Aylonit & Saris

§ The Sages taught: Who is considered a eunuch by natural causes? It is anyone who is twenty years old and has not yet grown two pubic hairs. And even if he grows pubic hairs afterward, he is still considered a eunuch by natural causes with regard to all his matters. And his signs are as follows: Whoever does not have a beard, and his hair is defective, unlike that of ordinary individuals, and his skin is smooth, i.e., hairless. Rabban Shimon ben Gamliel says in the name of Rabbi Yehuda ben Ya’ir: It is anyone whose urine does not raise foam. And some say: It is anyone who urinates without forming an arch. And some say: It is anyone whose semen dissipates and fails to congeal in the proper manner. And some say: Anyone whose urine does not ferment. Others say: It is anyone who bathes in the rainy season and his flesh does not give off steam. Rabbi Shimon ben Elazar says: It is anyone whose voice is defective, so that it is not evident from it whether he is a man or a woman. And who is a sexually underdeveloped woman [aylonit]? It is anyone who is twenty years old and has not yet grown two pubic hairs. And even if she grows pubic hairs afterward, she is still considered a sexually underdeveloped woman with regard to all her matters. And her signs are as follows: A sexually underdeveloped woman is anyone who does not have breasts and experiences pain during intercourse. Rabban Shimon ben Gamliel says: It is anyone whose lower abdomen is not formed like that of other women, as she lacks the cushion of flesh that is usually situated above a woman’s genitals. Rabbi Shimon ben Elazar says: It is anyone whose voice is deep, so that it is not evident from it whether she is a woman or a man. It was stated that amora’im disagreed over the signs of a eunuch. Rav Huna said that one is not categorized as a eunuch unless all these signs are present; Rabbi Yoḥanan said: He is categorized as such even if only one of them is present. The Gemara comments: In a case when he has grown two hairs in his beard, everyone agrees that he is not considered sexually impotent unless all the signs are present. When they disagree, it is with regard to a case when he has not grown two hairs. The Gemara asks: But if so, with regard to that which Rabba bar Avuh said to the Sages: Examine Rav Naḥman when he bathes and if his flesh gives off steam I will give him my daughter for a wife, in accordance with whose opinion did he issue these instructions? Is it not in accordance with the opinion of Rav Huna, who maintains that all the signs must be present, as presumably he could see that Rav Naḥman did not have a beard? The Gemara answers: No, Rav Naḥman had wisps of a beard, and therefore Rabba bar Avuh wanted to know whether he displayed the other signs of sexual incapacity. § It is taught in the mishna that a sexually underdeveloped man does not perform ḥalitza or enter into levirate marriage with his yevama, and similarly, a sexually underdeveloped woman does not perform ḥalitza or enter into levirate marriage with her yavam. The Gemara comments that the tanna teaches the case of a sexually underdeveloped man similarly to that of a sexually underdeveloped woman, from which it can be inferred: Just as in the case of a sexually underdeveloped woman, her disability is by the hand of Heaven, so too, in the case of a sexually underdeveloped man, his disability must be by the hand of Heaven. And this unattributed view in the mishna is in accordance with the opinion of Rabbi Akiva, who said: With regard to one whose incapacity was brought about by the hands of man, yes, he is considered like any other man and performs ḥalitza, whereas one who suffers his condition by the hand of Heaven does not do so.

