EXOD440 ... the practice of capital punishment survives. The frontline in the fight against the death penalty is now focused on whether there is a constitutional manner of execution. We have come to realize that there is no nice way to kill someone. For now, lethal injection is legally acceptable, but even challenges to that practice continue. This leads us back to the basic question: Should the death penalty be abolished? Generally, I would say yes. But I hesitate. I sincerely believe that killing is wrong, and if it is wrong for the defendant, it is also wrong for the state. Yet, I am also honest enough to admit that there could be a case--something so heinous, so barbaric, and so unforgivable--that I would consider making an exception. The only example that comes to mind is that of a homicidal maniac like Adolf Eichmann. His butchery and evil was so colossal that Israel seems to have been justified in imposing the ultimate punishment upon him, the only time in the history of the State that it has done so. I wish I didn't have this exception in mind. I wish I could be the absolutist who says that I could never support the death penalty. I wish the Torah made it much easier on us with an absolute prohibition of, “You shall not murder.” (Exodus 20:13) but it doesn't. Instead, it provides that sometimes capital punishment is warranted. Why does it do this? Perhaps for the very reason that I leave open the possibility of the exception. Playing God isn't all we are doing when we decide whether or not to maintain the death penalty as a punishment in our society. We are also trying to decide how best to preserve human life overall. Exceptions to our opinions on this issue remind us that life and death matters are never easy. The law does not have answers to all of our questions. The important thing is that we keep struggling with this question: what kind of punishment will protect and preserve the overall sanctity of human life? (By Laurie L. Levenson, "Judaism and CriminalJustice".

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EXOD442 Hashem wants the world to function without any mixing of different species. Similarly, he wants every human being to know the identity of his father. What is more, if one does not know the identity of his father, he cannot be certain that he will avoid violating Torah prohibitions on forbidden relations, for he will not know which individuals are his relatives. He might marry someone who is forbidden to him. In addition, adultery is a type of theft. It also leads to murder--for the wronged husband his liable to kill the other man. These are just a few of the problems there are likely to result from adultery.

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EXOD441 Adultery and Other Betrayals. Of course, the prohibition against adultery is one of the Ten Commandments: “You shall not covet your neighbor’s wife” (Exodus 20:13,14; Deuteronomy 5:17,18). Then there are things that technically may not be adultery but are surely a betrayal of the “covenant” of marriage: a woman has phone sex or Internet sex with another man, for example, or a man is physical with another woman but without intercourse. From a strictly legal standpoint, these do not constitute adultery in Jewish law because there was no penetration involved. However, there is a verse of great significance, proclaimed by the last of the Hebrew prophets: “Because the Lord is a witness between you and the wife of your youth with whom you have broken faith, though she is your partner and your covenanted spouse” (Malachi 2:14). Betrayal is about more than what is included in the narrow definition of adultery. When two people enter into a covenant of marriage and pledge themselves to each other, they do not have in mind the narrow definition of adultery (i.e., penetration) as the only thing that will undermine their relationship. They are pledging themselves to a loving relationship that is both physically and emotionally monogamous. A long-term relationship between two unmarried people cannot technically involve adultery, for that legal category applies only to married couples. But such relationships can most definitely involve betrayal: the betrayal of the commitment partners have made to each other through their words and their actions. And such betrayal is roundly condemned by the Jewish tradition. Judaism demands that we make our commitments clear and then honor them. (By Uzi Weingarten)

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EXOD447 See [[LEV1016]] Leviticus 25:17 wrong DORFF-RUTTENBERGSEX 137-9

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EXOD448 The exact opposite of loving, marital companionship is adultery. Adultery is prohibited by the seventh of the Ten Commandments, and adultery and incest are together treated as one of the three prohibitions that, according to the Torah, a person is not to violate even on pain of losing one's life [Exodus 20:13 and Deuteronomy 5:17; B. Sanhedrin 74a] Indeed, the Torah prescribes the death penalty for both men and women involved in adultery [Leviticus 20:10 and Deuteronomy 22:22]; And if for some reason that punishment is not carried out, the Talmud maintains that a woman who committed adultery is forbidden to both her husband and her paramour; that is, she may not continue in her marriage and she may not marry her lover [S.A. Even Ha'ezer 11:1].Thus the Jewish tradition clearly forbade adultery in the strictest of terms.

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EXOD445 Masturbation to obtain sperm [for artificial insemination] is strongly condemned by Rabbi [Moshe] Feinstein, based upon the following Talmudic passage: "… Rabbi Eleazar stated: Who are referred to in the scriptural text "Your hands are full of blood" (Isaiah 1:15)? Those who commit masturbation with their hands. It was taught at the school of Rabbi Ishmael "That shalt not commit adultery" [this verse] implies that thou shalt not practice masturbation either with hand or with foot ...". (Niddah 13b).

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EXOD446 See [[LEV834]] Leviticus 20:10 ROSNER-BLEICH 128-9

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EXOD443 It was taught in the school of R. Yishmael: "You shall not commit adultery"-There shall be no adultery about you, both [masturbation] by hand or by foot (Niddah 13b)

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EXOD444 It was taught: Shimon b. Tarfon says: Whence is derived the exhortation against procuring for adultery [pimping]? From "lo tinaf" -- [similar to] "lo ta'anif" ["You shall not cause to commit adultery"] (Shevuoth 47b)

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EXOD449 … lies are an abomination to any sensible person. Furthermore, true testimony enables the world to run, so false testimony is a force of destruction.

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