INTRODUCTION
A few weeks ago the chief
Sephardic Rabbi in Jerusalem issued a statement that homosexuals could not be
religious, and they should stop all forms of traditional Jewish
observance. A week or so before this
a government minister asserted that homosexuals should be required to undergo
therapy to change their sexual orientation. Not surprisingly, these comments triggered a firestorm of
responses from the homosexual community in Israel with calls for their
resignation from public office.
The government minister has since withdrawn his statement, but the chief
rabbi has not. The rabbi’s
assertion is based on the fact that according to Torah any kind of homosexual
activity demands the death of the participating individuals. I suppose that comments from the rabbi
and government minister were prompted by the flurry of “Gay” Pride marches that
have been and are being held in various major cities of Israel. That being the case, it seems worthwhile
to investigate what both the Hebrew Scriptures (k"nt)
and the Christian Scriptures (hvdj
tyrb) really have to say about homosexuality and its consequences within
a community.
THE DEATH PENALTY
The hvdj tyrb does
address the question of homosexuality on a few occasions, but it never commands
the community of believers to impose the death penalty on anyone for any
reason. The primary reason for
this fact is that at the time these books were written the authors did not
consider themselves as a substitute for any kind of civil government. In
contrast, the k"nt
does address this question with some frequency and establishes categories under
which physical death, or total destruction, are obligatory. The major distinction to be found is
the treatment of enemy combatants during a time of war versus that of Israelite
citizens who have violated norms of social conduct. The Hebrew text uses three primary verbal roots to establish
the distinction: μrj,
lqs, μgr.
μrj
This verbal root and its
corresponding noun form have been translated in various ways, but uniformly it
refers to people, animals, or things that have been set apart for total destruction. Most commonly it was
applied to the treatment of the enemies of Israel during the conduct of a war,
and the term served as the expression YHWH’s judgment on a particular people or
culture. Any human or beast who
was designated as μrj was to be
exterminated; and in the case of animals, no part of the animal, its meat, or
its hide could be used for anything.
In the case for things, they were to be burned or smashed beyond further
use. The one exception to this
rule was gold, silver, and bronze vessels. These reverted to the tabernacle/temple under the authority
of the priests. In the event that
one or more individuals failed to carry out a decree of μrj, the individual(s) responsible received a death sentence
for their disobedience. However,
this root is not used anywhere in the k"nt with reference to penalties for
violation of social norms within the culture of ancient Israel.
lqs
This verbal root occurs 22 times
in the k"nt. The verb continues to be attested in
the Aramaic of the targums and modern Hebrew but not in the Syriac of the
Peshitta or most other ancient Semitic languages. Three uses are preserved in the pages of the Hebrew bible:
1) stone to death (formal execution for cause); 2) pelt with stones (not necessarily
an execution and not ordinarily expected to be fatal); clear stones from a field. Based on this usage, stoning to death appears
to have been the normal method for judicial execution, so the extent of use
commanded and the method for implementation are both worth some more detailed
examination.
Ex
8:22 (8:26) Moses told pharaoh that the Israelites must go out into the
wilderness to perform their sacrifice lest the Egyptians stone them because shepherds were an abomination to the Egyptians.
Ex
17:4 After Pharaoh had made the burden on
the people more harsh, Moses complained to YHWH that the people were about to
stone him.
Ex
19:13 YHWH instructed Moses that any
person or animal that went onto Mount Sinai was to be stoned to death or shot with
arrows.
Ex
21:28 If an ox gored someone to death, the
animal must be killed by stoning, and its meat may not be eaten.
Ex
21:29 If a person knew that his ox had a
history of goring and it killed someone (a freeman), both the ox and its owner must be
killed by stoning.
Ex
21:32 If an ox gores a slave to death, the
owner of the ox must pay a ransom for the slave, and the ox must be killed by
stoning.
Dt
13:11 (13:10) The penalty for one Israelite trying to
entice other Israelites to worship any god other than YHWH was stoning to death.
Dt
17:5 The penalty for worshiping any god
other that YHWH was stoning to death.
Dt
22:21 An unmarried woman who lost her
virginity not due to rape while living in her father’s house must be stoned to
death.
Dt
22:24 If a betrothed virgin is found
having sex with another man in a city, both the man and the woman shall be
stoned to death.
Josh
7:23 When Achan was caught with some of
the μrj spoil from Jericho, he, all his
family, and all his livestock were stoned to death. All his possessions were also destroyed.
