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EXODUS — 21:10 conjugal

EXOD534 The Jewish tradition sees two primary purposes for sex within marriage, as evidenced by the two commands in the Torah to engage in sExodus One appears in Exodus 21, where the Torah says, at least as the Talmud understood it, that a man taking a woman in marriage may not deprive her of "her food, clothing, or conjugal rights" [this verse]. The other appears in the very first chapter of Genesis, in which God tells the first man and woman to "be fruitful and multiply and fill the earth." Genesis 1:28 Thus companionship and procreation are the two divinely ordained purposes of sex within marriage. Moreover, these are independent commandments. Thus before, during, and after the years that a couple plans to have children, the duty to have conjugal relations for the sake of companionship continues. God's desire, according to the Torah and the Talmud is that people should, if at all possible, live in marital partnership, regardless of their ability to procreate. [B. Yevamot 61b, where Rabbi Nahman, quoting Genesis 2:18, assets that "although a man may have many children, he must not remain without a wife, for the Torah says, 'It is not good that a man should be alone.'" Later Jewish law codes take this as authoritative law; see M.T. Laws of Marriage 15:16; Laws of Forbidden Intercourse 21:26; and S.A. Even Ha'ezer 1:8].

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EXODUS — 21:17 insults

EXOD564 … if one actually curses one's parents, the Torah decrees nothing less than the death penalty [this verse].Even if one did not go quite that far,… it is wrong to insult one's parents. Thus verbal abuse of parents, aside from sharing in the more general prohibition of oppressive speech [ona'at devarim], involves the added violations of the positive commandment to respect our parents and the prohibition of cursing them.

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EXODUS — 34:6 compassionate

EXOD1022 Even in cases in which the person does not complete the process of teshuvah, though, it is not always easy to identify a proper response to the perpetrator, for just as Judaism values justice, so too it values compassion and mercy. This flies in the face of many Christian stereotypes of Judaism, which see Judaism as a religion of law and Christianity as a religion of love. Neither is exclusively true. Christianity speaks much of God's love, but also values justice. Conversely, Judaism places great emphasis on justice and law, but only because it understands love to be most effectively expressed in families and societies where there are good laws. Even so, sometimes the requirements of law must be set aside in an act of mercy. Thus on the Day of Atonement we Jews ask God Himself to move from his seat of justice to his seat of mercy in judging us, and since God is our paradigm, we too must manifest such compassion. The Rabbis said this explicitly: "To walk in His ways" (Deuteronomy 11:22). These are the ways of the Holy One: [This verse]. "This means that just as God is gracious and compassionate, you too must be gracious and compassionate."

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LEVITICUS — 5:1 testify

LEV39 The law of the pursuer demonstrates, however, exactly how far Jewish law was willing to go to stop attacks. And if it justifies even homicide to prevent an assault, it certainly expects third parties to intervene in less violent ways to protect victims from further abuse. That includes reporting cases of abuse to legal authorities. This is not only required as part of the effort to save lives but is also specifically demanded in the Torah according to the Talmud's interpretation of the Torah's verses cited at the beginning of this section." One may not stand idly by the blood of one's neighbor" demands coming forward to help someone who is being attacked (Leviticus 19:16.) The new translation of The Jewish Publication Society reads, "Do not profit by the blood of your fellow." The meaning of this phrase is uncertain. As the note to the verse says, the new translation interprets the verse in the context of the civil legislation in the verse immediately before it. The rabbinic tradition, however, interpreted and applied Leviticus 19:16 to establish a positive obligation to come to the aid of those in danger; see M. Sanhedrin 8:7 and B. Sanhedrin 73a). One who has information to report and fails to do so also violates [this verse] "If he does not come forth with his information, then he shall be subject to punishment" (M.T. Laws of Testimony 1:1). While in monetary affairs, the witness may wait until summoned, in other matters, such as abuse, the witness must come forward voluntarily to "destroy the evil from your midst" (Kesef Mishneh to M.T. Laws of Testimony 1:1 and Rosh to Mikkot, chap. 1. #11. "Destroy the evil from your midst" occurs a number of times in the Torah as a general purpose of the law: Deuteronomy 13:6, 17:7, 19:19, 21:21, 22:21, 24:7; See also 17:12 and 22:22). For that matter, even suspicions of abuse must be reported to the authorities, for Jewish law maintains that Jewish law, including the law against defamation, must be violated even when the threat to someone's life is not certain (safek nefashot) (M. Yoma 8:6; B. Yoma 83a; M.T. Laws of the Sabbath 2:1; and S.A. Orah Hayyim 328:10). The positive duty to inform authorities applies to witnesses of abuse by a spouse, a parent, a teacher, or anyone else. Witnesses to spousal abuse or to its results may understandably feel reticent to interfere in what might be construed as a couple's private affairs, especially since raising the issue may cause one to lose a friend, particularly if the abused party refuses to acknowledge the abuse and becomes defensive. Even if the abused spouse admits the abuse to a friend, neither the abused party nor the witness may want to expose the family to the humiliation involved in making the abuse public, preferring instead to deal with it within the family. That, however, almost never works; if there is any chance that the marriage can and should be saved, it will have to be with outside, professional help. More often the abused party needs help in extricating herself (usually) from the marriage altogether. Thus for all their understandable hesitation, witnesses to spousal abuse must inform the authorities, for failing to do that exposes the abused party to the risk of further maiming and even death. Defamation of the abuser will probably occur, but that concern is definitely superseded in Jewish law by the need to save the physical integrity and the very life of the victim. The same is true for child abuse.… Similarly, witnesses to child abuse perpetrated by teachers, counselors, or youth group leaders must report even suspicions of such abuse to the authorities.

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LEVITICUS — 18:6 nakedness

LEV230 Sexual violation, however, is objectionable on other grounds as well. First, it represents the exact opposite of the holiness that we are to aspire to achieve. Thus, in regard to sexual abuse of family members, the Torah states unequivocably, [this verse]. After a long list of such forbidden relationships, it then states that such were the abhorrent practices of the nations that occupy the Promised Land before the Israelites. The land thus became defiled and is now spewing them out – almost as if the land had an allergic reaction to toxic food. The Israelites themselves may remain in the Holy Land only if they eshew such practices and act as a holy people. Furthermore, [Leviticus 18:29–30]. Part of what it means to be a People chosen by God as a model for others, then, is that Jews must not engage in incest or sexual abuse. To do so violates the standards by which a holy people covenanted to God should live and warrants excommunication from the People Israel. Jews are expected to behave better than that. Why does the Torah speak of incest and sexual abuse as "defilement" and "abomination" in addition to its usual language of transgression? In part, it is because the Promised Land was itself seen as alive and violated by such conduct, but surely the words refer to the human beings involved too. One's bodily integrity is compromised when one is sexually abused. Sexual abuse is experienced not only as an assault on one's body but also--and usually more devastatingly – as an onslaught on one's person. One has lost one's integrity -- not only in body but in soul. One no longer feel safe in the world; at any moment, one can be invaded in the most intimate of ways. The abuse is thus indeed a defilement: What was sacred and holy before is now desecrated and broken.

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