Negative Commandment 352 (Digest)
Uncle-Nephew Incest
"You shall not uncover the nakedness of your father's brother"—Leviticus 18:14.
It is forbidden for a man to engage in homosexual relations with his father's brother. One who does so transgresses two prohibitions: the general prohibition against homosexuality as well as this specific prohibition.
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> The 352nd prohibition is that one is forbidden from having [homosexual] relations with one's father's brother.
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> The source of this commandment is G‑d's statement,;) "do not commit a sexual offense against your father's brother."
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> One who unintentionally has relations with his father's brother must also bring two sin-offerings, as we explained regarding one's father.;) In tractate Sanhedrin they explain, "according to all opinions, one who has relations with his father's brother must bring two [sin-offerings], as the verse says, 'do not commit a sexual offense against your father's brother.' "
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> You should know;) that when I use the phrase, "acceptable testimony," I mean that there were two or more valid witnesses who gave the warning; that the testimony was given before a valid Beth Din of 23 members; and that it took place during a time when capital cases could be judged.;)
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> It is clear that Scripture explicitly dictates kares for all the sexual prohibitions mentioned above. After listing all these prohibitions, the verse;) says, "anyone who does any of these disgusting perversions — their souls shall be cut off (v'nich'r'su)." So too, any prohibition where we mentioned execution by Beth Din, it is also explicitly stated in Scripture. However, regarding the varying types of execution — stoning , strangulation, or s'reifah — some have come through the Oral Tradition and some are explicit in Scripture.
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> The details of all these prohibitions are explained in tractates Sanhedrin and Kerisus, and in a number of passages in Yevamos, Kesubos, and Kiddushin.
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> In the beginning of Kerisus it is explained that any transgression for which one receives kares if intentional and must bring a sin-offering if unintentional — if he is not sure [whether or not he did the transgression],;) he must bring an asham talui.;) The sin-offering which is mentioned is an animal — either a female sheep or a female goat.
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> If you will examine the punishment mentioned regarding each prohibition, you will find that virtually every transgression where one receives kares if intentional and brings a sin-offering if unintentional — the sin-offering referred to is one of fixed value.;) There are two exceptions for which one receives kares if done intentionally, but if done unintentionally, one must bring a sin-offering of adjustable value, an oleh v'yored.;) These two transgressions are tumas mikdash;) and tumas kadashav;;) i.e., an impure person entering the Temple courtyard and an impure person eating meat from the sacrifices.
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> [If you examine all the punishments,] it will also be clear to you that for virtually every transgression where one receives kares if intentional, one must bring a sin-offering if unintentional. There is one exception — cursing G‑d's Name,;) for which one receives kares if done intentionally, but there is no sin-offering if done unintentionally.
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> [If you examine all the punishments,] it will also be clear to you that virtually every person who is subject to some form of execution by the Beth Din receives kares if he is not executed or they do not know about the transgression. There are ten exceptions, where the punishment is execution, but there is no kares — one who incites others to worship idols; one who incites a city to worship idols; a false prophet; one who prophesizes in the name of an idol; a rebellious elder; a rebellious son; a kidnapper; a murderer; one who strikes his father or mother; and one who curses his father or mother. In each of these cases, if the testimony is accepted, the person is put to death. If, however, they were unaware of the transgression or were unable to execute him, he has exposed himself to the death penalty, but does not receive kares. You should understand these principles and keep them in mind.
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> Footnotes
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> Lev. 18:14.
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> N351.
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> 3.
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> In the order of Sefer Hamitzvos, this mitzvah is the last of the sexual prohibitions punishable by kares (beginning with N330). The Rambam therefore summarizes a few points which apply equally to all these mitzvos (N330-352).
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> I.e., when the Holy Temple was in existence; when the Beth Din Hagadol was holding their sessions in the lishkas hagazis; and there was a Kohen who was bringing the sacrifices. See Hilchos Sanhedrin 4:11.
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> 5.
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> Lev. 18:29.
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> For example, there where two pieces of fat, one kosher and one not, and he is not sure which one he ate.
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> 7.
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> P70.
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> 8.
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> See P69.
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> 9.
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> See P72.
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> 10.
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> See N77.
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> 11.
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> See N129.
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> 12.
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> N60.
Negative Commandment 347 (Digest)
Adultery
"You shall not commit adultery"—Exodus 20:13.
It is forbidden to engage in adultery with a married woman.
