Wednesday 29 May 2019

Bechorot 42: Tumtum, Androginos, Eunich: Chalitza, Betrothal, Other Determinations


Today's day focuses on animals that are categorized as tumtum, with hidden sexual organs, an androginos, with male and female sexual organs, and a eunuch, missing male sexual organs either from birth or due to injury.  In their discussion, the rabbis comment on verses in Leviticus 1, 3 and 27.  They also discuss a number of baraitot.  Some of these references refer to animals and some to people.

The rabbis notice that the Torah separates male and female for a number of reasons regarding different expectations and functioning, including their actual valuation in their society.  Those whose sex is uncertain or does not fit into the categories of "male" and "female" must be categorized, as well, so that they have a place in this ancient society.

The rabbis discuss a number of issues, including:
  • whether a tumtum is subject to the laws of chalitza, for if s/he were 'torn', it might be discovered that she was "female" and thus not truly married, or "male", and thus he is subject to chalitza
  • the relative significance of uncertainty in betrothal of a tumtum or androgynous
  • from which part of the body the animal urinates, for male and female animals are unlike people and urinate from parts of the body that are not "in the same place"
  • those who change to become eunuchs and how that might affect their marriages
It seems that the rabbis rule toward integrating rather than separating those with uncommon sexual organs from the rest of the community.  Within the limitations of Torah law, of course.  It would also seem that lesbian relationships - between a tumtum who has internal female organs and an 'ordinary' woman - are condoned.   

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