Issurei Biah - Chapter Twenty Two

It is forbidden to enter into privacy with any of the woman forbidden as ariot,1 even if she is elderly or a young girl,2 for this leads to forbidden relations. [The only] exceptions are a woman and her son, a father and his daughter, and a husband with his wife who is in the niddah state.3

When a bridegroom's wife menstruates before he engages in relations with her, it is forbidden for him to enter into privacy with her.4 Instead, she should sleep among [other] women and he should sleep among [other] men.5 If they engaged in relations once and afterwards, she became impure, he is permitted to enter into privacy with her.

Jewish men were not suspected of engaging in relations with men or with animals. Hence, there is no prohibition against entering into privacy with them.6 If, however, a person distances himself from entering into privacy even with a male or an animal, it is praiseworthy. Sages of great stature would distance themselves from animals so that they would not be alone with them.7

The prohibition against entering into privacy with woman forbidden as ariot has been transmitted by the Oral Tradition.8

When the incident concerning Amnon and Tamar occurred,9 David and his court decreed a prohibition against entering into privacy with an unmarried woman. Although an unmarried woman is not an ervah, such an act is considered as entering into privacy with an ervah. Shammai and Hillel decreed a prohibition against entering into privacy with gentiles.10

Thus when anyone enters into privacy with a woman, whether Jew or gentile, with whom such an act is forbidden, both the man and the woman are given stripes for rebellious conduct and an announcement is made concerning them.11 An exception is made with regard to a married woman. Although it is forbidden to enter into privacy with her, if one does enter into privacy with her, corporal punishment is not administered12 lest a rumor be initiated that she committed adultery. Thus a rumor might spread that her children are mamzerim.

Whenever a man is forbidden to enter into privacy with a woman, this act is permitted if he is accompanied by his wife, for his wife will guard him [against transgression]. A Jewish woman should not enter into privacy with a gentile man even if his wife is with him. For a gentile's wife will not guard him [against transgression] and they have no shame.13

Similarly, a Jewish child should not be entrusted to a gentile with the intent that he teach him to read or teach him a craft, for all gentiles are suspect to engage in homosexual relations. Similarly, we do not house an animal in an inn belonging to gentiles, not even a male in an inn with males and a female in an inn with females.14

We do not entrust an animal, beast, or fowl to a gentile shepherd, not even a male animal to a male shepherd and a female animal to a female shepherd, because they are all suspect to sodomize animals. We have already explained15 that [gentiles] are forbidden to engage in homosexuality or sodomy. And [Leviticus 19:14] states: "Do not place a stumbling block before the blind."16

Why do we not entrust a female animal to a female gentile? For [all gentiles] are assumed to be promiscuous and when a gentile man will come to sleep with this gentile woman, it is possible that he will not find her and instead, sodomize the animal. Or even if he does find her, he may sodomize the animal.

One woman should not enter into privacy even with many men17 unless the wife of one of them is present.18 Similarly, one man should not enter into privacy even with many women,19 But when there are many women together with many men, we do not show concern for the prohibition against entering into privacy.20

If the men were outside and the women were inside or if the men were inside and the women were outside, and one woman - or one man - separated themselves and joined the group of the other sex, the prohibition against entering into privacy applies.

Even a man whose business and profession [brings him into contact] with women21 is forbidden to enter into privacy with them. What should he do? He should involve himself with them while accompanied by his wife or turn to another profession.

It is permitted to enter into privacy with two yevamot, two wives of the same man, a woman and her mother-in-law, or a woman and her husband's daughter, or a woman and her mother-in-law's daughter. [The rationale is that] these women hate each other and will not conceal the other's [misdeeds].22 Similarly, it is permitted to enter into privacy with a woman who is accompanied by a young child old enough to understand what sexual relations are, but who would not engage in relations herself. [The rationale is that the woman] would not act promiscuously in the presence of this child, for she will reveal her secret.

