One of the craziest things about the ancient world (in my opinion) was cult prostitution. Cult prostitution, also known as temple or sacred prostitution, refers to performing sexual acts, often for payment, in the context of a religious ritual, as part of worship, and even in the temple! We see it in ancient Greece, the middle east, and, yes, Canaan (and is not limited to those localities). We tend to think of religious people as prudes – but people would go to temple and pay to have sex and that money would go to the temple! (Talk about a fund raiser.) Judaism was radically different in that it protected women and children from this kid of sexual exploitation. It wanted you to only have sex in a married relationship (but did not deny that plenty of people had sex outside of that context). And so, it tried to separate, as much as possible, any form of prostitution from temple profits.
So, this is the gem – our rabbis trying to figure out if someone pays a prostitute with an animal, and the prostitute wants to dedicate that animal to the temple service, if this is permitted. It’s not. However, if two people have sex and one gives the other a lamb just as a gift . . well, that’s another matter.
If the man gave the prostitute payment but did not engage in intercourse with her, or if he engaged in intercourse with her but did not give her payment, it is permitted for her payment to serve as an offering.
Okay, pause. This is ridiculous. If he did not have intercourse with her, then obviously the animal is not prohibited. It was not a payment because nothing happened. If he had sex with her and didn’t pay her – then there is literally no animal to prohibit.
The Gemara discusses difficulties with the wording of the baraita: If he gave her payment but did not engage in intercourse with her, isn’t it obvious that it is permitted? Since he did not engage in intercourse with her, it is merely a gift that he has given her, and there is no reason for it to be forbidden. Why does the baraita need to state this? And furthermore, with regard to the case in the baraita where he engaged in intercourse with her but did not give her payment, he did not give her anything, and since he did not give her payment, what is the meaning of the statement that her payment is permitted?
The Gemara answers: Rather, this is what the baraita is saying: If he gave her payment and afterward, after some time elapsed, he engaged in intercourse with her, or if he engaged in intercourse with her and afterward, after some time elapsed, he gave her payment, her payment is permitted, because the payment was not given proximate to the intercourse.
Ha! Okay, I will give you this nice lamb and maybe we will have adult consensual sex sometime. But it’s not payment! It’s a gift.
The second scenario reminds me of a friend I had in college. One day her cell phone bill came and she said she was going to send it to a guy she slept with. (To clarify, not her boyfriend, a one night stand.) I was baffled by this. I asked why he would pay it, and she said because she slept with him. I told her that if she expects money after sleeping with someone, that made her a prostitute. She disagreed. After reading today’s daf I realize that the rabbis might have agreed with her (not that they would in any way condone this behavior). They certainly would have taken the payment.
So we see that we have protections against temple prostitution and the rabbis don’t want to profit off of selling sex . . . but they’re not gonna dig too deep to make sure that everyone makes their money in only the most ethical of ways.