Thursday, March 16, 2017

"Tum'ah Ve'Taharah" Ritual Uncleanliness and Spilling Seed

Before I begin the topic of today's post, I would like to add a source to illustrate the point I was trying to make in the last post.  If you recall, I developed the idea that the Zohar, and it's interpretation of the Parsha of Onan, became highly influential in how we view the sin of Onan.  This is turn influenced our interpretation of halacha to the extent that the sin of masturbation has become identified with the sin of Onan.  This is true, even though it is quite clear that the sin of Onan was clearly not that he masturbated and spilled seed, but rather that he refused to carry on the name of his brother.

The best example of this is the Kitzur Shulchan Aruch.  The Kitzur was one of the most influential works of Halchah of the 19th and 20th century, and acted (and still does) as a practical halcahic guide for generations of Halacha-abiding Jews for generations.  Here are his words (my translation) 150:1
"It is prohibited to waste seed. This sin is more severe than any other sin in the Torah. These (or this refers to:) are those people who commit adultery with their hands and spill their seed for naught. Not only is this a severe prohibition, but the one who does this is excommunicated, and regarding these people it is said "Your hands are filled with blood" and it is as if he is guilty of murder. See what Rashi writes about this is Parshat Veyeshev regarding the story of Er and Onan who died due to this sin. Sometimes, do to this sin, one's children may die when they are young, or they will be ill, or a person will sufffer from poverty."
There is SO much that can be said about this quote, but the points I would like to make are the following.  A practical Halachic work of incredible influence has just taken the theme of our last post full circle.  The sin of both Er and Onan was spilling seed (specifically by masturbation) .  It is akin to murder. One suffers horribly from it. He even interprets Rashi this way, although that is far from clear - as we saw in our last post.  The ultimate source for everything in the Kitzur Shulchan Arukh and the interpretation of the parsha is completely and totally taken from the Zohar.  This clearly and undeniably demonstrates the point I was trying to make.

Now I would like to move on to an area of influence that we are not used to talking about when discussing practical halacha in modern times.  The laws of Tu'mah ve'tahara, or ritual uncleanliness.  Ritual uncleanliness is a concept that was at one time in our history highly influential in the day to day practice of traditional Jews.  Especially during the time of the Bayit Sheni, it was the reason our ancestors, the forebears of what eventually became Halachic Judaism, were called "perushim" or Pharisees in the secular literature.  However, we no longer adhere to these rules, for reasons which are beyond the scope of this blog.  However, there are a few areas where the influence of the laws of Tu'mah ve'tahara are still felt in our days, and our current topic is one of them.

 In Vayikra 15 we have the following three verses (cut and paste from JPS 1917 edition):
"16 And if the flow of seed go out from a man, then he shall bathe all his flesh in water, and be unclean until the evening. 17 And every garment, and every skin, whereon is the flow of seed, shall be washed with water, and be unclean until the even. 18 The woman also with whom a man shall lie carnally, they shall both bathe themselves in water, and be unclean until the evening."
The meaning of uncleanliness is a topic which is beyond the scope of this blog, but there are several observations that are very relevant to our discussion here.  First of all, this verse is clearly referring to "seed" that has been ejaculated in any way, both through normal marital intercourse, and through masturbation. Indeed, this "uncleanliness" even extends to the woman who has seed inside her vagina due to normal intercourse.  It is therefore clear that this seed makes one "unclean" even after doing what is traditionally considered a great Mitzvah, an obligation upon every man to procreate and engage in normal sexual activity to enhance his relationship and to satisfy his and his spouses normal sexual needs.  This is similar in many ways to the "uncleanliness" that comes upon a person after engaging in one of the greatest and most holy deeds that one can possibly do, that of taking care of a human body after death.

Why it is that a great mitzvah can bring one to "uncleanliness" is beyond the scope of this article, but it has been the topic of many a sermon over the years.  For our purposes here, as a blog dedicated to Halachic Rationalism, I just want to point out that ritual "uncleanliness" and whether an act is prohibited halachically have very little correlation to each other.  Nonetheless, for whatever reason, in the area of spilling seed, the topic of uncleanliness has had significant influence in making the act of masterbation quite "taboo".

