When People Defend The Jews
When people defend the Jews and want people to stop
warning others of our people as to their evil intent toward our people
and what they have done in the past. The following is what they are defending:
Sanhedrin, 55b-55a: "What is meant by this? - Rab said: Pederasty
with a child below nine years of age is not deemed as pederasty with a
child above that. Samuel said: Pederasty with a child below three years
is not treated as with a child above that (2) What is the basis of their
dispute? Rab maintains that only he who is able to engage in sexual intercourse,
may, as the passive subject of pederasty throw guilty (upon the actual
offender); whilst he who is unable to engage in sexual intercourse cannot
be a passive subject of pederasty (in that respect) (3). But Samuel maintains:
Scriptures writes, (And thou shalt not lie with mankind) as with the lyings
of a woman (4). It has been taught in accordance with Rab: Pederasty at
the age of nine years and a day; (55a) (he) who commits bestiality, whether
naturally or unnaturally: or a woman who causes herself to be beastally
abused, whether naturally or unnaturally, is liable to punishment (5)."
"(1) The reference is to the passive subject of sodomy. As stated
in supra 54a, guilt is incurred by the active participant even if the former
be a minor; i.e., less than thirteen years old. Now, however, it is stated
that within this age a distinction is drawn. (2) Rab makes
nine years the minimum; but if one committed sodomy with a child of lesser
age, no guilt is incurred. Samuel makes three the minimum.
(3) At nine years a male attains sexual matureness.
(4) Lev XVIII, 22
(5) Rashi reads ("xxx") (Hebrew characters, Ed.) instead of ("zzz")
(Hebrew characters, Ed.) in our printed texts. A male, aged nine years
and a day, who commits etc.
There are thus three distinct clauses in this Baraitha. The first-a
male aged nine years and a day - refers to the passive subject of pederasty,
the punishment being incurred by the adult offender. This must be its meaning:
because firstly, the active offender is never explicitly designated as
a male, it being understood, just as the Bible states, Thou shalt not lie
with mankind, where only the sex of the passive participant is mentioned;
and secondly, if the age reference is to the active party, the guilt being
incurred by the passive adult party, why single out pederasty: in all crimes
of incest, the passive adult does not incur guilt unless the other party
is at least nine years and a day?
Hence the Baraitha supports Rab's contention that nine years
(and a day) is the minimum age of the passive partner for the adult to
Sanhedrin, 55b: "A Maiden three years and a day may be acquired
in marriage by coition (Sexual Intercourse), and if her deceased husband's
brother cohabits with her, she becomes his. The penalty of adultery may
be incurred through her; (if a niddah) she defiles him who has connection
with her, so that he in turn defiles that upon which he lies, as a garment
which has lain upon (a person afflicted with gonorrhea)."
"(2) His wife derives no pleasure from this, and hence there is
(3) A variant reading of this passage is: Is there anything permitted
to a Jew which is forbidden to a heathen. Unnatural connection is permitted
to a Jew.
(4) By taking the two in conjunction, the latter as illustrating
the former, we learn that the guilt of violating the injunction 'to his
wife but not to his neighbor's wife' is incurred only for natural but not
for unnatural intercourse."
Sanhedrin, 69a: "'A man'; from this I know the law only with respect
to a man: whence do I know it of one aged nine years and a day who is capable
of intercourse? From the verse, And 'if a man'? (2)-He replied: such a
minor can produce semen, but cannot beget therewith; for it is like the
seed of cereals less than a third grown (3)."
(2) 'And' (') indicates an extension of the law, and is here interpreted
to include a minor aged nine years and a day.
(3) Such cereals contain seed, which if sown, however, will not
Sanhedrin, 69b: "Our rabbis taught: If a woman sported lewdly
with her young son (a minor), and he committed the first stage of cohabitation
with her, -Beth Shammai say, he thereby renders her unfit for the priesthood
(1). Beth Hillel declare her fit...All agree that the connection of a boy
nine years and a day is a real connection; whilst that of one less than
eight years is not (2); their dispute refers only to one who is eight years
(1) i.e., she becomes a harlot whom a priest may not marry (Lev
(2) so that if he was nine years and a day or more, Beth Hillel
agree that she is invalidated from the priesthood; whilst if he was less
than eight, Beth Shammai agree that she is not."
Kethuboth, 5b: "The question was asked: Is it allowed (15) to
perform the first marital act on the Sabbath? (16). Is the blood (in the
womb) stored up (17), or is it the result of a wound? (18).
"(15) Lit., 'how is it'?
(16) When the intercourse could not take place before the Sabbath
(17) And the intercourse would be allowed, since the blood flows
out of its own accord, no would having been made.
