The Rambam on Tumtum and Ambiguous Firstborns

How the Rambam defines the status of ambiguous animals and persons, resolving contradictions across the sugyot.

Doubt Versus Distinct Entity

The Gemara in Bekhorot examines the status of an אַנְדְּרוֹגִינוֹס (hermaphrodite) and a טוּמְטוּם (an individual whose genitals are covered by skin). The Rabbis teach that an אַנְדְּרוֹגִינוֹס is a unique creature with no firstborn sanctity. Rav Chisda explains that everyone agrees a טוּמְטוּם is simply a matter of unresolved doubt.

Because it is definitely either male or female, a firstborn טוּמְטוּם must be consecrated out of doubt. The Gemara then challenges Rav Chisda from various baraitot where a טוּמְטוּם is excluded from valuations and offerings. In each case, the Gemara answers by deleting the word טוּמְטוּם from the text.

The Rambam's Firstborn Ruling

The Rambam codifies this distinction regarding firstborn livestock in Hilkhot Bekhorot. An אַנְדְּרוֹגִינוֹס possesses no sanctity, whereas a טוּמְטוּם is treated as a doubtful firstborn.

The owner may not shear or work the animal. However, because the priest cannot prove ownership, the animal remains with the owner and is eaten only after it develops a blemish. Crucially, the Rambam applies this status regardless of where the animal urinates.

נוֹלַד טֻמְטוּם הֲרֵי זֶה סְפֵק בְּכוֹר וְיֵאָכֵל בְּמוּמוֹ לִבְעָלָיו. בֵּין שֶׁהֵטִיל מַיִם מִמְּקוֹם זִכְרוּת בֵּין שֶׁהֵטִיל מִמְּקוֹם נַקְבוּת:

When an animal is born as a tumtum, it is considered as a firstborn of doubtful status. It may be eaten by its owner after it contracts a blemish. This applies whether it urinates from a place that appears to indicate that it is male or it urinates from a place that appears to indicate that it is female. (Mishneh Torah, Firstlings 2:5)

Resolving the Urination Puzzle

The Rambam's ruling on urination surprises the commentators. The Gemara suggests that if an animal urinates from the male site, all agree it is male. Reish Lakish even asserts that in animals, the urination site determines gender.

The Kessef Mishneh explains that the Rambam adopts Rav Chisda's initial, unconditioned statement. In that view, a טוּמְטוּם remains a safek under all circumstances. The distinction between urination sites was merely a provisional dialectical answer. The Lechem Mishneh adds that another sugya in Bekhorot treats a טוּמְטוּם as an inherent doubt, which the Rambam chose as primary.

Valuations and Sacrificial Disqualifications

A major dilemma arises in Hilkhot Arakhin. While the Gemara deleted the טוּמְטוּם from the baraita on valuations, the Rambam explicitly retains it. He rules that neither a טוּמְטוּם nor an אַנְדְּרוֹגִינוֹס can be evaluated.

Similarly, pinched bird offerings of a טוּמְטוּם are deemed unslaughtered carcasses that impart impurity. The Lechem Mishneh resolves this by asserting that the Rambam rejects deleting the text of baraitot. Instead, the Rambam holds that the Torah can specifically exclude a case of doubt. Since the verse requires a definite male or female, doubtful entities are excluded.

טֻמְטוּם וְאַנְדְּרוֹגִינוּס אֵין לָהֶם עֵרֶךְ שֶׁלֹּא קָצְבָה תּוֹרָה עֵרֶךְ אֶלָּא לְזָכָר וַדַּאי אוֹ לִנְקֵבָה וַדָּאִית.

There is no valuation for a tumtum or an androgynos, for the Torah prescribed a valuation only for a male whose status is definite or a female whose status is definite. (Mishneh Torah, Appraisals and Devoted Property 1:5)

Marriage and Everyday Application

In personal status, the Rambam applies the principle that a טוּמְטוּם is an unresolved doubt. If a טוּמְטוּם or an אַנְדְּרוֹגִינוֹס betroths a woman, or is betrothed by a man, the act is potentially valid.

Because of this uncertainty, the union can be dissolved only through a גֵּט (bill of divorce). In practice, the Rambam maintains a consistent standard: where the Torah demands certainty, ambiguous individuals are disqualified. In matters of sanctity and family status, they are governed by strict doubt.

טֻמְטוּם וְאַנְדְּרוֹגִינוּס שֶׁקִּדְּשׁוּ אִשָּׁה אוֹ שֶׁקִּדְּשָׁן אִישׁ הֲרֵי אֵלּוּ קִדּוּשֵׁי סָפֵק וּצְרִיכִין גֵּט מִסָּפֵק:

When a tumtum or an androgynos betroths a woman, or when either of these individuals has been betrothed by a man, this is a doubtful betrothal, and because of the doubt, a bill of divorce is required. (Mishneh Torah, Marriage 4:11)

The Rambam treats a tumtum as an absolute doubt across all areas of halacha, requiring stringency in firstborns and marriage while excluding it from obligations requiring definite gender.

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