The
Talmud contains extensive discussion concerning the status of two intersex types in Jewish law; namely the
androginus, which exhibits both male and female external sexual organs, and the
tumtum which exhibits neither. The nature of the
androgynous is a topic first expanded upon explicitly in the
Mishna, where debate arises as to the individual’s classification as either male or female. The
Talmud discusses it primarily in two places, in Tractate
Bikkurim and in Tractate
Yevamot. One opinion in Tractate Bikkurim indicates that the
androgynos has elements of the male, elements of the female, elements of both, and elements of neither. The other opinion insists that the androgynos is its own sex—a category unto itself. Yevamot conducts a much lengthier analysis, where a variety of different approaches are considered in light of the opinions established in Bikkurim. In these discussions, the Talmudic personalities delineate four theoretical categories into which the androgynos may fall: • The sex of the individual is unknown. They may be male or may be female, but their true identity remains in doubt. • They are their own sex, a category unto themselves completely separate from the male and female sexes. • They are both male and female, that is, they exist simultaneously as a member of both sexes. • They are considered male. Because they possess male sexual characteristics, they belong to the male sex.
Jewish Law has specific legal obligation that differ for men and women, and thus gender becomes an exceedingly important aspect of one’s identity. When determining the legal gender of
androgynos individuals, a minority of Jewish Law decisors, “
posek”, classify
androgynos individuals as completely male. Therefore,
androgynos individuals would be obligated by law in the same way as men. However, the majority of Talmudic commentators and Jewish Law decisors do not assign
androgynos individuals a fixed gender, and instead leave them in a status of doubtful identity. According to this classification, in cases where the law differs for men and women,
androgynos individuals must adhere to the stricter option. For example, time-bound positive
mitzvot (commandments) that men are obligated to keep and women are exempted,
androgynos individuals must keep the obligation. Those who classify an
androgynos individual as definitively both male and female would agree with this principle, though practice may differ in certain cases. The difference between classifying an
androgynos individual as only male or as a doubtful identity would manifest itself in a case where performing a commandment would also require a blessing in conjunction. According to those who maintain that an
androgynos has an uncertain sex, the individual would not recite the blessing. This is because the only men may recite this blessing, and if the individual is not a man, they would be reciting the blessing in vain. However, according to the opinions who maintain that the individual is fully male, then they would recite the blessing as any other male would. ==Christianity==