Some so called "progressive" Rabbis today have made the claim that a person with same-sex tendencies cannot be called a transgressor, even if he acts on these tendencies, since that this person is in the halakhic category of "Ones Rachmana patreh" -"someone who is coerced to commit a transgression and therefore unaccountable," as, after all, he was born that way.
Here is a response to this misguided claim by Rabbi Baruch Efrati, a young rabbi who heads the Israeli Rabbanei Emunah mainstream Orthodox young rabbis' group:
I beg to differ absolutely with this premise. This is a basic error in the way halakhic decisions are made, and one which can cause this prohibited behavior to proliferate among the people of Israel.
How unfortunate it is when Rabbis decide to twist their views to suit imported liberal culture, lacking organized halakhic sources and sans halakhic precedents.
If the "Torah is as a light unto our feet," we must study its laws in their entirety, not just the ones that are of sudden interest in liberal circles..
The rabbi's error springs from several basic premises:
- It is important to note that same-sex tendencies are not always inborn but can be a result of the pressures of secular culture and society. Some are, however, innate, and those whose tendencies are innate and who withstand the temptation to engage in those relations, are truly holy.
There are also some people who choose this way of life intentionally, and their attempts to create a society that chooses to sin (an abomination in the Torah's words) must be fought openly.
- Despite the fact that there are inborn tendencies for same-sex desire, there is no way to permit the act to take place, certainly not using the halakhic expression, as Rabbi Riskin did, of "he who is coerced is not responsible [for his transgression]." On the contrary, strength and willpower must be doubly increased in order to withstand the temptation to sin with those of the same sex.
Maimonides writes in Laws of Repentance that everyone has free will. He writes that someone who says he has no choice other than to sin because G-d created him with powerful inclinations and other weaknesses that leave him with no free will and force him to sin – is a person denying a basic premise of Torah, the free will granted to all of creation.
- Modern science does not set our values. It draws a map of reality, but cannot interpret it. Moral interpretation and halakhic teachings are the exclusive purview of G-d's Torah for Jews.
The phenomenon of homosexual inclinations is as old as the world, but in all the halakhic responsa of our sages there is not one instance of a rabbi allowing homosexual relations because the person "is coerced by his inclinations" – just the opposite is the case. There is a strong call to be of courage and resist committing sexual transgressions even when this way of life is extremely painful and difficult to attain.
The author of the Code of Jewish Law publicized a special degree for his geographic area prohibiting a man from being alone in a closed room with another man. Commentators explained that homosexuality was rampant in his area, causing him to declare this new limitation so as to prevent people from sin. But couldn't the Rema have said such men "are coerced to commit a transgression," as Rabbi Riskin does, and allow for leniency on this prohibition?? Why did he declare limitations to prevent homosexual relations?
- G-d willed us to have lust, desire and inclinations, but G-d also told us the permissible way to gratify them. If there is no halakhically lenient way to allow something, no matter how much it is desired, it cannot be done. Halakhic morality is above the reality of the present. Sometimes man finds himself at a dead end, and we must offer him every support, but not to the extent of permitting that which is forbidden in order to make his life easier.
Rabbi Riskin's words are in direct contradiction to those of the saintly religious Zionist icon Rabbi Isaac HaCohen Kook in Orot Hakodesh, paraphrased here, but appearing in full in his work, Eight Collections: Collection 6, 99:
Modern science's revelation that homosexual tendencies are natural and inborn, leading them to uproot the moral protest against them, will be met by "our G-d's words are eternal."
Those who believe that if there is a natural tendency discovered by science, the sinner is not responsible for his actions but is "coerced," are mistaken and do not realize the place of Torah vis a vis science.
Science describes the world, while the Torah directs it.
That is why, whether or not science defines homosexual tendencies as innate traits, is irrelevant. It does not obviate the moral responsibility we have to protest acting upon this tendency. It says so clearly in the Talmud (Tractate Yevamot 53 and Tosaphot there):
'This is not considered "coercion."'
That is what our sages continued saying in decisions generation after generation (Rishonim and Achronim).
And the Talmudic scholar Rabbi Kapra said the Hebrew word for abomination,Toeva, can be seen as an acronym for Toeh Ata Ba – you are going astray on this issue –meaning that this is a negative tendency, which man must combat.
It is a mistake to think that there is no choice because a desire is natural or inborn, that things are permitted morally or halakhically in that case. On the contrary, one must fight the inclination and overcome it.
Continuing, Rabbi Kook relates to the Talmud (Nedarim), saying that there are some unconquerable inclinations which the rabbis allowed a priori by allowing them to be gratified within a normative marriage. This ruling is meant for someone with inborn desires for whom the sages had pity, ruling that a man and his wife's personal sexual preferences are acceptable and can be a way to find release for someone with same-sex tendencies.
The Rema (Rabbi Moshe Isserles, writer of the Ashkenazi Code of Law) made the same halakhic decision in Even Haezer 25, pp. 2, positing that it is preferable to avoid unnatural forms of conjugal relations even with one's wife, and attempt instead to remain holy by overcoming such desires. The lenient possibility exists, however, and is only allowed in situations where the person's inborn tendency is for same-sex relations and this is an outlet for them.
So I ask, why should someone with same-sex tendencies be considered "coerced" and "free of prohibition" – someone who is above judgment? Since when are halakhot (rather than specific instances of unavoidable sinning from whence the concept arises) decided on this premise? There is truth and there is falsehood, good and bad, there is always individual choice, especially in the case of sexuality and sin.
For years now, I have been guiding tens of men and women with same-sex inclinations. I know how difficult their world is and I counsel them on how they can keep halakha despite their strong inclinations. Many of them are G-d fearing, wonderful people who struggle and manage to control their desires. Rabbi Riskin's words are in contradiction to the Rambam, the Rema and Rabbi Kook, but just as seriously, they are not said in a vacuum and may cause some of the people I help - to fall.
We trust the words of the Talmud in Yevamot, we trust the words of Rabbi Kook – therefore, the rabbis who protest those who transgress are correct in their moral protests against the trend to be inclusive towards openly living an alternative lifestyle. Rabbi Riskin is entirely mistaken in proclaiming that those with same-sex tendencies are in the halakhic category of :"coerced and therefore not accountable." This can cause many good people to err.
We do not make halakhic decisions based on the spirit of the times, but according to the eternal words of G-d.