172 Selected Reform Responsa

and a daughter, yet the Codes all emphasize the need to produce children beyond that number(M. Yeb. 6.6: Ket. 8a; Yeb. 61b; 7os. Yeb. 8; Yeb. 8; Yad Hil. Ishut 15.16, etc.) The sources also indicate that this mitzvah is only incumbent upon the male(70s. Yeb. 8), although some later authorities would include women in the obligation, perhaps in a secondary sense(A4rukh Hashulhan, Even Haezer 1.4; Hatam Sofer , Responsa , Even Haezer 20). Abraham Hirsh (Noam, Vol. 16, 152 ff) has recently discussed the matter of granting a divorce when one party of a married couple has had a transexual operation. Aside from opposing the operation generally, he also stated that no essential biological changes had taken place and that the operation, therefore, was akin to sterilization(which is prohibited) or cosmetic surgery.

Hirsh also mentioned a case related to our situation: a male in the time of R. Hananel added an orifice to his body, and R. Hananel decided that a male having intercourse with this individual had committed a homosexual act. This statement was quoted by Ibn Ezra in his commentary on Lev. 18.22. We, however, are not dealing with this kind of situation, but with a complete sexual change operation.

Despite the strong emphasis on procreation, companionship and joy play a major role in the Jewish concept of marriage. Thus, the seven marriage blessings deal with joy, companionship, the unity of family, restoration of Zion, etc., as well as with children(Ket. 8a). These same blessings are to be recited for those beyond the childbearing age or those who are sterile(Abudraham, Birkhot Erusin, 08a).

Most traditional authorities who discuss childless marriages were considering a marriage already in existence(bediavad), and not the entrance into such a union. Under such circumstances, the marriage would be considered valid and need not result in divorce for the sake of procreation, although that possibility existed(Shulhan Arukh Even Haezer 23, see Isserles ’ note to 154. 10). This was the only alternative solution since bigamy was no longer even theoretically