More Discussions for this daf
1. 2. Shabbos Belts 3. Mar'is Ayin and R' Yochanan
4. Lesbianism 5. הקולא של הזוהר
DAF DISCUSSIONS - SHABBOS 65

Chasidah Fried asked:

The Issur of Lesbianism,I am trying to trace the origin from Chumash (Kedoshim) to to the Gemarah to the Tur/Shulchan Aruch to the Rishonim and Achronim Orach Chayim (Moshe Feinstein answered a Male in his Iggeres regarding this aveirah and Men, There are parallels here)

I would like to get all of these incuding any that I have failed to mention to copy from the original sources and use for a talk that I am giving to women in Flatbush later this month.

I appreciate any assistance that you can provide me with this and I will not mention this assistance in any public forum without your permission. I am looking for sources, not Haskamah per se, a Father of a Girl who believes that His Daughter is caught up in this web has asked me to help, I can do it through a shiur delivered without judgement as mere statement of facts, I believe that it will be well recieved and possibly do great good .I am not afraid to say what needs to be said as I am not the Judge or the Jury just someone who wants people to understand that the halachah is the metzius and that they can still acheive a tikkun through teshuvah.

The Kollel replies:

The first issue is whether the act of lesbianism is forbidden. In Parshas Acharei Mos (Vayikra 18:3) it says: "k'Ma'aseh Eretz Mitzrayim Asher Yeshavtem Bah Lo Sa'asu...." - "Like the [evil] deeds of the land of Egypt, where you dwelt, you shall not do...."

The Midrash Toras Kohanim on this verse (#132) says: "'Ma'aseh Mitzrayim' - Ish Nosei Ish, Ishah Nosa'as Ishah...." -- "'the [evil] deeds of Mitzrayim' - [this means that] a man would marry another man, and a woman would marry another woman...." According to the Midrash, lesbianism is clearly an Isur d'Oraisa.

When the Rambam (Hilchos Isurei Bi'ah 21:8) codifies this Halachah he writes: "Even though this act is forbidden, it does not receive the punishment of lashes because it does not have an explicit prohibition associated with it." The Rambam means that the prohibition of "k'Ma'aseh Mitzrayim... Lo Sa'asu" is a "Lav Kolel" which includes all forms of Zimah (licentiousness) and, therefore, there is no corporeal punishment associated with it, as is the case with every "Lav Kolel," a single Lav that prohibits many acts. The Rambam does mention, however, though, that the violator is punished with Makas Mardus, lashes decreed by the Rabanan.

The second issue is whether the act of lesbianism invalidates the participant from marrying a Kohen. The Gemara in Yevamos (76a) says that the Halachah does not follow the view of Rav Huna, who maintains that a woman who engages in lesbian activity is forbidden from marrying a Kohen because she is considered a Zonah. Rather, the Gemara says, this act is not considered an actual act of relations but only "Pritzusa b'Alma." This is how the Rambam (ibid.) records the Halachah.

Kol Tuv,

Yonasan Sigler

This is not a Psak Halachah