Influence of Christianity and the General Culture on Jewish Views of Masturbation

I have referenced a few times the idea that at least some of the negative Halachic attitude towards masturbation was a result of Christian and general cultural influence. I argued in the last post in favor of taking the OMP approach toward masturbation instead of the SAP approach. It would be somewhat satisfying to blame all of this on "the other guys" and say that it wasn't the Jews' fault, but it was their fault i.e. the Christians.  As my grandfather of blessed memory used to say, tongue in cheek, "it doesn't matter what goes wrong, as long as you can blame it on somebody else."

I am sorry to say that in this case, we cannot blame it on the Christians.  At least not the development of the SAP which I described in detail before.  The SAP was heavily influenced by the Zohar.  The Zohar stands out as the most vehemently harsh condemnation of the practice of masturbation in all of human religious history.  It was the most comprehensive, zealous, and forceful religious work to take up the subject, and the earliest religious text to discuss it in such intense detail.

While there are references and condemnations of masturbation scattered here and there throughout the Christian writings starting from the second century on, it doesn't seem to have been a particularly big deal to Christians until the mid-18th century.  Some exceptions exist, such as Pope Leo II (b.1002- d.1054) who wrote harshly about it, but it never quite became a big deal for a long time. One of the most famous books to deal with this subject is Thomas W Laqueur (2003) Solitary Sex:A Cultural History of Masturbation. According to Laqeuer, "the ancient world cared little about the subject; it was a backwater of Jewish and Christian teaching about sexuality."  He claims that the big obsession with the topic really began with the publication of an anonymous tract called "Onania" in England somewhere around 1722.

There is a phenomenon that I seem to find often when reading secular scholars discuss "Jewish teachings".  It seems that they frequently assume that the Jews were more or less saying the same things that the Christian scholars were over the centuries. In modern parlance, this often presents itself as the "Judeo-Christian" tradition.  Unfortunately, all too often, these scholars are much more familiar with the Christian teachings than they are with Jewish teachings and traditions. They are frequently  unqualified to say what the "Judeo" part of Judeo-Christian" actually teaches.   I am not particularly proud of the Jewish contribution to this subject, but Laqueur, when he stated that masturbation was "in the backwater of Jewish teaching" had no idea or clue just how robust and influential the anti-masturbation teachings of the Zohar was about 600 years before 1722. He should've stuck to Christianity.

I am not the only one to point this out, as Shilo Pachter, in his doctoral dissertation that I have quoted many times, makes the same point regarding Laqeuer's assertion. The Jewish opposition to masturbation came out of the "backwater" as soon as the Zohar came to light. Long before 1722.

However, there is a period of time in which I do believe the influence of the Christian world and the academic world did have a strong influence on the Jewish world, and that, I believe, did start with the book that Laqueur just mentioned.

It seems to me that the widespread acceptance of the SAP and the stringent opinions regarding masturbation were helped along by the strong anti-masturbation rhetoric that took over the Christian, philosophical and scientific world starting in the early 1700s.  Starting in this time period, in both the protestant and the catholic world, Onanism became synonymous with masturbation and it became accepted as a terrible sin.  In the philosophical world, no less a personality than Immanuel Kant condemned the practice strongly. In the scientific world, it became accepted that masturbation was both a sign of a mental disorder and the cause of all sorts of physical maladies.  It wasn't until the mid-20th century that these ideas started to change, and masturbation began to be understood as a normal part of sexual development.

The strongest Halachic influence on contemporary post WW2 Orthodox Judaism, comes from the Hassidic traditions of eastern Europe and the non-Hassidic yeshiva world of Lithuania.  Both of these traditions began and were nurtured within a surrounding culture that thought that masturbation was a sign of mental illness, that is was medically unhealthy, and that it was an abomination and a perversion for which God gave the death penalty.  It is not surprising that the Halakhists and moral teachers of the era didn't pay much heed to the opinions of the Ri Hazaken and others and accepted the paradigm of the SA.

An indicator that this is the case, is that the opinions expressed by the proponents of the OMP did not disappear immediately when the Shulchan Aruch suppressed them. It took a while for the SAP to take hold. As we shall see, immediately after the publication of the SA many rabbinic authorities objected to the negation of the opinions of the Ri HaZaken, Tosafot Rid, and Rambam.

It makes sense that it wasn't easy for the SA to suppress the opposition by omitting the Ri HaZaken.  This opinion wasn't just a random outlier.  Many halachic authorities among the Rishonim (Halachic authorities from circa 1100 - 1550) and early Acharonim (halachic authorities from circa 1550 - 1800s) supported the opinion of the Ri HaZaken. Here are just a few: Rabbi Mordechai ben Hillel HaKohen (Germany, 1250-1298, known as "the Mordechai") in Massechet Niddah Hagahot Mordechai 247:744;  R Bezallel ben Avraham Ashkenazi (Israel, 1520-1592) in Shita Mekubeztet Nedarim 20b; R Asher ben Yechiel ("The Rosh" Germany then Spain, 1250-1327) Tosafot HaRosh Yevamot 34b; R Meir HaKohen of Rothenburg (Germany, late 13th century) in Hagahot Maimuniot Hilchot Isurei Biyah 21:9; R Isaiah DiTrani "the younger" (Italy late 13th - early 14th century) in Piskei Riaz Ketubot 5; R Solomon Luria (Poland 1510-1573 "The Maharshal") in Yam Shel Shlomo Yevamot 34b; R' Avraham Chaim Shur (Belz, Poland late 16th, early 17th century) in Torat Chaim Sanhedrin 54a.   All of the above and many more at least supported the opinion of the Ri Hazaken as a viable alternative to the stringent prohibition against "spilling seed".  

It is for this reason that the important commentary on the SA, the Beit Shmuel (late 17th century) immediately qualifies the statement of the SA that the sin is "the most severe in the Torah" by saying that the SA really didn't mean it.  (IMHO. the SA clearly did mean it, as he had learned from the Zohar how severe it is). 

Despite this solid and robust opposition to the SAP, in the centuries following the publication of the Shulchan Aruch, the SAP eventually did become the predominant paradigm. The OMP receded into the past almost as if it had never existed. As (at least Eastern European) European Jewry eventually developed into the Hassidic and "Lithuanian" branches preceding WW2, the SAP became firmly ensconced. I believe this was largely because the same thing was going on in the world "outside.  Why else would the Jewish world almost completely ignore one major tradition and exchange it for another? Clearly, the Christian, philosophical, and medical thinking of the time regarding the "horrors" of masturbation dominated Jewry in the same way that it dominated western thought in general.

So, in conclusion, I don't believe that we can blame "the others" for foisting this stringency upon Judaism.  We were there first :(    However, the fact that it became the predominant Halachic paradigm was almost certainly heavily influenced by outside factors.

The only silver lining I can think of, is that maybe the reverse can be true.  If the general society's dislike for masturbation helped push us toward a stringent Halachic attitude, maybe modern science's recognition that occasional masturbation is normal can push us back to the original Halachic paradigm which accepted indeed that this is true as well. Perhaps. Maybe. With God's help and with common sense and the strength of the Torah sources I have quoted in this series, maybe it can work.  Thanks for reading through my posts on this subject, I think I can move on now to other important subjects. Please let me know in the comments if you think I left something out.

