Book Reviews

Milgrom, Jacob - Leviticus 17-22. The Anchor Bible. New York: Doubleday, 2000.

Reviewed by Tom Hanks.

Not often do top scholars provide us with the good ready-made sound-bites we need for debates
with our fundamentalist friends, but such is the case with orthodox Jewish rabbi Jacob Milgrom’s long
awaited second volume on Leviticus that covers the chapter with the infamous “clobber texts”
commonly cited against “homosexuals” (18:22 and 20:13). When Milgrom’s final volume is published,
he will have given us some 3000 pages on Leviticus, which is probably more than most of us will
want to edify ourselves with on that particular book. Many have been content to point out the
inconsistencies of fundamentalists, who cite the book as their authority for condemning
“homosexuals” but simply ignore the 90%+ of the book’s other teachings that neither Jews nor
Christians consider binding today.

However, sandwiched in between the clobber-text chapters is Leviticus 19:18, which Jesus, James
and Paul cited as the most important commandment: “love your neighbor as yourself” (see Mk 12:28-
31; Lk 10:25-28; Mat 22:39; 25:31-46; James 2:8; Gal 5:14; Rom 13:8-10; cf. Lev 19:34; Mat 5:43;
Deut 6:5). Then Leviticus 25, with its instructions regarding the Jubilee Year (inscribed on the
American Liberty Bell), contains what is commonly viewed as the most radical social-economic
legislation in the Bible--provisions for liberation of slaves, debt cancellation, ecological concerns,
and a radical redistribution of the land far more advanced in justice ideals that anything put into
practice in the world so far (in addition to Sharon Ringe’s classical study, Jesus, Liberation, and the
Biblical Jubilee (Philadelphia: Fortress, 1985), see now Ross and Gloria Kinslers’ The Biblical Jubilee
and the Struggle for Life (Maryknoll: Orbis, 1999). So although most Christians today unashamedly
prefer pork to Leviticus, a commentary of the depth of Milgrom’s at least makes us inquire whether
the book that proved so important to Jesus, James and Paul is not worth at least a brief second look.

I would recommend reading at least Milgrom’s insightful and fascinating pages on the clobber texts in
full (1565-70; 1748-50; 1784-90), but since 3000-page multi-volume commentaries on Leviticus are
not easily available to many, I will summarize and briefly critique the rabbi’s important conclusions.

Summary

    1 Most significant—and extremely important for the correcting misinterpretation of the New
    Testament clobber texts as well—Milgrom confirms Saul Olyan’s conclusion that the only act
    prohibited in Lev 18:22 and 20:13 is male-male anal sex:

    “as one lies with a woman. miskebe issa, literally ‘as the lyings down of a woman’ (cf. miskab
    sakar, Num 31:17, 18, 35 [P], referring to vaginal penetration. i.e., defloration; hence, in this
    case it must indicate anal penetration; Olyan 1994:183-85). It is a technical term (cf. 20:13)”
    (Milgrom, p. 1569).

    As I have often pointed out, this prohibition—and the New Testament texts that echo it— were
    given in historical contexts where condoms were not available: Hence, in effect, all the so-
    called “clobber texts” in the Bible say not a word against “homosexuals” nor homoerotic
    conduct generally, but simply taught our fundamental modern principle of “safer sex”: avoid
    anal sex (except with condom). Fundamentalist Jews and Christians may believe that the Holy
    Spirit verbally inspired the clobber texts to inerrantly teach safer sex—something they usually
    do not want to permit in public schools, since its more fun to have pregnant teenagers and
    single moms to preach against—but with Milgrom’s interpretation, the only thing that might
    legitimately be clobbered with the clobber texts is disregard for the fundamentals of safer sex.

    2 To explain the rationale behind the Levitical prohibitions of male-male anal sex, Milgrom
    concludes that they “specifically address the fear of a stagnant birth rate” (1785). And he
    raises the logical question: “However, particularly now, when the paramount issue is not birth
    increase but birth control; when populations explosions, especially in underdeveloped
    countries, is a major cause of the famines and wars that ravage the earth, does this biblical
    criterion (for ancient Israel!) carry universal validity?” (1785-86). After citing the commands to
    “be fruitful and multiply and fill the earth” (Gen 1:28; 9:1), he answers: “But the truth is that we
    have not only filled the earth, we have over-filled it” (1787).