The uncleanliness that the Torah refers to prohibits a Kohen from performing the Avodah, and indeed anyone from entering the Har Habayit.  It prohibits a person from coming into contact with holy items related to service in the Beit HaMikdash.  None of this has relevence in our time, and does not relate to what a person is allowed to do or prohibited from doing.  However, it is well known that Ezra HaSofer decreed that one who is Tameh from spilling seed cannot read from the Torah (Berachot perek 3). It is also well known that this Takanah did not stand and is no longer relevent today (Talmud Berachot 22a, Rambam Hilchot K'riat Shemah 4:8).

None the less, it has become the practice of many Jews, mostly Chassidic Jews, to go to the mikvah every day in order to fulfill the Takanah of Ezra.  It would be difficult to overstate the impact of this custom of going to the mikvah on the overall idea of the prohibition and "uncleanliness" associated with the "emission of seed".  In the mind of most people, one is not only washing away ritual uncleanliness, but one is washing away sin.  This is true despite the fact that the "uncleanliness" is sometimes a result of one of the greatest Mitzvot, and therefore is not at all related to sin and prohibition.

The sifrei Chassidut, and the works of the Mekubalim of Tzefat, often intertwine the issues of tum'ah with the sin of  wasting seed.  At the same time, the special holiness of the marital act is considered something which brings purity and holiness to the world.  One would get the impression from reading these works, that Tum'ah only comes from the "wasting" of seed, and not from normal marital intercourse.  This point was made by Shilo Pachter in the thesis I mentioned in the last post.  He brings the extremely influential source the "Igerret HaKodesh" which served as the basis for almost all Kabbalistic discussions of sexual intinacy that succeeded that work (origin is in the 13th or 14th century and variously attributed to several different Kabbalists).

The point that I would like to make is as follows.  The emphasis of today's Chassidim on takanat Ezra is one of the very few modern remnants of the practice of Tum'ah ve'tahara.  If you combine this with the association of tum'ah as coming from sin that was emphasized by the kabbalists, one gets a sin that carries a huge amount of "metaphysical weight". In the non-rationalistic world of right wing Orthodoxy today, this makes this quite a scary sin!

None of this of course, has any real Halachic weight.  Tum'ah, we have shown quite clearly is not a result of doing prohibited acts. The practice of mikvah in modern times for takanat Ezra, is not Halachically required, and even if it is recommended for some spiritual reason, certainly has nothing to do with the sin of spilling seed (as it would apply to one who engaged in normal marital intercourse as well).

In the next post I hope to begin the Halachic discussion of the origin of this sin as interpreted by the Halchic sources.  This will obviously take a while, so I hope you are ready for a nice ride.

Sunday, March 5, 2017

Biblical Sources and the Story of Onan

It is always a challenge to figure out where to start when discussing a topic as vast as masturbation in Halachah, so the best approach is to start with the first major verses of the Torah that are relevant to the topic, the story of Onan in the Torah.  This is the first, and most explicit mention of the "destruction of seed" in the Torah, and any search for a biblical source for this prohibition has to start here.

I have found over the years that it is useful to divide any study of a parsha in the Torah into two distinct categories.  There is what I will call "parshanut"  and what I will call "halachic".  I know that many traditional sources like to discuss "pardes"  which divides the meaning of each pasuk into four categories Pshat - the simple meaning, "Remez" - the meanings that are only hinted at but not explicit, "derush" - usually moral messages one can derive from the verse, and "sod" - usually referring to hidden kabbalistic meanings.  However, I find that it is more useful to lump all of those four categories into one and call it "parshanut".  

Parshanut in my scheme refers to the entire body of literature that studies and explains the pasuk.  This encompasses a huge range of styles, traditions, and methods.  The range includes all the way from Lurianic Kabbalah to Rationalistic Rishonim to scientific and historical scholarship.

Halachic refers specifically to how a pasuk is used to derive practical Halachah.  This generally follows the familiar accepted pattern from the Talmudic interpretations to the rishonim, Rambam, acharonim, Tur, Shulchan  Aruch, poskim, she'elot v'teshuvot etc...