Changing the Halachic Masturbation Paradigm

It should be obvious that the Shulchan Aruch is by far not the last word in the Halacha, and that things have continued to develop over the next 500 years.  On the other hand, this is a blog, and my purpose is to develop ideas, specifically ideas that relate to Jewish law as it intersects with topics of medical interest, and to attempt to develop these ideas in a rationalistic manner.  I think that what I have developed so far in all of the preceding posts, are two very different concepts regarding male masturbation and how this activity should be treated by a Jew who wishes to observe the Halacha. Our Halachic analysis so far is enough to make the basic point I have been trying to get to in this blog.

I have recently been introduced to the work of an amazing woman, Talli Rosenbaum, and her writings on this subject. The reason why her writings are so important is because she explores the negative potential effects that the misconception of the "sin" of "spilling seed" can have on sexual development and marital relationships.  Please check her website here for more resources, and I particularly recommend this podcast. 

The two different Halachic approaches that we have developed would have a significantly different impact on the sexual and psychological health of Orthodox Jewish society.  I will admit upfront that I am not a social scientist, nor am I a sex therapist.  I also don't have lots of data and studies to back up the assertions I am about to make.  I am a physician, and I do have Rabbinic ordination, and I do have significant familiarity with Orthodox sexual dysfunction from a clinical perspective and from my knowledge of the community. Those are both my credentials and my limitations.

The prevailing Halachic paradigm that dominates the general understanding of most Halacha observant Jewry is the one established by the Shulchan Aruch. We just finished describing how this developed in the preceding series of posts.  Allow me to summarize the basic tenets of this paradigm, which I will call the SAP (Shulchan Aruch Paradigm).

The SAP posits that any ejaculation outside of vaginal intercourse in the context of marriage is a sin.  The SAP holds that this was indeed the sin of Er and Onan which resulted in their deaths.  The SAP holds that this was the sin of the flood which resulted in the destruction of almost all life on the planet. The SAP holds that extra-vaginal ejaculation produces demons that taunt the individual into the next world. The SAP teaches that extra-vaginal ejaculation is akin to murder, and included in the Ten Commandments. The SAP does not permit any other form of sexual activity between husband and wife other than vaginal intercourse.

It would be impossible to overestimate the negative effects of these ideas on the sexual and psychological health of the Halacha-observant public. First let us focus on the single young man and what this can do to his psychological health. Imagine the guilt of a young man who masturbates occasionally.  If he is able to open a Shulchan Aruch and read, if he is yeshiva educated, the overwhelming guilt can be awful.  The normal experiences and desires of an adolescent male (or even mature adult male) have suddenly become the source of the "worst sin in the Torah".

Then try to imagine how many destructive paths this can take. The guilt can in some cases lead to a feeling of despair. "If I can't fight these urges, I am a failure at being an observant Jew, and why even bother?"  Such a person could be led into a very depressed rebellion against his heritage, a failure of a Jew. Alternatively, it could lead to open rebellion.  "The Torah must be nonsense if it prohibits normal and harmless natural behavior." "If I can violate the worst sin in the Torah and nothing happens, I an violate any Torah prohibition!"  "If the Torah prohibits this, than all of the Torah's laws could be nonsense too."  Among those young men who don't want to leave the Torah lifestyle, imagine the cognitive dissonance such a problem can cause? The shame, depression, confusion and despair can be overwhelming. I would like to suggest the following link for more detailed discussion of these issues. 

Now let's follow this young man forward in his life.  He is taught that he needs a spouse in order to prevent sin.  So that his natural urge to have sex and experience ejaculation can have a "permissible outlet".  Is he seeking marriage in order to have a fulfilling relationship with another human being? Regarding the important sexual aspect of this relationship, is there an understanding that her purpose is not just to help himself? Does he realize that she is an individual of equal importance who deserves to have a satisfying sexual relationship just as much as he does?  does he recognize that the Torah requires him to make her happy sexually, and that she is much much much more than just a "receptacle" so that his ejaculation is now deemed "kosher"?

What about the young woman?  Is she taught that she must be available for him just to save him from sin?  What does that mean for her own enjoyment? what if she is taught that she must even endure pain and discomfort in order to save him? Is she ever allowed to say , "no" or "not now"? Does she ever learn what a sexual relationship is supposed to be?  There is so much to write, so much to think about.  I refer you to Talli Rosenbaum's site for more discussion. In particular, please check this link. I can't do it justice, but I can highlight some of this in order to get you thinking. 

Now let us rewind a bit in Halachic time.  Let us go back to the days before the Zohar came onto the Halachic scene, to the days of what I am going to call the OMP (the Original Maimonidean Paradigm).

The OMP posits that one should not deliberately stoke his sexual desires because that can lead to immorality.  The OMP teaches that the sin of Er and Onan was that they deliberately engaged in a sexual relationship with the express purpose of avoiding procreation, Tamar was a sexual plaything to them, for enjoyment only.  This is why they were put to death by God.  The OMP teaches that as long as one is engaged in sexual activity in an appropriate relationship, there is no sin of "spilling seed", and any type of sexual activity is acceptable. The OMP also recommends early marriage, but not to prevent masturbation, rather it is to prevent the risk of promiscuity and other sexual sins.  The OMP explicitly uses the concurrent medical understanding to recommend only infrequent ejaculations.  The OMP explicitly also draws upon the contemporaneous medical ideas to recommend regular, just not excessive ejaculations to avoid what was believed to be the buildup of negative factors when one does not ejaculate often enough.  According to the OMP, there is no sin of masturbation for a single man, the only concern is the deliberate stoking of sexual desire for the reason stated above.

Just as it was impossible to overestimate the negative effects of the general acceptance of the SAP, it is equally impossible to overestimate the positive effects of adopting the OMP.

Here goes.  Our hypothetical young man understands that this is a natural process, and that occasional ejaculation is completely normal, even healthy.  He now understands that the problem is to engage in practices that lead to sexually unhealthy activities, not the "spilling of seed".  Such things would include turning to the all-too-available pornography, which can lead to unhealthy and dangerous ideas about sex. This would certainly be something to avoid. On the other hand, normal exposure to members of the female gender, that may occasionally lead to sexual thoughts, is completely normal as long as such social encounters will lead one day to a healthy, safe appropriate relationship.

When it comes to marriage, he may learn that any sexual practice is completely normal, and that he should do whatever he and his wife find to be satisfying and enjoyable.  He will also learn that a woman is to be respected as a partner, not a purely sexual being as Er and Onan treated Tamar. She is there for much more than just his sexual pleasure, she is there to build a life and family together with.  This includes the Mitzvah to procreate.

The young woman will not be there to "save him from sin".  If he needs "saving" and she is not in the mood, for whatever reason, he can either take a chill pill and be respectful or maybe engage with her in other activities that don't include unwanted penetration of her body, even if it means he will ejaculate extra-vaginally.

Furthermore, now that we know that there is nothing unhealthy about occasional masturbation, the Rambam's health related objections would no longer exist.  The Rambam himself, it is well known, omitted from his Halachic code the "prohibition" of eating fish and meat together.  This was because he understood that it was a health recommendation of the rabbis of the Talmud.  Since the Rambam no longer felt it was a heath problem, it is no longer the Halacha.  The Rambam, I  would argue, would likely be consistent and have a completely different approach, as the health understanding of masturbation has dramatically changed.

The suggestion that there are torturing demon tormentors created every time someone masturbates would've sounded both foolish, and worse, even blasphemous to the Rambam.  

