LEV222 See [[LEV903]] Leviticus 22:32 name ROSNER-BLEICH 327

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LEV217 Jewish tradition understands the verse," You shall keep My laws and My rules, and you shall live by them…"(This verse; emphasis added) as meaning that Torah laws are binding only if observing them will not lead to our death (Yoma 85; [three exceptions: Murder, (Sanhedrin 74a, Pesachim 25b, Yoma 82b); Idol Worship (Sanhedrin 74a); and certain types of illicit sexual behavior, such as engaging in incest (Yoma 82)]. For example, observing the Sabbath, one of the Ten Commandments, is a cornerstone of biblical law. Nevertheless, when the situation arises in which adhering to Shabbat laws put someone's life at risk--for example, if a person has a life-threatening ailment and needs to be driven to the hospital (normally, Jewish while prohibits driving on the Sabbath)--these laws are suspended so that a sick person's needs can be met. As the Talmud rules: "The saving of life supersedes the Sabbath" (Shabbat 132a).

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LEV215 It was taught: R. Yochanan said in the name of R. Shimon b. Yehotzadak: It was put to a count and confirmed in the upper chamber of the house of Nitzah in Lod: In respect to all the transgressions in the Torah, except idolatry, illicit relations, and the spilling of blood, if one is told: Transgress or you will be killed, he is to transgress and not be killed. [Why so? "and he shall live in them" -- and not die through them] (Sanhedrin 74a)

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LEV216 It was taught: Whence is it derived that the preservation of life overrides the Sabbath? R. Yehudah said in the name of Shmuel: From: "And you shall heed My statutes and My judgments, which a man shall do, and he shall live in them" -- and not die through them (Yoma 85b)

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LEV220 Rava said (Exodus 20:5): "You shall not bow down to them, and you shall not serve them" -- All types of worship [voluntary and involuntary] were herein subsumed; and when the Torah specified: "and he shall live in them," but not die through them, involuntary worship [on pain of death] was excluded [from the command not to bow down, etc.]. But then it was written (Leviticus 22:32): "And do not desecrate My holy Name"-- even involuntarily! How is this to be understood? Here, in private; here, in public (i.e., in private, he does not incur the death penalty for not sanctifying the Name by giving his life; in public (i.e., where there are ten Jews looking on), he does incur the death penalty] (Avodah Zarah 54a)

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LEV228 Let us now speak about the transgressions of promiscuity, which also are of those offenses that [human nature finds more] desirable and are second only to theft in importance, as stated by the Sages of blessed memory (Bava Basra 165a): "The majority succumb to theft and a minority to promiscuity." One who desires to be completely cleansed of this sin will have to expend considerable effort, because its prohibition includes not only the actual physical act but anything that comes near to this as well. This is stated clearly [this verse]: "Do not approach to uncover nakedness." They of blessed memory have said (Shemos Rabbah 16:2): "The Holy One blessed be He said: 'Do not say, "Since I am forbidden to have intimate relations with a woman, I will [at least] hold her without incurring sin, I will embrace her without incurring sin, or I will kiss her without incurring sin,'" The Holy One Blessed be He said: 'Just like a nazir whose vow not to drink wine also forbids him to eat fresh or dried grapes, to drink grape juice, or to consume any derivatives of grapes, a man is likewise prohibited from touching any woman other than his wife.' And any person who touches a woman other than his wife brings death upon him.…" What an extraordinary statement this is, for this prohibition is compared to the vow of a nazir in which the primary prohibition relates only to the drinking of wine. Nonetheless, the Torah forbids him anything that is related to wine. By means of this the Torah instructs our Sages how to go about "making a fence" around the Torah by exercising the authority vested in them for safeguarding the Torah's safeguards; [and in this endeavor] they will learn from the [case of a] nazir that for the sake of the primary prohibition one may prohibit anything that is similar to it. What this means is that the Torah uses the mitzvah of nazir as the paradigm for what our Sages have been authorized to do with all the other mitzvos. This way we are instructed that this is the will of the Eternal [to erect fences around the Torah]. Consequently, when the Torah states any prohibition, the Sages will know how to proscribe what is not elucidated [in the Torah] on the basis of what has already been elucidated. And that way they will be able to prohibit anything similar to the [specific] prohibition. By applying this rule to the area of promiscuity, the Sages prohibited anything that is a form of adultery or that resembles that, regardless of the medium involved: physical contact, sight, speech, hearing, or even thought.

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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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LEV229 [This verse]. All physical closeness is forbidden, such as touching the hands of a married woman (although the verse says "close relatives," the prohibition includes a woman married to someone else (see Sifra 18:15 [146]). According to Rabbeinu Yonah, this prohibition is from the Torah, and not Rabbinic; see his Igeres HaTeshuvah 19, and Zeh Hasha'ar on paragraph 138.); "to uncover her nakedness" means to explain that such physical closeness leads to illicit relations.

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LEV231 From here the sages derived: Let a man not be alone with women in an inn -- even with his sister and with his daughter. And let him not walk and talk with a woman in the marketplace -- even with his wife -- because of what people might say (Avoth d'R. Nathan 2).

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LEV232 It is a negative commandment not to be in close contact with consanguineous relations, even without conjugal intimacy as Scripture says, None of you shall approach anyone near of kin to him, to uncover nakedness [this verse] -- which means, for example, embracing and kissing, these being things that lead to "the uncovering of nakedness" [immorality]. If someone violates this and embraces or kisses [a forbidden consanguineous relation] or enjoys physical proximity with her, he should be given whiplashes, and is to be suspected of immorality. It is forbidden to wink or signal or play with them, or to sniff the perfume on them, or gaze at their beauty. One should do nothing that leads to improper fantasy; and it is forbidden to produce a seminal emission, this being a very severe sin. If someone deliberately brings on an erection, he is in a state of excommunication. It is a religious commitment by the Sages to marry off one's sons and daughters close to their age of maturity; for if he lets them be, they will be led to immorality or improper fantasy. It is forbidden to marry a woman to a minor, for that is like immorality. A young man should not marry an old woman, nor should an old man marry a young girl, as that leads to immorality. It is forbidden to be in private with a consanguineous relation, and it is also forbidden to be alone with a single girl. If someone is alone with a woman with whom he is forbidden to be in private, both should be flogged with whiplashes of disobedience, and their misdeed should be proclaimed--except in the case of a married woman. Then no flogging is given and it is not proclaimed, although it is forbidden to be alone with her -- so as not to give rise to slander about her children [that perhaps they are illegitimate].

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