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ëÌÈøÅú

Updated: 2013.04.09

Tor•âh-stipulated ëÌÈøÅú
(Biblical lists followed by rabbinic list of 36 transgressions) List of Transgressions Dictating ëÌÈøÅú Still Operating Today
  1. Every nëphësh that defies úÌåÉøÈä — ‭ ‬ úÌÇòÂùÒÆä áÌÀéÈã øÈîÈä (doing highhandedly) = îÀâÇãÌÅó (blaspheming) — bᵊ-Mi•dᵊbar 15.30-31

  2. îÀçÇìÀìÆéäÈ ùÑÇáÌÈú (profaning Shab•ât) by doing îÀìÈàëÈä (occupational work) — Shᵊm•ot 31.14

  3. Intermarriage (marrying daughter of a foreign god) — Dᵊvâr•im 7.3-4; Ma•lâkh•i 2.11-12

  4. úÌåÉòÅáÈä (sex with a menstruant) — wa-Yi•qᵊr•â 20.18

  5. Superstition, Mysticism and the Occult (àÉáÉú and éÌÄãÌÀòÉðÄéíwa-Yi•qᵊr•â 20.6

  6. Dishonesty (every thief, every false swearing witness, perjurer) — Zᵊkhar•yâh 5.3-4

  7. úÌåÉòÅáÈä (committing any listed immorality) — wa-Yi•qᵊr•â 18.29

  8. Ka•shᵊr•ut (exemplified by the eating of ãÌÈí) —wa-Yi•qᵊr•â 7.27; 17.10-14

  9. Possessing or eating çÈîÅõ during Khag ha-Matz•otShᵊm•ot 12.15, 19; bᵊ-Mi•dᵊbar 9.13

  10. Eating çÅìÆá, — wa-Yi•qᵊr•â 7.25

  11. èÈäåÉø and not traveling (stuck on a sailing ship by lack of wind, bad weather, etc.), yet refrained from celebrating Pësakhbᵊ-Mi•dᵊbar 9.13

  12. Approaching ÷ÌÈãÈùÑÄéí (paralleling tᵊphil•ot today) that have been sanctified by Bᵊn•ei-Yi•sᵊrâ•eil while in a state of contamination — wa-Yi•qᵊr•â 22.3

  13. Sex with sister or half-sister / step-sister — wa-Yi•qᵊr•â 20.17

  14. Male who is uncircumcised according to Ha•lâkh•âhbᵊ-Reish•it 17.14

  15. ëÈì-äÇðÌÆôÆùÑ àÂùÑÆø ìÉà-úÀòËðÆä áÌÀòÆöÆí Every nëphësh who doesn't answer by himself on Yom ha-Ki•pur•im - - wa-Yi•qᵊr•â 23.29

Those relying solely upon the racist claim of being a "born Jew," if they are guilty of any of the above and have not made tᵊshuv•âh, including restitution (+20%), have been excised from the Jewish people by é--ä.

Beit ha-Mi•qᵊdâsh-Dependent Transgressions That Dictated ëÌÈøÅú
  1. Entering the precincts of the Mi•shᵊkân after contact with the dead without first purifying oneself — bᵊ-Mi•dᵊbar 19.13, 20. (This might be applied, today, to tᵊphil•ot, and even more so in a mi•nᵊyân.)

  2. Making a sacrifice anywhere other than at the Mi•shᵊkânwa-Yi•qᵊr•â 17.9

  3. Offering or eating ôÌÄâÌåÌìwa-Yi•qᵊr•â 19.8

  4. Eating a sacrifice while unclean — wa-Yi•qᵊr•â 7.20, 21

  5. ùÑÀçÄéèÈä not as a sacrifice at Mi•shᵊkân defined as shedding blood — wa-Yi•qᵊr•â 17.3-4 (contrast w/ Dᵊvâr•im 12.11-15)

  6. Duplicating cologne formula of Ko•heinShᵊm•ot 30.33, 38

The Rabbinic List of 36 Transgressions Dictating ëÌÈøÅú (Mostly from wa-Yi•qᵊr•â 18)
  1. intercourse with mother

  2. intercourse with step-mother

  3. intercourse with step-daughter

  4. homosexual act

  5. bestial act by male

  6. bestial act by female

  7. intercourse with both mother and daughter (excludes one's own daughter)

  8. intercourse with woman married to another

  9. intercourse with sister

  10. intercourse with father's sister

  11. intercourse with mother's sister

  12. intercourse with wife's sister

  13. intercourse with brother's sister or wife (excepting levirate: Dᵊvâr•im 25.5)

  14. intercourse with father's brother's wife

  15. intercourse with menstruous woman

  16. blasphemy (bᵊ-Mi•dᵊbar 15.30)

