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I need to clarify a few things and sepperate fact from fiction and allegations. No reference for these confused rabbis is given, but clearly they are confused and we agree on that much.But of those 213 times, only 16 of them actually refer to sex. It is not common to use "shakav" to refer to sex. "Mishkav," which also mainly means "to lie down" or (as a noun) "bed," is the more common word to use when sex is meant. While 14 out of 213 looks to be inconclusive, when you look at 14 out of 16, where the two that are not clearly non-consentual are the very verses we are wondering about, suddenly the picture changes.
The only two verses where "shakav" means sex, and it is not clearly a case of non-consensual sex, are Leviticus 18:22 and Leviticus 20:13. In both of these verses, both "shakav" and "mishkav" are used. The forbidden sex is called "shakav" while the acceptable sex it deviates from is called "mishkav."
When the rabbis whose discussions make up the commentaries known as the Talmud and the Midrash were working out their understandings of the Scriptures, the familiar division of the books into numbered chapters and verses had not yet been invented. One rabbi would write out the whole verse to begin his argument. Another rabbi, commenting on the first one's points would abreviate the verse, quoting just enough to remind his readers of the passage in question. A discussion of Leviticus 18:22 and 20:13 would be referred to as "man-lying" or "Mishkav zakur." Except that that is not a correct abbreviation of the verse. But it was only by pretending that the verse used "mishkav" instead of "shakav" that the rabbis were able to extend the prohibition to all man-on-man sex.
Even so, they could not extend it to woman-on-woman sex. A couple of rabbis questioned whether it should be, but the overwhelming response was that there was nothing wrong with a woman "rubbing" another woman.
The rabbis also wondered why, if only the taking of the "active" position is forbidden, the "passive" man is also to be killed. They could not find a satisfying answer. They were left with competing theories, none of them conclusive. The one with the most adherents was that that if the "passive" man were not killed, he would be a constant reminder of the shame that one of their own had been a "man-lyer."
This is supported by two other Biblical facts. The rape laws mandated that the woman be killed if the act occurred in the village (presumably with a neighbor), but not if it occurred in the field (presumably by a stranger) [Deuteronomy 22:23-27] and the fact that David's ambassadors to Ammon were not killed after their rape by Hanun's men, but just secluded until the evidences of their violation faded and their beards grew back in. [2 Samuel 10; 1 Chronicles 19]
Ok, I recounted using blueletterbible.org simple search for shakab,
There are 213 occurrences all in OT, 54 (not 16) clearly reference sexual activity including heterosexual acts (many more than just 2), homosexual acts, bestiality, and rape/non-consensual. Most of those 54 references are single occurrences in a single verse. A few times the word occurs multiple times in one verse (thou shall not lie with….. and the one who lies with will be….“ for example). Several times there are a series of verses, each using the word but covering only a single event (one rape for example).
Remove both multiple occurrences of the SHAKAB in a single verse and a series of verses covering the same event, and we get only 39 distinct references to a sexual act where SHAKAB is the word used.
Of those 39, only 6 directly indicate rape. In all 6 of those references there are either other words present or context to modify the word SHAKAB to indicate either force or violence is associated with the act. Which means the ONLY TIME SHAKAB is used to clearly indicate RAPE it apparently REQUIRES the use of context or words such as “force” or “hold” to indicate it was either violent or non-consensual. It is NEVER used alone to indicate non-consensual sex without these modifiers.
Said another way, that is about 15% of the times SHAKAB is used, it is referencing a sexual activity that is forced rape, but in EVERY one of those cases the context and modifying words are needed to indicate this sex was FORCED. So the word itself cannot simply be taken as “non-consensual” as was originally suggested by Mr Wolf.
If we add the two events with Lot (two daughters getting him drunk on two nights) and even the two bestiality references as certainly non-consensual then we can stretch this to only 1 in 4 times that SHAKAB is used, that it is used to reference to a non-consensual sex. STILL IN ALL 10 of these cases the verses clearly give other words or context indicating the sex is non-consensual. A beast, a drunk, force, pillaging are all elements needed to turn SHAKAB into non-consensual sex.
So again, for us to conclude that every reference using SHAKAB (the other 75%) are all non-consensual is clearly without merit.
So to conclude the two verses in question forbid only non-consensual homosexual acts is completely without merit as there is nothing in those verses to suggest the presence of force or violence is required to make it prohibited. In fact it compares the homosexual act with the heterosexual act.
So if we follow the opposite sides logic the verses in question would be rendered something like “though shall not rape another man as one would rape a woman” which makes no sense at all.
An attempt is made to suggest other words are used to reference consensual sex instead of SHAKAB. That is clearly false as a full 75% of the time SHAKAB is used it is consensual sex.
A further attempt to deceive is used in suggesting the various punishments for rape indicate something regarding the usage of SHAKAB (rape in city verses rape in field – stone the woman in the city but spare the woman raped in the field). It is not a question of passive verses active, or stranger verses known perp.
Am not sure why there should be confusion here as the following verses clearly say the reason this is so. It says that the woman in the city should have cried out where as the presumption in the field is that woman would not have been heard even if she did cry out. Now I am not about to defend the ancient cultures treatment of woman, but we do not need to invent reasons where one is given and justified (at least in their minds).
The incident regarding David’s men and the way they were treated by Hanun’s men is another smoke screen. First the word SHAKAB is not part of that story at all. Second they had the bottoms of their britches torn out and their heads shaved. While we might laugh today at such college frat antics, there was great shame in just those literal acts in those days. We have NO need to invent the added disgrace of a rape on David’s men to explain their great shame. But even if we say the story indicates forced rape by men on men (am not sure why we should believe this), there is no connection to the word SHAKAB in this story. So the point is both moot and deceptive.
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