1Sam
30:6 After the Amalekites took the wives
and possessions of David and his men, the men spoke of stoning David.
2Sam
16:6, 13 When
David and his party were fleeing from Absolom, Shimei cursed and threw stones
at them all and cursed David.
1K
21:10-14, 15 Jezebel contrived a plot to
get Naboth stoned to death so that Ahab could take his vineyard.
Is
5:2 Removing stones from a field was one of the
activities required for making a vineyard.
Is 62:10 Removing stones was part of the process for making a road.
μgr
This synonym to lqs occurs 16 times in the k"nt. The root is attested Arabic with the
same meaning and as well as a few other ancient Semitic languages with related
meanings. The root continues to exist in modern Hebrew with the same meaning.
Lev
20:2 Stoning to death was the penalty for
sacrificing ones child to Molech.
Lev
20:27 Stoning to death was the penalty for
being a medium or necromancer.
Lev
24:14, 16, 23 Stoning to death was the
penalty for blaspheming the name of YHWH.
Nu
14:10 When Joshua and Caleb opposed the
majority report of the spies, the people threatened them with stoning.
Nu
15:35, 36 A man caught gathering wood on
Shabbat was stoned to death.
Dt
21:21 Stoning to death was designated penalty for
a rebellious son.
Josh
7:25 When Achan was caught with some of
the μrj spoil from Jericho, he, all his family, and all his livestock were stoned to death. All his possessions were also destroyed.
1K
12:16 (12:18) After the people f the
northern tribes rebelled against Rehoboam, they stoned the man in charge of the
forced labor gangs to death.
Ez
16:40 One of the judgments pronounced
against Judah for unfaithfulness to YHWH was stoning.
Ez
23:47 Jerusalem and Samaria are condemned
to stoning to death under the prophetic names Oholah and Oholibah for
unfaithfulness to YHWH.
2Ch
10:18 After the people of the northern
tribes rebelled against Rehoboam, they stoned the man in charge of the forced
labor gangs to death.
2Ch
24:21 The prophet Zechariah son of
Jehoiada was stoned to death in the court yard of the temple.
SPECIFIC SEXUAL SINS
Leviticus
20:10-21 provides a detailed list of forbidden sexual unions and stipulates a
specific penalty for all but one (Lev 20:19).
Lev
20:10 Both the man and woman of an adulterous
pair shall be put to death.
Lev
20:11 If a man has sex with his father’s
wife, both shall be put to death.
Lev
20:12 If a man has sex with his
daughter-in-law, both shall be put to death.
Lev
20:13 Both men of a homosexual pair shall
be put to death.
Lev
20:14 If a man marries both a woman and her
mother, all three shall be burned to death.
Lev
20:15 If a man commits bestiality, both
the man and the animal shall be put to death.
Lev
20:16 If a woman commits bestiality, both
the woman and the animal shall be put to death.
Lev
20:17 If a man marries his sister, the two
shall be cut off from their people.
Lev
20:18 If a man has sex with a menstruous
woman, the two shall be cut off from their people.
Lev
20:19 If a man has sex with his aunt, the
two shall bear their guilt (no punishment listed).
Lev
20:20 If a man has sex with his uncle’s
wife, the two shall bear their guilt; they will die childless.
Lev
20:21 If a man takes his brother’s wife,
the two shall bear their guilt; they will die childless.
The
first seven of these forbidden couplings all have the death penalty specified for those
involved, but only Lev 20:14 indicates the required method for execution –
burning. So far as I can recall,
this is the only incident in which execution by burning is commanded. Otherwise, stoning appears to have been
the normal method for execution.
In all instances of execution, it was to be conducted in public, and all
members of the society were to participate. The stated reason for this practice was to make the guilty
individual(s) an object lesson and to remove that specific practice from the society.
The
last four forbidden sexual practices are different with respect to the
stipulated penalty:
·
Sex
with a menstruous woman – The two are to be cut off from their people. This type of penalty is specified with
some frequency, but the text never spells out exactly what this entails. As a minimum, it could imply social
shunning; as a maximum, it could imply permanent exile or even execution.
·
The
last three deal with an offense of a similar nature. The first of these does not include a specific penalty as
part of the verse, but the last two specifically state that the pair will
remain childless throughout their lives. The implication of this sentence is that they will have no enduring heritage in Israel. Conceptually, this would be the opposite from eternal life.
