[Avodah] Androgynous

[Dr. Josh Backon]

There are 4 opinions in the gemara on the status of the androgynous:

a) doubtful male and doubtful female [Tana Kama in Mishna Bikkurim 4;
R. Yosi in the mishna in Yevamot 81a and Resh Lakish in the gemara there]

b) a *birya* [creation] unto itself and its status has not been determined
[Braita in Yevamot 83a; Ramban in last section of Yevamot and in his
Hilchot Bechorot Chapter 6; ROSH Bechorot Chapter 6 Siman 8]

c) partially male and partially female [Tosfot Yevamot 83a; RAAVAD on Rambam
Hilchot Shofar 2:12 and in Hilchot Terumot 7:16]

d) definite male [R. Elizer in the Mishna Yevamot 81a]

Most poskim have ruled as per #1 (doubtful male and doubtful
female) [RIF in Yevamot; Rambam Hilchot Mila 3:6; Rambam Hilchot Ishut
2:24; TUR Orach Chaim 331 # 5; TUR Yoreh Deah 194; BACH in TUR Yoreh
Deah 265; GRA Even haEzer 172 s"k 18].

The androgynous is required to observe all mitzvot (even "she'hazmna gerama").
Many of the laws are detailed in the Encylopedia Talmudit under *androgynous*.

PLASTIC SURGERY: by halacha it is forbidden to perform plastic surgery
to change the sex to female even if chromosomal tests indicate female gender
[Tzitz Eliezer Chelek XI Siman 78]. Many reasons are given for this
prohibition. See also the article in ASSIA (Volume 1 pg. 142) by Rav Moshe
Steinberg. The Nishmat Avraham [Even ha'Ezer 44 #3] however, indicates
that *if* all internal reproductory organs are female then one may perform
plastic surgery [as per Rav Shlomo Zalman Auerbach]. This was the case
too in the Tzitz Eliezer  XI 78 when he in fact permitted surgery when all
organs were female.

KT

Josh