I am going to start with an analysis of the "parsha" of Onan from a parshanut perspective.  Obviously, it would be impossible to do a comprehensive treatment of this (or any) parsha in the Torah on this blog in a post like this.  However, I do hope to give a general taste of how this parsha has been and can be interpreted and explained from several major vantage points.  I will start of course, with basic p'shat.  By "p'shat" one means a simple reading of the text, according to the principle "ein mikrah yotzey midey peshuto".

The best treatment I have ever seen of this parsha from a "p'shat" perspective is found in the doctoral thesis of Shilo Pachter entitled "Shemirat HaBrit" and submitted December 2006.  I don't have an online link to this paper, which is recommended reading for anyone who wants to research this topic, but I can send a copy of her paper to anyone interested by email, so feel free to request it.

To summarize her approach, a reading of the parsha makes it clear that the Torah is trying to emphasize the importance of the continuation and perpetuation of the family's lineage.  The sin of Onan was clearly, according to the pasuk, due to the fact that he did not want to contribute to the perpetuation of his deceased brother's name.  He therefore "spilled his seed" instead of allowing Tamar to become pregnant.  The rest of the parsha continues with this theme, and demonstrates how God's plan to bring forth the future Kings of Israel, and indeed the Moshiach himself, continued through Yehuda and Tamar.  The sin of Onan then, according to p'shat, was that he did not want to do his part in the continuation of his family's name and mission.

Next I would like to mention the Kabbalistic approach to this parsha,  In this analysis, I do believe that this approach is particularly important.  That is because I believe that the influence of Kabbalah upon the development of the halachic approach to masturbation has been very influential.  As we continue to delve into this subject, I hope to demonstrate this.

The Kabbalistic approach obviously has gone through many iterations over the years, Lurianic Kabbalah, Hassidic approaches (both Chabad and "non-Chabad"), and other schools of Kabbalah.  However, they all begin with the foundation text of the Kabbalah, the Zohar.  So I will bring here my own translation of the Zohar's words on this parsha. By no means do I pretend to think that this constitutes anything close to a full analysis of the parsha of Onan in Kabbalistic sources.  However, I do believe that it will be exceedingly clear from the "get-go" how the Zohar, and almost all Kabbalistic works that follow on its heels, view the meaning of the sin of Onan. Here is my translation:
"Genesis 38:10 "and it was evil in the eyes of God, that which he (Onan) had done, and God killed him as well" ... and come and see, among all of the sins that one can contaminate himself with in this world, this sin is the one with which a person can contaminate himself the most, both in this world, and in the next world. One who spills his seed for waste,  and draws out his seed with his hand or leg and contaminates himself with it. as it states (Tehillim 5:5) "For you are not a God that desires wickedness, and evil does not reside with You" Therefore, such a person will never merit to see the "Atik Yomin" (the presence of God that the righteous will see in the next world), As it is written here "Evil does not reside with You" and it also states here that (Genesis 38:7) "and Er the first born of Yehuda was Evil in the eyes of God (here the Zohar is making the assumption that the sin of Er was the same as the sin of his younger brother Onan - which the Torah does not explicitly state, but the Zohar - and the Talmud as well as we shall see - make this assumption - RMH).  Regarding this it is also written, (Yeshayahu 1:15)  "Your hands are filled with blood"
The Zohar is making several assumptions and assertions that are by no means reflected in the text of the Torah, but it forms the basis of all subsequent Kabbalistically influenced understandings of this parsha.  The Zohar assumes that:

  1. The sin of Onan is the sin of "wasting seed" (as opposed to the sin of not wanting to perpetuate the family name or some other explanation)
  2. The sin of the older brother Er (which is not specified in the Torah) is also the sin of masturbation
The Zohar also makes the following assertions:
  1. The reason for the sin of masturbation is that it is akin to murder
  2. One who is guilty of masturbation has no portion in the World to Come
Needless to say, these assumptions and assertions are quite powerful. For those schools of Judaism that have been heavily influenced by the Zohar, which in many ways includes most of mainstream Halachic Judaism today, this has had a very strong influence on how masturbation is viewed and how the story of Onan is interpreted.

I would like to go back to the subject of P'shat now, but take it a little deeper.  While the Pachter thesis I mentioned takes the approach of an analysis of the text itself, obviously there is a vast and rich heritage of commentators who explain the text according to its simple meaning.  I think it is obvious to anyone who studies the Torah with the traditional commentators that each commentary has an approach that is variously influenced by many factors including, the Talmud. Midrash, Halacha, Various philosophical schools, Kabbalisitic, and other historical factors.  

