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עברית
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Tumtum and Androginos
Sources
A
MISHNA:
If one said:
I am hereby a nazirite when I will have a son, and a son was born to him, he is a nazirite.
If
a daughter, a
tumtum
, or a hermaphrodite [
androginos
] is born to him, he is not a nazirite,
since a son was not born to him. However,
if he says:
I am hereby a nazirite
when I will have a child,
then
even if a daughter, a
tumtum
, or a hermaphrodite is born to him, he is a nazirite.
Nazir 12b:10
A
baraita
teaches that the apparently superfluous phrase:
“Then your valuation shall be”
(Leviticus 27:3), serves
to include a
tumtum
and a hermaphrodite in
the
halakha
of
assessments,
despite the fact that they are not included in the
halakha
of valuations. If one assesses a
tumtum
or a hermaphrodite, he is obligated to give that assessment. The
baraita
explains
that
one
might
have thought that since the verse states:
“A vow
of persons to the Lord,
according to your valuation…
Arakhin 4b:4-5
The Master said
in the
baraita
:
“Your males”
comes
to exclude a
tumtum
and a hermaphrodite.
The Gemara asks:
Granted,
the exclusion of
a hermaphrodite was necessary,
as
it could enter your mind to say
that
since he possesses an aspect of masculinity,
i.e., he has a male sexual organ,
he should be obligated
like a male. Therefore, the
baraita
teaches us
that a hermaphrodite
is a being unto itself,
which is neither male nor female.
Chagigah 4a:6
MISHNA:
A woman
who discharges
or gives birth to
a
tumtum
,
whose sexual organs are obscured,
or
to
a hermaphrodite [
ve’androginos
],
who has both male and female sexual organs,
shall observe
the strictures of a woman who gave birth both
to a male and to a female.
She is impure for fourteen days like a woman who gave birth to a female, but blood that she sees thereafter is pure only until forty days after birth, like for a woman who gave birth to a male…
Niddah 28a:12-28b:3
MISHNA:
If
a priest who is a eunuch by natural causes married an Israelite woman,
he
enables her to eat
teruma
. Rabbi Yosei and Rabbi Shimon say:
If
a priest who is a hermaphrodite,
possessing both male and female genitals,
married an Israelite woman,
he
enables her to eat
teruma
.
Rabbi Yehuda says:
If
a
tumtum
,
whose external sexual organs are indeterminate,
was torn
open so that his genitals were exposed,
and he was found
to be
a male,
he
must not perform
ḥalitza
…
Yevamot 81a:3-5
MISHNA:
With regard to one who
left
behind
sons and daughters and a
tumtum
,
whose halakhic status as male or female is indeterminate, the
halakha
is as follows:
When the estate is large the males direct
the
tumtum
to the females
and exclude him from the inheritance, claiming that perhaps the
tumtum
is female. When the
estate is small, the females direct
the
tumtum
to the males
and exclude him from receiving sustenance, claiming that perhaps the
tumtum
is male…
Bava Batra 140b:4-9
The Gemara
raises an objection
from a different source: A priest who is
a
tumtum
may not partake of
teruma
,
but
his wives and slaves may partake
of it. A priest who had been circumcised, but subsequently the residual foreskin was
drawn forward, and
similarly
one who was born circumcised,
i.e., without a foreskin,
may partake
of
teruma
. A priest who is
a hermaphrodite [
androginos
],
possessing both male and female genitals, and was circumcised
may partake of
teruma
…
Yevamot 72a:10-18
The Gemara suggests:
Come
and
hear
another
baraita
. It states with regard to a burnt offering from cattle:
“A male”
(Leviticus 1:3), from which it can be inferred:
But not a female. When it says below,
with regard to a burnt offering from sheep:
“A male”
(Leviticus 1:10), a second time, it is difficult to understand,
as
there is
no
need for
the verse to state
this.
Why
must
the verse state
“a male” again? This serves
to exclude a
tumtum
and a hermaphrodite…
Bekhorot 41b:4-42a:1
§ It is taught in the mishna that
Rabbi Yehuda says:
If
a
tumtum
,
whose external sexual organs are indeterminate, was torn open so that his genitals were exposed, and he was found to be a male, he must not perform
ḥalitza
because he is treated like a eunuch.
Rabbi Ami said: What
would
Rabbi Yehuda do with the
tumtum
living in the town
of Biri, who was placed in a seat
for an operation,
and
the tissue covering his genitals
was torn
open
and
he later
fathered seven children?
Evidently…
Yevamot 83b:6-11
The hermaphrodite is in some ways like men, and in other ways like women. In other ways he is like men and women, and in others he is like neither men nor women.
Mishnah Bikkurim 4:1
Rabbi Ḥiyya teaches: Blood that is found in the corridor
is considered definite menstrual blood, and therefore if she engages in intercourse, both she and her partner would be
liable as a result of
this blood to receive
karet
for entering the Temple
intentionally when ritually impure, or to bring an offering for entering unwittingly.
And one burns
teruma
due to it,
if the woman touches such produce.
And Rav Ketina says:
It is impure merely as a matter of uncertainty…
Niddah 17b:10
And in what is he different from both men and women? One does not burn terumah if it came into contact with his discharge, Neither is he liable for entering the temple while impure, unlike men or women. He must not be sold as a Hebrew slave, unlike men or women. He cannot be evaluated, unlike men or women. If one says: “I will be a nazirite, if he is neither a man nor a woman,” then he becomes a nazirite. Rabbi Yose says: the hermaphrodite is a unique creature, and the sages could not decide about him…
Mishnah Bikkurim 4:5
“The sexless.” Everybody agrees that a sexless who was torn open and turned out to be a male on the first day of a holiday is liable. Where do they disagree? On the remaining days. Ḥizqiah said,
he shall be seen, he shall be seen
, he who is liable on the first {day} is liable on the second; he who is not liable on the first {day} is not liable on the second. Rebbi Joḥanan said, all seven {days} are make-up for the first. Rebbi Ila said, Rebbi Joḥanan inferred this from the Second
Pesaḥ
…
Jerusalem Talmud Chagigah 1:1:9
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