The
last item of note is that man-on-man homosexuality, man-beast, and female-beast
unions are all specifically mentioned; however, female-on-female homosexuality is
not mentioned. The reason for this omission is not clear to me at present.
METHOD OF EXECUTION
The Hebrew bible does not go into detail about the method for carrying out execution by stoning. The practice among Arabic Muslims to this day consists in burying the condemned person in a pit up to the waist. Then the accusers were required to cast the first stones. After that the entire local community was required to participate in throwing stones until the condemned person was dead. Several places in the bible the text asserts that having the entire community participate in penal execution would eliminate a particular wicked conduct from the midst of that society.
HOMOSEXUALITY IN THE hvdjh tyrb
Male
and female homosexuality was quite common in the first century CE, especially
among the Greeks and Romans. I am
not aware of any evidence for wide-spread instances of homosexuality within the
Jewish culture of that time, but anybody who lived in close contact with Greek
or Roman culture would have been confronted with all manner of sexual excess
with regularity. (According to Herodotus, the ancient Egyptian culture also included a sex cult, and the sexual aspect of the Canaanite religion is well documented.) That being the
case, the hvdjh tyrb has surprising little to say about this
topic.
Rom 1:24-27 Therefore God gave them over in the lusts of their hearts to
impurity, that their bodies might be dishonored among them. For they exchanged the truth of God for
a lie and worshiped and served the creature rather than the creator, who is
blessed forever. Amen. For this
reason God gave them over to degrading passions; for their women exchanged the
natural function for that which is unnatural, and in the same way also the men
abandoned the natural function of the woman and burned in their desire towards
one another, men with men committing indecent acts and receiving in their own
persons the due penalty of their error.
1 Cor 5:1, 2 It is actually reported that there is immorality among you, and
immorality of such a kind as does not even exist among Gentiles, that someone has his
father’s wife. And you have become
arrogant and have not mourned instead, in order that the one who has done this
deed might be removed from your midst.
1 Cor 5:9, 10 I wrote you in my letter not to associate with immoral people; I did
not at all mean with the immoral people of this world, or with the covetous and
swindlers, or with idolaters; for then you would have to go out of the world.
1 Cor 6:9-11a Or do you not know that the unrighteous will not inherit the kingdom
of God? Do not be deceived;
neither fornicators, idolaters, adulterers, effeminate, homosexuals, thieves,
covetous, drunkards, revilers, nor swindlers will inherit the kingdom of
God. And such were some of you;
but you were washed, but you were sanctified, but you were justified….
Gal 5:19-21 Now the deeds of the flesh are evident, which are: immorality,
impurity, sensuality, idolatry, sorcery, enmities, strife, jealousy, outbursts
of anger, disputes, dissensions, factions, envyings, drunkenness, carousings,
and things like these, of which I have forewarned you that those who practice
such things shall not inherit the kingdom of God.
1 Thes 4:3-5 For this is the will of God, your sanctification; that is, that you
abstain from sexual immorality; that each of you know how to keep his own
vessel in sanctification and honor, not in lustful passion, like the Gentiles
who do not know God….
1 Tim 1:8-10 But we know that the Torah is good, if one uses it lawfully,
realizing the fact that law is not made for a righteous man but for those who
are lawless and rebellious, for the ungodly and sinners, for murderers and
immoral men, homosexuals, kidnappers, liars, perjurers, and whatever else is
contrary to sound teaching….
In Romans 1:32 Paul (Rav Shaul) writes that those who practice the kinds of wicked behavior listed above are worthy of death, but never do any of the authors of the hvdjh tyrb command followers of Yeshua to carry out an execution. The strongest penalty commanded is expulsion from their midst.
CONCLUSIONS
Both
the Hebrew Scriptures Hebrew Scriptures (k"nt)
and the Christian Scriptures (hvdjh tyrb) teach essentially the same
message with respect to sexual conduct but from different perspectives. The Torah was created as the record of
a covenant between YHWH and the people of Israel. As such it was to serve essentially as the constitution for
the Israelite nation. If the
people were faithful to the covenant from the top leaders down to the least
clan, YHWH promised abundant natural blessings and corresponding abundance in
the land of their inheritance. If
the people were not faithful to their covenant in individual conduct as well as including imposing penalties on
individual transgressors, YHWH promised imposition of curses ranging from
famine to invasion and final expulsion from the land of inheritance. These things all happened, and this is
essentially the story of the k"nt.
