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Halacha’s attitude towards pedophilia

שו”תCategory: HalachaHalacha’s attitude towards pedophilia
asked 8 years ago

Hello Rabbi, I wanted to ask what the attitude towards pedophilia is in Halacha? It is known that the Maimonides writes that a male having sex with an adult is more serious than having sex with a child. I assume this is because a child is not mature enough for his sex to be considered sex and therefore cannot be held liable, but from what perspective can he be punished? Is this in the Torah? Is there any attitude at all? I ask this from the premise that pedophilia is more serious than having sex with a male. If this assumption is wrong, I would be happy if you could correct me and explain to me why it is wrong. Thank you in advance.

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מיכי Staff answered 8 years ago

Hello Dan.
Halacha should not be confused with morality. On a moral level, a man having sex with a child is of course much more serious (it is doubtful whether there is even a moral problem with a man having sex with an adult). On a halakhic level, this is a completely different and independent question. For this distinction, see the website here in column 15:

אונס בשעת הקרב: הלכה ומוסר (טור 15)


And hence, if they want to punish pedophilia, it would be an unjust punishment. That is the role of the Jewish Court of Justice when they see a halachic loophole.

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מיכי Staff answered 8 years ago

Hello Dan.
Halacha should not be confused with morality. On a moral level, a man having sex with a child is of course much more serious (it is doubtful whether there is even a moral problem with a man having sex with an adult). On a halakhic level, this is a completely different and independent question. For this distinction, see the website here in column 15:

אונס בשעת הקרב: הלכה ומוסר (טור 15)


And hence, if they want to punish pedophilia, it would be an unjust punishment. That is the role of the Jewish Court of Justice when they see a halachic loophole.

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