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Sexual issues in Jewish law : essays and responsa / edited by Walter Jacob with Moshe Zemer
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Selected Reform Responsa 231

SEXUALITY OF A MATURING CHILD (1979)

QUESTION: How does Jewish tradition treat the sexuality of a child maturing toward adulthood? When is a child considered an adult in sexual matters?(CCAR Family Life Committee)

ANSWER: According to the Halacha . a boy is a minor until he has reached the age of thirteen years and one day. If two hairs have then a peared in the pubic region, he is considered adult(ish). If this has not occurred, then the change of status is delayed until the physical evidence has become visible. In any case, both the age of thirteen, plus the physical signs, are necessary(Nida 6.11, 46a: Maimonides . Yad, Hil. Ishut 2.10). Matters are somewhat different in the case of a girl, though there also the appearance of pubic hair was one requirement. If this has occurred, then she ceases being a child at the age of twelve and one day(Nida 6.11, 46a; Yad, Hil. Ishut 2.1). Here, however, a dual change of status is involved. For the next six months she is considered a Na-arah and at the end of that period, she goes through another change of status and becomes a woman (bogerer)(Ket. 39a; Kid. 79a; Nida. 65a; Yad, Hil. Ishut 2.2). In other words, in the case of a girl, there are two steps involved in becoming a woman. In addition, we should note that there is some disagreement in the rabbinic tradition about the varied outward signs of maturity in a female, but all agree on the necessity for pubic hair(7osefta, Nida 6.4; M. Nida 5.71; Yad, Hil. Ishut 2.8).

Bernard Bamberger dealt with these distinctions at some length and has come to the tentative conclusion that the rabbinic provision of stages for maturity in the case of girls was an effort on the part of the rab­bis to restrict harsh punishment of all problems connected with virginity and seduction(Deut. 22:13, to end of chapter), which were, in any case, difficult to enforce. This would have been in keeping with other efforts on the part of the rabbis to limit the effect of biblical laws(Bernard Bamberger ,Quetanah, Na'rah, Bogereth, Hebrew Union College Annual, vol. XXXII, 1961, pp. 281-294).;

We can be quite certain, therefore that concern with a sexuality began at age twelve and one day for girls and thirteen and one