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6 - The Law of Sexual Relations

David Novak
Affiliation:
University of Toronto
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Summary

Introduction

Noahide law also prohibits certain sexual relations, in particular, incest, adultery, homosexuality and bestiality. In the baraita in the Talmud this prohibition is associated with the word “saying” (l'emor) which is taken in the sense of its use in Jer. 3:1, “saying if a man send away his wife.” The implication is that this “sending away” is for sexual misconduct. The association is mnemonic, and nothing more is made of it.

The general name for this legal grouping is gilui arayot, derived from the list of forbidden sexual relations in Lev. 18. In Leviticus, these relations are referred to euphemistically as “uncovering nakedness” (galoh ervah). This termis, for the most part, used in connection with forbidden consanguineous relations, primarily incest.

Incest

Philo presents two reasons for the prohibition of incest. First, he discusses it regarding parent–child relations:

What form of unholiness (anosiourgēma) could be more impious than this: that a father's bed, which should be kept untouched as something sacred (hōs hieran), should be brought to shame: that no respect should be shown for a mother's aging years … Even among the Greeks these things were done in the old days in Thebes in the case ofOedipus the son of Laius. They were done in ignorance, not by deliberate intention (ouch hekousiōgnōme), and yet the marriage produced such a harvest of ills that nothing was wanting that could lead to such misery.

Secondly, he discusses sibling incest:

Why hamper fellow-feeling (koinōnias) and intercommunion of men with men (pro tous allous anthrōpous) by compressing within the narrow space of each separate house the great and goodly plant which might extend and spread itself over continents and islands and the whole inhabited world? For intermarriages with outsiders creates new kinships.

Philo is not advocating marriages between Jews and gentiles, a practice he explicitly condemns, but rather advocating each generation breaking out of the consanguineous circle of the immediate family when marrying.

Philo's twofold discussion of incest offers two different reasons for the prohibition. Incest between parents and children (vertical or transgenerational incest) is prohibited because it violates the respect children owe their parents.

Type
Chapter
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The Image of the Non-Jew in Judaism
The Idea of Noahide Law
, pp. 113 - 126
Publisher: Liverpool University Press
Print publication year: 2011

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