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> The 347th prohibition is that one is forbidden to have relations with one's neighbor's wife.
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> The source of this commandment is G‑d's statement,;) "do not lie carnally with your neighbor's wife."
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> There are various forms of punishment for one who transgresses this prohibition. If she was a betrothed maiden [na'ara m'urasa],;) she is executed by stoning , as explained in Scripture.;) If she was the daughter of a kohen, she is executed by s'reifah. He, however, is executed by strangulation.;) If she is not the daughter of a kohen and is fully married,;) both of them are executed by strangulation.
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> This all refers to where the testimony was accepted. If it was not, the penalty is kares.
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> All the above;) applies only if the transgression was done intentionally. If it was done unintentionally, a sin-offering must be brought.
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> This prohibition is repeated in the Ten Commandments in the verse,;) "do not commit adultery," which refers to relations with a married woman.
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> The Mechilta;) says, "Why does it say, 'do not commit adultery'? Because the verse,;) 'both the adulterer and adulteress shall be put to death' teaches us only the punishment, not the actual prohibition.;) Therefore it says, 'do not commit adultery.' " And the Sifra says, "the verse,;) 'if a man commits adultery with a married woman, and she is the wife of a fellow Jew [both the adulterer and adulteress shall be put to death]' teaches us only the punishment, not the actual prohibition. Therefore it says, 'do not commit adultery' — [to serve as the prohibition] both for the man and for the woman."
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> These sources do not use the verse, "do not lie carnally with your neighbor's wife" as the actual prohibition since it applies only to the man instead of both the man and woman. Similarly, our Sages had to extend the other sexual prohibitions to the woman as well [as to the man],;) as they said,;) "The verse,;) 'they shall not approach to commit a sexual offense' addresses itself to two people [since it says 'they']. This comes to prohibit the man through the woman and the woman through the man."
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> Tractate Sanhedrin;) states, "all cases are included in the terms 'adulterer' and 'adulteress,' except that the daughter of a kohen was singled out for punishment by s'reifah, and the betrothed maiden for stoning ." In our introduction;) we have already explained this statement.
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> Lev. 18:20.
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> I.e., she is after erusin but before n'suin (see P213), a virgin, and still in her father's house.
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> Deut. 22:21.
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> This refers to the latter case of the daughter of a kohen. In the case of a betrothed maiden, he too is executed by stoning. See Hilchos Issurei Biyah, 3:4.
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> Literally, "has had relations." This means that she is after n'suin — to exclude the case of a na'arah m'urasa.
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> I.e., that there is execution or kares.
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> Ex. 20:14; Deut. 5:17.
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> Parshas Yisro, ibid.
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> Lev. 20:10.
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> In general, every prohibition has one verse which gives the punishment for the transgression, and another verse which tells you that the act is prohibited.
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> Lev. 20:10.
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> Who is directly addressed in all these prohibitions.
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> Sifra, Acharei, Ch.13:1.
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> Lev. 18:6.
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> 15.
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> 51b.
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> Principle 7. There, the Rambam disagrees with those who count adultery with a regular woman, with the kohen's daughter, and with a maiden all as separate mitzvos. He proves this from the passage in Sanhedrin, which explains that the verse which serves as the actual prohibition ("do not commit adultery") and the one which gives the punishment ("both the adulterer and adulteress shall be put to death") are general and include all cases. the fact that the Torah later gives more detail as to which type of execution applies in which case does not make them separate mitzvos.
Negative Commandment 346 (Digest)
Relations with a Menstruating Woman
"And to a woman during the uncleanness of her separation you shall not come near"—Leviticus 18:19.
It is forbidden to have sexual relations with a menstruating woman during the seven-day period of her ritual impurity—and afterwards until she immerses in a mikvah (ritual pool).
Unabridged English Text of this Mitzvah »
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> The 346th prohibition is that one is forbidden from having relations with a woman when she is still menstrualy impure, i.e., for seven days.;)
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> The source of this commandment is G‑d's statement,;) "do not approach a woman who is menstrually impure." She remains in this state even longer than seven days as long as she does not immerse [in a mikvah].;)
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> One who transgresses this prohibition intentionally receives kares; and if it was unintentional, must bring a sin-offering.
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> In terms of practical halachah, this prohibition continues for a minimum of 12 days from the onset of menstruation and continues until she immerses in a kosher mikvah. There are many details regarding these laws which require careful study.
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> Lev. 18:19.
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> See previous note.