Заборонені зв’язки (Ісурей Біа) — Рамбам

Заборонені зв’язки (Ісурей Біа)

Заборонені зв’язки (Ісурей Біа) — Рамбам на Бет га-Мідраш: текст на івриті та його український переклад, із Раші й великими коментаторами. Безкоштовно, онлайн.

הַבָא עַל אַחַת מִכָּל הָעֲרָיוֹת הָאֲמוּרוֹת בַּתּוֹרָה בְּמֵזִיד חַיָּב כָּרֵת שֶׁנֶּאֱמַר (ויקרא יח כט) "כִּי כָּל אֲשֶׁר יַעֲשֶׂה מִכּל הַתּוֹעֵבוֹת הָאֵלֶּה וְנִכְרְתוּ הַנְּפָשׁוֹת" וְגוֹ' שְׁנֵיהֶם הַבּוֹעֵל וְהַנִּבְעֶלֶת. וְאִם הָיוּ שׁוֹגְגִין חַיָּבִין חַטָּאת קְבוּעָה. וְיֵשׁ מִן הָעֲרָיוֹת שֶׁהוּא בְּמִיתַת בֵּית דִּין יֶתֶר עַל הַכָּרֵת הַשָּׁוֶה בְּכֻלָּן:When a person voluntarily engages in sexual relations with one of the arayot 1:5, the Rambam defines the term arayot as "[Those women] with whom relations are forbidden by Scriptural Law and with whom relations are punishable by kereit as enumerated in Parshas Acharei Mot. mentioned in the Torah, he is liable for kerait, 28a) and the soul not meriting a portion in the world to come (Hilchot Teshuvah 8:1). as [Leviticus 18:29] states: "Whenever anyone performs any of these abominations, the souls will be cut off...." [The plural is used, referring to] the man and the woman. If they transgressed unknowingly, they are liable to bring a fixed) that is brought for certain transgressions. See Hilchot Shegagot ch. 1 which describes the fixed sin offering , and ch. 10 which describes the adjustable guilt offering. sin offering. There are some arayot with whom relations are punishable by execution in addition to kerait which is applicable in all cases..

אוֹתָן הָעֲרָיוֹת שֶׁיֵּשׁ בָּהֶן מִיתַת בֵּית דִּין אִם הָיוּ שָׁם עֵדִים וְהַתְרָאָה וְלֹא פָּרְשׁוּ מִמַּעֲשֵׂיהֶם מְמִיתִין אוֹתָן מִיתָה הָאֲמוּרָה בָּהֶן:With regard to the arayot that are punishable by execution by the court. If there were witnesses, they delivered a warning, 12:2 which describes the obligation to give a warning and states: "How is a warning administered? We tell him: 'Desist..." or 'Do not do it. It is a transgression and you are liable to be executed by the court....'. and the transgressors did not cease their actions, they are executed through the means prescribed for them.

וַאֲפִלּוּ הָיָה הָעוֹבֵר תַּלְמִיד חָכָם אֵין מְמִיתִין וְלֹא מַלְקִין עַד שֶׁתִּהְיֶה שָׁם הַתְרָאָה. שֶׁלֹּא נִתְּנָה הַתְרָאָה בְּכָל מָקוֹם אֶלָּא לְהַבְחִין בֵּין שׁוֹגֵג לְמֵזִיד:Even if a transgressor was a Torah scholar neither execution or lashes is administered unless a warning was given. For [the obligation for] a warning was instituted universally only to make a distinction between a person who transgresses inadvertently and one who transgresses intentionally. 8b quotes Rabbi Yossi bar Rabbi Yehudah as coining the expression the Rambam employs: "A warning was instituted only to make a distinction between a person who transgresses inadvertently and one who transgresses intentionally." Rabbi Yossi, however, used this concept as support for his contention that a Torah scholar does not need a warning. Since he is knowledgeable, we assume that he is familiar with the laws. If he is transgressing, we can conclude that he is doing so as a conscious act of rebellion. Hence, he is deserving of punishment.The Rambam differs, maintaining that even a Torah scholar might not be aware that his act violates a particular prohibition. We do not suspect that he did know the law, it was however possible that he was aware of the prohibition, but not know that it applied in this instance, e.g., he knew that adultery was forbidden, but did not know whether or not the woman was married or related to him. The warning will clarify that for him (Maggid Mishneh; Kessef Mishneh to Hilchot Sanhedrin, loc. cit.).

הָעֲרָיוֹת שֶׁיֵּשׁ בָּהֶן מִיתַת בֵּית דִּין מֵהֶן שֶׁמִּיתָתָן בִּסְקִילָה. וּמֵהֶן שֶׁמִּיתָתָן בִּשְׂרֵפָה. וּמֵהֶן שֶׁמִּיתָתָן בְּחֶנֶק. וְאֵלּוּ שֶׁמִּיתָתָן בִּסְקִילָה. הַבָּא עַל אִמּוֹ. וְעַל אֵשֶׁת אָבִיו. וְעַל אֵשֶׁת בְּנוֹ וְהִיא הַנִּקְרֵאת כַּלָּתוֹ. וְהַשּׁוֹכֵב עִם זָכָר. וְהַשּׁוֹכֵב עִם בְּהֵמָה. וְהָאִשָּׁה הַמְּבִיאָה אֶת הַבְּהֵמָה עָלֶיהָ:Among the arayot punishable through execution by the court are those for [which the violators are] executed by stoning, those for which they are executed by burning, and those for which they are executed by strangulation. 15:1-5 for a description of these different modes of execution.The following transgressions are punishable by stoning: one who has relations with his mother, with his father's wife, his son's wife; she is called his daughter-in-law, one who sodomizes a male, a male who has relations with an animal, and a woman who has relations with an animal.

וְאֵלּוּ הֵן הָעֲרָיוֹת שֶׁמִּיתָתָן בִּשְׂרֵפָה. הַבָּא עַל בַּת אִשְׁתּוֹ בְּחַיֵּי אִשְׁתּוֹ. וְעַל בַּת בִּתָּהּ. וְעַל בַּת בְּנָהּ. וְעַל אֵם אִשְׁתּוֹ. וְעַל אֵם אִמָּהּ. וְעַל אֵם אָבִיהָ. וְהַבָּא עַל בִּתּוֹ. וְעַל בַּת בִּתּוֹ. וְעַל בַּת בְּנוֹ:The following arayot are punishable by burning: a person who has relations with his wife's daughter during his wife's lifetime,. There is, however, no punishment to be administered by an earthly court. As stated in Chapter 2, Halachah 8, this applies to any woman prohibited because they are closely related to the person's wife. with the daughter of her daughter, with the daughter of her son, with her mother, with the mother of her mother, with the mother of her father, with his own daughter, with the daughter of his daughter, or with the daughter of his son.

Mishneh Torah, Forbidden Intercourse.1