The
content of the moral conduct advocated by the hvdjh tyrb was
taken directly from the Torah with one major difference. The hvdjh tyrb was
never intended to serve as the constitution of any kind of national entity. Though Christianity spread first
throughout the Roman Empire, the individual Roman provinces had all originally
been national entities in their own rite; and as Rome deteriorated, they became
so again. Nowhere in the hvdjh tyrb
do the authors attempt to subvert the authority of the civil governing
authorities, and nowhere do they attempt to impose the civil/judicial penalties
listed in the Torah. They knew
that was not their mission and that they did not have such authority.
Now
with respect to the prevalence of homosexuality in the world today, it is
tempting to assert that it has always been there but it has just now become
more open. I for one do not
believe that assertion. From the
standpoint of documentary evidence, there are two periods during which homosexuality
in all of its manifestations became prominent: ancient Canaanite, Greek, and Roman cultures; in modern cultures, the United States, Canada, Europe, Israel, and
some parts of the Muslim world.
Particularly, those parts of the world that are called “the West” have
begun to brag about how liberal they now are in accepting homosexual and other
deviant sexual lifestyles. Why
now? Sociologists and psychologists
give one kind of answer; Rav Shaul (Paul) gave a different answer in Romans
chapter 1. According to Rav Shaul,
when people within a society reject the knowledge of God as He has revealed it,
God gives them over to a reprobate mind, resulting in a proliferation of
everything that God had defined as evil, including the prevalence of homosexuality.
In the case of Israel, when David Ben Gurion proclaimed the formation of the state of Israel, the leaders initially considered creating a formal constitution. In the end they decided not to create such a document and asserted that the k"nt was the constitution of Israel. If the k"nt is the constitution of the modern state of Israel and if God's blessing on Israel is dependent on Israel's faithfulness to the covenant, then Israel has a problem. Official Israel is not faithful to the covenant as defined by the k"nt at many levels. Leaving aside more than half of the specific commands relating to the temple and temple ritual, most of the specific case laws in the k"nt relate to an agrarian culture. As is the case of most developed countries, only a small percentage of the total population follow an agrarian lifestyle, so such laws cannot be applied directly in most cases. The rabbis understood this, so they developed a whole system of conduct called halacha. The problem with this is that halacha is not Torah but an abstraction developed from Torah, and various authorities have different opinions on specific items of halacha. The practical difficulty is that the halacha has been developed by rabbis over the past two thousand years. Some of the halacha laws are just as irrelevant today as the agrarian case laws in Torah, and many go far beyond anything demanded by Torah. (This was intentional and is called 'the fence around the Torah'.) Additionally, none of the halacha has been enacted by any national governing body. These factors make using the halacha as the basis of national civil law generally untenable and even undesirable. However, there are many specific laws, statutes, and judgments in Torah that are generally applicable and not subject to debate. One example will suffice.
- Israel's jails are filled with murders, mostly Arab terrorists. Torah demands that all murderers (Arab or otherwise) be put to death. Under Torah any disobedience results in recompense from YHWH. According to Rav Shaul in Romans chapter 1, apostasy from God results in social chaos, including the rise of homosexuality within a society. Not only this, but prominent individuals boast about Israel's liberal acceptance of homosexuality. This is not something to boast about, but it is a shameful thing. (Note that the same sort of thing is happening throughout Europe and the United States.)
Now,
returning to the chief Sephardic Rabbi’s comment, can homosexuals be
religious? It depends on what one
means by “religious.” If you mean
going to shul on Shabbat, reading the Shemoneh Esrei prayers three times a day during the week,
and keeping the mo’adim, anybody can
do that. The same is true for those
adhering to traditions of the various Christian sects. A male or female homosexual who has
“come out” must first disregard all
of the biblical passages cited above dealing with conduct forbidden by
YHWH. Does their external ritual obedience
really please God? Not according
to Isaiah chapter 1. If the heart
and attitude are not in sync with personal conduct, YHWH will reject the external forms
of worship even though He commanded them Himself. That is why the prophets beginning with Moses proclaimed
that God must and would circumcise their hearts. Then and only then can heart and conduct be in sync with one
another. Only then can the command
“Be holy because I YHWH am holy” become reality in people’s lives.