Saturday, October 14, 2017

halacha - How is gender halachically determined?


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)?



Answer



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.


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