Question:
What answer can be given to an intelligent and educated person who is asking the following regarding the above:
1. The Torah forbids this for two males. It does not forbid it at all for females.
2.a. In the case of two females who are beyond age of childbearing and\or otherwise are not childbearers, the argument that childbearing is why the partnerships are not allowed does not hold water.
[2.b. In addition, p’ru urevu is a man’s mizvah not a lady’s.]
Thank you.
Answer:
Hello,
You seem to be an educated, intellectual person, because it is evident from your question that you know some of the halachot. However, I take issue with the assumption of that the Torah does not forbid this. The Talmud (Yevamos 76a) discusses this. The Rambam writes that it is biblically forbidden, as it is written that we should not follow in the ways of the Egyptians, who did these things. He does write that although it is a biblical transgression, for technical reasons the punishment of lashes will not apply. This is also the ruling of the Shulchan Aruch Even Haezer 20-2. (See sources) This prohibition has nothing to do with childbearing or the age of the two women. Women are commanded not to violate biblical transgressions even though they are not included in the mitzva of pru urvu.
Best wishes
Sources:
Sefer Mitzvos Hagadol (Lo Taaseh 126), Rambam Hilchos Issurei Biah chapter 21-8, Shulchan Aruch Even Haezer 20-2נָשִׁים הַמְסוֹלָלוֹת זוֹ בָּזוֹ אָסוּר וּמִמַּעֲשֵׂה מִצְרַיִם הוּא שֶׁהֻזְהַרְנוּ עָלָיו שֶׁנֶּאֱמַר (ויקרא יח-ג) ‘כְּמַעֲשֵׂה אֶרֶץ מִצְרַיִם לֹא תַעֲשׂוּ’. אָמְרוּ חֲכָמִים מֶה הָיוּ עוֹשִׂים אִישׁ נוֹשֵׂא אִישׁ וְאִשָּׁה נוֹשֵׂא אִשָּׁה. וְאִשָּׁה נִשֵּׂאת לִשְׁנֵי אֲנָשִׁים..
