Tides of change - Piety, Mysticism, and Foreign Influences

Now we have seen how a few words in Rashi introduced a new concept of "destroying seed".  However, some Tosafists did not allow these new words to change what they understood was accepted Halacha, while Rabbeinu Tam took this new concept and made it into a new Halachic principle. However, it takes much more than that to create an entirely new structure of Halachic law regarding a topic this complicated and important.  So now we are going to track how this happened.

We should begin with the "Chassidei Ashkenaz “or the "German Pietists". The Chasidei Ashkenaz were part of an ascetic movement that was prominent in Germany during the 12th and 13th century.  The movement was concurrent with the time of the Tosafists, and many of the leaders of the Tosafists were both Talmudic/Halachic scholars and also involved in this movement.  

While this is clearly not the place for a complete history of the Chasidei Ashkenaz movement, we should mention a little bit about their beliefs and way of life. They were an ascetic movement, believing in living a life of holiness, and many of their practices were dedicated to this ideal. In many cases, the ideals they lived by were not Halachic requirements, though they were meant to elevate the spiritual level of the individual and the community. They were heavily influenced as well by early Kabbalah, even prior to the publication of the Zohar.  One quite common theme in their writings and lifestyle was the prescription of and practice of various forms of penitence.  Frequent fasting, deprivation of various pleasures, immersing in icy waters, and similar practices, are common prescriptions for those who felt they had not lived up to their ideals.

In general, the line between Halachic requirements and holy spiritual practices was understood, but the lines were often blurred.  It was in this milieu that the issue of masturbation and "spilling seed" began to cross the line between being a holy practice to being a Halachic sin.  Remember, that this was exactly the time period when Rabbeinu Tam and the other Tosafists were engaged in their disagreement over their interpretation of Rashi.

The most important source of information we have regarding the practices and beliefs of the Chasidei Ashkenaz is the book Sefer Hachasidim, by Rabbi Judah ben Samuel of Regensburg (1150-1217) also known as Rabbi Yehuda HaChasid.  From an interesting exchange between a concerned lay member of the Chasidei ashkenaz community and Rabbi Yehuda HaChasid, we can learn a lot about the subject of our concern. It confirms what we have written already that it was well understood that there was no specific prohibition against "spilling seed" during this time period, but it was considered a holy practice and that it was looked down upon by the community:

"It happened that someone asked (the writer) a question: Someone whose desires gets the better of him and he is afraid that he may (succumb to his urges) and sin by having sexual relations with a married woman or with his wife when she is menstruating or any other sexually prohibited woman, is it allowed for him to masturbate in order (to quell his urges so that he) does not sin? He (the writer) answered that he may at that time (when his urges are strong) masturbate, so that he can do the act of removing semen and therefore not sin with the (prohibited) woman. but he does require penance either by immersing in icy water during the wintertime, or to fast for 40 days during the summer (Sefer Hasidim, Wistinetsky edition s. 50, p44)"

We learn from his words several important points:

1.     We see that clearly there is no sin of "destroying seed" It is important to note that he does not use the term that Rashi used "hashchatah" from which Rabbeinu Tam inferred that the destruction of the seed itself is a prohibition.  Rather he used the term of the Talmud, "Hotza'ah" which means the act of emitting the seed.  Clearly, if that were a sin in and of itself, he could never have permitted it just because someone had an overwhelming urge. Obviously, the dominant Halachic view was that of the Rambam, Tosafot Rid, Ri Hazaken etc..., who all held that there was no such thing as a prohibition against "wasting" or "destroying" semen.

2.     It is also interesting that the practice of abstaining from masturbation was considered by the population to be something to strive for, in the pursuit of holiness.  This would be consistent with the ideals of the Chasidei Ashkenaz movement, and certainly has a basis in the Talmud and Rambam and more.

3.     The penitence prescribed is typical of this movement, and obviously is not something that gained general acceptance in mainstream Judaism.

The big question, which we cannot infer directly from the words of Rabbi Yehuda Hachasid, is how far does this permission to masturbate extend?  One can certainly argue that if one is overwhelmed with desire that is very bothersome to him, maybe even causing him significant distress, that masturbating might be permitted as well.  However, since Rabbi Yehuda HaChasid only says this when confronted with the alternative of a very grave sin such as actual adultery or forbidden sexual liaisons, I cannot legitimately draw this inference from his words.

Rabbi Yehuda HaChasid’s main disciple was another major figure in the Chasidei Ashkenaz movement.  Rabbi Elazar ben Yehuda of Worms (1176-1238), also known as the "Ba'al HaRokeach" after his primary work, the Sefer HaRokeach.  He discusses the practice of masturbation many times, and not surprisingly he strongly disapproves of the practice.  Most of his writings on the topic concentrate on how to do penance when one has engaged in masturbation.  However, it is clear from his writings that he did not consider a Halachic prohibition, but rather a bad practice that leads one in the direction of sexual immorality.  He viewed it of utmost importance to avoid sexual thoughts in order to live a holy lifestyle. 

In the following passage, it is clear that he understood the avoidance of the "spilling of seed" to be a holy and important practice, but not a Halachic law. He is discussing the penance advised for someone who has violated the sin of forbidden sexual intercourse.  In his usual way, he divides the penance into several categories.  One of the categories is "Teshuvat HaGeder" which are boundaries that the penitent should place upon himself in order to avoid stumbling again.  These are listed, by definition, as things which technically are not prohibited by the Halacha but should be enacted as safeguards to help a person who has sinned sexually prevent himself from falling into the trap again.

"For Repentance with safeguards (for one who has sinned sexually and desires to repent): He should safeguard himself by not looking at women or their jewelry whether or not they are wearing them, and he should not observe places where women are playing or gathering, and he should not listen to songs (that make one aroused) and he should not smell their perfumes ... (skipping here some similar ideas) ... and he should not lie down, even with his wife when she is pure (not menstruating) in the gardens or the fields, and he should not (engage in) intercourse whence he withdraws and ejaculates externally, and he should have no business with women at all and he should not engage in frivolity (in general)."

From his words it is clear that he lumps sexual activities with one's spouse where one does not ejaculate vaginally together with practices with which there is certainly no Halachic prohibitions at all!  Even lying with one's own wife, when she is not a niddah, in a field is prohibited in the same sentence.  Clearly there is no Halachic authority in the universe that would claim that there is some prohibition against having a picnic with one's own wife and lying next to her!  Obviously, this is typical though of the practices advocated by the Chasidei Ashkenaz.  On the same level, the Rokeach is recommending avoiding this sexual practice even though it is not technically a prohibition at all.

I have seen online quoted in the name of the Rokeach, Rabbi Elazar ben Yehuda of Worms, that in his commentary on the Torah, Genesis 2:25, that he even more explicitly states that any sexual activity in a relationship between husband and wife is Halachically permissible.  I have not been able to find this in print, but would appreciate it if someone could send me the quote.  Assuming he indeed does say this, it would further verify what we have just stated.

However, while the Chasidei Ashkenaz did not cross the line by taking their ascetic practices and turning them into law, their tremendous opposition to the practice of masturbation did have lasting effects very soon after. Due largely to their influence, "destroying seed" was about to become a Halachic prohibition. That is where we will pick up in our next post.