Her and Hers

From: Anonymous

Dear Rabbi,

I understand that the Torah prohibits certain specific physical contact between two men, and that other forms of physical intimacy between men are also forbidden as a result of this. In my mind this is similar to prohibited unions between men and women where a specific act is explicitly forbidden, and other acts, while less severe, are also prohibited. My question is what the Torah says about such physical contact between two women. I am not aware of any mention of this in the Torah. I apologize for asking such a question, but this is also Torah and I want to learn. Thank you in advance for responding.

Dear Anonymous,

The issues you raise are extremely sensitive, both from a Torah viewpoint and from the perspective of people involved in such relationships, and therefore require thorough and delicate treatment. On the other hand, it is not possible in this forum to discuss these matters as thoroughly as necessary. Therefore, the absence here of any discussion other than your question must not be understood as sidestepping the larger issues or as insensitivity and lack of empathy to those grappling with these matters, but rather is due to your very specific question and the limitations of this forum.

That being said, you are right, there is an explicit and specific prohibition in the Torah against relations between men: “A man shall not lie with a man as with a woman” (Leviticus 18:22). And as you say, other acts of physical intimacy are also forbidden between men, based on the injunction in Leviticus 18:6 which prohibits other acts in all forbidden relationships.

However, there is no such explicit and specific prohibition regarding relations between women. For this reason, Rambam in his Commentary on the Mishna (Sanhedrin, chapter 7) writes, “the improper act of women having relations with one another is immoral, but there is no punishment for it, neither from the Torah or the Rabbis”. This requires explanation. If there is no verse prohibiting relations between women, on what basis does Rambam call it improper and immoral? If there is a prohibition, why is there no punishment?

Rambam explains that the source of the prohibition is from the general injunction not to follow the ways of the ancient Egyptians. He elaborates on this in Mishna Torah (Isurei Biah 21:8), “For women to ‘intertwine’ with each other is prohibited and is included in the acts of the Egyptians of which we are warned, ‘Like the practice of the land of Egypt…you shall not do’ (Lev. 18:3). Our Sages say, ‘What did they do? A man married a man, a woman married a woman and a woman was married to two men’ (Torat Cohanim 8:8). Even though this act is forbidden, there is no punishment since the prohibition is not explicitly mentioned [but rather derived from a general prohibition, as above] and also there is no intercourse”.

This prohibition applies not only to forbidden marriages, but also includes intimate physical relations that are usually within, but not limited to, the marital context. Prisha (Tur, E.H. 20, note 11) explains that these acts are improper since they involve the pursuit of physical pleasure with no intention of reproduction. This is also evident from a discussion in the Talmud (Shabbat 65a) in which the fact that a rabbi would not allow his single daughters to sleep together is compared to this prohibition of relations between women. Even though Rashi explains the father’s concern was regarding the usual case that the girls might be aroused to desire men, the comparison suggests that a less common case involving relations between themselves would be forbidden even though they were single.

Similarly, in another section of the Talmud (Yevamot 76a) which discusses this “intertwining” between women called ‘nashim hamasulalot’, Rashi explains that they interact as in relations between a male and female and move for physical pleasure. Tosafot there explains that this applies to single women as well, and that the reason for the prohibition is because of immorality. The Talmud there also concludes that the prohibition is one of general immorality, and not of forbidden intercourse. Therefore this act would not disqualify a single woman from marrying a cohen or prohibit a married woman from remaining with her husband. Nevertheless, Rambam (I.B. 21:8) and Shulchan Aruch (E.H. 20:2) conclude that it would be fitting to punish this for transgressing.

As a concluding note, it is very important to stress that it was our intention to address only your specific question regarding what the sources say about intimate physical contact between women. We are in no way insensitive to the suffering of people troubled by these issues and empathize with their turmoil, just as the Torah commands one to be caring and compassionate to anyone in pain. Also, although we described these issues as prohibitions of immorality, the certain distinction between the act and the person must be made. As in all transgressions (including immoral male/female relations), the fact that a person has an inclination to do, or does, prohibited acts, does not undermine his or her potential value as a person.

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