Tuesday, July 4, 2017

halacha - Sources for prohibition of homosexual closeness (אביזרייהו דעריות)




  1. The De'Oraiso prohibition of the sexual act itself is clear and indisputable.




  2. Because we hold that "אין אפוטרופוס לעריות" (Ksubos 13b, roughly "no one can be trusted against illicit relations"), we suspect every man can easily slip into a De'Oraiso prohibited behavior, therefore we do "משמרת למשמרתי" and forbid אביזרייהו דעריות - all kinds of sexual closeness, e.g. hugging and kissing and even ייחוד alone.
    I've seen tons of Halochos on heterosexual אביזרייהו דעריות but have never seen a discussion about homosexual closeness.





  3. We also hold that "לא נחשדו ישראל על משכב זכר" (Kiddushin 82b, "Jews are not suspected of homosexual acts"), therefore if two men exhibit attraction and affection we, seemingly, do not hold them as transgressors and, probably, do not forbid such behavior (?).




  4. Toward the gay parade in Jerusalem this week R"L, my guts say something is wrong with HS אביזרייהו דעריות too, but I can't find sources.




What are the sources of the prohibition of homosexual אביזרייהו דעריות?
Or if it is automatically transferred from heterosexual prohibitions - what are sources for that transference?




Answer



There is a machlokes between Maimonides and Nachmanides regarding whether the issur of לא תקרבו לגלות ערוה (one should not come close to violating forbidden relationships) is a Torah prohibition or just rabbinic. Both agree that it is certainly assur. This prohibition would include all forbidden relationships including HS.


Furthermore, there is a commandment of ונשמרתם מכל דבר רע (guard yourself from "bad" things), which includes not seeing or engaging in things that will bring one to spill seed in vain. Certainly, any form of sexual interaction, even if not actual sex, should fall under that prohibition.


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