Most well known and most influential of course is Rashi, who consistently uses the Talmud, Midrash, and Halacha in his explanations of P'shat.  Therefore, in the minds of most of the readers of this blog, Rashi's interpretation of this Parsha remains the most prominent explanation of the lessons of the story of Onan.

To summarize Rashi, the sin of Er was that he did not want his wife's beauty to be tarnished by pregnancy, and he therefore spilled his seed instead of engaging in natural intercourse.  Rashi's source is the Talmud in Yevamot, and we will delve into that later in the blog extensively. This is a classic example of how Rashi uses a Talmudic interpretation for the explanation of the simple meaning of a verse.  Rashi, in his usual fashion, uses the Talmud to explain the plain meaning of the pasuk, even though the pasuk does not explicitly say anything about Tamar's beauty or about Er spilling his seed.

Many other well known commentators follow Rashi's lead when they explain the sin of Er, including the Rashbam and others.  However, notably, the Ramban explicitly points out that the Torah does not specify the sin of Er, thus leaving it open for interpretation. Ibn Ezra, Ramban, and many others focus on the sin of Onan as the desire not to perpetuate his brother's family name, which adheres much closer to the simple meaning of the text. They choose not to discuss the sin of masturbation at all when explaining this parsha, as it is not necessary for the understanding of the text.  The Ramban does go into depth explaining the mystical significnace of the mitzvah of Yibum in perpetuating the brother's family name.  Although he veers deeply into a mystical topic, he still stays within the plain meaning of the text that does indeed mention that Onan sinned in that he did not want to fulfill that commandment.

To summarize, in this post I tried to demonstrate several approaches to the reading of the story of Onan.  I demonstrated that a simple reading of the Torah says nothing about the sin of spilling seed, but that various traditions have superimposed the sin of spilling seed onto the Parsha in order to explain the narrative.  Rashi used the Talmud and Halachic process to explain the story, and the Zohar used its understanding of the sin of spilling seed in order to explain the Parsha. Ramban and Ibn Ezra used the simple meaning of the text and did not use either Talmudic or Medrashic sources in order to understand the text.

I do ask you to be patient as we move through this topic.  There are many other proposed sources for this prohibition which we will encounter as we go through the Halachic analysis, and a halachic anlysis of this parsha is forthcoming.  For those who are familiar with my style, you already know that I will try to leave no stone unturned, but it takes time.  I do sincerely welcome comments, criticisms, etc, as I find them to be a huge source of information, opposing thoughts, and opinions.  What you tell me does influence my thinking greatly as I try to always keep an open mind.

In the next post I plan on discussing the issues of Tum'ah v'tahara - ritual impurity, and its influence on the prohibition of masturbation.


Monday, January 2, 2017

Masturbation and the "Wasting of Seed"

I have received many requests to discuss various topics in Halachah from a rationalist perspective. However, by far and away the most frequent request is to discuss masturbation and the "wasting of seed".  This was at first quite surprising to me, but after thinking about some of the emails and what people were writing, it dawned on me that this is probably one of the most important but least discussed topics that affect Orthodox Jews and their social and emotional well being.

The impact of this issue on the sexual, emotional and social well being of the Orthodox Jewish male, as he grows through childhood, adolescence, and adulthood, cannot be overstated.  (I am specifically discussing male masturbation, because this is a Halachic blog, and there is no extensive discussion of female masturbation in the Halachic sources.  It is obviously a very important subject in its own right, but since I am not a sex therapist or a social scientist, I will not be discussing it here). The general impact of this issue on Orthodox society is one that I am not competent to assess, but it must be very significant.  Obviously, the Orthodox male has the same sexual issues as every other human being, Jewish or not, but there are several factors unique to our community that make this a topic that really is appropriate for a blog like this one.  

Factor one.  Orthodox Jewish society shies away from discussing topics of a sexual nature.  Ostensibly, this is often justified by claims that to discuss these issues in public is a violation of the principles of modesty or "tzniut".  This argument has some merit of course, as long as the topic is not ignored and that alternative and more "private" types of guidance  were provided to our youth.  Unfortunately, because these subjects are not discussed in public, there is less guidance available to youth, they are often not aware where to turn to for real advice, and the advice given, in the few cases when it is given is often misinformed, to say the least.  

