[Avodah] dealing with trans-gender

Micha Berger via Avodah avodah at lists.aishdas.org
Thu Feb 25 11:32:07 PST 2016


On Thu, Feb 25, 2016 at 08:04:21AM -0800, saul newman via Avodah wrote:
: http://www.jewishjournal.com/religion/article/orthodox_rabbi_addresses_transgender_issues
: rabbi dr weinreb's take on the issue

Quoting:
    "Most rabbis believe birth gender is the halachic gender for life."

    In an email later, the rabbi explained, "Thus a person born male
    who becomes a trans-female is still a male halachically, and for
    example, is obligated to wear tefillin. A person born female who
    becomes trans-male is exempt from tefillin."

    Weinreb frequently cited "Dor Tahapuchot" by Rabbi Idan Ben Efraim,
    a Hebrew exploration of transgender issues that he said is considered
    one of the most extensive...

The Tzitz Eliezer (10:25:26) in a teshuvah about heart transplants
veers into the topic at length. Until seeing this news story, I thought
it was the only published material on the subject.

   I also saw in the sefer called by the name Et Achiv (by haRov R' Yosef
   Palaji z"l) 3:5 who was asked if a case like this about requiring a
   gett. And this is his language:
       One question came up to be asked of Moreinu R' Y.Tz.V. (?) if a
       gett is required kedas Moshe veYisrael if this happens. Which is:
       Re'uvein who married a woman ... and after some years something
       happened to her that she changed from femal to male in every
       way. What is the din for someoe who was femal, and eishes ish
       and became a man -- does Re'uvein have to divorce her with a gett
       kdeas Moshe veYisrael, since she was his wife an eisher ish, or
       maybe he doesn't have to because she isn't a woman? ... In the
       topic of our question, is appears that he doesn't need a gett
       because he is male now and not a woman.

The TE relates RYP's teshuvah to genital reconstruction surgery. Now
the TE himself:

    I also believe that a man like this who was a woman first and turned
    into a man, nir'el li that when he says Birkhos haShachar does not say
    "shelo asani ishah" because he was made first a woman in his mother's
    belly and emerged to the air of the world in the form of a woman.
    Rather, he is mevareikh BAA EHH shehafachni le'ish.

Those translations date back to an scj(m) discussion. The only snippets
I had of the teshuvah is from a blog post I couldn't find right now.
But the choice of quotes was theirs, not mine.)

Notice that RZHW's conclusion is not RYP's or the TE's.

Tir'u baTov!
-Micha

-- 
Micha Berger             You want to know how to paint a perfect
micha at aishdas.org        painting?  It's easy.
http://www.aishdas.org   Make yourself perfect and then just paint
Fax: (270) 514-1507      naturally.              -Robert Pirsig



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