There are those who feel that all is fair in the battle against evil (which child abuse surely is). The following is an embarrassing essay produced by Jewish Community watch which falsely claims that the Rambam wrote against sexual perversion in his Mishna Torah. However when sloppy scholarship or false facts are used to justify something - it weakens and destroys legitimacy. The Rambam in fact is not discussing the issue of perversion in the halacha cited and there is no source that I am aware of that the Rambam ever discussed the issue. This is not a criticism of the serious and important work that the Jewish Community Watch organization does - but it is a criticism of poor scholarship being used in the name of a greater good. I did send them a letter protesting this essay - but have not as yet received a response.
RAMBAM ON SEXUAL PERVERSION
Rambam: Hilchos Yesodai HaTorah 5:7
ומנין שאפילו במקום סכנת נפשות אין עוברין על אחת משלש עבירות אלו שנאמר ואהבת את ה’ אלהיך בכל לבבך ובכל נפשך ובכל מאודך אפילו הוא נוטל את נפשך והריגת נפש מישראל לרפאות נפש אחרת או להציל אדם מיד אנס דבר שהדעת נוטה לו הוא שאין מאבדין נפש מפני נפש ועריות הוקשו לנפשות שנאמר כי כאשר יקום איש על רעהו ורצחו נפש כן הדבר הזה:
Those who don’t know of the greatness of the past tend to think that sexual deviancy is a fairly new battle with warriors gallantly taking arms in the throngs of this new millennium. Well, think again.
As King Solomon proclaimed, “There is nothing new under the sun.” One need only look into the Torah to see all of knowledge – past, present and future, as well as an all encompassing compass toward decency and decorum.
The issue of sexual deviancy is stated in the five books of Moses and expanded upon by Rashi, and countless masters of the Talmud. But let’s take a look at one of the most noted of Talmudic masters – the Rambam (Maimonides).
The Rambam writes: (Hilchos Yesodai HaTorah) “[When] someone becomes attracted to a woman and is [love-]sick [to the extent that] he is in danger of dying, [although] the physicians say he has no remedy except engaging in sexual relations with her, he should be allowed to die rather than engage in sexual relations with her. [This applies] even if she is unmarried.”
The Rambam writes, with purposeful intent, the following:
“With regard to the killing of a Jewish person to heal another person or to save a person from one who is compelling him, it is logical that one person’s life should not be sacrificed for another. [The Torah has] established an equation between forbidden sexual relations and murder, as [Deuteronomy 22:26] states: “This matter is just like a case where a person rises up against his colleague and slays him.”” Lest someone conjure thoughts of misplaced excuses and understood desires, the Rambam makes it perfectly clear that destructive and abusive relationships are unacceptable to the extent of a person losing his life is acceptable.
Indeed, “the killing of one person” is a direct response to perverse abusive sexual relationships. Sexual abuse and molestation hurts the body and is an act of “murder” to the soul. It is not “like” murder…not “compared to” murder….not “equivalent to” murder. It is MURDER period. To this the Rambam writes that, “is logical that one person’s life should not be sacrificed for another.”
The Rambam knew very well the weaknesses of the weak, the sick and the perverted. He understood that someone just “dying” to molest and abuse another should do just that….die.
"The Rambam knew very well the weaknesses of the weak, the sick and the perverted."
ReplyDeleteIt seems to me that the author may think of the Oral Law as something which has "developed" over the centuries, sort of how some hold that all life on Earth is constantly "evolving". This is an approach to Torah I have encountered before.
Thus, according to this approach, Rambam presented a highly evolved Halacha in his writings. On the other hand, others, including myself, hold that the Rambam was only transmitting the Torah as he received it.
I find it useless to argue with people who hold that the Torah evolves. They seem to consider me a talking dinosaur who can be safely ignored.
Consider the way the way the author introduces the Rambam: "The Rambam writes, with purposeful intent...."
That is, the author seems sure that he is in a position to elicit the "intent" of the Rambam. While, according to me, the only intent of the Rambam was to teach Torah without any distortion, not to hide secret messages that only the cognoscenti could discern.
This is what happens when their leader is a bum off the streets with an agenda.
ReplyDeleteThey can have the endorsements of all the world. If it stinks at the top, it still stinks
Every Yeshiva boy knows how to learn this peace. This reads like a conservative tesuvah to be mattar ashes ish