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Updated: 2013.04.09

Tor•âh-stipulated
(Biblical lists followed by rabbinic list of 36 transgressions) List of Transgressions Dictating Still Operating Today
  1. Every nëphësh that defies — ‭ ‬ (doing highhandedly) = (blaspheming) — bᵊ-Mi•dᵊbar 15.30-31

  2. (profaning Shab•ât) by doing (occupational work) — Shᵊm•ot 31.14

  3. Intermarriage (marrying daughter of a foreign god) — Dᵊvâr•im 7.3-4; Ma•lâkh•i 2.11-12

  4. (sex with a menstruant) — wa-Yi•qᵊr•â 20.18

  5. Superstition, Mysticism and the Occult ( and wa-Yi•qᵊr•â 20.6

  6. Dishonesty (every thief, every false swearing witness, perjurer) — Zᵊkhar•yâh 5.3-4

  7. (committing any listed immorality) — wa-Yi•qᵊr•â 18.29

  8. Ka•shᵊr•ut (exemplified by the eating of ) —wa-Yi•qᵊr•â 7.27; 17.10-14

  9. Possessing or eating during Khag ha-Matz•otShᵊm•ot 12.15, 19; bᵊ-Mi•dᵊbar 9.13

  10. Eating , — wa-Yi•qᵊr•â 7.25

  11. and not traveling (stuck on a sailing ship by lack of wind, bad weather, etc.), yet refrained from celebrating Pësakhbᵊ-Mi•dᵊbar 9.13

  12. Approaching (paralleling tᵊphil•ot today) that have been sanctified by Bᵊn•ei-Yi•sᵊrâ•eil while in a state of contamination — wa-Yi•qᵊr•â 22.3

  13. Sex with sister or half-sister / step-sister — wa-Yi•qᵊr•â 20.17

  14. Male who is uncircumcised according to Ha•lâkh•âhbᵊ-Reish•it 17.14

  15. - - Every nëphësh who doesn't answer by himself on Yom ha-Ki•pur•im - - wa-Yi•qᵊr•â 23.29

Those relying solely upon the racist claim of being a "born Jew," if they are guilty of any of the above and have not made tᵊshuv•âh, including restitution (+20%), have been excised from the Jewish people by --.

Beit ha-Mi•qᵊdâsh-Dependent Transgressions That Dictated
  1. Entering the precincts of the Mi•shᵊkân after contact with the dead without first purifying oneself — bᵊ-Mi•dᵊbar 19.13, 20. (This might be applied, today, to tᵊphil•ot, and even more so in a mi•nᵊyân.)

  2. Making a sacrifice anywhere other than at the Mi•shᵊkânwa-Yi•qᵊr•â 17.9

  3. Offering or eating wa-Yi•qᵊr•â 19.8

  4. Eating a sacrifice while unclean — wa-Yi•qᵊr•â 7.20, 21

  5. not as a sacrifice at Mi•shᵊkân defined as shedding blood — wa-Yi•qᵊr•â 17.3-4 (contrast w/ Dᵊvâr•im 12.11-15)

  6. Duplicating cologne formula of Ko•heinShᵊm•ot 30.33, 38

The Rabbinic List of 36 Transgressions Dictating (Mostly from wa-Yi•qᵊr•â 18)
  1. intercourse with mother

  2. intercourse with step-mother

  3. intercourse with step-daughter

  4. homosexual act

  5. bestial act by male

  6. bestial act by female

  7. intercourse with both mother and daughter (excludes one's own daughter)

  8. intercourse with woman married to another

  9. intercourse with sister

  10. intercourse with father's sister

  11. intercourse with mother's sister

  12. intercourse with wife's sister

  13. intercourse with brother's sister or wife (excepting levirate: Dᵊvâr•im 25.5)

  14. intercourse with father's brother's wife

  15. intercourse with menstruous woman

  16. blasphemy (bᵊ-Mi•dᵊbar 15.30)

  17. Defiance of , which includes atheism and constitutes idolatry: --- , - ; | , ‫:‬ (Because he disdained the Dᵊvar --, and violated His mi•tzᵊwâh; excise absolutely this nëphësh!!! Its felony is in it. – bᵊ-Mi•dᵊbar 15.31)

