Q&A: The Attitude of Jewish Law Toward Pedophilia
The Attitude of Jewish Law Toward Pedophilia
Question
Hello Rabbi, I wanted to ask what the attitude toward pedophilia is in Jewish law. It is known that Maimonides writes that male homosexual intercourse with an adult is more severe than intercourse with a child. I assume this is because a child is not mature enough for his intercourse to be considered intercourse, and therefore he cannot be held liable, but from what angle can one nevertheless punish him? Is this Torah-level? Is there any attitude toward it at all? I am asking this from the assumption that pedophilia is more severe than male homosexual intercourse. If that assumption is mistaken, I would be glad if you would correct me and explain to me why it is mistaken. Thank you in advance.
Answer
Hello Dan.
One should not mix Jewish law with morality. On the moral level, male homosexual intercourse with a child is of course far more severe (it is doubtful whether there is any moral problem at all with male homosexual intercourse with an adult). On the halakhic level, that is a completely different and independent question. On this distinction, see here on the site in Column 15:
https://mikyab.net/%D7%90%D7%95%D7%A0%D7%A1-%D7%91%D7%A9%D7%A2%D7%AA-%D7%94%D7%A7%D7%A8%D7%91-%D7%94%D7%9C%D7%9B%D7%94-%D7%95%D7%9E%D7%95%D7%A1%D7%A8-%D7%98%D7%95%D7%A8-15/
And from here it follows that if one wants to punish pedophilia, it would be a punishment not mandated by the law itself. That is the role of a religious court when they see a halakhic breach.
Discussion on Answer
Because it is always possible for an adult to marry someone much younger than himself (a kind of pedophilia), and vice versa.
I understand that men can love men and girls can love girls, but to have relations with someone of the same sex—that just doesn't register for me.
It also seems to me that male homosexual intercourse (gay men) or erotic conduct between women (gay women/lesbians) is more severe than pedophilia, but this is an abomination and that is non-kosher.
I didn't understand the question. I said that from the halakhic standpoint it is less severe. What is insufficient about that? What else needs to appear in Jewish law? Jewish law does not deal with morality.
Thank you for the answer.
Can one infer from this that there is no sufficient halakhic-Torah attitude to the issue, and that from God's perspective pedophilia is less severe than male homosexual intercourse? Why?