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Bikkurim Chapter 4, Mishnah 5: The Androgynous and the Tumtum

Chavrusa Learning

Bikkurim, Chapter 4, Mishnah 5 - the mishnah that closes Maseches Bikkurim and all of Seder Zeraim. As we mentioned, this is really a beraisa. The mishnah opens: "Keitzad eino shaveh lo la'anashim v'lo lanashim" - in what way is the androgynos like neither a man nor a woman?

"Ein sorfin terumah al tumas zivaso" - we do not burn Terumah because of the tumah of his zivah:

If the androgynos emitted a discharge of a zav or of a zavah - a woman becomes a zavah through a flow of blood, and a man becomes a zav through a white discharge, which is not semen but a different type of emission - and afterward he touched Terumah, we do not burn the Terumah.

Terumah is burned only when we know with certainty that it became tamei. And here: if the androgynos saw a white discharge and he is in truth a woman - the white discharge does not make him a zav; and if he saw blood and he is in truth a man - the blood does not make him a zav. It turns out that his tumah is only a doubt, and on the basis of a doubt we do not burn Terumah.

However, if he saw both blood and a white discharge, he is certainly tamei whichever way you look at it, and in such a case we do burn the Terumah that he touched.

The other laws in which he is like neither men nor women:

  • A korban for entering the Mikdash: Unlike a man and unlike a woman, the androgynos is not liable to bring a korban for entering the Beis HaMikdash unintentionally while tamei. This is a special decree of the verse, derived from the pasuk that commands sending the tamei person out of the Mikdash, whether male or female, whereas the androgynos is neither a certain male nor a certain female. Therefore the law of sending out does not apply to him, and we do not obligate him in a korban on that basis.

  • "V'eino nimkar b'eved Ivri lo ka'anashim v'lo kanashim": The androgynos is not sold as an eved Ivri - neither like a man who is sold for six years, nor like an amah Ivriyah who is sold in her minority. Neither law can apply to him, since it is not known with certainty whether he is male or female, and for that reason he cannot be sold.

  • "V'eino ne'erach": The parashah of arachin, in which a person obligates himself to give the Beis HaMikdash a fixed sum according to whether the subject is male or female at certain ages, does not apply to the androgynos - not with the valuation of a man and not with the valuation of a woman, as we learn from the pasuk. The parashah of arachin was stated only regarding a certain male or a certain female, and anyone whose status is in doubt is not included in it. And here we do not say to be stringent in both directions; rather, the entire parashah simply does not apply.

  • Nezirus: One who says, "I am hereby a nazir if this one is neither a man nor a woman" - he is a nazir, since in a certain respect the androgynos is neither a man nor a woman.

"Rabbi Yosei omer: androgynos beriyah bifnei atzmo hu" - Rabbi Yosei says: the androgynos is a creature unto himself:

The androgynos is a being unto himself, "and the Sages were unable to determine concerning him whether he is a man or a woman." Tosafos explain that Rabbi Yosei is not disagreeing, but rather giving the reason for the laws taught earlier: according to the Sages the androgynos is a separate creature - that is, a creature who is a doubtful male and a doubtful female, whose status cannot be resolved, and because of this all the stringencies we have listed apply to him.

The difference between an androgynos and a tumtum:

The mishnah concludes that the tumtum is different from the androgynos, and is not a case of doubt in his very essence: the tumtum is sometimes actually a male and sometimes actually a female, only that the area that determines his identity is covered over and must be opened through a procedure. Until that is done we do not know his identity, whether he is male or female, but he is certainly one of the two. This is not a situation of two sets of organs where it is impossible to determine which one is decisive; rather, it is a fact that can be revealed, and once it is revealed we will know that the tumtum is a male or a female.

With this we conclude our study of Maseches Bikkurim and of all of Seder Zeraim. Thank you very much for joining, and we look forward to seeing you with us in the next seder - Seder Moed, in Maseches Shabbos.