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The Passuk · Bekhorot 42 · בכורות מ״ב

The Hidden Identity Behind Temple Valuations

How a single grammatical letter in Leviticus defines the legal boundaries of ambiguous gender.

וְהָיָ֤ה עֶרְכְּךָ֙ הַזָּכָ֔ר מִבֶּן֙ עֶשְׂרִ֣ים שָׁנָ֔ה וְעַ֖ד בֶּן־שִׁשִּׁ֣ים שָׁנָ֑ה וְהָיָ֣ה עֶרְכְּךָ֗ חֲמִשִּׁ֛ים שֶׁ֥קֶל כֶּ֖סֶף בְּשֶׁ֥קֶל הַקֹּֽדֶשׁ׃

the following scale shall apply: If it is a male from twenty to sixty years of age, the equivalent is fifty shekels of silver by the sanctuary weight; (Leviticus 27:3)

The Plain Meaning of Fixed Valuations

In the final chapter of Leviticus, the Torah presents the laws of ערכין (arakhin, statutory valuations). When an individual vows the valuation of a person to the Temple, the sum paid does not reflect fair market price. Instead, Scripture prescribes fixed statutory values based entirely on the person's age group and biological sex.

For an adult male between twenty and sixty years old, the Torah sets a standard sum of fifty silver shekels. Female valuations and other age categories are assigned distinct, lesser amounts. The פשט (peshat, plain meaning) describes an unambiguous framework: a person must belong clearly to the male or female demographic to have a prescribed statutory worth.

אֵין עֵרֶךְ זֶה לְשׁוֹן דָּמִים, אֶלָּא בֵּין שֶׁהוּא יָקָר בֵּין שֶׁהוּא זוֹל, כְּפִי שָׁנָיו הוּא הָעֵרֶךְ הַקָּצוּב עָלָיו בְּפָרָשָׁה זוֹ

This word valuation does not mean market price; rather, whether one's worth is high or low, the valuation fixed for him in this passage is according to his years. (Rashi on Leviticus 27:3:1)

Concealed Anatomy Versus Independent Gender

A sharp dispute emerges in Tractate Bekhorot concerning individuals whose physical anatomy is ambiguous. Rav Chisda establishes that an אנדרוגינוס (androgynos, hermaphrodite), having dual male and female reproductive organs, is classified as a distinct physical entity. By contrast, a טומטום (tumtum, an individual whose reproductive organs are concealed by skin) is merely a matter of unresolved doubt. Beneath the skin, the person is truly either male or female.

Rava challenges Rav Chisda by pointing directly to the laws of valuations. If a tumtum is genuinely an ordinary male or female whose true gender is simply hidden, a vow of valuation should take effect. The donor should pay the appropriate statutory sum according to one of the two genders.

The Definite Article in Leviticus

To challenge Rav Chisda, Rava quotes a baraita that interprets Leviticus 27:3. The baraita states that the phrase הַזָּכָר (the male) excludes both a tumtum and an androgynos from statutory valuations.

The Sages build this exclusion upon the definite article, the letter ה. The basic word for male would encompass any male anatomy, but the addition of the prefix demands a definite male. Rashi explains that the Torah never issues an exclusion merely out of uncertainty, because before Heaven there is no doubt. If the Torah excluded a tumtum from valuations, it would prove that a tumtum is fundamentally a distinct category rather than a mere doubt.

״הַזָּכָר״ — וְלֹא טוּמְטוּם וְאַנְדְּרוֹגִינוֹס! סְמִי מִיכָּן טוּמְטוּם.

'The male'—and not a tumtum or a hermaphrodite! Omit from this baraita the mention of a tumtum. (Bekhorot 42a:1)

Emending the Text and Final Halacha

The Gemara defends Rav Chisda by emending the text of the baraita. The Sages conclude that the word tumtum must be struck from the teaching. The exclusion derived from Leviticus 27:3 applies only to an androgynos, which possesses both organs and is excluded as a distinct creation.

Because a tumtum is biologically either a male or a female, Scripture never excluded such an individual from the valuation system. In halacha, a vow valuing a tumtum remains fully binding. Because the person may indeed be a male under the concealing skin, the valuation is evaluated under the male standard out of stringency.

The Torah's precise phrase 'the male' excludes only a true dual-gendered entity, leaving the concealed male or female subject to sacred obligations.

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