The following section of my paper is the most technical portion. However, I would not advise skipping it entirely even if you are not familiar with Hebrew vocabulary or grammar. Try to understand whatever you can, otherwise you're stuck with the highly interpretive translations of our modern English translations. These two small verses are very challenging to translate into idiomatic English; my more literal translations are quite cumbersome, but necessary to a proper reading. The most important things I've highlighted.
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2. Close Reading and Analyses in the Immediate
Context
In this section, because the law is stated quite similarly in the two
chapters, I will compare 18:22 and 20:13 lexically and contextually. First,
here are the Hebrew texts and my, quite literal, translation.[1]
Lev 18:22
וְאֶ֨ת־זָכָ֔ר
לֹ֥א תִשְׁכַּ֖ב מִשְׁכְּבֵ֣י אִשָּׁ֑ה תּוֹעֵבָ֖ה הִֽוא
And with a male you will
not lie down, beds (lyings) of a woman; an abomination it [is].
Lev 20:13
וְאִ֗ישׁ
אֲשֶׁ֨ר יִשְׁכַּ֤ב אֶת־זָכָר֙ מִשְׁכְּבֵ֣י אִשָּׁ֔ה תּוֹעֵבָ֥ה עָשׂ֖וּ
שְׁנֵיהֶ֑ם מֹ֥ות יוּמָ֖תוּ דְּמֵיהֶ֥ם בָּֽם
And a man who lies down
with a male, beds (lyings) of a woman, an abomination they have committed. The
two of them will surely be put to death. Their blood [is] on them.
It is of note that Lev 20:13 does more than simply
restate this law found in 18:22 in a different format and add a specific
punishment clause, but actually re-contextualizes this law.
2.1. Lev 18:22a cf. Lev 20:13a
וְאֶ֨ת־זָכָ֔ר
לֹ֥א תִשְׁכַּ֖ב
“And with a male you will
not lie down…” (18:22a)
וְאִ֗ישׁ
אֲשֶׁ֨ר יִשְׁכַּ֤ב אֶת־זָכָר֙
“And a man who lies down with a male…”
(20:13a)
In biblical Hebrew there are three words used for
the male of the human species, two of which are used in our texts. זָכַר generally means “male” and is often
coupled with “female” as in Gen 1:27.[2]
In that passage, אָדָם is best translated as
“humankind” (i.e., inclusive of both male and female). זָכַר
is “male” and נְקֵבָה is “female.” זָכַר
and נְקֵבָה are used in tandem throughout Genesis to
refer to the two genders of the human species (see 5:2), but also to refer to
the two genders of non-human species (see 6:19; 7:3, 9, 16). In Leviticus, זָכַר is most often used with reference to male
animals being offered as sacrifices, that they are to be “without blemish” (see
1:3, 10; 3:1, 6; 4:23; 22:19). It is also used to refer to human males of any
age from birth through death (see 6:18, 29; 7:6; 12:2, 7; 15:33; 27:3–7). In Lev
27:2–7, not only is it obvious that זָכַר
is used for a male of any age, but also that נְקֵבָה
is the word for female that is used in such contexts.
The main word used for
those of male gender in Leviticus is אִישׁ,
which is generally translated as “man.”[3] Where, in the same context the female gender
is referenced, the partner of אִישׁ is אִשָּׁה translated as either “woman” or “wife.”[4]
In Lev 18:22, אִישׁ is not used. Instead,
the subject of the sentence is embedded in תִשְׁכַּ֖ב
which is masculine in gender.[5]
It is of note that Lev 20:13 reads, “And a man (אִישׁ)
lies with a male (זָכַר)…” not “And a man
lies with a man…” as most would expect.
Both texts use the verb שָׁכַב which means “to lie down” and depending on
context it can refer to rest, sleep, sexual intercourse or death.[6]
In this context, it is almost universally agreed among scholars that שׁכב has sexual connotations. Of the fifteen
times שׁכב is used in Leviticus, ten times it is used to refer to sexual intimacy. It
is of note that in chapter 18 שׁכב is used only once (v.
