Tuesday, October 18, 2011

Irrevocable Consent, Common Law, and Canon Law

As I have been writing more and more on Christian laws and Christian views on how this country should be governed, I am reminded of two things.  One Christianity is a diverse religion populated by billions of people with different ranges of beliefs and laws.  Finding out the Moral Majority was opposed to getting rid of the marital exemption was a punch to the gut.  Like Islam there is no one common law or one canon law.  Anyways over the last several weeks these two quotes have been on my mind.  One, Boykin explained that Islam is not a religion, because of "sharia law".
Islam is not a religion. Islam is a totalitarian way of life and it starts with a legal system call sharia law. It is then a financial system, it is a military system, it is a government system, I mean it's a geo-political system and that is hard for us to deal with, the fact that Islam is not a religion and does not deserve First Amendment protections.[1]
Two, Rabbi Sharon Brous talked about what amounted to irrevocable consent in the Talmud.  All these Christian men in the Bahamas keep saying that the Bible says that their wives cannot say "no" to them sexually.  Still what if they inflict pain, as a clumsy or brutal lover is prone to do?
There's a story in (speaking Hebrew), in this Tract 8 of Talmud that talks — it's talking about sexual relationships. And it's — it says that a husband and wife are allowed to do — basically, they're allowed to do whatever they want with each other sexually. You can enjoy each other, that's OK. That's not heretical. I mean, we're not an ascetic tradition and that's permissible. So then there's a story in which a woman comes before Rav, one of the great rabbis, and says, "My husband did this thing to me, and it's caused me incredible pain." And Rav says, "What can I do? The Torah permits you to him." And like, sort of throws his hands up in the air. And so, you know, I read things like that and I think of where is the, like, where is the understanding of human relationships here. Like, where is the understanding of how men and women operate and how law interacts with humanity. And you know, sort of read things like that. Even in the Book of Deuteronomy. I mean, this is not a rabbinic text but a biblical text, but you know, the punishment for raping a woman is marrying her. But you — your punishment is that you need to spend — you marry her and you're not allowed to divorce her. And you know, you read things like that and, I — read things like that and I think, my god, you know, this tradition is so painful in some ways and if I were writing the book, I would not have written that, I'm quite sure of it.[2]

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