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

yosisabbach

12 Jul 202413:22

Summary

TLDRThe 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.

Outlines

00:00

🤔 Complex Marriage Inquiry

This paragraph discusses a community's inquiry about a woman who has been living as a man for over 20 years, adhering to the religious commandments of a woman. The question arises whether it is permissible for this woman, who was born male but has transitioned to female, to marry a man. The discussion delves into the Halakhic (Jewish legal) interpretation of gender and the implications for marriage, suggesting that if the person is determined to be male, then the marriage would not be valid according to Jewish law.

05:06

👔 Dress Code and Conversion Concerns

The second paragraph continues the discussion on the same individual's religious obligations, focusing on the dress code and the possibility of conversion. It mentions that if the person does not dress according to their assigned gender at birth, it could be against Jewish law. The paragraph also addresses the complexities of conversion, stating that if the person is willing to accept all Torah commandments except for one, they may still be considered for conversion. However, there is a debate regarding the acceptance of such a conversion, especially if it involves a circumcision that was not performed according to Jewish law.

10:06

🕉️ Conversion and Acceptance of Commandments

The final paragraph explores the possibility of a new conversion for the individual in question. It discusses the requirements and challenges of conversion, including the acceptance of all commandments and the issue of circumcision. The text mentions that if the individual's circumcision was not performed according to Jewish law, it may not be a barrier to conversion. The paragraph concludes with a nuanced discussion on the acceptance of such a conversion, suggesting that despite some disagreements among rabbis, it may still be possible under certain conditions.

Mindmap

Keywords

💡Halakhah

Halakhah refers to the collective body of Jewish religious laws derived from the Written and Oral Torah. In the video, it is the framework within which the discussion of gender identity and religious marriage takes place, as the script delves into the complexities of Halakhic interpretations regarding gender and marriageability.

💡Transgender

The term 'transgender' is used to describe individuals whose gender identity differs from the sex they were assigned at birth. In the context of the video, it is central to the discussion about a woman who was born male and underwent gender reassignment surgery over 20 years ago, highlighting the challenges she faces in conforming to traditional Jewish law.

💡Marriage

Marriage, in the script, is a religious institution governed by Halakhic law. The video explores the implications of a transgender woman's desire to marry within the Jewish community, considering the religious and legal aspects of such a union.

💡Gender Reassignment

Gender reassignment is the medical process of transitioning from one gender to another, often involving hormone therapy and surgery. The script mentions a woman who underwent this process, which is a pivotal point in the discussion about her eligibility for marriage under Jewish law.

💡Tumtum

In Jewish law, 'tumtum' refers to an intersex individual whose genitals are not visible or identifiable. The script uses this term to discuss the Halakhic approach to determining gender in cases of ambiguity, which is relevant to the case of the transgender woman.

💡Conversion

Conversion in Judaism is the process of becoming part of the Jewish community by accepting its laws and traditions. The script discusses the concept of conversion in relation to the transgender woman's acceptance of Jewish law and her eligibility for marriage.

💡Jewish Law

Jewish Law encompasses the religious, civil, and criminal codes of conduct in Judaism. The video's theme revolves around the application of Jewish Law to the specific case of a transgender woman seeking to marry within the Jewish community.

💡Androgynous

Androgyny refers to the combination of masculine and feminine characteristics in an individual. The script touches upon the concept of androgyny in the context of the Halakhic definition of gender, particularly when discussing the term 'tumtum'.

💡Surgical Castration

Surgical castration is the medical procedure of removing the testicles. The script mentions this in the context of Halakhic discussions about the eligibility for marriage after such a procedure, which is relevant to the case of the transgender woman.

💡Acceptance of Torah

Acceptance of the Torah in Judaism signifies the commitment to observe its commandments. The video discusses the concept of a transgender woman's acceptance of the Torah and its implications for her religious status and marriageability.

💡Ritual Impurity

Ritual impurity, or 'Tumah' in Hebrew, refers to a state of being that disqualifies an individual from participating in certain religious activities. The script briefly touches on the concept in relation to the transgender woman's status and her ability to marry.

Highlights

The case involves a transgender woman who lived as a woman for over 20 years.

The woman was found to have been born male but changed her gender to female.

The discussion explores whether it is permissible for her to marry a man who is also religious and has children.

Rabbinic authorities consider the concept of 'tumtum', a person of uncertain gender at birth.

If a tumtum is later determined to be male or female, their gender is legally established.

The ruling states that if a person is born with ambiguous genitalia, they are considered 'safek' - of doubtful status.

The gender of the person is determined by the presence of testicles or a vagina.

The case raises the question of whether the transgender woman's conversion to Judaism is valid.

The woman's conversion may not be valid if she did not accept all the commandments as a woman.

The discussion includes the possibility of the woman undergoing a new conversion process.

The authorities debate whether a person can be converted without accepting all commandments.

The case examines the validity of a conversion that excludes only one commandment.

The woman's previous life as a man is considered in the context of Jewish law.

The discussion addresses whether the woman can marry a man under Jewish law.

The authorities consider the implications of the woman's gender reassignment on her eligibility for marriage.

The ruling suggests that the woman may need to revert to her original gender to be eligible for marriage.

The authorities debate the halakhic implications of gender reassignment surgery.

The discussion concludes that there are significant halakhic challenges to the woman's eligibility for marriage and conversion.