The
352nd prohibition is that one is forbidden from having [homosexual] relations
with one's father's brother.
The
source of this commandment is G‑d's statement, "do not commit a sexual offense against your
father's brother."
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.' "
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.
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.
The
details of all these prohibitions are explained in tractates Sanhedrin and
Kerisus, and in a number of passages in Yevamos, Kesubos, and Kiddushin.
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.
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.
[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.
[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.