22), yet the majority of laws deal with sexual intimacy with close family
members. In chapter 20, where essentially the same laws are presented in a
different order, שׁכב is used in our verse
and four others.[7]
The multiple use of שׁכב in chapter 20 is
significant because it makes clear that to שׁכב
with someone is to עֶרְוָה גלה (“uncover nakedness”). Where שׁכב
appears in chapter 20 without a reference to nakedness being uncovered, that
result can be presumed. And where some form of עֶרְוָה גלה occurs in either
chapter, we know that someone has laid down (שׁכב)
with someone.
2.2. Lev
18:22b and Lev 20:13b
מִשְׁכְּבֵ֣י
אִשָּׁ֑ה
“…beds (lyings) of a
woman…” (18:22b & 20:13b)
Most scholars refer to this expression as the most
problematic phrase in both verses. Some would say that a literal translation is
not difficult as both are common words. אִשָּׁה
is the feminine singular noun meaning “woman” or “wife.” מִשְׁכְּבֵ֣י
is the masculine, plural construct of the noun מִשְׁכָּב,
which means a place of lying, such as a couch or bed, and thus can also be
understood as the act of lying. In Leviticus, מִשְׁכָּב
is most often translated (NRSV) as bed (see 15:4, 5, 21, 23, 24, 26). Only in
18:22 and 20:13 does the NRSV not bother to translate מִשְׁכָּב.
I would have agreed with those who accept the most referenced English
translations until I examined these verses in Hebrew. It then becomes obvious
that these translations try to smooth out the Hebrew into clear English, but
that in doing so they negate the unique and ambiguous nature of this idiom. The
best translation of מִשְׁכְּבֵ֣י אִשָּׁ֑ה is “beds of a woman,” regardless of how cumbersome this
more literal translation is in context.
The only other place in
the entire Old Testament where this form of מִשְׁכָּב appears is Gen 49:4, where the NRSV translates it as
“bed of,” while choosing to ignore that מִשְׁכְּבֵ֣י
is plural. The context in Genesis 49 involves Jacob telling his sons what will
happen to them in the days to come (49:1). Though Reuben was Jacob’s first born
and should have received the greatest blessing, he was told that he would “no
longer excel because you went up onto your father’s bed.”[8]
Jacob is referring to the incident recorded in Gen 35:22 where “Reuben went and
lay (שׁכב) with Bilhah his father’s concubine; and
Israel heard of it.” The author of Genesis understood, “Reuben went and lay
with Bilhah” ( וַיֵּ֣לֶךְ רְאוּבֵ֔ן וַיִּשְׁכַּ֕ב֙
אֶת־בִּלְהָ֖ה֙ ) to be equivalent to “you went up on the beds of your father”
(עָלִ֖יתָ מִשְׁכְּבֵ֣י אָבִ֑יךָ). It is of note that
this, only other, use of מִשְׁכְּבֵ֣י
(“beds of”) is an incident of incest.
Getting back to Lev 18:22
and 20:13, we see that what has been added to almost all English translations
of מִשְׁכְּבֵ֣י
אִשָּׁ֑ה are the words “as” and “with” and what is left untranslated is
“beds of.” The entire expression is translated into English by virtually all
scholarly translators, both by committee and individuals, “as one lies with a
woman.” A few do not translate this Hebrew expression at all.[9]
Even in consulting various commentaries that deal with the Hebrew text, most do
not discuss this idiom. The commentators are either so confused by it that they
do not want to tackle it—which is not very likely—or for them the meaning is so
clear that they do not feel the need to discuss it.[10]
It is also worthy of note
that the author of Leviticus used אִשָּׁ֑ה
and not נְקֵבָה. נְקֵבָה
is used for the female gender of animals and of humans, infant and adult alike
(27:4–7). And it is used in tandem with זָכַר,
as one would expect. Yet in Leviticus 18 and 20 only אִשָּׁ֑ה
is used (not נְקֵבָה) and is translated (NRSV) as “woman” (18:17,
18, 19, 22, 23; 20:13, 16, 18, 27) or
“wife” (18:8, 14, 15, 16, 20; 20:10, 11, 14, 20, 21) depending on context. זָכַר is found only in 18:22 and 20:13.