    3 Milgrom sees some validity for the ancient priestly concerns to procreate in the case of Jews
    today, since a third of them were killed in the holocaust and in America more are lost through
    negative birth rates and intermarriage. However, “To Jewish homosexuals I offer an unoriginal
    solution. As a compensation for your loss of seed, adopt children” (Milgrom, 1787).

    Christian fundamentalists, who commonly visit Leviticus only long enough to pick up a couple
    of clobber texts, will not at first be happy to learn that this orthodox rabbi, the world’s leading
    expert on Leviticus, concludes (1) that only male-male anal sex (without condoms) was
    prohibited, (2) that the reason for such prohibitions was the need to maximize population
    growth (either after the Exodus or the Exile, depending on the dating of the texts), (3) that
    such a rationale makes no sense in the modern world, (4) and that we should therefore now
    encourage Jewish gay males to compensate by adopting children. But Falwellian
    fundamentalists can hardly accuse the scholar who has provided this commentary on Leviticus
    of unprecedented detail, of not “taking the Bible seriously”. It will be fascinating to see if
    Milgrom’s massive work encourages fundamentalists to take Leviticus more seriously—how
    they will seek to apply the book’s Jubilee provisions (celebrated by our pious founding fathers
    with the inscription on the Liberty Bell), for instance, to land distribution in Texas? Will we
    simply be treated to another example of the prejudice masked by “selective literalism” and
    incoherent argument, which has characterized fundamentalists throughout the history of
    Judaism, Christianity and Islam? The Holy Spirit has surprised us with Milgrom’s historic
    contribution, representing a major reversal of centuries of religious prejudice—should we not
    hope and pray she will do it again?

Critique

    1 Although Milgrom clearly and explicitly affirms his acceptance of Saul Olyan’s conclusion that
    Leviticus condemns only male-male anal sex, frequently he lapses into inaccurate,
    anachronistic references to “homosexuality” in the Hebrew texts. Thus, he recognizes that the
    sin of Sodom (Genesis 18) is specifically the attempted gang rape of angel visitors. However,
    repeatedly he refers both to the sin of Sodom, as well as the actual gang rape and murder of
    the Levite’s concubine at Gibeah (Judges 19) as involving “homosexuality” (1788-1799)!
    Modern readers without access to the original Hebrew can only be confused by such
    anachronistic importations of a modern scientific term denoting the sexual orientation of
    persons, including lesbians, when the texts involve show no interest or knowledge of the
    sexual orientation of the persons involved, but rather describe violent acts by males, whom
    today would be viewed as mainly bisexual, but perhaps including hetero- and homosexual.
    Such anachronistic importations of modern scientific terms are especially dangerous for
    fundamentalist readers, who (instead of taking seriously the original historical context) are
    ever tempted to imagine that the Holy Spirit was inerrantly inspiring the biblical writers to know
    more about modern science that “secular scientists” do. Had Milgrom familiarized himself with
    Mark Jordan’s recent works, he would have realized that in the Bible Sodom is a place, not a
    sin, and that the “sin” of “sodomy” was an invention of late medieval monks—who then left
    both western ecclesiastical and political law perpetually confused by their refusal to define this
    horrorific “unspeakable sin”.

    2 Personally, I agree with the Milgrom’s explanation that the best rationale for the Leviticus
    prohibitions against male-male anal sex is the concern to maximize population growth (already
    recognized by “Ramban”, Moses Maimonides, 1138-1204 C.E.). Such a rationale fits the
    immediately adjoining prohibitions against sex with women during her “menstrual uncleanness”
    (18:19), child sacrifice (18:21), and sex with animals (18:23). When we recognize that the
    entire book of Leviticus comes from the same priestly source of the Pentateuch that also gives
    us the first creation narrative of Genesis, with its command to “be fruitful and multiply” (1:28),
    the legitimate concern of exilic priests to maximize population growth is easily appreciated.
    Modern readers can quickly see that such prohibitions would be especially important in
    historical contexts in which the population was small (after the Exodus or in Exile), but may not
    in every case be wise guidelines in the modern world characterized by population explosion.
    However, as Milgrom recognizes (1566), alternative rationales commonly are suggested by
    modern scholars: the association of the practices with idolatry (Lev 18:1-2, 21, 24-30; 20:1-8,
    22-27; see John Boswell, 1980); the blurring of rigid patriarchal gender boundaries (Mary
    Douglas 1966; Bernadette Brooten 1996); the wasting of precious male semen; or the mixing
    of male semen with other defiling substances (blood, feces).

