Tuesday 30 July 2019

Temura 11: Tumtum and Adroginos Animals as Unique Creatures Regarding Sanctification

Today's daf considers animals that sanctify and animals that are sanctified.  In particular, the Gemara discusses animals that are tumtum, of indeterminate sex, or androginos, with male and female genitalia.  Because sanctification is specific to sex and age.  Rabbi Eliezer teaches that the animals listed about cannot be brought as sacrifices.

He lists the animals that are "neither sacred nor do they sanctify".  Back in Massekhet Yevamot (83), we learned about how to approach animals in these states.  Rabbi Yosei considered the tumtum and the androgynos as berya bifnei atzmah, unique creatures who cannot be treated either as male or as female.  The rishonim defined beryah bifnei atzmah differently. Tosafot understood this as a lasting situation of sefek, doubt, where we will never know the sex of the person as male or female and thus they must be considered unique.  The Ramban accepts the simple meaning of beryah bifnei atzmah and rules that an androgynous is viewed by halacha as neither male nor female.

In today's world, people are continuing to work for the rights of those who are "unique creatures"; those who do not into a binary understanding of male and female.  It is amazing that some of today's rabbis are less accepting of these precious, unique beings than our Sages two thousand years ago.

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