  17. Defiance of úÌåÉøÈä, which includes atheism and constitutes idolatry: ëÌÄé ãÀáÇø-é--ä áÌÈæÈä, åÀàÆú-îÄöÀåÈúåÉ äÅôÇø; äÄëÌÈøÅú | úÌÄëÌÈøÅú, äÇðÌÆôÆùÑ äÇäÄåä òÂåÉðÈä áÈäÌ‫:‬ (Because he disdained the Dᵊvar é--ä, and violated His mi•tzᵊwâh; excise absolutely this nëphësh!!! Its felony is in it. – bᵊ-Mi•dᵊbar 15.31)

  18. Sacrifice of one's firstborn son (dedicating a child to Molëkh)

  19. Divining (e.g., spatilomancy or psychomancy; wa-Yi•qᵊr•â 20.6)

  20. îÀçÇìÀìÆéäÈ ùÑÇáÌÈú (profaning Shab•ât) by doing îÀìÈàëÈä (occupational work) — Shᵊm•ot 31.14

  21. unclean person eats sacrificial food

  22. unclean person enters precincts of Mi•shᵊkân

  23. Eating çÅìÆá, — wa-Yi•qᵊr•â 7.25

  24. one eats ãÌÈí (cf. wa-Yi•qᵊr•â 17.14)

  25. one eats meat that is ðÌåÉúÈø after 3 days (wa-Yi•qᵊr•â 19.6-8)

  26. one eats ôÌÄâÌåÌì (wa-Yi•qᵊr•â 7.18; 19.7-8)

  27. slaughters [for sacrifice] outside Mi•shᵊkân (cf. wa-Yi•qᵊr•â 17.9)

  28. sacrificing outside Mi•shᵊkân (cf. wa-Yi•qᵊr•â 17.9)

  29. eating khâ•meitz during Khag ha-Matz•ot (cf. Shᵊm•ot 12.19)

  30. not responding (e.g., eating) on Yom ha-Ki•pur•im (cf. wa-Yi•qᵊr•â 23.29-30)

  31. doing mᵊlâkh•âh on Yom ha-Ki•pur•im (cf. wa-Yi•qᵊr•â 23.29-30)

  32. compounding [anointing] oil prescribed in Shᵊm•ot 30.23-33

  33. compounding holy incense prescribed in Shᵊm•ot 30.34-38 (cf. Shᵊm•ot 12.19)

  34. misuse of anointing oil (Shᵊm•ot 30.32)35.

  35. violates laws of Pësakh [sacrifice] (bᵊ-Mi•dᵊbar 9.13)

  36. circumcision (bᵊ-Reish•it 17.14)

The Rabbis, attempting to dilute the meaning in a spirit of ecumenism, disagreed; some holding that ëÌÈøÅú meant death without surviving descendants, others held that it meant death at an early age (50-60) whereas Maimonides held that it meant the destruction of the nëphësh in contrast to Nakhmanides, who held that the nëphësh must live to be held accountable for a•veir•ot Tor•âh (see Abraham Chill, The Mitzvot, p. 12).

Maimonides and Nakhmanides were both correct in that ëÌÈøÅú was [a] capital punishment, which Ta•na"kh specifically describes as destruction of the nëphësh and which constitutes the accounting of the nëphësh for a•veir•ot Tor•âh and [b] specifically described by Tanakh as being ëÌÈøÅú from Israel—excised. (The Christian parallel is excommunication.)

There were four methods of administering ëÌÈøÅú:

  1. strangulation,

  2. the sword,

  3. fire (pouring molten lead down the throat—e.g., for incest) and

  4. stoning (e.g., for profaning ùÑÇáÌÈú; Chill, p. 67)

There were also capital offenses not specifically stipulating ëÌÈøÅú; e.g., inter alia, kidnapping another Jew, inflicting an injury on one's parents, defection by an elder from úÌåÉøÈä, false prophecy (for which the penalty was death by strangulation), and even murder (for which the penalty was death by sword).

ëÌÈøÅú and çÄìÌåÉðÄéí vs Moderate Yᵊhud•im

Polls consistently show that most of the Israeli Yᵊhud•im who describe themselves as çÄìÌåÉðÄéí do so as their way of rejecting the fanatic fringe 8% (in 2011) Ultra-Orthodox / Kha•reid•i standard. Because most keep as much as they understand (their utmost) of Ha•lâkh•âhShab•ât, the Khaj•im, etc., they are more accurately described as "moderate Yᵊhud•im." Except for a tiny component of anti-religious and atheists, they are not truly çÄìÌåÉðÄéí.

The modern halakhic definition of a Jew vaguely acknowledges the Biblical ëÌÈøÅú in adding the clause "unless one converts to another religion." That, of course, is a gross underrepresentation of the Biblical definition of ëÌÈøÅú – diminishing Tor•âh in violation of Dᵊvâr•im 13.1. By the Tor•âh standard, the anti-religious and atheist çÄìÌåÉðÄéí, along with assimilated and estranged "Jews," having incurred ëÌÈøÅú, are no longer Jews – unless they are doing their utmost to make tᵊshuv•âh (and, consequently, are receiving ki•pur). For further details see Pishtah Keihah (The "Flickering-Out Wick" of Yᵊsha•yâhu 42.1-4).

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