Alternately, the passive role can be said to be prohibited by Deut. And you shall not lie with a male like lying with a woman. Naturally, you'd assume that no mention means there's no prohibition, right? One example is that of questionable paternities. According to Maimonides, because there is no male-female penetration, lesbian sex isn't actually sex at all. You can't do it because THEY did it!
In all of these cases, the odds of actually being executed were pretty slim. Rabbi Jack Abramowitz There shall not be a promiscuous woman…and there shall not be a promiscuous man… Deuteronomy But, the rabbis also knew that they couldn't just make up a new law that didn't exist before, so they twisted the text and their experience to quash their fears. My point in mentioning all this is that, even though most people in our society drive on Friday nights an act that is potentially a capital crime under Torah law and most people in our culture love bacon which is called an abomination by the Torah , nobody sees the halacha as a kind of crusade against those whose lifestyles include these things. Now, why would God forbid such a thing? If two women could find sexual satisfaction with each other, why would they need to stay married to their husbands? What were these statutes? It is discussed in the Talmud in tractate Sanhedrin on pages 54a-b. The ancient rabbis were incredibly uncomfortable by the idea of two women together. We are aware that not every heterosexual relationship is capable of producing children, but in general such relationships are. Therefore, he says that this verse prohibits promiscuity because a promiscuous person does not tend to examine whether a potential partner is someone fit for them to marry. We discussed cases of seduction Mitzvah 61 and rape Mitzvah , which are crimes and for which fines must be paid. According to Maimonides, because there is no male-female penetration, lesbian sex isn't actually sex at all. You can't do it because THEY did it! This mitzvah applies in all times and places. In our modern world, where the ancient systems of power are less and less relevant, the prohibition on female same-sex relations is clearly unnecessary and offensive. Before we get into part 3, let's take a look again at the verse in question: In fact, you won't find any mention of female same-sex relations or relationships anywhere in the Torah. If he hands her over not for the purpose of marriage, he degrades her and brings the nation down spiritually. Yes, homosexual relations are forbidden in halacha, but no more or less so than eating on Yom Kippur or wearing clothes containing a mixture of wool and linen shaatnez. Homosexual relations are prohibited because they are inherently incapable of producing offspring, which is the ultimate reason for the gift of sex. It is discussed in the Talmud in the tractates of Kiddushin 80b and Yevamos 37b. If a sexual act is completely consensual between an unmarried man and woman, it is not a crime and there is no fine, but it is still not permitted because of this mitzvah. Furthermore, the only act that might potentially result in capital punishment was intercourse, and then only with a warning and qualified witnesses as is the case in any mitzvah that might result in execution by the courts. Of course, even according to the position of the Ramban, this is not to permit premarital relations in practical application. But when we get beyond the context of just a text-based translation, how do these interpretations reflect the ideologies of the various movements and streams of Judaism?
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