[Avodah] [Areivim] if they asked, it would have been assur

[Zev Sero]

Moshe Yehuda Gluck wrote:
> R’ SZN posted (on Areivim) this link, 
> http://www.cjnews.com/viewarticle.asp?id=11008 and assumes, in his 
> caption, that it would be assur. Would it really be? The only thing 
> stated in this article is that the subject took female hormones. I 
> highly doubt that this comes under the letter of the letter of the law 
> of Lo Silbash (although, I agree that it would be included in the 
> spirit).

Sirus is an issur deoraisa.  Even chemical sirus is assur for a male.
And though the article doesn't say so explicitly, it's pretty clear
that the hormone regime is a prelude for surgery.  The only heter I
can think of is medical necessity.  Even if it's not actual pikuach
nefesh, because, e.g., he could have been restrained and prevented
from doing anything to himself, that's not a life.  And even if his
distress wasn't so severe that he'd actually do something to himself,
if it was severe enough to subject himself to this, and to persuade
his doctors to go along with it (which AIUI isn't easy), then surely
it's enough to permit transgressing a lav.

At any rate, mutar or assur, now it's done.


> Also, mah dino? Rambam (Hilchos Nashim 2) discusses the various 
> simanim, if these are all surgically or chemically induced does it 
> halachically change one’s gender? And, Lu Y’tzu’yer that Surgeons manage 
> to have a (?former?) man give birth – do we say Banim harey hein 
> k’simanim? Comments?

The Tzitz Eliezer paskens that the person is now a woman, and if she
hadn't given her wife a get earlier, she wouldn't need one now,
because she's no longer an eshet ish.

-- 
Zev Sero               Something has gone seriously awry with this Court's
zev at sero.name          interpretation of the Constitution.
                       	                          - Clarence Thomas