ToomToom
Check in Mishnayos Bikurim Fourth Perek about a ToomToom being a "Berya Bifnay Atzmah" I am not sure it is there but my rabbi mentioned that as a source.
(this is a continuation of the discussion on androgenus and toomtoom)
posted by Anonymous @ 1:34 PM
1 Comments:
Excellent! Thank you very much for the source. The mishna there says that a tumtum is definitely not a berya bifnei atzmo but is either a man or a woman. An androgenus is a machlokes. R' Yose says that it's a berya bifnei atzmo and "lo yucloo chachamim l'hachria uluv im hu ish o isha." Kehati explains there that there is a macholokes rishonim how to understand what R' Yose is saying. According to the Rosh it is a machlokes if an androgenus is a safeik ish, safeik isha or if it's a three way safek - safeik ish, safeik isha or safek berya bifnei atzmo. Tosafos disagrees and says that there is no machlokes and everyone agress that it's a berya bifnei atzmo.
If you say that there is no machlokes like Tosafos then our gemara (daf 40) makes sense. The gemara has a posuk to teach you that a woman sits yemei tuma even on an androgenus. You don't really need a posuk for tumtum but it gets drageed along.
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