Poof. We just solved a major dilemma.  Go back to the basics. Allow me to adjust a common Halachic phrase to our situation:

כדאי הם התלמוד בּבלי והרמבּ״ם והר״י הזקן והתוספות רי״ד לסמוך עליהם בּשעת הדחק  

The Babylonian Talmud, and Maimonides, and Rabbi Isaac the Elder, and Rabbi Isaiah Di Trani are adequate authorities for us to rely upon them in a time of need 

I think anyone who reads Talli Rosenbaum's material would agree that this is a "time of need".  If you disagree, fine, that is your right.  But for those who agree with me that this is a time of need, Let's build on the OMP, the Original Maimonidean Paradigm.  We can use the OMP as a basis to build a healthy sexuality among our youth, and our families and couples.  People should be taught to avoid sexual immorality, sexual exploitation, sexual abuse, and unhealthy sexual stress that builds up in dysfunctional families.  Instead we should teach what healthy sexuality looks like, and how to make that happen.

I would like to inject some Kabbalistic ideas into the OMP though.  However, it will have the opposite effect that the injection of the Zohar had on the development of the Shulchan Aruch Paradigm.  Maimonides had a philosophical aversion to sex in general.  He considered it a base activity, pretty much the lowest form of human behavior.  In this he followed the philosophy of his mentor Aristotle.  If you recall, we mentioned the Igerret HaKodesh in our past discussion of the Spanish kabbalists.  The IH responded to the Rambam that the sexual act is not base at all.  Rather it is a holy and beautiful act between two human beings, as long as there are proper intentions.  If we inject this idea into the development of the OMP, we will find that any act between two loving human beings, in the context of a committed and loving relationship founded upon proper ideas and principles, is a beautiful and holy thing. It is to be celebrated and encouraged, regardless of where the semen happens to spill.

I do want to write a little more in the next post or two about some of the reasons why the SAP became dominant.  I think we need to discuss the foreign influences, the influences of contemporaneous science etc before we leave this subject and move on.

I would also like to encourage people to comment and generate discussion.  Whether you love what I have written, hate it, or anywhere in between, I want to hear from you.  Generating discussion about these topics is one of my primary goals on this blog.  Also, please feel free to suggest new topics. I am always open to ideas. 

Rav Yosef Karo Uses the Zohar to Eliminate the Opposition

In this post we will finally tie our two separate threads together, the mystical Kabbalistic thread and the Halachic thread.  Rabbi Yosef Karo (RYK), the most influential Halachic authority since the days of Maimonides, was the author of two major halachic works.  The Beit Yosef is written as a commentary on the Arba'ah Turim which we discussed in the previous post, and it is an encyclopedic review of all of the halachic opinions on the topics covered by the Tur. Based on his Beit Yosef, RYK then wrote the Shulchan Arukh (SA), where he summarizes his conclusions of law.  This has become one of the most important works in the history of the Halacha.

The Beit Yosef provides us the insight we need into how RYK came to the conclusions that he records in the SA.  I promised you in a previous post that I would show you how RYK brought the Zohar and Lurianic kabbalah into the Halachic world regarding the topic of masturbation.  So now is the time to fulfill my promise. 

In the Beit Yosef, on his commentary to the Tur Even Ha'ezer 23:4 the Beit Yosef adds to the Tur:

It is written in the Zohar that the severity of the prohibition against ejaculation for naught is more than all the other sins in the Torah, therefore one must be extremely careful regarding (the avoidance of) this (sin).

If you recall our previous post, the Tur cites the lenient opinion of the Ri HaZaken as a dissenting opinion, as he permits spilling seed in the context of an appropriate relationship.  RYK's comments on this are fascinating and revolutionary.  in the Beit Yosef (siman 25) he says:

It is very difficult to allow someone to spill his seed even if it is only occasional, and one who is careful regarding (matters of) his soul will stay far away from this and from similar acts... 

Then in his later work, Bedek HaBayit (ch. 25), RYK cracks down even harder and states regarding the Ri HaZaken:

had the Ri HaZaken seen what is written in the Zohar regarding the punishment for someone who needlessly spills seed, that it is more severe than any other sin in the Torah, he never would have written what he wrote...

Essentially, RYK is saying that the Tosafists and Halachic authorities who were not exposed to the Zohar, as they lived prior to the revelation or publication of the Zohar. The ramifications of this statement are astonishing.  RYK is suggesting that a Halachist would make a different Halachic decision because of the Zohar.  Somehow it even suggests that the pre-Zohar Halachists weren't quite as informed on these topics as the "post-Zohar" Halachists and thus their opinions are less legitimate.

RYK then codifies this in the SA, and completely omits the opinion of the Ri Hazaken and any of the other lenient opinions that we have cited in our blog up to this point.  It is worth reviewing the SA in Even Ha'Ezer chapter 23 in its entirety.  I will leave it to the reader to read it, as quoting the entire chapter would be lengthy, but I do want to point out a few very important details.

1. We mentioned in the last post that the Tur changed the Rambam's word "however" (Aval) to "and" and how this suggested that the Tur understood the Rambam's prohibition against "Ni'uf BeYad U'beregel" to be a prohibition against masturbation.  This was in contradiction to the Rambam's own explanation of the term in Pirush HaMishnayot.  This also indicated that the Tur understood the Rambam's objection against using withdrawal as being a sin of "spilling seed', which was not how the Rambam was understood prior to the Tur.  RYK takes this a step further and completely removes the word "and" as well.  What this does in effect is completely change our understanding of the Rambam.  Now it reads as follows:
   
   "[One may not do withdrawal, one may not marry a woman incapable of conceiving] those who engage in such practices and spill seed in vain (elu Shmena'afim beyad etc....) not only are they committing a terrible sin...
   
   What the SA is doing is presenting the Rambam as if the reason for the prohibition against marrying someone incapable of conceiving and for withdrawing and ejaculating extravaginally is due to the prohibition of spilling seed.  This is totally the opposite of the way the Rambam was previously understood. The "and" of the tur made it into a list of three things, while dropping the "and" turns it into an explanation of why the acts are prohibited.
   
   
2. The SA injects into his quote from the Rambam the term he used in the Beit Yosef, which comes directly from the Zohar, that "This sin is more severe than any other sin in the Torah".
   
   
3. The SA, unlike the Tur, completely omits the opinion of the Ri HaZaken.  He doesn't even bring it as a "Yesh Omrim" (There are some who say)
   
   
4.  The SA, unlike the Tur, omits the Rambam's explicit quotation from the Gemara that permits a husband and wife to engage in whatever sexual activity they so desire, including anal intercourse (Biah Shelo Kedarkah)

There are more things to point out, but the items I just mentioned are enough to establish how RYK has now taken the Zohar and placed it directly into the realm of Halacha, and he has explicitly prohibited things that were permitted by the Talmud itself and the Rambam (and others as we have written about extensively in previous posts).

Lest you think that the SA only wrote these Halachot to sound scary, but he didn't really prohibit actions explicitly permitted in the Talmud and the Rambam, here is a story from the Sefer Chareidim (Rabbi Eliezer ben Moshe Azikri 1533-1600) that recounts an actual case brought before the Beit din (rabbinical court) of RYK:

There was a case in Safed, in the year 5308 (1547), that in the presence of the great rabbis Our teacher and Rabbi Rav Yosef Karo, and our teacher our rabbi R' Isaac Massoud, and our teacher our Rabbi Avraham Shalom and my teacher the Rabbi, the pious R' Yosef Shaggis, and several other rabbis, that a woman came and stated that her husband had intercourse with her "shelo kedarka" (anal intercourse) and they excommunicated him, and criticized him and said that he was (worthy of) being burned, and in the end (his verdict was that) they banished him from the land of Israel...(End of chapter on Hotz'at Zerah in Sefer Chareidim)

This is remarkable, and it demonstrates just how far RYK took the Zohar into the realm of practical  Halacha.  An act explicitly permitted by the Talmud and the Rambam, was prohibited to the extent that RYK banished this man from Israel.

