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I need clarification with two texts quoted on this forum that claim to condemn homosexuality per se. Text 1 (claiming to be from BaudhAyana Dharmasutra):

"One who does not have sex with his wife during her season, and one who has sex with her outside her season, as also one who deposits his semen in a place other than the vagina ––they all incur the same guilt."

BD 3.7.2

Is this text only condemning the dropping of semen by a married man on any other part of his wife's body except the vagina, or is it condemning all sexual acts between two men, even if they are unmarried?

Text 2: (claiming to be from Apastambha Dharmasutra):

A man who ejaculates his semen in any place other than the vagina becomes equal to a thief, equal to a murderer of a Brahmin.

AD 1.19.15

From my own research, it seems that AD 1.7.31-1.19.15 only talk about the Responsibility of the teacher, Veda studies, duty to teach, purification, rules on food.

Therefore, either this text is misquoted or it only applies to teachers of Gurukuls.

Can someone clarify?

Quest
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2 Answers2

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Bodhayana

BD 3.7.2 says :

यथा स्तेनो यथा भ्रूणहा +एवम् एष भवति यो ऽयोनौ रेतः सिञ्चति

A man who ejaculates his semen in any place other than the vagina becomes equal to a thief, equal to a murderer of a foetus.

(भ्रूण="brAhmin" being a mistranslation by both Buhler and Patrick Olivelle.)

Note that this is relevant to Arya-s/ dvija-s (who are eligible to do kUShmANDa homa, since it appears in that section).

Apastamba

AD 1.19.15 citation seems mistaken (seemingly from a misunderstanding of Patrick Olivelle's translation). However, AD has another sUtra (1.9.26.7) which clearly considers emission of semen outside a vagina a sin (as far as Arya-s/ non-shUdras are concerned) -

अनार्यव-पैशुन-प्रतिषिद्धाऽचारेष्व्
अभक्ष्याऽभोज्याऽपेय-प्राशने
शूद्रायां च रेतः सिक्त्वा ऽयोनौ च
दोषवच् च कर्माभिसंधिपूर्वं कृत्वा ऽनभिसंधिपूर्वं वा
ऽब्लिङ्गाभिर् अप उपस्पृशेद्
वारुणीभिर् वान्यैर् वा पवित्रैर् यथा कर्माभ्यासः ७

He who has been guilty of conduct unworthy of an Aryan, of calumniating others, of actions contrary to the rule of conduct, of eating or drinking things forbidden, of connection with a woman of the Śūdra caste, of an unnatural crime, of performing; magic rites with intent (to harm his enemies) or (of hurting others) unintentionally, shall bathe and sprinkle himself with water, reciting the (seven) verses addressed to the Waters, or the verses addressed to Varuṇa, or (other verses chosen from the Anuvāka, called) Pavitra, in proportion to the frequency with which the crime has been committed.

vishvAs vAsuki
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Yess they are talking about marraiged heterosexual couples, most exclusively for brahmins. These law books were for brahmins who walked on the way of no intercourse in order to obtain liberation (except procreative reasons). This has nothing to do with klibas/ members of third sex(tritikya prakirti). They were much more free had different rules in the society, mostly they were out of the varna system too.

Mustardou A
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