MARRIAGE AFTER A SEX-CHANGE OPERATION Walter Jacob

QUESTION: May a rabbi officiate at a marriage of two Jews , one of whom has undergone a surgical operation which has changed his/her sex?

ANSWER: Our responsum will deal with an individual who has undergone an operation for sexual change for physical or psychological reasons. We will presume(a) that the operation is done for valid, serious reasons, and not frivolously;(b) that the best available medical tests(chromosome analysis, etc.) will be utilized as aids; and(c) that this in no way constitutes a homosexual marriage.

There is some discussion in traditional literature about the propriety of this kind of operation. In addition, we must recall that tradition sought to avoid any operation which would seriously endanger life(Yoreh De-ah 116; Hulin 10a). The Mishnah dealt with the problem of individuals whose sex was undetermined. It divided them into two separate categories, fumtum and androginos. A tumtum is a person whose genitals are hidden or undeveloped and whose sex, therefore, is unknown. R. Ammi recorded an operation on one such individual who was found to be male and who then fathered seven children(Yev. 83b). Solomon B. Freehof has discussed such operations most recently; he permits such an operation for a tumtum, but not for an androginos(Modern Reform Responsa, pp.128ff). The androginos is a hermaphrodite and clearly carries characteristics of both sexes(M. Bik. IV. 5). The former was a condition which could be corrected and the latter, as far as the ancients were concerned, could not, so the Mishnah and later tradition treated the androginos sometimes as a male, sometimes as a female, and sometimes as a separate category. However, with regard to marriage, the Mishnah (Bik. IV.2) stated unequivocally:“He can take a wife, but not be taken as a wife like men.” If married, they were free from the obligation of bearing children(Yad, Hil. Yibum Vahalitzah 6.2), but some doubted the validity of their marriages(Yev. 81a; Yad, Hil. Ishut 4.11; also Sh.A., Even Ha-ezer 44.6). The Talmud has also dealt