Selected Reform Responsa 171
obligation of bearing children(Yad Hil. Yibum Vehalitzah 6.2), but some doubted the validity of their marriages(Yeb. 81a; Yad Hil. Ishut 4. 11; Shulhan Arukh Even Haezer 44.6). The Talmud has also dealt with ailoni, a masculine woman who is barren(Nid. 47b; Yeb. 80b; Yad Hil. Ishut 2.4). If she marries and her husband was aware of her condition, then this is a valid marriage(Yad Hil. Ishut 4.1 1), although the ancient authorities felt that such a marriage would only be permitted if the prospective husband had children by a previous marriage; otherwise he may divorce her in order to have children(M. Yeb. 24.1; Yeb. 61a). Later authorities would simply permit such a marriage to stand.
We, however, are dealing with a situation in which either the lack of sexual development has been corrected and the individual has been provided with a sexual identity, or the psychological makeup of the individual clashes with the physical characteristics, and this has been corrected through surgery. In other words, our question deals with an individual who now possesses definite physical characteristics of a man or a woman, but has obtained them through surgical procedure and whose status is recognized by the civil government. The problem before us is that such an individual is sterile, and the question is whether under such circumstances he or she may be married. Our question, therefore, must deal with the nature of marriage for such individuals. Can a Jewish marriage be conducted under these circumstances?
There is no doubt that both procreation and sexual satisfaction are basic elements of marriage as seen by Jewish tradition. Procreation is considered essential as already stated in the Mishnah."A man may not desist from the duty of procreation unless he already has children." The Gemarah to this concludes that he may marry a barren woman if he has fulfilled this mitzvah, in any case, he should not remain unmarried(Yeb. 61b). There was a difference between the schools of Hillel and Shammai about what is required to fulfill the mitzvah of Procreation ; tradition followed Hillel who minimally required a son