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Bikkurim Chapter 4, Mishnah 3: Ways the Androgynous Is Like a Woman

Chavrusa Learning

We are in Maseches Bikkurim, chapter 4, mishnah 3. This mishnah lists the ways in which the law of the androginos follows the law of a woman: "B'eizeh derech shaveh l'nashim" - in which respects do we treat him stringently because of the doubt in which he stands, judging him according to the possibility that he is a woman.

The ways in which the androginos is equal to women:

  • "Metamei b'odem k'nashim" - if he experienced a discharge of red blood, meaning blood that could plausibly be attributed to niddah or zivah, he is tamei. In a man, a discharge of blood does not cause tumah (it is purely a medical matter), whereas a woman who sees blood becomes tamei on account of niddah or zivah. Since he may be a woman, he too is considered tamei.

  • "V'eino mistayeig im hanashim k'nashim" - he may not be secluded with men, just as a woman may not.

  • "V'eino zokeik l'yibum k'nashim" - if a man died childless and left no brother other than the androginos, his wife is exempt from yibum and is not bound to him, since the androginos cannot fulfill the mitzvah of yibum and is not considered capable of fathering children. Therefore the widow has no involvement with the laws of yibum when he is the only brother.

  • "V'eino choleik im habanim k'nashim" - in a case where there are funds for both sons and daughters, the sons inherit and the daughters are supported by the sons. The androginos is treated as a daughter: he is supported and does not inherit along with the sons, for we say to him: "Prove that you are a son, and then you will take a share of the inheritance."

  • "V'ein ochel mikodshei kodashim k'nashim" - there are categories of offerings that a male kohen eats and that the daughter of a kohen does not eat. Because of the concern that he may be a woman, the androginos does not eat from those offerings.

Additional halachos in which his law is that of a woman:

  • Tumah of a woman who gives birth: as we mentioned in the previous mishnah, a woman who gives birth to a girl is tamei for fourteen days, whereas one who gives birth to a boy is tamei for seven days only. A woman who gives birth to an androginos must be stringent and observe tumah for fourteen days, since the child may be a girl.

  • Agency and testimony: he is not fit to serve as an agent and he is not fit to testify in beis din, exactly like a woman.

  • Disqualification from Terumah: the daughter of a kohen who had relations with someone who disqualifies her from the kehunah - such as a relative or one who is unfit for the kehunah - is disqualified from the kehunah and from eating Terumah. Here too, a kohen's child, male or female, eats Terumah, and if they had forbidden relations they are disqualified from eating it. So too with the androginos: if he were a woman, such relations would disqualify him from Terumah, and therefore he too is disqualified from eating it.

In summary: in this mishnah we listed the ways in which the androginos is equal to women because of the doubt - tumah from a discharge of blood, the prohibition of seclusion, exemption from the bond of yibum, not sharing in the inheritance with the sons, and the prohibition of eating kodshei kodashim; and likewise the stringency of tumah for the woman who gives birth to him, his disqualification for agency and testimony, and his disqualification from Terumah through forbidden relations.