Bechorot 41: Animal that are Tumtum or Androginos

Today a new Mishna teaches us that some animals with blemishes continue to have the sanctity of firstborn animals.  These include those with sexual anatomy that is different from the norm, including

• tumtumim, where there are no external sexual organs that clearly identify it as male or female
• androgynous, where where both male and female sexual organs are present

Massechet Yevamot discusses these issues at some length.  Rabbi Yosei suggests that an androgynous is a beryah bifnei atzmah, a unique creature not treated as male or female.  Tosafot adds that this is a permanent situation of safek, doubt, which allows us to think of this person or animal as a unique creature.  The Ramban accepts the simple meaning of the expression, ruling that an androgynous is viewed by Halacha as a creature that is neither male nor female; it is not necessary to define it as a separate creature.

Steinsaltz connects these thoughts to modern medical terms for sexual differences such as these.  There are those who have both male and female sexual glands, and there are those who have the appearance of both male and female sexual organs but only one set of sexual glands.