[Avodah] [Areivim] Efrat's rabbi: Same-sex couple can raise a family

[Harry Maryles]

(This post is being redirected to Avodah at the request of the the list-owner. I had written a lengthy post about the propriety of  a homosexual couple - whether male or female - raising a child (via adoption of artifical insemination). In the course of trying to determine whether there is any justification for that, I made the comment that there is no Issur of Yichud for two mlaes or two females sharing a bedroom. I received the following response which includes an excerpt from my original post. My reply follows - HM)
 
--- On Wed, 1/7/09, Moshe Y. Gluck <mgluck at gmail.com> wrote:


R' HM:
I am not sure about that. But even if he's right there would have to be
several conditions attached. The couple would have to commit to living a
Halachic lifestyle. Admitting that they are attracted to members of the same sex
is not a sin. Only acting on it is. And there is no sin in two males or two
females living in the same house and sleeping in the same bedroom at night.
-----------

Not so (at least regarding males). See EH 24:1 and the Chelkas Mechokeik and
Beis Shmuel there.
Just looked at it. IIUC both Nosei Kelim you mention there say that in the Mechaber's country prominscuity in MZ was common and therefore people should distance themselves from Yichud - as The Mechaber states. But in their countries - which I assume means Europe - it is only a Midas Chasidus - a meritorious practice and not a requirement. 
=========================
 
Just looked at it. IIUC both Nosei Kelim you mentioned  say that in the  Mechaber's country - promiscuity in MZ was common and therefore people should distance themselves from Yichud - as the Mechaber states. But in their countries - which I assume means Europe - it is only a Midas Chasidus - a meritorious practice and not a requirement. 
OTOH if they are single it is Assur for them to sleep in the same bed together.
 
I do not see this as definitive halacha forbidding two men sleeping in the same room. As the Mechaber points out at the very beginning of the Siman - Jews (i.e. males in the context of this Halacha) are not suspected of MZ so Yichud is not Assur for them. One can possibly say that religious Jews are not suspected of MZ. IOW even if they are gay - they will abstain.
 
But I will admit that if two men are attracted sexually to each other then it is at least common sense not sleep in the same bedroom together. Ein Apitropus L'Arayos. But Halacha L’Maaseh? I’m not so sure.

 
HM


      
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