Rabbi Yehoshua said: I have heard that a eunuch undergoes Chalitzah [the ceremony releasing the widow of a childless man from the obligation of Levirate marriage] and that one undergoes Chalitzah for his wife; and that a eunuch does not undergo Chalitzah and that one does not undergo Chalitzah for his wife, but I am unable to explain this. Rabbi Akiva said: I will explain it: a man-eunuch [castrated by a person] undergoes Chalitzah and one undergoes Chalitzah for his wife because there was a time when he was fit [to have children]; a sun-eunuch [who was born that way] does not undergo Chalitzah nor does one undergo Chalitzah for his wife since there was never a time when he was fit. Rabbi Eliezer says: Not so! Rather, a sun-eunuch undergoes Chalitzah and one undergoes Chalitzah for his wife because because there is a cure; a man-eunuch does not undergo Chalitzah nor does one undergo Chalitzah for his wife since he has no cure. Rabbi Yehoshua ben Betiera testified concerning Ben Megusat who was a man-eunuch in Jerusalem and they performed Yibum [Levirate marriage wherein a man weds his childless brother's widow] for his wife, to uphold the opinion of Rabbi Akiva. The eunuch neither undergoes Chalitzah nor performs Yibum. Similarly, an aiylonit [a woman with arrested sexual development who cannot bear children] neither performs Chalitzah nor undergoes Yibum. [If] a eunuch underwent Chalitzah from his Yevama [a woman whose husband died childless and whose brother-in-law must marry or dismiss her] he does not disqualify her [from subsequently marrying a priest]. If he had relations with her he does disqualify her since this is licentious relations [because she is forbidden to him]. Similarly, [if] brothers underwent Chalitzah from aiylonit they do not disqualify her [from marrying a priest]. If they had relations with her they do disqualify her since this is licentious relations. [If] a priest who was a sun-eunuch married the daughter of an Israelite, he confers upon her the right to eat Terumah [a portion of a crop given to a priest which becomes holy upon separation and may only be consumed by priests and their households]. Rabbi Yose and Rabbi Shimon said: [If] a priest who was an androginos [person with both male and female sexual organs. It is halachically uncertain whether such a person is male, female or, perhaps, has a uniquely defined halachic gender] married the daughter of an Israelite, he confers upon her the right to eat Terumah . Rabbi Yehudah said: [If] a tumtum [person with recessed sexual organs whose gender is therefore impossible to determine, presently, by external examination. It is halachically uncertain whether such a person is male or female] was torn and found to be male he may not undergo Chalitzah because he is like a eunuch. An androginosmay marry [a woman] but may not be married [to a man]. Rabbi Eliezer said: [If one has relations with] an androginos he is liable to be stoned like one [who has relations with] a male.

We too will say: Ailonit, a sexually underdeveloped woman, is a term meaning: Like a ram [dukhranit], because like a male sheep [ayyil] she does not bear children.

All [persons] are made unclean through a zivah discharge, even converts, even slaves, whether they are emancipated or not emancipated, a deaf-mute, a shoteh, a minor, a eunuch [whether rendered impotent] by man or a eunuch from the time of seeing the sun [from birth]. [With regard to] a tumtum [person (or animal) with recessed sexual organs whose gender is therefore impossible to determine, presently, by external examination. It is halachically uncertain whether such is male or female], or an androginos [person (or animal) with both male and female sexual organs. It is halachically uncertain whether such is male, female or, perhaps, has a uniquely defined halachic gender], we impose upon them the stringencies of the man and the stringencies of a woman; they render unclean through [menstruation] blood like a woman and through egglike substance [semen] like a man, but their uncleanliness remains in doubt.

An uncircumcised [priest] and all impure individuals [usually allowed to eat Terumah] may not eat Terumah [a portion of a crop given to a priest which becomes holy upon separation and may only be consumed by priests and their households]. Their wives and slaves may [nevertheless] eat Terumah. A priest "injured by crushing" or whose "flow was cut off" may eat [Terumah] as may their slaves, but their wives may not. But if he [the priest] did not have relations with her after he was injured by crushing or his flow was cut off she [his wife] may eat [Terumah]. Who is [considered] one "injured by crushing"? Anyone whose testicles were wounded, even if just one of them was. And [who is considered] one whose "flow was cut off"? One whose member was cut off. And if [any part] of the corona remained, even so much as a hair’s breadth, he is fit. A man whose testicles were wounded and one whose member was cut off are permitted [to marry] a convert or a freed maidservant. They are only forbidden to enter into the congregation [of Israel] as it is said, “One injured by crushing or whose flow is cut off may not enter the congregation of God” (Devarim 23:2).

A common priest may not marry an aiylonit [a woman with arrested sexual development who cannot bear children] unless he [already] has a wife and children. Rabbi Yehudah says: He may not marry an aiylonit even if he [already] has a wife and children because she is the zonah mentioned in the Torah. But the Sages say: By zonah the Torah refers to a convert, or a freed maidservant, or a woman who had licentious relations. One may not abstain from procreation unless he [already] has children. Beit Shammai say: [One must have] two boys, and Beit Hillel say: [One must have] a boy and a girl, as it says, "Male and female He created them" (Bereishit 5:2). [If] one married a woman and waited for ten years and she did not bear children, he is not permitted to abstain [from his obligation]. [If] he divorced her she is permitted to marry somebody else, and the second [husband] is permitted to wait ten years with her. And if she miscarries he counts [ten years] from the point she miscarried. A man is commanded to procreate but a woman is not. Rabbi Yochanan ben Beroka says: It states to both of them, "And God blessed them and He said to them... be fruitful and multiply" (Bereishit 1:25).