GENESIS | 17:13 circumcised — GEN880 In female-to-male transformations a simula...
GEN880 In female-to-male transformations a simulated male organ is often created by means of skin grafts and silicone forms. In some cases this effect is achieved by freeing the clitoris from its connective tissue. There is no question that this newly fashioned organ need not be circumcised. This is abundantly clear from the conclusion reached by She’elat Yavez, I, no. 171, in the discussion of a similar question arising with regard to a congenital defect. Yosef et Ehav cites the comments of Yad Ne’eman, who maintains that circumcision would be unnecessary even if the new organ were physiologically similar to that of a male in every respect. In the opinion of the latter authority, the phraseology employed by Scripture, “uncircumcised male” [this verse] applies solely to an individual who is a male at the time of birth. A peripheral halakhic question which arises in cases of sexual transformation concerns which of the blessings included in the morning service should be recited by an individual who has undergone a transsexual procedure. Is the person in question to recite the blessing “Who has not made me a womah” or the blessing “Who has made me in accordance with His will”? The question is a compound oned involving two separate issues. The first question is identical with the issue previously discussed: Is the individual’s gender deemed to have been changed or is it deemed to have remained unchanged? [The author discussed differing rabbinic opinions without citing a consensus, although the citations appear to favor the view that surgery has no halakhic effect upon gender status with respect to, for example, mitzvot performance obligations and divorce requirements – AJL]. Secondly, assuming that surgical transformation is to be recognized as indeed having effected a transformation from the point of view of Halakhah, there exists a halakhic controvery with regard to whether the blessings to be recited each morning are determined by the individual’s status at birth or by his status at the time the blessings are pronounced. The difference of opinion is reflected in the controversy with regard to the recitation of the blessing “Who has not made me a gentile” by a proselyte. Rambam maintains that since the convert was born a gentile, it follows that he cannot truthfully pronounce the blessing “Who has not made me a gentile.” Rashi disagrees and maintains that the blessing is fundamentally an expression of thanksgiving for being bound by the commandments of the Torah incumbent upon members of the Jewish faith and hence may be pronounced by the proselyte, since at the time of the recitation of the blessing he is indeed a Jew and subject to all mitzvot. The blessings “Who has not made me a woman” and “Who has made me in accordance with His will” reflect the differing status of men and women with regard to the performance of mitzvot. Hence, if the surgical transformation effects a change in the eyes of Halakhah, the proper blessing should, according to the opinion of Rashi, reflect the changed status, whereas, according to the opinion of Rambam, the usage “Who has made” or “Who has not made” in this context would express a falsehood. It has been suggested that the entire question may be obviated by composing a text which would be more appropriate to such situations. According to this view, the proper blessings would be “Who has transformed me into a male” and “Who has transformed me in accordance with His will.” Quite apart from the unwarranted assumption regarding divine approbation implied by this phraseology, it may be objected that in the absence of any liturgical formulation pertaining to “transformation” the proposed texts do not constitute rabbinically ordained formulae and hence cannot serve as valid substitutes for statutory blessings. Although Judaism does not sanction this reversal of sex by means of surgery, transsexualism is a disorder which should receive the fullest measure of medical and psychiatric treatment consistent with Halakhah. Transsexuals should be encouraged to undergo treatment to correct endocrine imbalances, where medically indicated, and to seek psychiatric guidance in order to alleviate the grave emotional problems which are frequently associated with this tragic condition. ROSNER 194-5
Source Key | ROSNER-BLEICH |
Verse | 17:13 |
Keyword(s) | circumcised |
Source Page(s) | (See end of excerpt) |