It is permitted to enter into privacy with a female child less than three years old and a male child less than nine years old. For [our Sages] only issued decrees concerning entering into privacy with a woman fit to engage in relations and a male fit to engage in relations.23

An androgynus24 may not enter into privacy with women.25 If he does, he is not given physical punishment, because his status is doubtful. A man may enter into privacy with an androgynus or a tumtum.26

When a married woman's husband is in the [same] city, she need not be concerned about [the prohibition against] entering into privacy with another man, because she will be impressed by the fear of her husband.27 If a man is overly familiar with her, e.g., they grew up together or she is his relative, she should not enter into privacy with him even if her husband is in the same city.28

Whenever a man enters into a room with a woman, but there is a door29 open to the public thoroughfare, we are not concerned about [the prohibition against] entering into privacy.30

An unmarried man should not teach young children, because the mothers come to the school because of their sons and thus he will be tempted by women.31 Similarly, a woman32 should not teach young boys, because their fathers come because of their sons and thus they will enter into privacy with her. A teacher does not have to have his wife together with him in school,33 It is sufficient that she be at home, while he teaches in his place.34

Our Sages ordained that women speak to each other while in a lavatory,35 so that a man will not enter there and thus be alone with them.

We do not appoint even a faithful and observant person to be a guard of a courtyard where women live. [This applies] even if he stands outside, for there is no guardian against promiscuity.36

It is forbidden for a person to appoint a supervisor over his home so that he does not lead his wife to sin.37

It is forbidden for a Torah scholar to dwell in a courtyard where a widow lives even though he does not enter into privacy with her lest suspicions arise38 unless his wife is with him. Similarly, a widow should not raise a dog because of the suspicions that might arise. Nor should a woman purchase male servants - even minors - because of the suspicions that may arise.39

We do not relate the hidden matters40 concerning forbidden sexual conduct to three students. [The rationale is that] one will be absorbed in questioning the teacher, the other two will be debating the matter back and forth and will not be free to listen. Since a person's mind is aroused by sexual matters,41 if a doubt arises concerning something he heard, he may [in error] rule leniently. Therefore, we teach only to two. In this manner, the one listening will focus his attention and recall what he will hear from the teacher.

There is nothing in the entire Torah that is more difficult for the majority of people to separate themselves from than sexual misconduct and forbidden relationships. Our Sages said:42 When the Jews were commanded regarding forbidden sexual relations, they wept and accepted this mitzvah with complaints and moaning, as implied by the phrase: "Crying among their families," [which is interpreted as meaning]: "Crying about family matters."

Our Sages said:43 A person's soul desires and craves theft and forbidden sexual relations. You will never find a community that does not have some people who are promiscuous regarding forbidden relationships and prohibited sexual conduct. Moreover, our Sages said:44 Most people trespass with regard to theft; a minority with regard to forbidden sexual conduct, and all with regard to the shade of undesirable gossip.45

Therefore it is proper for a person to subjugate his natural inclination with regard to this matter and train himself in extra holiness, pure thought, and proper character traits so that he will be guarded against them.

He should be very careful with regard to entering into privacy with a woman, for this is a great cause [of transgression]. Our great Sages would tell their students:46 "Watch me because of my daughter," "Watch me because of my daughter-in-law," so that they would teach their students not to be embarrassed about such matters and distance themselves from entering into privacy with women.

Similarly, a person should distance himself from levity, intoxication, and flirtation,47 for they are great precipitators and steps [leading] to forbidden relations.

A man should not live without a wife, for this practice leads to great purity.48 And [our Sages gave] even greater [advice], saying:49 "A person should always turn himself and his thoughts to the words of the Torah and expand his knowledge in wisdom, for the thoughts of forbidden relations grow strong solely in a heart which is empty of wisdom." And in [Solomon's words of] wisdom [Proverbs 5:19], it is written: "It50 is a beloved hind, arousing favor. Her breasts will satisfy you at all times. You shall be obsessed with her love."

Blessed be God who grants assistance.