(18) Lit., or is it wounded? And the intercourse would be forbidden."
Kethuboth, 10a-10b: "Someone came before Rabban Gamaliel the son
of Rabbi (and) said to him, 'my master I have had intercourse (with my
newly wedded wife) and I have not found any blood (7). She (the wife) to
him, 'My master, I am still a virgin'. He (then) said to them;
Bring me two handmaids, one (who is) a virgin and one who had
intercourse with a man. They brought to him (two such handmaids), and he
placed them on a cask of wine. (In the case of) the one who was no more
a virgin its smell (1) went through (2), (in the case of) the virgin the
smell did not go through (3). He (then) placed this one (the young wife)
also (on the cask of wine), and its smell (4) did not go through. He (then)
said to him: Go, be happy with thy bargain (7). But he should have examined
her from the beginning (8)."
"(1) i.e., the smell of wine.
(2) One could smell the wine from the mouth (Rashi).
(3) One could not smell the wine from the mouth.
(4) i.e., the smell of wine.
(5) Rabban Gamaliel
(6) To the husband.
(7) The test showed that the wife was a virgin.
(8) Why did he first have to experiment with the two handmaids."
Kethuboth, 11a-11b: "Rabba said, It means (5) this: WHEN A GROWN
UP MAN HAS INTERCOURSE WITH A LITTLE GIRL IT IS NOTHING, FOR WHEN THE GIRL
IS LESS THAN THIS (6), IT IS AS IF ONE PUTS THE FINGER IN THE EYE (7),
BUT WHEN A SMALL BOY HAS INTERCOURSE WITH A GROWN UP WOMAN, HE MAKES HER
AS A GIRL WHO IS INJURED BY A PIECE OF WOOD.'"
"(5). Lit., 'says.'
(6) Lit., 'here,' that is, less than three years old.
(7) Tears come to the eyes again and again, so does virginity
come back to the little girl under three years."
Kethuboth, 11a-11b: "Rab Judah said that Rab said: A SMALL BOY
WHO HAS INTERCOURSE WITH A GROWN UP WOMAN MAKES HER (as though she
were ) INJURED BY A PIECE OF WOOD (1). Although the intercourse of a small
boy is not regarded as a sexual act, nevertheless the woman is injured
by it as by a piece of wood."
"(1) Although the intercourse of a small boy is not regarded as
a sexual act, nevertheless the woman is injured by it as by a piece of
Hayorath, 4a: "We learnt: (The law concerning the menstruan occurs
in the Torah but if a man has intercourse with a woman that a waits a day
corresponding to a day he is exempt. But why? Surely (the law concerning)
a woman that awaits a day corresponding to a day is mentioned in the Scriptures:
He hath made naked her fountain. But, surely it is written, (1)- They might
rule that in the natural way even the first stage of contact is forbidden;
and in an unnatural way, however, is (that the ruling might have been permitted)
(3) even in the natural way (4) alleging (that the prohibition of) the
first stage (5) has reference to a menstruant woman only (6). And if you
prefer I might say: The ruling may have been that a woman is not regarded
as a zabah (7) except during the daytime because it is written, all the
days of her issue (8)."
"(13) Lev. XV, 28.
(14) Cf. supra p. 17, n. 10. Since she is thus Biblically considered
unclean how could a court rule that one having intercourse with her is
(15) Lev XX, 18.
(1) Ibid. 13. The plural "xxxx" (Hebrew characters, Ed.) implies
natural, and unnatural intercourse.
(2) Why then was the case of 'a woman who awaits a day corresponding
to a day' given as an illustration when the case of a menstruant, already
mentioned, would apply the same illustration.
(3) The first stage of contact.
(4) In the case of one 'who awaits a day corresponding to a day';
only consummation of coition being forbidden in her case.
(5) Cf. Lev XX, 18.
(6) Thus permitting a forbidden act which the Sadducees do not
(7) A woman who has an issue of blood not in the time of her
menstruation, and is subject to certain laws of uncleanness and purification
(Lev XV, 25ff).
(8) Lev XV, 26. Emphasis being laid on days."
Abodah Zarah, 36b-37a: R. Na"ham b. Isaac said: They decreed in
connection with a heathen child that it would cause defilement by seminal
emission (2) so that an Israelite child should not become accustomed to
commit pederasty with it...From what age does a heathen child cause defilement
by seminal emission? From the age of nine years and one day. (37a) for
inasmuch as he is then capable of the sexual act he likewise defiles by
emission. Rabina said: It 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 capable of the sexual act she likewise defiles
by a flux.
(2). Even through he suffered from no issue.