We are in the midst of discussing sexual crimes that receive the death penalty. Leviticus 20:15 states: “If a man has sexual relations with an animal, he is put to death and you must kill the animal.” In the case of a Jew who commits this transgression, the law is unambiguous. But Rav Sheshet’s students ask what happens if a non-Jew has intercourse with an animal. Jewish law doesn’t govern a non-Jewish person, so the person is not subject to the death penalty. But what about the animal — is it executed? Rav Sheshet answers in the affirmative.
The Gemara challenges Rav Sheshet’s position:
If that were so, then a gentile who bows down to his animal, the animal should be forbidden and it should be killed.
If we destroy an animal that a gentile used for sexual gratification, the Gemara reasons, then we would also destroy an animal that has been worshipped by a gentile. However, we learn elsewhere in the Gemara (Temurah 29) that when a Jew bows down to an animal, the animal does not become forbidden to other Jews. If the idolatrous act of a Jew does not prevent other Jews from benefiting from the animal, the Gemara reasons, a similar act from a non-Jew should not affect the status of the animal. This means there is no justification for killing the animal.
But the Gemara has a difficult time accepting that an animal that has been the subject of bestiality is killed while an animal that has been the subject of idolatry is not. Both are crimes that incur the death penalty. So what is the functional difference?
The Gemara offers an explanation: We kill an animal that has been involved in bestiality because of the shame incurred by such an act — we want to ensure the (non-Jewish) human being never encounters the animal again. The level of shame felt by an idol worshipper, by contrast, is significantly less, so there is no reason to take the animal’s life. This makes sense: In antiquity, idol worship was an integral part of non-Jewish life; bestiality was not. So it’s reasonable to assume the non-Jew would feel shame only with regard to one of these two acts, both of which are abhorrent to Jews.
But this argument fails. If it really were a matter of shame, the Gemara reasons, then there would be no reason to destroy trees that have been worshipped. And yet, the Torah commands the Israelites to do just that, on multiple occasions.
This leaves the Gemara still searching for a reason that animals involved in bestiality (with non-Jews) are put to death, while animals that are the subject of idolatry (by non-Jews) are not. Rava suggests that it might be about the animal instead:
Rava says that there is a different reason for the distinction between an animal that was worshipped and an animal with which one committed bestiality: The Torah states that because the animal enjoyed the transgression, it must be killed. This cannot be said about an animal that was worshipped.
An animal that is worshipped is, presumably, unaffected by the act. But the animal that is the object of bestiality may have derived pleasure from the experience, and may seek to experience the pleasure again and cause someone to sin as a result. That is why the animal is put to death.
Aside from the revulsion we might feel toward what Rava suggests — that sexually mistreating an animal will turn it into a sexual predator — the logic is not sound. Rava’s position is ultimately rejected by the same counterexample that is used above: trees. We cannot imagine that trees that have once been the subject of idolatry would somehow seek out more people to worship them. Yet, they are destroyed.
So, when animals that are the victims of bestiality are destroyed, and even trees that are worshipped are chopped down, why are animals who become objects of idol worship spared? The Gemara concludes:
The Merciful One has pity on them.
Logic doesn’t explain why animals that have been used for idolatry are spared. The best explanation is that God steps in on their behalf and, from a place of compassion, spares them from this fate.
Read all of Sanhedrin 55 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on February 10, 2025. If you are interested in receiving the newsletter, sign up here.
Help us keep Jewish knowledge accessible to millions of people around the world.
Your donation to My Jewish Learning fuels endless journeys of Jewish discovery. With your help, My Jewish Learning can continue to provide nonstop opportunities for learning, connection and growth.