Reading 18:22a-b and
20:13a-b results in some clarity and some confusion. There is no doubt that שׁכב, “to lie down,” in this context refers to
an act of sexual intimacy. Questions, however, are raised about the use of מִשְׁכְּבֵ֣י אִשָּׁ֑ה. Just how the Israelites would have
understood this idiom in this context is unclear.
2.3 Lev 18:22c
cf. Lev 20:13c
תּוֹעֵבָ֖ה
הִֽוא
“An abomination it [is].”
(18:22)
תּוֹעֵבָ֥ה
עָשׂ֖וּ
“An abomination they have
committed.” (20:13)
Whatever parts “a” and “b” of each verse
mean—whatever act is prohibited—either “it is an abomination” (18:22) or
“they have committed an abomination” (20:13). The key word here is תּוֹעֵבָ֖ה, most often translated “abomination.” It
appears in Leviticus only in chapters 18 and 20 and specifically in 18:22, 26,
27, 29, 30 and 20:13. Other similar words are also found in these two chapters which
pass judgment on various acts: זִמָּה
(18:17; 20:14), translated as “a depravity;” תֶּבֶל
(18:23; 20:12), translated “ a perversion;” and, חֶסֶד
(20:17), translated as “a disgrace.” For the author of Leviticus many acts are
an abomination, a depravity, a perversion and/or a disgrace. And according Lev
18:24–29, all the previously mentioned acts in the chapter are תּוֹעֵבָ֖ה. These include various types of
heterosexual incest, sex with a menstruating woman, offering offspring to
Molech, sex with an animal by either a man or a woman and lying with a male.
תּוֹעֵבָה is used by the
biblical authors 121 times throughout the Old Testament, predominantly in
Deuteronomy, Ezekiel and Proverbs. Many acts (and attitudes) are abominations
and some are even referred to as תוֹעֲבַ֛ת יְהוָ֥ה,
“an abomination to Yahweh.”[11]
However, just because the acts listed in Leviticus 18 (and by comparison, the
acts of Leviticus 20) are not specifically referred to “abominations to Yahweh,”
does not in any way undermine the seriousness of this condemnation—as the
punishments proscribed in both chapters indicate. However, neither can one conclude
the act of a man “lying down with a male” is somehow more serious than any
other acts identified as either “an abomination” or “an abomination to Yahweh.”[12]
Lings notes that תוֹעֲבַ֛ת
“covers any abominable behavior that makes the men and women of Israel stray
from the way marked out for them by YHWH, the sacred ineffable name attributed
to the deity.”[13]
The exegete should neither minimize this particular תוֹעֲבַ֛ת
nor should it be overemphasized, as compared to other similar pronouncements.
2.4 Lev
20:13d
שְׁנֵיהֶ֑ם
מֹ֥ות יוּמָ֖תוּ דְּמֵיהֶ֥ם בָּֽם
“The two of them will
surely be put to death. Their blood [is] on them.”
In Leviticus 18, the consequence for any of these
acts is the defilement of the person and the land. And just like the
Canaanites, an Israelite who commits any of these iniquities, God will “punish”
and he will be vomited out by the land (18:24–28). While defilement of person
and land is something that happens with the violation of any of the above
stated laws, the punishment, if it is comparable to what God did with the
previous inhabitants, is completed, not immediately, but over time. It is God
who will punish, and it is the land that will vomit out the guilty inhabitants.
