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Wednesday, May 2, 2012

The Avoidance of Negative Experiences II

(second post)


The Ethical has been Considered More Important than the Holy

Until this point, we have seen that hukkim are as readily explicable as the other ritual Halakhot.  They are about maintaining personal dignity.  We will now test that explanation by examining whether such norms can be overridden by an ethical demand.  To be specific, we will examine the law of modesty during sex.
Holy Sex versus Ethical Sex
In the Babylonian Talmud, the main passage discussing the avoidance of sex during the day (b. Nidda 17a) cites the “ascetic” opinion of the Babylonian amora, Rav Huna (3rd century CE), who follows Leviticus and the Israeli rabbinic tradition in viewing sex during the day as unholy.  The discussion then continues with a citation of the later amora, Rava (270-350 CE), who focused the issue away from a restriction on the time of day to a demand for modest sex in darkness.  Up to this point the discussion can be read as being about holiness through restrain and dignity.  However, the Talmudic passage then cites a different 3rd century CE Babylonian amora who forbids sex during the day for ethical reasons.  R. Huna’s contemporary, R. Hisda, paralleled R. Huna in forbidding sex during the day, but he raised an ethical argument that a man should not have sex with his wife in the day lest the man violate the Biblical commandment to “Love your fellow as yourself” (Leviticus 19:18), lest the wife be emotionally hurt by such conduct.  This conduct could hurt in several ways in a culture of modest dress.  For example, women can feel degraded if they are treated as visually owned sexual objects instead of as dignified people (b. Yevamot 63a) or if they are treated as sexual objects instead of as self-occupied respected mistresses of the house (b. Bava Metzia 59a).  Similarly, Rava’s contemporary, Abbaye, paralleled Rava’s position by focusing on the issue of light instead of on the question of day or night.  However, Abbaye explained in most basic ethical terms that a woman could be concerned that her husband might come to see that she is not physically flawless. 
This second concern with the ethical is in fact so significant that the Talmudic passage closes the discussion by modifying the rules against having sex during the day.  It cites a source that praises those people who do in fact have sex during the day, in order that the marital bond should not be lost due to tiredness at night.  It then explains this anomalous source by pointing out that limiting sex to night can lead to a loss of the marital bond due to fatigue.  As Rashi (ad locum) explains it, limiting sex to the night could cause the husband to come to view sex with his wife as an annoying burden instead of viewing it as a shared sensual experience of relationship.[1]  In fact, the Talmud’s editors structured the material to make an ethical argument: The passage begins with R. Hisda’s ethical concern (to forbid sex during the day), continues with R. Huna’s holiness concern (to forbid sex during the day), limits both positions to be about not having sex in the light as opposed to not during the day, and concludes with praise for the ethical position of the House of Munbaz who had sex during the day due to the considerations of a loving relationship.  To wit, the passage indicates that the desire for holiness in one’s biological activities may be added to ethics and reinforce them, but it must never override ethical considerations.[2] 
This Talmudic passage’s focus on the ethical finds culmination in a halakhic ruling by the leading medieval Provencal Halakhic sage, R. Avraham ben Dovid (RAVa”D, Posquires - d. 1197) that was codified in later generations by R. Yaakov b. Asher (Cologne–Toledo, 1269–1343), R. Yosef Caro (1488-1575), and others.  These rabbis ruled that the ideal, holiest, conscious motivation for a man to have sex – in spite of the obvious necessity for his own arousal without which intercourse would not be possible – is for the sake of the other person, for the sake of his wife and for the sake of his future God-fearing children (Tur OH 240 and Shulhan Arukh EH 25:2).


[1] .  It is also possible that the stama means that the man will become disgusting to the wife in his tired performance and possibly in falling asleep after sex.  After all, Babylonian rabbis followed their Sassanian counterparts in being concerned about the demon that is drawn to both death and to semen released, especially at night, (Elman 2007, 146-149); in other words, they were concerned about male tiredness following and even during  sex – in contrast to the ideal valorization of the sexually energetic man who has a vigorous sexual relationship with his wife.  Thus the same R. Hisda who called for holiness by abstaining from sex during the day, still called for sex in which a husband engages in serious foreplay and clitoral stimulation until both parties crave intercourse (b. Shabbat 140b [Note: Rashi and Boyarin translate “pearl” as breast and “furnace” as the vulva, but a simpler translation would be clitoris and vagina respectively]).
[2] One might find a direct Biblical parallel for prioritizing the ethical over the aesthetic if one understands that the Torah’s opposition to violent unaesthetic behavior such as modifying the body with tattoos “yields to” the “hygienic (hence) ethical concern” of circumcision (Goodman 1996, 234).  However, I understand the Biblical opposition to tattoos and preference for circumcision differently.

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