There is so much more to write. We can discuss the Lurianic kabbalah and how it expanded further on the ideas of the Zohar.  We can discuss the Hassidic movement, and how it expanded on the ideas of the Lurianic Kabbalists.  We can discuss the Halachic literature and how it accepted the established Halacha as codified by the SA.  We can discuss the Mussar literature, and how it was affected by the Kabbalah.  However, I am going to skip all of that. The reason is because I have sufficiently demonstrated how this all came to be.  How the "sin" of spilling seed became established as a Halacha, despite not being mentioned in the Torah or even the Talmud.

Instead, I will in my next post discuss a little bit about the influences of the Christian world and the scientific world on the Jewish attitudes towards masturbation.  Then I will talk about some of the many "side effects" of this Halachic reconceptualization of the SA such as its influence on modern laws of birth control, fertility treatments etc...  Then I hope to discuss what the world of sexuality according to the Torah would look like if we had taken a different path and accepted the Talmud, Maimonides, the Ri Hazaken, and the Tosafot Rid etc... as the law of the land instead of the path taken by the Zohar and the SA.  I think some of my conclusions will be surprising, and certainly something to think about.

The Tur Interprets the Rambam

In this post, we will go back to Halachic world, and see how the conception of the prohibition against masturbation evolved as it became codified into law.

Rabbi Jacob ben Asher (RJBA) (1269-1343) also known as the "Ba'al HaTurim" was famous for being the author of the "Arba'ah Turim" or "The Four Pillars".  This work was hugely influential in the future development of Jewish law.  The format of this work became the blueprint for all major Halachic works until modern times.  One of the most important aspects of the Arba'ah Turim was that it served as a bridge that unified the two primary schools of Halachic scholarship that were beginning to grow further and further apart, the Ashkenezic and the Sephardic scholars.  RJBA was born in Cologne in Germany, but moved with his famous father, the "Rosh",  to Castile in Spain, so he drew his scholarship from both worlds.  He was famous for his reliance on Maimonides, but also how he describes the opinions of the Tosafists when there were disagreements.

A quick review of the development of the Halacha so far is important in order to understand the significance of this post.  We described how the Rambam understood the Talmudic objections to masturbation. The Rambam had basically three problems with masturbation. 

1. Sexual activity done in a certain manner in order to maintain a sexual relationship and thus avoid his obligation to procreate, even in the context of marriage.  This only applied to someone who hadn't yet fulfilled his obligation to procreate
2. Sexual activity that is done intentionally as a method of sexual gratification outside the context of of marriage, this was called "Ni'uf Beyad U'veregel" or "sex with hands or feet (or other limbs)" This, according to the Rambam, is problematic because it leads to and occurs in an environment of immorality and promiscuity, and a general lack of holiness.  
3. The third is that the Rambam, in line with the medical thinking of his day, generally felt that too much sexual activity had health risks. This would apply even to too much intercourse with one's own spouse, even in a completely permissible way.

What was not prohibited by the Rambam was sexual activity, done in the context of marriage, that results in ejaculation outside the vagina or otherwise cannot result in pregnancy.  Similarly, what was not prohibited by the Rambam, was masturbation by a single man in a way that would not result in promiscuity or immorality.  (This does not mean that the Rambam approved of this behavior, as he disapproved strongly of deliberately stimulating oneself sexually, and recommended early marriage and involvement in holier pursuits to keep one's mind away from thoughts that could lead to sin. It just means that there is no specific prohibition of "spilling seed").   

This was also clearly the opinion of the Tosafot Rid and the Ri Hazaken, and the general Halachic understanding even during the beginning days of the Chasidei Ashkenaz such as Rabbi Yehuda HaChassid. 

We also described how a new trend in Halacha began with Rabbeinu Tam's interpretation of Rashi to mean that any act of spilling seed that was not in "the normal way of intercourse" was a violation of the command to procreate. This was the first mention of a specific prohibition of "spilling seed".  We pointed out how the Chasidei Ashkenaz emphasized the holiness of avoiding arousing oneself and masturbation in general.  We saw how Rabbeinu Yonah then stated that the act of spilling seed as described by RT incurred the death penalty, and finally, how the Semak then codified it as a halacha.

Now let's turn to RJBA, whom I shall refer to as "the Tur" (short for his work Arba'ah Turim").  The Tur, in his usual style, brings direct quotes from the Rambam in order to present the Rambam's opinions on a halachic matter, and then he brings the dissenting opinions from both the Ashkenazic and Sephardic scholars.  He also often writes his own conclusions after discussing the Rambam's opinions and others. When it comes to our topic, the way that the Tur presents the Rambam is very different from the way we analyzed the Rambam in our previous posts.

Shilo Pachter, in his doctoral dissertation that I have quoted earlier in this series of posts, describes how through numerous subtle changes, omissions, and changes of context, the Tur presents the Rambam in a completely different light. I don't mean to suggest that the Tur deliberately changed the Rambam, rather, the Tur was writing after about two hundred years of influence of a sea change in Halacha with regard to the attitude towards masturbation.  Therefore he understood the Rambam very differently than we did.

I am only going to mention some of the points that Pachter makes, but hopefully enough to show what effect these subtle changes in the Tur's presentation of the Rambam had on the subsequent development of Halacha.

1. The Tur places these Halachot in the laws of Pru U'rvu (procreation).  This immediately gives the impression that the laws of "spilling seed" are meant to address married couples as well as single men.  This differs from the Rambam's placement of these laws in the Sefer Kedushah together with other proscriptions designed to help prevent immorality and promiscuity
   
   
2. The Tur, when quoting this Rambam, makes a subtle but very important word switch.
   
   "It is prohibited to ejaculate semen for naught, therefore a person should not have intercourse and then withdraw to ejaculate, one should also not marry a woman too young to give birth to a child. However, those who have sexual relations with their hands and thus ejaculate (outside of a woman's body) not only are they committing a prohibited act, but one who does should be isolated (from the community) and regarding such people it is said (Isaiah 1:15) "Their hands are stained with blood" and it is as if he is guilty of murder.  (Rambam, Laws of Forbidden Relations 21:18)"
   
   The word "Aval" which I translated as "however", is changed by the Tur to a simple "vav" meaning "and".  Although this seems like a small change, it is actually extremely significant.  Until now, we have understood the Rambam as discussing two different categories, separated by the word "however".  The first two cases, withdrawal and marrying a woman incapable of pregnancy were issues because a person was not fulfilling the Mitzvah of P'ru U'rvu. However,  "Ni'f Beyad U'veregel" ("sexual relations with hands or feet") was a problem that was prohibited because it would lead to promiscuity.  (Recall that the Rambam explained in his Pirush Mishnayot that Ni'uf Beyad refers to sexual contact with others that does not involve vaginal intercourse.)  By changing "however" to "and" the Tur is suggesting that Ni'uf beyad U'veregel is actually referring to masturbation and applies to married couple as well as singles.  The Tur does not mention the Rambam in Pirush Mishnayot at all.
   
   
3. The Tur does not quote the Rambam who permitted marrying a woman incapable of conceiving for someone who has already fulfilled P'ru U'rvu. This was one of the primary lines of evidence with which the Rambam made clear his understanding of what the prohibition of Hotza'at Zera was all about. That a sexual relationship with a spouse, done in such a way as to avoid fulfilling his obligation to procreate, is what the Talmud was condemning, as it is indicative of a marriage for the purpose of sexual pleasure alone.  The Tur completely leaves out this Halacha of the Rambam.
    