However, in Leviticus 20, many of the same laws, when violated, are punishable
by death.[14]
Yet, even in chapter 20, for several
other laws the stated punishment is either being “cut off from their people”
(similar to chapter 18), being “childless” and/or simply being “subject to
[unspecified] punishment.”[15]
There is a lot of
discussion among scholars about what each of these punishments involves, when
they are to be enacted and by whom. Perhaps the easiest answer to these
questions is that one way or another, whether immediately carried out by the
non-offending Israelites or over time by God, the end result is “death” of one
sort or another; either physically by execution, socially and ethnically by
exile or by the termination of one’s family line. In this respect, the
punishments listed in chapter 20 do not differ from those laid out in chapter
18, in that all involve a “death” (i.e., a separation and an end). Lev 20:2–3 states
that those “who give any of their offspring to Molech shall be put to death;
the people of the land shall stone them to death. I myself will set my face
against them, and will cut them off from the people…” Does this suggest that “they
shall be put to death” and “they shall be cut off from the people” are one and
the same punishment?
Specifically, with regard
to Lev 18:22 and 20:13, we see that violating the commandment to “not lie with
a male” is no less or more serious to Yahweh, based on the punishments
prescribed, than violating any of the other commandments in Lev 18 or 20. This
is important to consider in that at least some of these commandments, by Christian
standards and practice today, are certainly not as serious as others are;
especially 20:9, cursing your father or mother, and 20:18, having sexual
relations with the woman who is menstruating. The other thing to notice with
these commandments is that most of the Israelite patriarchs broke one or more
of these commandments and did not suffer the penalty of death and, in most
cases, there was no word of condemnation from Yahweh. These and other
observations make one wonder about whether there is a rationale that pulls all these
commandments together and whether they are meant to be binding on any other
than the Israelite people while they lived in the land that Yahweh was giving
to them.[16]
[1]
See Appendix B: Grammatical Analyses and Literal Translations of Lev 18:22
& 20:13.
[2]
Gen 1:27 reads, וַיִּבְרָ֨א
אֱלֹהִ֤ים ׀ אֶת־הָֽאָדָם֙ בְּצַלְמֹ֔ו בְּצֶ֥לֶם אֱלֹהִ֖ים בָּרָ֣א אֹתֹ֑ו זָכָ֥ר
וּנְקֵבָ֖ה בָּרָ֥א אֹתָֽם׃.
[3] אִישׁ is used 76 times in Leviticus. The majority of times it is
translated “man,” though it is also translated “anyone,” “someone,” “one,” and
“husband.” Some versions (e.g., NRSV) tend to render אִישׁ as “someone” or “anyone” to be gender
inclusive, though I think the NET Bible does a better job of more often
translating אִישׁ as “man” unless context indicates both genders are under
consideration. Afterall, all ancient Near East societies were decidedly
patriarchal, not egalitarian.
[7] Lev 20:11, 12, 18, 20. To
שׁכב
with someone is to “uncover [someone’s] nakedness—see 20:11, 18, 20.
[8] The pertinent phrase in Gen 49:4 reads כִּ֥י
עָלִ֖יתָ מִשְׁכְּבֵ֣י אָבִ֑יךָ and
is best translated as “because you went up on beds of your father” (or,
“because you went up on your father’s beds”).
[9]
See Appendix A.
[10] E.g., Wold, writes, “Some
writers suggest that the phrase the lying (down) of a woman [מִשְׁכְּבֵ֣י אִשָּׁ֑ה]…is
ambiguous” (Out of Order,104).
His view is that, “Contrary to the opinions presented by many
contemporary scholars, the language of the two biblical laws on homosexuality
is clear” (Out of Order, 102). In contrast, Saul M. Olyan writes, “What
do Lev 18:22 and 20:13 actually mean? Determining this is complicated by the
presence of the opaque idiom…in both formulations. The most common translation…
“as with a women,” is interpretive, not literal” [Saul M. Olyan, “And with a
Male You Shall Not Lie the Lying down of a Woman,” Journal of the History of
Sexuality (1994, No. 2): 183–184].
