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More serious than that, is having relations with one’s wife when she is
a niddah, for after several days she will again be permitted to him; 3.
Of greater severity is having relations with a married woman, whose
husband may die, thus rendering her permitted to him; 4. More se-
vere is having relations with a non-Jewish woman, which is [merely]
an infringement of Torah law so long as he has not sired a child by
her – for she may possibly convert and he can marry her – only if he
has sired a child by her is he considered to be actually worshipping
idols; 5. Of greater severity is homosexuality, which is permitted un-
der no circumstances whatsoever; 6. Even more severe than that is
copulation with a non-human, e.g. a person having relations with an
animal.”

The difference between these levels of severity apparently pertains
to the sinner’s burial among completely wicked individuals, as stated
by the gemara in Yevamos (32b): “The difference is relevant in regard
to burial among the completely wicked.” Rashi explains (s.v. ela amar):
“For an evildoer is buried among [other] evildoers, as the mishnah
says in Sanhedrin (46a):“Two burial places were readied for beis din’s
use, one for those put to death by the sword or by strangulation [i.e.
the two‘lighter’ forms of execution by beis din] and another for those
put to death by stoning or by burning [i.e. the more serious forms of
execution] and here too, since he violated two sins he is buried among
those who were stoned or burned.”

Accordingly, here too we will say that a habitual homosexual of-
fender has sinned more severely than an adulterer or a person who
has had relations with a non-Jew and has sired a child for idolatry, for
homosexual relations are never permitted under any circumstances
whatsoever.

It should be realized that the aforementioned levels follow the
view that having relations with a non-Jewess is an extremely serious
transgression, as the gemara states in Bava Basra (8a) – “‘I am a wall’
(Shir Hashirim 8:10), this refers to the Congregation of Yisrael.” Rashi
explains,“All are equal [in regard to erecting] a wall, protecting them-
selves from assimilating among the idolaters” – yet [on Rav Saadia
Gaon’s list] homosexual relations are even more serious.

326 1 Medical-Halachic Responsa of Rav Zilberstein