4.  The Tur quotes the Rambam with the new additional phrase that was not included in the original manuscripts of the Rambam.  This phrase was appended at the end of the Halacha where the Rambam explicitly permits all sorts of sexual activity with one's spouse.  The phrase reads: "as long as one does not spill seed in vain".  We discussed this phrase before, but according to the original manuscripts, the primary purpose of that entire statement of the Rambam was in order to permit sexual activities with one's spouse that do not result in pregnancy, including anal intercourse, and other practices.  Inserting that phrase completely turns the Rambam upside down. 
   
   
5. The Tur prohibits even a married person from touching his penis, thus prohibiting what the Talmud and the Rambam explicitly permit.  All of this was because of his fear that even a married person might commit this sin.  

The sum total of all of this (and many more subtle changes that Pachter records)  is that the Tur presents the Rambam as if he held like Rabbeinu Tam.  That spilling seed is prohibited even for a married couple, and that there is a specific prohibition against spilling seed that has a Torah origin, like Rabbeinu Yonah.

The Tur however, was aware that the Ri HaZaken expressly permitted extra-vaginal ejaculation for married couples.  So he brings the Ri HaZaken as a dissenting opinion.  The end result of the Tur's presentation is that we have the force of the Rambam presented as if it stands in opposition to a lone dissenting opinion of the Ri Hazaken.  The Tur therefore is deciding in favor of the Rambam, essentially squelching all future debate on this issue.

While the Ri Hazaken in our original analysis was simply following the prevalent and generally understood approach to this topic in the Talmud and the Rambam, suddenly the Tur has turned him into an outlying lenient opinion without too many legs to stand on.

As we shall see in a moment, the Beit Yosef is going to take it a step further and use the Kabballah to eliminate the opinion of the Ri HaZaken completely, and establish the Tur's rendition of the Rambam as the law of the land..

The Zohar and Lurianic Kabbalah

The influence of the Zohar on the future attitude of Jewish religious thinking regarding masturbation would be impossible to overstate.  I struggled for a while trying to decide how to present this material in a blog post, as the Zohar devotes an immense amount of attention to this subject.  I decided to give brief summaries of the basic concepts found in the Zohar, and I quoted the sources for those who want to do more research on their own.  To translate and quote each idea would make this a very long post indeed.

The Zohar's teachings on the subject of spilling seed is to be understood as a direct result of how the Zohar understands procreation in general.  Most importantly, it is based on the way the Kabbalists explained the origins of semen, and the process of bringing a new soul from the spiritual world into the physical world. I recommend that you review my summary of the Sefer HaBahir in the last post.  Everything else flows from there.  

No Seed is ever a "Waste"

Perhaps one of the most interesting aspects of the approach of the Zohar is the Zohar's rejection of the idea that masturbation is prohibited because of "wasting seed". The Zohar attaches such an intense importance to the act of procreation, that it would be impossible to assume that when one ejaculates that nothing important is going on. since the seed is endowed with a soul, it can't be that it is just being wasted.  Instead, the Zohar introduces an entirely different concept. When one ejaculates in the context of normal vaginal intercourse with his spouse, the soul that his seed is endowed with is holy, and implants in his wife to develop into a holy child.  However, the Zohar teaches, that when one masturbates, or has any other sort of prohibited sexual intercourse, the "soul" endowed in his semen is an evil spirit.  Although these evil spirits may not be visible to the naked eye, they indeed are created and they accompany this person throughout his life and indeed even after his death.   This has many important ramifications that we shall discuss.

The Evil Spirits Haunt Their "Creator" 

The Zohar describes in several places the punishments in store for one who ejaculates in any context other than "normal" intercourse with his spouse (see Zohar 2:263b for example)  These evil angels have become his tormentors, and they will haunt him forever. So the act of ejaculation always creates a spiritual being, it just depends on the individual if that will be a holy being or an evil one.  

Note how different this is from the term Rashi used in the "Rashi on the Rif" that we quoted earlier.  There he wrote that "wasting seed" that could have potentially been a child is destructive because it is "wasted." This sounds like a potential human being has been lost, but nothing else was created in its' stead.  However, the Zohar is more concerned about the actual evil creations that the spilled seed is responsible for creating.

Masturbation Becomes One of the Arayot

Another result of the Zohar's conception of ejaculation, is the reclassification of masturbation in the category of one of the forbidden sexual relationships.  The Zohar spiritualizes the act of illicitly ejaculating semen that is not in the context of "normal" procreative intercourse with a spouse.  Since all such acts create evil spirits and demons, they are all similar sins.  For example, in Zohar 2:264a it is lumped together with bestiality, forbidden relationships, and more.

No Path for Repentance

In several locations, the Zohar makes an extraordinary and frightening claim, and unlike all other sins, masturbation is unique in that the perpetrator is denied the ability to repent.  This conclusion follows from the Zohar's understanding of this act.  Since each "seed" is a potential holy child, when has has the wrong intentions and spills the seed, that child is therefore "killed" and in its' stead an evil angel is born.  How could there ever be penance for such an act? In the Zohar 1:219b it is explicitly stated that for this sin alone, there is no repentance available.  Indeed, the violator is even worse than one who murders another person, for which there may be repentance available.  As he is killing his own children!  The Zohar uses this identical language in Zohar 2:3b to describe an abortion, indicated that the Zohar equated the two.  Interestingly, this is the only reference in the entire Zohar to abortions.  (See my previous posts regarding the comparison between "wasting seed" and abortions.)

If this idea sounds remarkable to you, let me emphasize that the Zohar asserts this claim in several places, including at length in Zohar 1:61b-62a.  However, in Zohar 2:214b, the Zohar seems to state that repentance is possible, though there the reference is to the sin of "Pegam HaBrit" (which we first saw introduced by Rabbi Joseph Gikatilla) which includes sexual sins other than masturbation as well.  Regardless, the fact remains that in several places the Zohar stated unequivocally that Teshuva - repentance is impossible.

Hotza'at Zera Becomes More Inclusive

Just as the idea of Pegam HaBrit found its' way into the Zohar, so did the idea expressed in the Igeret haKodesh that Hotza'at Zera Le'Vatalah could refer to any type of intercourse that isn't proper, even if it is normal vaginal intercourse. (see Zohar 3:90a).  If the intentions aren't proper, or the relationship is inappropriate, evil spirits are created instead of a child, and one is guilty of spilling seed.

Creating Holy Angels 

This idea of the Zohar does explain one conundrum that was a problem when we explained Rabbeinu Tam earlier on.  If "wasting seed" is a problem because a potential child is being "destroyed, then how can any intercourse be permitted when a child cannot result?  How could one have sexual relations with one's spouse if she is pregnant or postmenopausal for example? If you recall, Rabbeinu Tam explained this by differentiating between "normal intercourse" and "not normal intercourse", but this still left us wondering why that would be. 

However, the Zohar has a convenient explanation for this.  Just as when one "spills seed" he creates spiritual demons that he cannot see, so to when one has appropriate "normal" intercourse with one's spouse, they create holy angels that cannot be seen.  So any intercourse that is appropriate is never a "waste".  (See Zohar 3:167b - 168a).

There are many other ideas expressed by the Zohar on this topic, but I think we should move on to the next major step in the history of the influence of Kabbalah on the laws of spilling seed.  That step is the established of the next great Kabbalistic movement, that of Lurianic Kabbalah in Safed.  

