Androgenus
Isn't there a machlokes about an androgenus similar to the machlokes about a koy (kvi) if it's a safek zachar safek nekeiva or if it's a berya bifnei atzmo? If you say that it's a safek then why would you need a pasuk to include that the mother is temaya leida if she has one? She definitely gave birth to a boy or a girl but we just don't know which one. Why should it be different than if she gives birth to a vlad that got lost in the river? She should have to sit the chumros of both - 14 days of tuma followed by 26 days of tahara. Why then on nidda 40a do we need a pasuk for androgenus and tumtum? I can understand it if it's a berya bifnei atzma but doesn't this prove that it's not a safek? I think I remember this being discussed somewhere but I can't remember where?
UPDATE: (1/31) Read the comments here and the post by David K "tumtum" and the comments there for the source and possible answers to this question.
posted by David @ 3:14 PM
1 Comments:
I can accept that the gemara just uses the phrase but really the posuk is only for one of them but which is it for if you hold that androginus is a safek? It would come out that they're both safeks in which case - ain safek klapay shamaya and there would be no need for a pasuk to include them at all. Even without a pasuk she should sit the chumros of both just like a mapeles whose vlad flowed down the river.
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