a Sex-Change Operation 225
band was infertile though sexually potent, and had agreed to the marriage, it was valid and acceptable(Havat Yair,#221). Traditional halakhah, which makes a distinction between the obligations of men and women(a distinction not accepted by Reform Judaism) would allow a woman to marry a sterile male, since the obligation of procreation did not affect her(as mentioned earlier).
There was some difference of opinion when a change of status in the male member of a wedded couple had taken place. R. Asher discussed this, but came to no conclusion, though he felt that a male whose sexual organs had been removed could not contract a valid marriage(Besamim Rosh,#340—attributed to R. Asher).The contemporary Orthodox R. Waldenberg assumed that a sexual change has occurred and terminated the marriage without a divorce(Tzitz Eli- ezer X, 1125). Joseph Pellagi came to a similar conclusion earlier(Ahav et Yosef 3.5).
Perhaps the clearest statement about entering into such a marriage was made by Isaac bar Sheshet, who felt that the couple was permitted to marry and then be left alone, although they entered the marriage with full awareness of the situation(Ribash,#15; Shulhan Arukh Even Ha-ezer, 1.3; see Isserles note). Similarly, traditional authorities who usually oppose contraception permitted it to a couple if one partner was in ill health. The permission was granted so that the couple could remain happily married, a solution favored over abstinence(Moses Feinstein , Igerot Mosheh, Even Ha-ezer,#63 and#67, where he permits marriage under these circumstances).
Our discussion clearly indicates that individuals whose sex has been changed by a surgical procedure and who are now sterile may be married according to Jewish tradition. We agree with this conclusion. Both partners should be aware of each other's condition. The ceremony need not be changed in any way for the
sake of these individuals.