The Mystics of Safed and the Canonization of the Zohar

Tragically, not long after the publication of the Zohar, the Jewish world was crushed by the horrific tragedy of the Spanish inquisition and the expulsion from Spain. Of the Spanish Jewish refugees, some eventually made their way to Safed in the Galilee region of Israel. Along with the refugees also went the wisdom of the Spanish kabbalists, especially the book of the Zohar. In Safed the school that became known as the Lurianic school was to become the dominant force in Jewish mysticism until the Hassidic movement in Eastern Europe in the 18th century.  Among the key figures in this school were none other than Rabbi Shlomo Alkabetz (1500-1576, the author of the famous Lecha Dodi sung in synagogues on Friday night),  Rabbi Moshe Cordovero (1522-1570, the teacher of Rabbi Isaac Luria and considered the founder of the Lurianic school), Rabbi Isaac Luria (1534-1572, also known as the Arizal, perhaps the most famous of the Safed Kabbalists and after whom the Lurianic school was named), and  Rabbi Chaim Vital (1542-1620, the Arizal's most important disciple, and the one who recorded in writing the teachings of the Safed school).

It is not necessary for us to delve deeply at this time into the philosophy and teachings of the Lurianic school.  Regarding the issue of masturbation specifically the Lurianic school continued to develop the same basic themes that we mentioned in our discussion of the Zohar.  However, what the Lurianic school did accomplish was that the Zohar became established in the Jewish canon of standard rabbinic texts. The scholars of Safed were responsible for making the Zohar accepted almost universally in the rabbinic world as a work with origins as ancient as the Mishna and Talmud, rather than a product of medieval Spain.

Among all of the famous scholars of this period in Safed, the most important figure for the purposes of our investigation, is Rabbi Yosef Karo (RYK) (1488-1575), the author of the Beit Yosef and Shulchan Arukh. These Halachic works, perhaps with the exception of Maimonides Mishnah Torah, had more influence on the development of Halacha than any other work in Jewish history.  Rabbi Yosef Karo was also a Kabbalist of note, and absorbed the Lurianic system of Kabballah directly from its' masters in Safed.  

RYK brought the Zohar to bear directly on his Halachic treatment of the topic of spilling seed.  However, before we see how, we will need to leave the Kabbalistic universe and go back to the parallel Halachic universe that we left behind a few posts ago.  We have to follow the Halacha through the Rosh, the Tur and then we will see how the Beit Yosef took the Halachic world of the Tur, and the Kabbalistic world of the Zohar and brought them together. 

 

The Spanish Kabbalists, the Science of Semen, Pegam HaBrit and more Concepts are Born

While the Halachic world was evolving its definition of "Hashchatat Zera" and eventually  codifying it as law, the parrallel world of Kabballah was coming into its own as a major force in Jewish religious life.  We have already discussed the Chasidei Ashkenaz in France and Germany who were an important influence in the early "pre-Zohar" development of Jewish mysticism or Kabbalah. However, as great as the influence of the Chasidei Ashkenaz was, it is nothing compared to the influence of the Spanish Kabbalistic masters. This movement reached its apex with the publication of the Zohar by Rabbi Moshe de Leon in the late 13th century.  It would be impossible to overstate the sea change in Judaism that the Zohar was going to cause.

The subject of the true author and origins of the Zohar is not one I plan on dealing with here.  For our purposes, it is simply important to note that it was publicized in the late 13th century. For more on this subject, Rabbi Natan Slifkin has a few citations here that might help you begin to research the topic.  Today's post will be devoted to pre-Zohar Kabbalistic writings.  These were mostly works that began to appear in the 12th and 13th century Spain and were the milieu within which the Zohar appeared at the end of the 13th century.  The famous Kabbalistic scholars of this time in Spain that I will mention (or already have mentioned) in this blog include:

1. Rabbi Isaac the Blind (1160-1235) while he was a Rabbi in Provence, Southern France, he was very much in the Spanish "camp" being the son of the famous Ra'avad (yes, the same ra'avad who wrote the glosses on Maimonides' Mishna Torah), and Provence was close to Spain, geographically, culturally, and religiously
2. Rabbi Ezra ben Solomon of Gerona (mid-12^th century to 1245?) Student of Rabbi Isaac the Blind, possible author for many Kabbalistic texts of the period that are unattributed.
3. Rabbi Joseph ben Avraham Gikatilla (1248-1305?) (author of Sefer Ginat Egoz and others)
4. Rabbi Moshe ben Nachman (1194-1270), also known as Nachmanides, or the "Ramban" who was clearly the most famous of all of the Spanish kabbalists. He was probably the most important scholar that legitimized the study of Kabballah and brought it into the mainstream.  He flourished during the years immediately prior to the publication of the Zohar.  There is no evidence that he ever saw the Zohar, though there are certainly parallels between his writings and the Zohar.  While various traditions and stories abound about his possible involvement with the Zohar, there is no way to prove any of them correct.
5. Rabbi Joseph of Shushan (1260's? - 1340's?) who was a Castilian Kabbalist who almost certainly did not come from Shushan (in Persia) at all, and generally assumed to be one of the scholars involved in writing of or editing of the Zohar along with Rabbi Moshe de Leon
6. Rabbi Moshe de Leon (RMDL) (1240-1305) Most famous as the one who publicized the Zohar.  Many scholars attribute the authorship of the Zohar to him, and to the group of kabbalists who gathered around him. However, it was presented by RMDL as an ancient work written in the Tannaitic period by Rabbi Shimon bar Yochai.  

I am going to reference several Kabbalistic works of this period which have significant bearing on this subject.

Sefer HaBahir

This work is traditionally attributed to Rabbi Nehunia ben Hakaneh, a venerable sage from the Mishnaic period in the first century, hence it is also known as the Midrash Rabbi Nehunya ben Hakaneh. The Ramban accepted this identification of authorship of the Sefer Habahir. However, it first appeared in public in the Provence school of Kabbalists (remember how I told you before that the Provence school and the Spanish schools were closely related) sometime late in the 12 ^th century.  Some scholars have attributed its’ authorship to Rabbi Isaac the Blind, while others claim that it is based on pieces of earlier Kabbalistic works that go back at least to the time of the Geonim.

The Sefer Habahir does not discuss masturbation. However, it is nonetheless extremely important to understanding how the Kabbalah deals with the issue of ejaculation, insemination, and procreation.  The Sefer HaBahir, as you shall see, lays the foundation upon which almost all of “Zoharic” and “Lurianic” Kabbalah is built when it comes to the issue of the “male seed”.

In Kabbalistic thought, the acts of human beings reflect the spiritual realms above, and the most important manifestation of this is in the act of creation of a human being. When a man has intercourse with his wife, he is engaged in an act of creation.  While the soul comes from above, his acts are what brings that soul from God into this world.  The man is the giver, and the woman is the acceptor.  

The Sefer haBahir (In Piska 46, Abrams edition 1994) describes the semen as a product of the entire human body. This directly reflects the contemporaneous medical understandings of the origins of the sperm. His entire body produces seed, which is then coalesced in the brain, and then after it is all gathered into a seed and the soul is attached to the seed through his holy thoughts and intentions, it travels through the spinal cord, into the penis, and then into the receptacle, which is the woman’s vagina.  This is kabbalistic science of reproduction 101.

If he has holy and proper thoughts, than when the seed coalesces in his brain, it will be given a new holy soul by God, and that soul will be implanted into the woman to grow.  If he does not have holy thoughts that soul may be a reincarnation of someone who needs punishment, or an evil soul or something else.

