הלכה יומית- "דין גבר שהחליף את מיניותו בהלכה" הרב הגאון ראב"ד ירושלים הרב אליהו אברז'ל שליט"א תשפ'"ד

Summary

The video script discusses a complex halachic (Jewish legal) issue concerning a woman who was born male and underwent gender reassignment surgery over 20 years ago. The script explores whether she can marry a man who is also religiously observant, and what her status is under Jewish law. It delves into the concept of 'tumtum' (ambiguous genitalia) and the halachic implications of gender transformation, concluding that while she can convert, marrying a man is problematic due to the religious prohibitions against such unions.

Takeaways

• 😀 The script discusses a complex halakhic (Jewish legal) question involving a person who was born male but underwent gender reassignment to female over 20 years ago.
• 👤 The individual in question has been living as a woman, observing all the religious commandments and customs associated with being female.
• 🔍 The script explores the halakhic perspective on determining a person's gender when there is ambiguity, referring to the concept of 'tumtum', a term used for a person whose genitalia are not externally visible, creating doubt about their gender.
• 📚 It cites the Rambam's (Maimonides) views from 'Hilchot Ishut', where he explains that the gender of a tumtum is determined by medical examination, and if male genitalia are found, the person is considered male.
• 🚫 The script clarifies that according to Jewish law, a man (who was born male) cannot marry another man, and a woman (who was born female) cannot marry a woman, as these unions are not permitted.
• 💍 The discussion includes the question of whether the individual, having transitioned to female, can marry a man who is also religiously observant.
• 🎓 It mentions that if the individual's transition was not due to medical necessity but by personal choice, there may be halakhic issues with the transition itself, affecting the person's eligibility to marry.
• 🤔 The script raises the question of the individual's Jewish status if they did not accept all the commandments of the Torah during their conversion, which is a requirement for full Jewish religious status.
• 🕊️ It suggests that even if the individual's conversion was not complete, they may still be considered Jewish for some purposes, but this is a subject of debate among rabbinic authorities.
• 🔄 The script considers the possibility of the individual undergoing a new conversion process to clarify their status, but acknowledges that there are difficulties due to the lack of a clear precedent in Jewish law for such a situation.
• 🙏 Finally, the script concludes with a note of humility, suggesting that the complexities of such cases may be beyond the understanding of many, and that ultimate judgment is left to a higher power.

Q & A

What is the central issue discussed in the script?

The central issue discussed in the script is the religious and legal status of a person who was born male but underwent gender reassignment surgery to become female over 20 years ago and is now considering marriage.

What is the term 'Toumtum' in the context of Jewish law?

In Jewish law, 'Toumtum' refers to a person whose gender is ambiguous or unknown, and it is not clear whether they are male or female.

According to the Rambam, who determines the gender of a person in case of doubt?

According to the Rambam, the gender of a person in case of doubt is determined by the presence of genitalia; if there are testes, the person is considered male, and if there is a vagina, the person is considered female.

What is the legal status of a person who was born male but underwent gender reassignment surgery?

The script suggests that such a person is still considered male in Jewish law for all intents and purposes, including the obligation to follow male religious practices and prohibitions.

Can a person who was born male and underwent gender reassignment marry a man?

No, according to the script, it is not permissible for a person who was born male to marry another man, as they are still considered male in Jewish law.

What is the script's stance on the possibility of the person undergoing a new conversion?

The script suggests that it is possible for the person to undergo a new conversion, but it raises questions about the validity of such a conversion given the person's previous gender status and the lack of a clear requirement for a genital circumcision.

What is the script's view on the person's previous conversion to Judaism?

The script implies that the person's previous conversion to Judaism may not have been valid because they did not accept all the commandments, particularly the ones specific to women, which they were not considered to be at the time.

What is the script's opinion on the person's ability to marry a woman?

The script indicates that there is a significant legal issue with the person marrying a woman, as they are still considered male and such a marriage would be prohibited.

What does the script suggest regarding the person's obligation to dress according to their assigned gender at birth?

The script suggests that the person is obligated to dress according to male attire, as they are still considered male in Jewish law, regardless of their current gender identity.

What is the script's conclusion on the person's religious status and obligations?

The script concludes that the person is considered male for religious purposes and is obligated to follow male religious practices and prohibitions, despite their gender reassignment.

What is the script's view on the person's eligibility for religious rituals and commandments?

The script suggests that the person is eligible for religious rituals and commandments that are applicable to males, as their gender reassignment does not change their religious status in Jewish law.