Proximity to nudity between men
To the K.I.
Peace be upon you.
The prevailing view is that although it is forbidden in the Torah to hug and kiss women who are forbidden to enter, and it is also forbidden by the words of the Sages to have intercourse with them, neither affectionate contact nor intimacy is forbidden with men. Simply put, the reason is because the Israelites were not suspected of having committed adultery, and these things are not characterized as being close to revealing one’s nakedness. And although we have found that being strict and not having intercourse with men and avoiding ugliness is commendable (Issurei Be’a 22:2), we have never heard or seen anyone say this regarding affectionate contact between men.
I was satisfied with what the ruling is regarding transgender (male to female), and such as those who wish to express support and encouragement, if there is a prohibition on this because you should not approach. After all, although it is not a matter of fear on the part of a woman, of course, the MM did not exclude serious sexual intercourse from the prohibition of a woman. And even if they were not suspected of sexual intercourse, one must examine whether it is due to disgust (and when it closely resembles a woman, perhaps it should be considered forbidden) or due to the substance of the prohibition.
Likewise, in a homosexual couple who live in a relationship and avoid sexual intercourse, do they not pass by a touch of affection, but do not come close to revealing their private parts? After all, with them you have no greater closeness than that, and what is the point of heterosexuals not being like that? A far-fetched example is that with a man’s mother, his heart is not pierced, and therefore it is permissible in the Shofi to hug and kiss her, and despite the fact that with the majority it is forbidden (whether it is a man’s wife or a woman’s husband), then one does not follow the majority, but each according to his situation and inclination.
Thanks in advance.
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The question is whether a homosexual couple who wish to adhere to the halacha and avoid the Torah prohibition of sexual intercourse are considered to be unsuspected. They certainly do not want to commit adultery, but they have a desire that may lead them to do so. Just as an unmarried heterosexual couple who wish to avoid the prohibition of entering without a ketubah and kiddushin will probably not commit the Torah prohibition, and are nevertheless forbidden from touching.
And according to this, the modern permission for a homosexual couple to live together as long as they do not commit sexual intercourse fell into the hands of the law, so that the prohibition of not coming near to expose one's nakedness - which is not complete - was not issued.
And if the above calculation is correct, it follows that there is no permission for a homosexual to touch a man with affection, and if I have such a relative, should I (as a man) refrain from hugging him?!
Does the Ministry have any objections to the above,
I would be very happy to discuss this matter as it is in our minds.
Note
According to the above, it is apparently permissible for a homosexual to touch a woman with a touch of affection, just as a heterosexual is permitted to touch a man with a touch of affection, right?
*By "they shall not transgress the Torah prohibition" (at the end of the first paragraph), I meant "they shall not transgress the Torah prohibition of free intercourse and the body of the prohibition" and our eyes see how many have been broken by the touch of affection before marriage, and they have not really come to the point of intercourse, and yet it is certain that the matter is forbidden. Thus, the reservation that the halakha places does not remove the suspicion of a prohibition, even in the case of someone who is obligated to it (and all the laws of distancing in the halakhat of separation will prove it), and the same is true in the case of a couple of men who are careful not to transgress in a male relationship, it follows that they nevertheless transgress the prohibition of not coming near.
They were also suspected. As I wrote, this is not about Gaza, but rather an assessment of reality. I don't know where the modern permit you are bringing here comes from.
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