This concept is very important to understand, as it is going to seriously affect how the “spilling of seed” is going to be dealt with in all subsequent Kabbalistic literature.  It is also fascinating how what as essentially a secular concept of understanding became a mystical concept with such power and influence over the Halacha.  The ideas expressed above have their origins in Hippocrates, Aristotle, Plato, Democritus, Galen, and other medieval scholars/philosophers/physicians who followed in their footsteps.

Iggeret HaKodesh

The Iggeret Hakodesh (IH) was an extremely important document that almost certainly arose sometime during this period in Spain, probably sometime during the 12 ^th century.  Its authorship has been variously attributed to the Ramban, Rabbi Joseph ben Avraham Gikatilla, Rabbi Ezra ben Solomon of Gerona, and others.  This letter was heavily influenced by the Kabbalistic beliefs about sexual relationships, and had a significant impact for many centuries to come.

Partly as a consequence of the understanding of sex that we described above from the Sefer HaBahir, the holiness of the sex act is obvious.  The author of the IH did not appreciate the austere and scientific attitude of the philosophers like Maimonides who felt that the act of sex was somehow a base and lowly act that may even have negative health impacts.  For a kabbalist, the act of intimate relations between husband and wife was purely holy and special, and should be treated as such.

However, as the seed coalesced in the brain, and was endowed with the soul from God Himself, it was considered crucial that only proper thoughts of holiness and love were present.  If one’s mind was full of bad thoughts and intentions, or if the relationship was improper, bad things would result.  The IH then makes a claim which doesn’t fit well with the Talmud, but fits very well with this understanding of the IH.

… (after explaining the holiness of a proper sexual act and the resulting seed with a holy soul) ... But when a person does not have proper heavenly intentions, that seed which is drawn from him is a putrid drop, and it is called destroying seed upon the land (as stated by the generation of the flood), and the entire resulting seed is for naught and it plants an asheira (an idol-tree) … because it is a deficient seed … and God has no part of this … (IH, in Kitvei HaRamban, Chavel edition page 326

This really changes the concept of “wasting seed’ as it understands that even in normal intercourse, with the wrong intentions, it would be considered “wasting seed” as well.  But more importantly, we can really start to understand why the later kabbalists were so against wasting seed.  If this seed was truly a product of the entire body endowed with a soul by God, it makes sense that they would consider “destroying” the seed to be a grave sin.  Furthermore, although most scholars don’t believe that the Ramban was the author of the IH, it is not surprising that both the IH and the Ramban understood that the was the sin of the generation of the flood.   If any improper sexual behavior is in the category of “wasting seed”, then when the Torah says that the generation of the flood was “hishchitu darkam” (corrupt ways) that this was in the Ramban’s Kabbalistic mind the same as saying that they wasted seed.

Furthermore, when the IH mentions the “putrid drop” he is clearly referring to the Mishna in Avot as follows:

Akavyah ben Mahalalel said: mark well three things and you will not come into the power of sin: Know from where you come, and where you are going, and before whom you are destined to give an account and reckoning. From where do you come? From a putrid drop … (Avot 3:1)

While this is a not specifically a halachic statement, it certainly does not sound like Akavyah ben Mahalalel had this lofty view of the holiness of semen like the Kabbalists were describing.  In order to answer this seeming contradiction, the IH tells us that it depends on your thoughts. If your thoughts are holy, the seed is holy, if your thoughts are impure, then it is a “putrid drop”  

Rabbi Joseph Gikatilla (RJG) and “Pegam HaBrit”

While RJG does not speak directly about the specific prohibition of “wasting seed”, he is the origin of another Kabbalistic concept which had much influence on the later Kabbalistic ideas regarding this subject.

In his work Sha’arei orah 24a-b, he introduces the Kabbalistic concept that eventually became called “Pogem Be’brit” or defiling the covenant.  This is the idea that when one commits a sexual sin, he is defiling the covenant which is represented by his circumcision. This idea had huge influence on later Chassidic thought, especially in that of Rabbi Nachman of Breslov. RJG applies this idea even to improperly touching oneself when urinating and more.

Rabbi Moshe de Leon (RMDL) and Rabbi Joseph of Shushan (RJS)

Both RJS and RMDL were involved in the group of Kabbalists from whom the Zohar emerged.  Obviously it was RMDL who ultimately brought the Zohar to the attention of the general public. In their own personal writings, both of them addressed the topic of wasting seed and RMDL devoted quite an extensive amount of writing to the subject. The take home message from their writings is that the topic of wasting seed in their writings went from being a side note regarding proper sexual behavior to being a full blown major subject whose importance and severity expanded into areas completely unimaginable in the corpus of Jewish literature in previous times.  RJS for examples lumped bestiality and masturbation in the same category of corruption, while RMDL devoted chapters of thought on all of the terrible consequences of the sin. 

Ultimately though, it was the book that these scholars revealed to the world that was going to change everything, the Zohar. We will deal with this in the upcoming post.

The Transition to one of the Ten Commandments - Rabbeinu Yona of Gerondi, the Semak, and more

The influence of the Chasidei Ashkenaz was not limited to French and German Jewry.  Their Sephardic brethren to the South were in close contact, and students would travel in both directions from Spain to France and Germany to study under the great masters of each of these schools.  The most famous, and arguably the most important Spanish scholar to attend a yeshiva among the Tosafists in France was Rabbi Jonah ben Abraham of Gerona (1200-1263), also known as "Rabbeinu Yonah" (RY).  RY, became a bridge between the more mystical, and less "rationalistic" thinkers of the Tosafists, and the more "rationalistic" and worldly Spanish scholars.  This impact was going to be profound and extremely important in understanding how Halacha in general developed over time. This impact was obviously much broader than just on the issue of masturbation, but we can almost use this topic as a case study for the development of Halacha in general.

In his early life as a young yeshiva student, the young RY was a member of one of the greatest rabbinic families in the history of Jewish Spain. His first cousin was none other than Nachmanides, Rabbi Moses ben Nachman, also known as "the Ramban", perhaps the greatest Spanish Rabbi of all time (Nachmanides' mother was the sister of Rabbi Abraham - Rabbi Jonah's father).  The young Jonah went to study in France at the Yeshiva of Evreux in Normandy, France.  The leaders of the yeshiva in Evreux were the two brothers Rabbi Samuel ben Shneur and Rabbi Moses ben Shneur of Evreux.  Both were well known Tosafists, and both were heavily influenced by the dominant social and religious force in Ashkenazic Jewry at the time, the movement of the Chasidei Ashkenaz.  It was here that Rabbeinu Yonah absorbed the spirit of the "Ashkenazim".  He later went south, closer to his native Spain, and studied under another Tosafist, Solomon ben Abraham of Montpellier, also known as "Rabbi Shlomo min Ha'har " (Rabbi Solomon "from the mountain"). The geography is very important here, because Montpellier is in southern France, much closer to Spain than Evreux, and was a point of frequent contact between the Tosafists and their Spanish brethren.  

The clash over the works of Maimonides is of course the most famous result, and one of the most catastrophic events in the history of Jewish scholarship in the middle ages.  RY's life and legacy is almost defined by this event.  Imbued with the mystical and more literalistic teachings of the Tosafists, it is not hard to understand how Rabbeinu Yonah initially reacted to the much more rationalistic and philosophical ideas of Maimonides.  This dispute spilled into the public arena, and tragically led to the involvement of the French Catholic authorities.  The French Church was quite happy to join in the condemnation of the philosophical works of Maimonides, considered to be the greatest Jewish scholar of the middle ages, perhaps the greatest of all time.  Largely due to the instigation of RY, the French authorities publicly burned the works of Maimonides in Paris in 1233.