    In our contemporary debates it is important to keep the focus on the quite limited nature of the
    acts prohibited in Leviticus: male-male anal sex. Rationales for such laws may be multiple and
    may change over history. We do not need to await for the achieving of scholarly consensus
    regarding the cause(s) of heterosexuality or right-handedness, any more than we do for
    understanding why some people are homo/bisexual, left-handed or bi-dexterous. We may
    learn to tolerate persons engaged in consensual adult behavior that does no obvious harm
    (Romans 13:8-10) and let the scientists continue their investigations and debates. If it is
    incoherent and unjust to withhold deny basic human rights to persons who are heterosexual
    and right-handed until scientists can clearly agree on the cause(s) of these characteristics,
    the same applies to persons who are differently endowed.

    3 However perceptive exegetically, several of Milgrom’s attempts to ward off fundamentalist
    brandishing of Leviticus 18:22 and 20:13 as clobber texts, may appear irrelevant or weird to
    Christian readers.

    3.1 Contextually, of course, Milgrom is correct to observe that Leviticus 18:22 and 20:13
    are directed only to Jewish males in the Holy Land and for infractions of these laws
    threatens them with expulsion from the land (18:24-30; 20:22-24): “these regulations
    were binding only in Israel (and its resident aliens, 18:26), but not in other countries”
    (1750). Hence “it is incorrect to apply this prohibition on a universal scale” (1786), so
    “over ninety-nine percent of the gays, namely non Jews, are not addressed” (1787).
    The ban is “limited to male Jews and inhabitants of the holy land” (1790). Such an
    argument may work wonders with Jewish fundamentalists, but not with Christians, who
    must deal also with New Testament texts.

    3.2 Milgrom’s student David Steward has pointed out (1569) that the “lyings with a
    woman” always in the Hebrew Bible is used “only for illicit heterosexual unions” (1786).
    He agrees with Steward that this implies that the prohibition of male-male anal sex “does
    not cover all male-male liaisons, but only those within the limited circle of the family,” but
    such anal sex acts “with unrelated males are neither prohibited nor penalized” (1786).
    While this observation is a helpful reminder that the main emphasis in both Leviticus 18
    and 20 is on prohibitions of what we would designate as “incest” (see 1 Cor 5), the
    rabbinic logic involved probably will not carry much conviction with modern Christian
    readers. Milgrom, however, finds much coherence in the combined emphasis in
    Leviticus 18 and 20 to avoid incestuous unions producing illegitimate offspring, and to
    maximize legitimate births in stable patriarchal households by avoiding non-procreative
    sex.

    4 Milgrom makes considerable effort to come to terms with the differences between Leviticus
    18:22, which penalizes only the male who anally penetrates another male (often rape), and
    Leviticus 20:13, which condemns both males to death. Although he successfully avoids
    making such a law normative for modern societies, he fails to come to grips with Bernadette
    Brooten’s point (1996) about the horrendous injustice of condemning victims of anal rape and
    child abuse to death along with their violators, and the cruelty of ancient notions of
    contamination as “unclean” those who suffered this kind of sexual abuse.

    5 Repeatedly Milgrom makes clear that Leviticus only prohibits male-male anal sex, and that
    the Hebrew Bible has not a word to say against lesbian sex. However, not having read James
    Miller’s studies, Milgrom (1750) fails to recognize that in Romans 1 the issue also is only anal
    sex, that Romans 1:26 refers only to women who offer themselves for anal sex with males (to
    avoid procreation), and that the link between Romans 1:26 and 1:27 is anal sex (26, females
    with males; 27 males with males), not our modern scientific construct of “homosexuality”.
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