Open Beit Midrash - Bikkurim Week 6

(1) An Androginos (a hermaphrodite, who has both male and female reproductive organs) is similar to men in some ways and to women in other ways, in some ways to both and in some ways to neither.

(2) In what ways is s/he similar to men? Like a man, s/he is considered unclean through semen; is required to perform yibbum (levirate marriage) like a man; dresses and cuts hair like a man; marries others and is not married off, like a man; and is obliged to perform all the commandments in the Torah, like a man.

(3) In what ways is he like women? He causes impurity with red discharge like women; and he must not be secluded with men, like women; and he doesn't make his brother's wife liable for yibbum (levirate marriage), like women; and he does not share [in the inheritance] with the sons, like women; and he cannot eat most holy sacrifices, like women. At his birth his mother counts the blood of her impurity like [they do when they give birth to a] girl; and he is disqualified from being a witness, like women. If he had illicit intercourse, he is disqualified from eating terumah, like women.

(4) In what ways is he like both men and women? One who strikes him or curses him is liable, as in the case of men and women; one who unwittingly kills him must go into exile, and if on purpose, then [the slayer] receives the death penalty, as is the case of men and women. His mother must [at his birth] bring an offering, as in the case of men and women. He may eat holy things that are eaten outside of the Temple; and he many inherit any inheritance, as in the case of men and women. And if he said, "I will be a nazirite if he is a man and a woman", he is a nazirite.

(5) 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 Meir says: the hermaphrodite is a unique creature, and the sages could not decide about him. But this is not so with a tumtum (one of doubtful sex), for sometimes he is a man and sometimes he is a woman.

(9) It is permissible, while clad in a garment with fringes, to enter a lavatory (privy) or bath house. If threads either of the white fringes, or the blue cord, have been severed, the fringes may be thrown on the waste-heap, because the fringes though used in the fulfillment of a precept, have no intrinsic sanctity. It is forbidden to sell a garment with fringes to a non-Israelite, unless the fringes are unwound; not because any sanctity attaches to them, but for fear that the non-Israelite, wearing the garment with fringes, may be joined on the road by an Israelite who will deem him a co-religionist, and the Gentile may murder the Israelite. Women, bondsmen and minors are exempted by the Scriptural law from the obligation of having fringes in their garments. The Sages however have prescribed that a male child, as soon as he can put on a garment, is under the obligation of having a garment with fringes, so as to be trained in religious observances. If women or bondsmen desire to wear garments with fringes, no objection is raised, but they do not recite the blessing. The same is the rule with respect to other affirmative precepts from the obligation of which women are exempt. If they wish to fulfill them without reciting the blessing, no objection is raised. Persons of doubtful sex and a hermaphrodite, because of the doubt, are under the obligation to fulfill all the precepts. Hence, they do not recite the blessing, but fulfill the duty without pronouncing the benediction.

(2) Women and slaves are exempt [from wearing tzitzit] because it is a time-dependent commandment. Rem"a: And if they wish to wrap [in tzitzit] and say the blessing on them it is up to them to do so as with all time-dependent commandments (Tosafot and the Rosh and the Ran, Chapter 2, Rosh Hashanah, First Chapter of Kiddushin). However, it looks as if they are doing it to appear more observant than others, therefore, they should not wear tzitzit, as it is not a commandment of the person [rather of the object] (Agur Section 27). [And for slaves] This means we do not have to buy him a tallit in order that he be required to wear tzitzit as we see in Chapter 19 it says when he has a shawl with four corners he should wear it.The requirement for a tumtum and an androgynous is doubtful and so they should wrap without a blessing (Explanation: a tumtum does not know whether he/she is male/female, and an androgynous has both male and female genitals).Rem"a: And since it is our custom that women should say the blessing when they fulfill time-dependent commandments so should they (Divrei Atzmo)

(7) Women, slaves and minors are not eligible for the quorum required for the introductory formula. But they recite it when they are by themselves. However, to prevent licentiousness, women, slaves and minors should not be formed into a joint company for Grace. But women may form a quorum for themselves, and so may slaves. In either case they do not use the name of God in the introductory formula. An androgyne recites the introductory formula if the entire company is of his class, but not if the other members are normal men and women. One whose sex cannot be determined never says the introductory formula. A minor if he is only seven or eight years of age, provided he understands Who it is that is addressed in benediction, may be counted in the quorum, whether it consists of three or ten persons. A non-Israelite is not to be counted.

(2) They may perform all the necessities of circumcision on Shabbat: circumcising, uncovering [the corona], sucking [the wound], and placing a compress and cumin upon [the wound]. If one did not grind [the cumin] on the eve of Shabbat, he may chew [it] with his teeth and apply [it to the wound]. If he did not beat up wine and oil on the eve of Shabbat, he should apply each separately. They may not make a cloak for it in the first place, but he may wrap a rag about it. If this was not prepared from the eve of Shabbat, he may wind it about his finger and bring it, and even from another courtyard.

(3) They bathe the infant both before and after the circumcision, and sprinkle [warm water] over him by hand but not with a vessel. R. Elazar ben Azaryah says: they may bathe an infant on the third day [of circumcision] which falls on the Shabbat, as it is said, “And it came to pass on the third day, when they were sore” (Genesis 34:25). For one who about whom it is doubtful, and a hermaphrodite, they may not desecrate Shabbat But Rabbi Judah permits [it] in the case of a hermaphrodite.

(7) A proselyte must, before he can enter the communion of Israel be circumcised. If, while still a gentile, he had already been circumcised, it is requisite to draw a drop of blood from the membrum, on the day when he is received, as a sign of the covenant. Similarly, if a male infant is born with the prepuce absent, it is requisite to draw a drop of blood from the membrum when the infant is eight days old. An androgyne that has both male and female organs is to be circumcised on the eighth day. So too a male infant delivered by the Caesarean operation, or one born with two foreskins is to be circumcised on the eighth day.

(6) If a priest who was eunuch by nature married the daughter of an Israelite, he confers upon her the right to eat terumah. Rabbi Yose and Rabbi Shimon stated: if a priest who was an hermaphrodite married the daughter of an Israelite, he confers upon her the right to eat terumah. Rabbi Judah stated: if a tumtum was opened up and found to be a male, he may not perform halitzah, because he has the same status as a eunuch. The hermaphrodite may marry [a wife] but may not be married [by a man]. Rabbi Eliezer stated: concerning the hermaphrodite, [the one who has relations with him] is liable to be stoned like one [who has relations with] a male.