The Jewish public was horrified by this defilement of one of the greatest Jewish leaders of all time.  Their anger was directed against RY for instigating this horrific desecration.  To his credit, RY took responsibility for the desecration, and he stood up publicly in front of the Synagogue in Montpellier and expressed remorse over his terrible mistake.  He spent the rest of his life studying and teaching the works of Maimonides and devoted himself to teaching repentance and fighting for social justice. He promised to travel to Israel to the grave of Maimonides to beg his forgiveness, but unfortunately died along the way.

Although he did not make it to Maimonides' grave, he did leave behind a great legacy for us all.  He taught us that even after doing a terrible deed, one can devote himself to good.  He left behind perhaps the most famous work in the Jewish literature on the subject of repentance, "Sha'arei Teshuvah", "the Gates of Repentance". His teachings on social justice have had a lasting impact.

In his work, Sha'arei Teshuva, he lists the sins for which one incurs the penalty of "Mitah Ba'Yedey Shamayim" or "death by heavenly decree" (MBS).  RY divides MBS into two categories, those sins that incur MBS which are listed as such by Chazal, and those which are not listed by Chazal but can be derived from other sources.  Among the sins which he derives from other sources, he lists masturbation as follows:

.... One who has sexual relations with a child, and one who has sex with his hand or foot (presumably by sexual contact with another but not actual intercourse), and our rabbis of Blessed memory stated that his punishment is like the punishment of the generation of the flood because they ruined their normal way (and had sex with children and sexual encounters with others by using their hands etc..) and similarly someone who does the actions of Er and Onan, where they withdraw and ejaculate in order to destroy the seed incurs the death penalty, as it states, "and it was bad in the eyes of God that which he did (Onan) and he killed him as well" and this refers also to those that emit semen for naught ...(Sha'arei Teshuva 3:112)

It is important to note that RY has divided this sin into two categories, the first is referring to sexual abuse of children, and promiscuous sex with others that involves ejaculation through using "hands and feet" or any sort of sexual activity other than vaginal intercourse.  This was how he understood the sin of the words "Hishchitu Darkam" or they "ruined their normal way" of the generation of the flood.  The second category was the emission of semen for naught, in which he included withdrawal prior to ejaculation, and anyone who "spills seed".  In the Sefer Hayirah, RY makes it clear that he understands that there is a separate sin of spilling seed even in the context of an appropriate relationship:

...(when one is having relations with his wife) he should not intend to do the act just for his pleasure (but rather with the intent of fulfilling the mitzvah) and he should be as cautious as he possibly can be not to emit his semen for naught... (Sefer hayirah p50)

We can derive several innovations from RY, which further advanced the prohibition of "spilling seed" in these very significant ways:

1. RY has now officially declared that there is a separate sin of "spilling seed" that is not related to the immorality issue or the issue of not fulfilling the mitzvah of procreation. In this he follows that lead of Rabbeinu Tam (RT), but takes it further than RT, as in the following item #2
2. Unlike RT who assumed that the sin of spilling seed was related to the mitzvah of procreation, RY now has stated that it has its' origins in the sin of Er and Onan.
3. Now that spilling seed is related to Er and Onan, he incurs the punishment of MBS, the heavenly death penalty.  RY is the first to directly relate the death penalty to spilling seed.
4. RY therefore also concludes that this sin of spilling seed applies even in a normal marital relationship

It is truly astonishing how an activity that was completely permitted by the Rambam, Tosafot Rid, Ri Hazaken, has now been declared an actual Torah prohibition with the death penalty.

The final step in the evolution of the prohition was to use the term first found in Rashi, "Hashchata" and to translate the two places in Genesis where this term is used as a reference to the sin of spilling seed. Those two places are:

When God saw how corrupt the earth was, for all flesh had corrupted its ways on earth (Genesis 6:12)

But Onan, knowing that the seed would not count as his, wasted to the ground whenever he joined with his brother’s wife, so as not to provide offspring for his brother. (Genesis 38:9)

Until now the term Hashchata when used in reference to the flood, was understood to mean a general immorality or "corruption".  The term as used in the story of Onan, clearly referred to the withdrawal method, and the problem was understood as a rejection of the purpose of a relationship, to procreate. Onan had made it into a purely sexual relationship, and he refused to have children with her.  However, now the term "Hashchata" means "spilling seed".  

The logical next step is to assume that even the generation of the flood was killed because of masturbation.  RY's first cousin, Nachmanides (Ramban) does exactly that in his commentary to the Talmudic passage in Yevamot, where Rabbeinu Tam first raised the idea that "spilling seed" in and of itself was a sin.  Ramban disagrees with RT's assertion that the source of the sin is from the mitzvah of procreation, from which he derived that only men are prohibited from destroying seed and not women. Rather, Ramban says that the prohibition derives from the generation of the flood, which included the entire generation, men and women.

The first strictly Halachic work that finally codified this new understanding was the "Sefer Mitzvot Katan, known as the "Semak" by R' Isaac ben Joseph of Corbeil (d.1280). He writes:

One may not destroy seed, as it says "One may not commit adultery - one should not give pleasure to the nose, like those who emit seed with their hands and feet, and regarding this the Rabbis taught, One may not commit adultery - this is a warning to someone who helps others commit adultery. and when one destroys seed, he is (violating) something for which he incurs the death penalty, as it says (by Onan) and God killed him as well... (Sefer Mitzvot Katan, Lo Ta'aseh 292)

The Semak is the final step in the process that begun with Rashi using the term "hashchata", destroying seed.  The main points we learn from the Semak's few words are as follows:

1. The sin referred to in the Gemara Nidah of Hotza'at Zera Le'Vatalah is synonymous with Hashchatat Zera - "destroying seed"
2. The origin is in two Rabbinic interpretations of one of the ten commandments, "Lo Tinaf" Thou shalt not commit adultery
3. Spilling seed and the death penalty has now been codified in a halachic work.

I cannot complete this post without commenting on the two sources that the Semak used to relate wasting seed to the commandment of adultery go without comment.

His first was from Pesikta Rabbati 24.  The Pesikta there presents a play on the words "Lo Tinaf" and derives from there the lesson, "Lo Teheneh L'af” which I translated as "don’t give pleasure to the nose". I know this sounds strange to those not familiar with rabbinic exegesis. What they meant to say was that "the nose" is a reference to God's anger.  The context of the Pesikta there to learn a lesson from the commandment not to do things that will make God angry.  Based on the context, it would mean not to engage in things which may not exactly be adultery but can lead to an atmosphere that would make God upset, presumably because it could lead to adultery occurring.  The Semak is deriving from here that wasting seed is a sin.

The second was from the Talmud Shevuot 47b.  Here again the Talmud was using classic Rabbinic exegesis to derive a lesson: 

Shimon ben Tarfon said, There is a warning (in the Torah) against one being an accomplice to an adulterer, as its states, Lo Tonaf (which can also be read as) Lo Tannif (one should not help others commit these sins) 

Neither of these quotes say anything about spilling or wasting seed, neither are even Halachic statements, and both are simply warning against being involved in creating a promiscuous and immoral environment.  But after the Semak, they have become new source texts in the Torah itself. Now masturbation has made it into the ten commandments!

We have thus seen how spilling seed has entered the world of the Halacha. In our next post, I will take a break from the Halachic process, and look a bit at how the mystical world of the Kabbalah influenced the development, and also take a look at the Christian influence, and the influence of the world of secular medical knowledge as well.  We will eventually get back to the Halachic process and trace the sin as it gets pushed forward into the major codifiers, the Tur, Shulchan Arukh, and beyond..