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LEVITICUS | 18:22 male — LEV257 There is at least one early source which a...

LEV257 There is at least one early source which apparently declares that a male cannot acquire the status of a woman by means of surgery. Rabbi Abraham Hirsch (No'am 5733) sites the comments of Rabbenu Hananel, quoted by Ibn Ezra in his commentary on [this verse]. Rabbenu Hananel declares that intercourse between a normal male and a male in whom an artificial vagina has been fashioned by means of surgery constitutes sodomy. This would appear to be the case, according to Rabbenu Hananel, even if the male genitalia were removed [Lengthy footnote containing author's analysis and argumentation regarding this point is omitted here; as of excerpt transcription in February 2020, the footnote is accessible at books.google.com by copying and pasting the sentence preceding it into an internet search engine - AJL]. The corollary to this question arises with regard to a woman who has acquired the sexual characteristics of a male as a result of transsexual surgery. The 19th-century author, R. Joseph Palaggi, Yosef et Ehav 3;5, opines that no divorce is necessary in order to dissolve a marriage contracted prior to such transformation. This author goes beyond the position of Besamin Rosh, who, as noted, did not reach a definitive conclusion in his discussion of the parallel question with regard to sex change in a male. In opposition to R. Palaggi's view it may, however, the argued that gender is irreversibly determined at birth and that sex, in so far as Halakhah is concerned, cannot be transformed by surgical procedures. This position is particularly cogent in view of the fact that fertile organs of the opposite sex cannot be acquired by means of surgery. The view that sexual identity cannot be changed by means of surgery would appear to be the position of Rabbenu Hananel. According to Rabbenu Hananel, this principle would appear to govern all halakhic questions pertaining to sexual identity.

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Source KeyROSNER-BLEICH
Verse18:22
Keyword(s)male
Source Page(s)193-4

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