Defining the Tumtum and Androgynos in Halacha

Tosafot analyzes whether intermediate sexual identities are unresolved doubts or distinct categories, harmonizing rulings across sacrifices, valuations, and circumcision.

Doubt Versus a Distinct Entity

The Gemara investigates the halakhic status of an אנדרוגינוס (hermaphrodite) and a טומטום (one whose genitalia are concealed). Rav Chisda asserts that a טומטום is an unresolved ספק (doubt) regarding whether it is male or female.

By contrast, an אנדרוגינוס possesses both sets of organs and is considered a בריה (distinct entity). The Gemara challenges Rav Chisda by citing baraitot that exclude a טומטום using explicit verses, suggesting it is not a mere doubt.

Conflicting Exclusions in Rabbi Yehuda

A baraita cites the verse regarding ערכין (valuations) to exclude both an אנדרוגינוס and a טומטום. Rashi explains that the prefix heh in הַזָּכָר excludes them.

Tosafot notes that this baraita reflects the view of Rabbi Yehuda. Yet this produces an inconsistency: for valuations, a verse is needed to exclude him, while for מילה (circumcision), a verse includes him. Furthermore, for sanctifying purification water, he is disqualified without any special verse. Why would his status require conflicting scriptural derivations across these various areas?

Resolving Rabbi Yehuda's View

Tosafot answers that Rabbi Yehuda views an אנדרוגינוס fundamentally as a ספק. Therefore, in ritual purification, the uncertainty itself disqualifies him, just as an uncertain woman cannot perform the sprinkling.

For circumcision, the Torah includes any physical maleness by stating 'every male'. For valuations, an explicit exclusion is necessary because the person is excluded due to being abnormal, preventing him from being evaluated as either male or female.

ונראה לפרש דספק הוא לר' יהודה ולענין מילה אי כאשה גמורה ריבהו הכתוב מכל זכר

And it seems correct to explain that it is indeed a matter of doubt to Rabbi Yehuda; and regarding circumcision, if he is like a complete woman, Scripture included him from 'every male'. (Tosafot on Bekhorot 42a:1:1)

Rabbi Shimon's Contradictory Assessment

The Gemara cites Rabbi Shimon ben Yehuda in the name of Rabbi Shimon, who derives that an אנדרוגינוס is excluded from offerings. This implies that Rabbi Shimon treats him as a בריה.

Tosafot raises a question: in tractate Yevamot, Rabbi Shimon treats an אנדרוגינוס as a definite male who may feed his wife חזה ושוק (breast and thigh) of sacrifices. This presents a direct contradiction in Rabbi Shimon's view.

Tosafot resolves that even if Rabbi Shimon views him as an actual male, an explicit verse can still disqualify him from the altar. Thus, he remains a male in personal status, but is excluded by explicit scriptural limitation from sacrifices.

וי"ל דאפי' הוי ודאי זכר ממעטינא ליה זכר אבל נקבה ודאי מימעטא

And one can answer that even if he is a definite male, we exclude him from 'a male'; but a female is definitely excluded. (Tosafot on Bekhorot 42a:12:1)

Rav Chisda and Urination Signs

The Gemara concludes that if a טומטום urinates from the female place, Rabbi Shimon considers it a definite female, rendering a firstborn non-sacred. Rashi notes that this animal is non-sacred because its female status is clear.

Tosafot asks how Rav Chisda could claim consensus that every Sage treats a טומטום as a doubtful case. Rabbi Shimon clearly regards it as a definitive female when it urinates in that location.

Tosafot answers that Rav Chisda spoke only according to the תנא קמא (first tanna). Whenever a baraita excludes a טומטום alongside an אנדרוגינוס from sacrifices or tithes, Rav Chisda maintains that the text should omit the mention of tumtum.

וי"ל דרב חסדא אומר סמי מכאן טומטום וכן ר"ל דבסמוך

And one can answer that Rav Chisda says: 'Omit from here tumtum,' and so too Reish Lakish nearby. (Tosafot on Bekhorot 42b:2:1)

Tosafot proves that while an androgynos is inherently irregular and subject to specialized exclusions, a tumtum remains a basic physical doubt unless anatomy reveals otherwise.

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