Factor two.  There is a prohibition against masturbation, at least against male masturbation, the well known halachic prohibition against the "wasting of seed".  When a normal human activity such as masturbation is prohibited, this can be a source of huge guilt and shame for an Orthodox youth that is unfamiliar with normal sexual development, and unaware of where he can turn to for help.  Up to 80% of normal male teenagers masturbate, and even if these numbers were different for Orthodox teens, there is still certainly a large percentage of boys that do. The mass psychological impact of  up to 80% of our children being engaged in an activity that they know from the Torah is a sin is something that must be huge.  I am not a social psychologist.  However, I know from my own experience growing up in this environment, and from the few people that have had the guts to openly discuss it, that this issue is extremely important.

Factor three.  The trend toward a more mystical understanding of our religion and away from a more rationalistic perspective is one that readers of this blog are very familiar with.  Anyone with any familiarity with the topic of masturbation in Jewish literature is surely aware of the association between the severity of the "sin" of masturbation and the mystical sources of Judaism.  While there are clearly mainstream halachic sources for the prohibition (which we will discuss in detail when we get into the primary discussion in this series of posts), the mystical sources take this topic and turn it into one of the major sins with cosmic importance way beyond what mainstream halachah dictates.  This can be a major source of despair for teenagers struggling with the issue, especially since they are also the least equipped to understand and differentiate between real halachah and scary pronouncements in mystical sources.

Factor four.  If you remember way back in the beginning of this blog, I discussed the "historical corruption principle" as one of the five principles of rationalist medical halachah.  This principle is extremely relevant to this discussion. This is because so much of the halachic discourse on masturbation is based on the works of medieval Halachic scholars who were heavily influenced by the beliefs of their time regarding the health "dangers" of "wasting seed".  Understanding this is crucial to any rationalistic discussion of the topic, and we will of course be delving into this in much more detail.  However, today's Orthodox youth are often taught in Yeshiva that a historical analysis that associates the Halachic process with  any sort of connection to current scientific and cultural understanding is nothing short of outright heresy.  As such,  an Orthodox youth will often actually believe that he is destroying his brain and his life force when he masturbates, as this is what the "seforim" say, and he wouldn't be able to understand that these things were often simply in full correspondence with the "scientific" beliefs of the time in which they were written.  This adds to the guilt and consternation of the unfortunate and unguided youth of our day.

Factor five.  The meaning of the idea of Jews being a chosen people is often interpreted today that Jews are somehow intrinsically different from everyone else.  Dr Menachem Kellner has demonstrated in his many scholarly works, that rationalist scholars such as Maimonides had a dramatically different view of the meaning of the Jews being a "chosen people".  However, the belief that Jews are intrinsically different is a prevalent idea in many Orthodox circles today.   This leads to suspicion regarding scientific and cultural writings that some Orthodox youth may on occasion be exposed to.  So the rare Orthodox youth who may happen across an article, or even encounter a therapist or teacher, or health care professional who may offer some reasonable guidance on the subject, this can often be rejected due to these suspicions.

Factor six.  The taboo against reading or seeing secular books and articles, especially those regarding sexual matters, make it less and less likely that an Orthodox youth will ever have the chance to be exposed to responsible writings about normal sexual behavior.  The little sexually related material that an orthodox youth may see will often be inappropriate and misleading, and sometimes simply pornographic and potentially dangerous to his healthy sexual development.  This makes it difficult for the typical "yeshiva boy" to understand what is scientific and responsible, and what is dangerous and unhealthy.

There is more to write in this introductory blog post, but I think I have sufficiently demonstrated why this is a particular problem for an Orthodox Jewish male growing up in today's Orthodox world. I think it is obvious that the sexual health and development of the men in our community has a profound and deep impact on our community's health in general. Because I am not a social scientist, I will choose not to go into detail about the type of impact this has on our society. I hope that you agree with me at least that this is an extremely important subject, and that a rationalistic halachic approach may be  very beneficial to the Rationalist Jew.