comLeditorLcp4Hw47147&47G

*a))y-+a'e Cam)aign
There is a campaign afoot to put a happy face on the law of 'iddah and promote it to
non4Talmudic women) "ai ,hmuley !oteach# an 5rthodo/ Hasidic and disciple of the late
"ai Menachem Mendel ,chneerson# the ?"ee? of 1haad .uavatich is such a
promoter) 9n his ook# 5osher Sex# "ai !oteach speaks glowingly of the Talmudic
prohiition of married se/ for two weeks every month) He states that the !ile did mankind
a favor y inventing a way to improve a marriage) =or two weeks# the couple avoids
?monotony? in their marriage y oserving astinence)
"ai !oteach omits the harsh rhetoric of a woman3s ?uncleanness? and her defilement
of ?every oHect with which she comes in contactE? he omits mention of the testing rags
pushed into the vaginaE and he omits the rainical Hudgment aout the colors of menstrual
lood) He also omits mention of possile arrest and death penalty for violation surely
something that would spice up anyone3s se/ life)
9nstead# "ai !oteach tells his readers:
@hile husband and wife are !ermitted to indulge in sex for two weeks# they will forge dee!
emotional bonds. 6hey unite !hysically and feel close emotionally. 6heir !assionate !hysical life
dee!ens their emotion and feeling for each other.

@hen the woman's menses begin# their two weeks are u! /ust before monotony sets in. 6hey
must se!arate for the five days of menstruation and for seven days thereafter and maintain a
strict !eriod of sexual abstinence.

4 Many women have an innate aversion to sex during menstruation 4

*s the days !ass and they begin to hunger for each other# they don't immediately follow their
instincts and grab each other. 0ather# they allow their non!hysical communication to build u!
into an intense longing. 6heir libidinous reserve re!lenishes itself until# twelve days after they
have se!arated# their love for each other reaches its crescendo# when their inner fire and
!assion# which have been escalating# lea! out like the eru!tion of a volcano# and they united
together in fiery !hysical bliss.
"ai !oteach (&)
9n another of "ai !oteach3s ooks# udaism %or <.eryone# "ai !oteach writes:
=6his book> is my attem!t to offer traditional Judaism to a modern Jewish and non%Jewish
audience in a rational# intelligible# and ins!iring light.
"ai !oteach (%)
What a pity "ai !oteach gives such scanty information aout the niddah laws) His
treatment of the 'iddah laws does not meet The "udin ,tandard) (17) $erhaps "ai
!oteach is concerned that a non45rthodo/ readership would e uncomfortale with the nitty
gritty of niddah) 5n the other hand# how can we ever achieve understanding etween people
of different faiths if we are not open and trusting with each otherI
%iddah and Blood Ritual
9n 2nimal ,acrifice and the Third Temple# we learned that after Temple priests kill the
sacrificial animal# the priests dismemer it# drain the lood# and dip their fingers in the lood
to smear and sprinkle it around the Temple) The priests sJuee:e the lood out of the animal3s
heart# wash the stomach and other organs# and wash the entrails three times) ,pecially uilt
channels that look like ?nostrils? drain the lood into neary streams) The Temple# then# and
the priests are awash with the lood of slaughter and death)
9n 1ircumcision# we learned that the man who performs the ritual sucks the lood of the
infant3s leeding penis with his mouth) That ritual# called me1i1ah# is practiced today# despite
the knowledge of +ewish leadership that it can and has spread fatal diseases)
!ut the lood of menses# which is passed without death# infliction of pain# or mutilation#
causes revulsion and restriction)
Visi.le and &n,isi.le Bur9as
The notorious bur$a# the head to toe face4and4ody hiding gown of 2fghanistan# has
ecome a symol of the suppression of women in 9slam)
.et us review the Talmud law of 'iddah: a woman is unclean for two weeks out of four#
contaminating everything and everyone she touches# foridden to her husand) When not
menstruating# she is using testing rags) 9f she and her husand violate the law# they are
suHect to arrest and punishment) When menstruation is complete# she must take a ritual
ath)
9f a woman took the Talmudic laws of menstruation seriously# it would e impossile for
her to have a career) 2 menstruating female doctor would contaminate every patient and
every instrument she touchedE a menstruating lawyer would contaminate everything she
handled in her law office: every chair# desk# telephone# law ook# or computer keyoard)
,ome Muslim women wear cloth bur$as& ut not all bur$as are made of cloth) >iven the
'iddah restrictions and regulations in the Talmud# it is only reasonale for 2merican men
and women to ask: -o we want to go thereI
Come and *ear
There are ;7% pages in Tractate 'iddah) (1&) "ead the laws of niddah in conte/t# and
research your own topics of interest y using the 1ome and HearK ,earch (ngine)
Thank you for your consideration of the aove#
Carol A. 6alentine# (ar at come4and4hear dot com
+uly 1*# 677G ( This article is on line at http:LLwww)come4and4
hear)comLeditorLamericaMG)html )
htt!FNNwww.come%and%hear.comNeditorNamericaS:.htmlTn(

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