CCAR RESPONSA
American Reform Responsa
155. Sexuality of a Maturing Child
(1979)QUESTION: How does Jewish tradition treat the sexuality of a child maturing toward adulthood? When is a child considered an adult in sexual matters? (CCAR Family Life Committee)ANSWER: According to the Halacha, a boy is a minor until he has reached the age of thirteen years and one day. If two hairs have then appeared in the pubic region, he is considered adult (Ish). If this has not occurred, then the change of status is delayed until the physical evidence has become visible. In any case, both the age of thirteen, plus the physical signs, are necessary (Nida 6.11, 46a; Maimonides, Yad, Hil. Ishut 2.10). Matters are somewhat different in the case of a girl, though there also the appearance of pubic hair was one requirement. If this has occurred, then she ceases being a child at the age of twelve and one day (Nida 6.11, 46a; Maimonides, Yad, Hil. Ishut 2.1). Here, however, a dual change of status is involved. For the next six months she is considered a Na-ara, and at the end of that period, she goes through another change of status and becomes a woman (Bogeret) (Ket. 39a; Kid. 79a; Nida 65a; Maimonides, Yad, Hil. Ishut 2.2). In other words, in the case of a girl, there are two steps involved in becoming a woman. In addition, we should note that there is some disagreement in the Rabbinic tradition about the varied outward signs of maturity in a female, but all agree on the necessity for pubic hair (Tosefta, Nida 6.4; Mishna, Nida 5.7ff; Maimonides, Yad, Hil. Ishut 2.8). Bernard Bamberger dealt with these distinctions at some length and has come to the tentative conclusion that the Rabbinic provision of stages for maturity in the case of girls was an effort on the part of the Rabbis to restrict harsh punishment of all problems connected with virginity and seduction (Deut. 22:13, to end of chapter), which were, in any case, difficult to enforce. This would have been in keeping with other efforts on the part of the Rabbis to limit the effect of Biblical laws (Bernard Bamberger, “Quetanah, Na’rah, Bogereth,” Hebrew Union College Annual, vol. XXXII, 1961, pp. 281-294). We can be quite certain, therefore that concern with active sexuality began at age twelve and one day for girls and thirteen and one day for boys. However there was some concern also expressed earlier. If the physical signs of maturity were absent from a man or a woman, they were not considered adults until they had reached the age of twenty, according to Beit Shammai (Nid. 5.9, 47b; Yev. 96b; Shulchan Aruch, Even Ha-ezer 155.12). If a eunuch shows the normal physical signs of maturity, then he becomes an adult at thirteen. Nowadays, any male is presumed to have reached his majority at thirteen, a process which began in Gaonic times (She-iltot. Bechukotai 116; Akiva Eiger, Shulchan Aruch, Orach Chayim 615.2). In addition to sexuality at the time of maturity, the Talmud also concerned itself with the beginnings of sexuality at a much earlier age, for it felt that a girl attained an initial degree of sexuality at age three, and a boy at nine. For these reasons various laws which dealt with sexual relationships were in force for minors. Such a young girl could, for example, be acquired as a wife through sexual relations; if she was sexually violated at this early age by an adult, the normal punishments were in effect. The sexual acts of males nine years old and above were also considered as those of an adult (Nida 5.5ff). A girl could also be betrothed at this early age, and there was a special simplified form of separation (Me-un–refusal) which would be exercised to annul such an early betrothal or be used by her to refuse such a marriage. Before the age of ten Me-un might be used for annulment, but was not strictly necessary (Yev. 107ab; Yad, Gerushin XI.3; Shulchan Aruch, Even Ha-ezer 155.3). The father possessed the right to give his minor daughter in marriage with or without her consent (Ket. 46b; Kid. 41a). There was some debate whether a girl in this stage of Na-ara could contract her own marriage, as she was completely subject to her father (Kid. 43b and 44a); but it is quite certain that once she had reached the stage of Bogeret, she was independent and could contract her own obligations (Nida 5.7). In the Middle Ages, strong protests against child marriages were raised (Judah Mintz, Responsa, #13; Isserles to Shulchan Aruch, Even Ha-ezer, who quotes Jacob Pollock, etc.). This decision and the considerable detail provided by the Talmud on early sexuality before betrothal, weddings, seduction, and rape, show that these laws are far from theoretical, but representative of an actual concern on the part of the Rabbinic tradition. They are discussed to a greater or lesser extent during succeeding centuries in the responsa literature, reflecting standards of the time.Walter Jacob, ChairmanLeonard S. KravitzEugene J. LipmanW. Gunther PlautHarry A. RothRav A. SoloffBernard Zlotowitz
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