Rabbis and 6 genders - Pride Torah III

(1) 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.

(2) In what ways is he like men?He causes impurity with white discharge, like men; He dresses like men; He can take a wife but not be taken as a wife, like men. [When he is born] his mother counts the blood of purification, like men; He may not be secluded with women, like men. He is not maintained with the daughters, like men; He transgresses the law of: “You shall not round” (Leviticus 19:2 and “You shall not defile for the dead,” (Leviticus 21:1) like men; And he must perform all the commandments of the Torah, like men.

(3) And 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); 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 in 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 may inherit any inheritance, as in the case of men and women.

(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 Yose 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), for sometimes he is a man and sometimes he is a woman.

(1) All are obligated on the three pilgrimage Festivals in the mitzvah of appearance, i.e., to appear in the Temple as well as to sacrifice an offering, except for a deaf-mute, an imbecile, and a minor; and a tumtum, and a hermaphrodite, and women, and slaves who are not emancipated; and the lame, and the blind, and the sick, and the old, and one who is unable to ascend to Jerusalem on his own legs. Who has the status of a minor with regard to this halakha? Any child who is unable to ride on his father’s shoulders and ascend from Jerusalem to the Temple Mount; this is the statement of Beit Shammai. And Beit Hillel say: Any child who is unable to hold his father’s hand and ascend on foot from Jerusalem to the Temple Mount, as it is stated: “Three times [regalim]” (Exodus 23:14). Since the term for feet is raglayim, Beit Hillel infer from here that the obligation to ascend involves the use of one’s legs.

Rabbi Yitzḥak said: For what reason were our forefathers initially infertile? Because the Holy One, Blessed be He, desires the prayers of the righteous, and He therefore wanted them to pray for children. Similarly, Rabbi Yitzḥak said: Why are the prayers of the righteous compared to a pitchfork [eter], as in the verse: “And He let Himself be entreated [vaye’ater]”? This indicates that just as this pitchfork turns over produce from one place to another, so the prayer of the righteous turns over the attributes of the Holy One, Blessed be He, from the attribute of rage to the attribute of mercy. Rabbi Ami said: Abraham and Sarah were originally tumtumin, as it is stated: “Look to the rock from where you were hewn, and to the hole of the pit from where you were dug” (Isaiah 51:1), and it is written in the next verse: “Look to Abraham your father and to Sarah who bore you” (Isaiah 51:2), which indicates that sexual organs were fashioned for them, signified by the words hewn and dug, over the course of time.

Rav Naḥman said that Rabba bar Avuh said: Our mother Sarah was initially a aylonit, as it is stated: “And Sarah was barren; she had no child” (Genesis 11:30). The superfluous words: “She had no child,” indicate that she did not have even a place, i.e., a womb, for a child.

MISHNA: With regard to one who divorces his wife because she is a sexually underdeveloped woman who is incapable of bearing children [ailonit], meaning that after their marriage it became clear that she was sexually underdeveloped, Rabbi Yehuda says: He may not remarry her, and the Rabbis say: He may remarry her. If, after he divorced her, this ailonit married another man and had children from him, meaning that she was not actually an ailonit, and she is demanding payment of her marriage contract from her first husband, claiming that he unlawfully divorced her without paying her marriage contract as he claimed that she was an ailonit and their marriage was a mistaken transaction, Rabbi Yehuda said that he may say to her: Your silence is preferable to your speech, because he may say that he divorced her only because he believed her to be an ailonit, this could casts aspersions the validity of the divorce and the status of her children. Therefore, it would be wise of her to withdraw her claim.