  18. Sacrifice of one's firstborn son (dedicating a child to Molëkh)

  19. Divining (e.g., spatilomancy or psychomancy; wa-Yi•qᵊr•â 20.6)

  20. (profaning Shab•ât) by doing (occupational work) — Shᵊm•ot 31.14

  21. unclean person eats sacrificial food

  22. unclean person enters precincts of Mi•shᵊkân

  23. Eating , — wa-Yi•qᵊr•â 7.25

  24. one eats (cf. wa-Yi•qᵊr•â 17.14)

  25. one eats meat that is after 3 days (wa-Yi•qᵊr•â 19.6-8)

  26. one eats (wa-Yi•qᵊr•â 7.18; 19.7-8)

  27. slaughters [for sacrifice] outside Mi•shᵊkân (cf. wa-Yi•qᵊr•â 17.9)

  28. sacrificing outside Mi•shᵊkân (cf. wa-Yi•qᵊr•â 17.9)

  29. eating khâ•meitz during Khag ha-Matz•ot (cf. Shᵊm•ot 12.19)

  30. not responding (e.g., eating) on Yom ha-Ki•pur•im (cf. wa-Yi•qᵊr•â 23.29-30)

  31. doing mᵊlâkh•âh on Yom ha-Ki•pur•im (cf. wa-Yi•qᵊr•â 23.29-30)

  32. compounding [anointing] oil prescribed in Shᵊm•ot 30.23-33

  33. compounding holy incense prescribed in Shᵊm•ot 30.34-38 (cf. Shᵊm•ot 12.19)

  34. misuse of anointing oil (Shᵊm•ot 30.32)35.

  35. violates laws of Pësakh [sacrifice] (bᵊ-Mi•dᵊbar 9.13)

  36. circumcision (bᵊ-Reish•it 17.14)

The Rabbis, attempting to dilute the meaning in a spirit of ecumenism, disagreed; some holding that meant death without surviving descendants, others held that it meant death at an early age (50-60) whereas Maimonides held that it meant the destruction of the nëphësh in contrast to Nakhmanides, who held that the nëphësh must live to be held accountable for a•veir•ot Tor•âh (see Abraham Chill, The Mitzvot, p. 12).

Maimonides and Nakhmanides were both correct in that was [a] capital punishment, which Ta•na"kh specifically describes as destruction of the nëphësh and which constitutes the accounting of the nëphësh for a•veir•ot Tor•âh and [b] specifically described by Tanakh as being from Israel—excised. (The Christian parallel is excommunication.)

There were four methods of administering :

  1. strangulation,

  2. the sword,

  3. fire (pouring molten lead down the throat—e.g., for incest) and

  4. stoning (e.g., for profaning ; Chill, p. 67)

There were also capital offenses not specifically stipulating ; e.g., inter alia, kidnapping another Jew, inflicting an injury on one's parents, defection by an elder from , false prophecy (for which the penalty was death by strangulation), and even murder (for which the penalty was death by sword).

and vs Moderate Yᵊhud•im

Polls consistently show that most of the Israeli Yᵊhud•im who describe themselves as do so as their way of rejecting the fanatic fringe 8% (in 2011) Ultra-Orthodox / Kha•reid•i standard. Because most keep as much as they understand (their utmost) of Ha•lâkh•âhShab•ât, the Khaj•im, etc., they are more accurately described as "moderate Yᵊhud•im." Except for a tiny component of anti-religious and atheists, they are not truly .

The modern halakhic definition of a Jew vaguely acknowledges the Biblical in adding the clause "unless one converts to another religion." That, of course, is a gross underrepresentation of the Biblical definition of – diminishing Tor•âh in violation of Dᵊvâr•im 13.1. By the Tor•âh standard, the anti-religious and atheist , along with assimilated and estranged "Jews," having incurred , are no longer Jews – unless they are doing their utmost to make tᵊshuv•âh (and, consequently, are receiving ki•pur). For further details see Pishtah Keihah (The "Flickering-Out Wick" of Yᵊsha•yâhu 42.1-4).

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