[11] Deut 7:25; 12:31; 17:1; 18:12; 22:5; 23:18;
25:16; Prov 3:32; 6:16–19; 11:1; 12:22; 15:8–9, 26; 16:5; 17:15; 20:10, 23.
Such abominations to Yahweh include: idol worship; sacrificing children to
Canaanite gods; sacrificing defective animals to Yahweh; practicing divination;
casting spells; consulting ghosts; cross dressing; brinigng fees or wages of a
prostitute into Yahweh’s house; using dishonest weights and measures; having
haughty eyes, or a lying tongue; shedding innocent blood; devising wicked
plans; rushing to do evil; giving false testimony; justifying the wicked and
condemning the righteous.
[12]
Friedman notes that some of the acts identified as תוֹעֲבַ֛ת, including some listed in Lev 18 and 20, are acts of which the
great patriarchs of Israel were guilty. He concludes from that observation that
what was not תוֹעֲבַ֛ת “in the generation of the patriarchs has changed and become one
in the generation of Moses…An act or an object that is not a [תוֹעֲבַ֛ת] can become
one, depending on time and circumstances [Richard Elliott Friedman and Shawna
Dolansky, The Bible Now: Homosexuality, Abortion, Women, Death Penalty,
Earth (Oxford: Oxford University Press, 2011), 36]. Gushee notes, “It is
relevant to note that never again, outside of Leviticus, are same-sex actions
mentioned in Old Testament law, leaving at least 111 of the 117 uses of the
term “abomination” to describe other issues. It is interesting how few of those
other acts or character qualities are ever described as abominations by
Christians today” [David P. Gushee and Brian d. McLaren, Changing Our Minds:
Definitive 3rd Edition of the Landmark Call for Inclusion of LGBTQ
Christians with Response to Critics (Canton, MI: Read the Spirit Books,
2017), Kindle edition, ch. 12, loc. 1062).
[13] K. Renato Lings, “The ‘Lyings’ of a Woman:
Male-Male Incest in Leviticus 18:22?” Theology and Sexuality, 15.2
(2009), 236.
[14] Those who “shall be put to death” are: those
who “give any of their offspring to Molech” (v. 2); “all who curse their father
or mother (v. 9); “both the adulterer and the adulteress” (v. 10); both the
“man who lies with his father’s wife” along with the father’s wife (v. 11); “a
man [who] lies with his daughter-in-law” along with the daughter-in-law (v.
12); “a man [who] lies with a male” and the male with whom he lies (v. 13); “a
man [who] takes a wife and her mother” along with his wife and her mother by
being “burned to death” (v. 14); “a man [who] has sexual relations with an
animal” along with the animal (v. 15);
“a woman [who]…has sexual relations with an animal” along with the
animal (v. 16); “a man or a woman who is a medium or a wizard” by stoning (v.
27).
[15] Those who “shall be cut off from their people”
are: “a man who takes his sister” or half-sister” along with the sister or
half-sister (v. 17); “a man [who] lies with a woman having her sickness” along
with the woman (v. 18). Those who are “subject to punishment” are: “a man who
takes his sister” or half-sister” along with the sister or half-sister (v. 17);
a man who “uncovers the nakedness” of his “mother’s sister” or “father’s
sister” or “uncle’s wife” (v. 19–20). Those who will “die childless” are: a man
who “uncovers the nakedness” of his “mother’s sister” or “father’s sister” or
“uncle’s wife” (vv. 19–20); “a man [who] takes his brother’s wife” (v. 21).
[16]
Note that in Lev 18:2 God tells Moses to “Speak to the people of Israel,” and
in 20:2 Yahweh tells Moses, “Speak to the people of Israel. Any of the people
of Israel, or of the aliens who reside in Israel…”
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