THE PATERNITY OF AN INFERTILE MALE
adam("a man made eunuch" emasculated by human action) because there was a time when he was potent, while the saris hamah was never potent. Rabbi Eliezer stated that this ruling does apply to the congenital eunuch since he may be healed, while a man-made eunuch may never be cured.’
The halakhah is according to R. Akiba 's view on formal grounds, since the Talmud has determined that his view is normative in a controversy with any of his contemporaries and specifically with his teacher, Rabbi Eliezer ben Hyrcanus.® Interestingly enough, no commentary has been found to substantiate or contravene R. Eliezer's opinion that a seris hamah may be healed. Furthermore, R. Eliezer(known as R. Eliezer the Great) brings evidence that this is possible because cases of such nature are cured in Alexandria in Egypt .’
The rabbinic sages reveal the sexual and reproductive functioning of the saris as part of the discussion of 4alizah and this phenomenon. Firstly, we learn that a saris is able to engage in sexual intercourse which has legal consequences.®
Even though the congenital eunuch can copulate, he is incapable of procreating. The rabbinic sages interpreted the Scriptural texts relating to the halizah ceremony."My brother-in-law refuses to perpetuate his brother's name in Israel "(Deuteronomy 25:7), this excludes the saris, because if he wanted to perpetuate he is incapable of this accomplishment. Furthermore, the verse: "That his name not be blotted out of Israel "(ibid 25:6) is interpreted as excepting the saris, whose name is in any event blotted out.’
In spite of his disabilities, the congenital eunuch is permitted by halakhah to marry a Jewish woman and"enter the Congregation of the Lord." Both the Babylonian and Jerusalem 7a/mud state that he is not under the Torah prohibition:"He whose testicles are crushed or whose male member is cut off shall not enter the assembly of the Lord"(ibid 23:1). The Torah forbids marriage only with one whose testicles were emasculated or crushed, or whose penis is cut off."