23

I apologize if this is a sensitive topic, but it seems that this question is foundational to some of the discussions that appear here. I hope that my wording is appropriate.

If I understand correctly, halacha identifies four gender categories (זכר, נקבה, אנדרוגינוס, and טומטום). This status has substantial bearing on practical application of Torah.

I suspect that modern discoveries such as chromosomes and internal imaging are not directly relevant in determining gender according to halacha. So what then is the halachic definition? Is one's sex then determined solely by the visible presence of reproductive organs or other bodily features? If so:

  • Do internal organs play a role, or only external ones?
  • Does one's halachic gender change if one's organs change (either naturally, accidentally, or artificially)?
0

1 Answer 1

14

The Tzitz Eliezer has a famous responsum (שו"ת ציץ אליעזר ח"י סי’ כ"ה פרק כ"ו קטע ו) where he states that we go by the external organs in determining gender, and sex changes are effective in changing one's halachic gender. However, there are other opinions that sex changes do not change halachic gender; I assume that according to these opinions, gender is determined by the genetalia a person is born with, but not by the genetalia a person currently has (see אנציקלופדיה הלכתית רפואית: נתוח הפיכת מין, especially note 14). Either way, the categories of tumtum and adroginus are still relevant to halacha, since the external organs are a key part of how we determine halachic gender.

For more information, see Rabbi Alfred Cohen's article "Tumtum And Androgynous", Journal of Halacha & Contemporary Society XXXVIII; Fall 1999 - Sukkot 5760.

11
  • 14
    This answer misrepresents the view of the Tzitz Eliezer. In the cited responsum, the Tzitz Eliezer mentions that either a spontaneous or an artificial sex change would bring up questions regarding halachic identity, but he does not actually discuss the case of an artificial change or extrapolate any halachos from his discussion of a spontaneous physiological sex change.
    – Fred
    Jan 26, 2015 at 23:54
  • 14
    Further, in vol. XI (§78), the Tzitz Eliezer seems to implicitly negate the possibility that a person with a halachically definite male or female sex could halachically alter their sex via artificial means (though he ponders - but does not answer - the question of whether surgically changing an infertile אנדרוגינוס into a female would change its halachic status from that of an אנדרוגינוס to that of a female).
    – Fred
    Jan 26, 2015 at 23:54
  • 1
    Although we wouldn't use science to change an אנדרוגינוס, why wouldn't we use science to figure out a טומטום. Every טומטום should really get a status of טומטום שנקרע.
    – HaLeiVi
    Jun 9, 2015 at 3:38
  • 4
    There's nothing in that price that remotely implies that halachic gender is determined by anything but genitalia at birth.
    – user12751
    Aug 9, 2016 at 18:09
  • 1
    See here for a more recent survey of various opinions on the subject (Section E): rabbimanning.com/wp-content/uploads/2016/04/…
    – robev
    Jun 7, 2017 at 3:01

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .