2008 Woodie Awards
Transitioning: The Halakhic Ramifications
Olivia Wiznitzer
Issue date: 10/3/08 Section: Features
Yet this treatment may not be of the kind that transsexuals themselves prefer. If there are alternative treatments that are available and which will succeed in saving the life of the person in question, it is possible that those would be practiced. In his work, Bleich explains that although Judaism does not allow the reversal of sex through surgery, "transsexualism is a disorder which should receive the fullest measure of medical and psychiatric treatment consistent with Halakhah. Transsexuals should be encouraged to undergo treatment to correct endocrine imbalances, where medically indicated, and to seek psychiatric guidance in order to alleviate the grave emotional problems which are frequently associated with this tragic condition."
What happens if despite all this a Jewish person chooses to transition? At that point, does he retain his original sex, or does halakha view him as being a member of the new sex, with all of its mitzvot and halakhot incumbent upon him?
In his Encyclopedia, Rabbi Prof. Avraham Steinberg notes that, "Some Rabbis rule that external appearances determine the law; hence, a man who becomes a woman is absolved from commandments incumbent upon a man," citing the Responsa Tzitz Eliezer, Part 11 #78. At the same time, "Other Rabbis rule that external changes do not alter the law in regard to a transsexual because biologically and genetically the man does not become a woman or vice versa. Therefore, the law is applicable to the person's original sex." He here cites the Responsa Yaskil Avdi, Part 7, Even Ha'ezer #4, Responsa Lev Aryeh, Part 2 #49, Rabbi M. Steinberg, Assia, Vol 1, pp. 144ff; Nishmat Avraham, Even Ha-ezer 44:3.
Rabbi Bleich comes to the conclusion that external changes do not alter the law with regard to a transsexual, and cites the Tzitz Eliezer, Rav Waldenberg, as the only dissenting opinion. He notes that "Rabbi Waldenberg, however, cites no evidence whatsoever for this view."
Rabbi Prof. Avraham Steinberg referred The Observer to a "new book devoted to transsexual surgery with many details," by Edan ben-Ephraim entitled "Dor Tahapuchot" ["An Upside Down Generation"] with haskamot [statements of approbation] from Maran Ovadiah Yosef (dated June 13, 2003), Rav Yosef Lieberman (dated April 2003), Rav Zalman Nechemiah Goldberg (dated June 1, 2003), Rav Shlomo Amar (dated August 1, 2003), Rav Yitzhak Yosef (dated April 4, 2003), and HaRav Asher Weiss (dated May 9, 2004). Curiously, ben-Ephraim is of the opinion that when it comes to halakhot that apply to the post-operative transsexual between an individual and God, he should behave like his birth sex, i.e. a man would have to pray three times a day or put on tefillin [phylacteries.] However, in areas of halakha which are between an individual and his fellow Jews, such as yichud [seclusion with a member of the opposite sex], shomer negiah [not touching a member of the opposite sex] and the like, he should behave like a member of the sex he physically resembles.
What happens if despite all this a Jewish person chooses to transition? At that point, does he retain his original sex, or does halakha view him as being a member of the new sex, with all of its mitzvot and halakhot incumbent upon him?
In his Encyclopedia, Rabbi Prof. Avraham Steinberg notes that, "Some Rabbis rule that external appearances determine the law; hence, a man who becomes a woman is absolved from commandments incumbent upon a man," citing the Responsa Tzitz Eliezer, Part 11 #78. At the same time, "Other Rabbis rule that external changes do not alter the law in regard to a transsexual because biologically and genetically the man does not become a woman or vice versa. Therefore, the law is applicable to the person's original sex." He here cites the Responsa Yaskil Avdi, Part 7, Even Ha'ezer #4, Responsa Lev Aryeh, Part 2 #49, Rabbi M. Steinberg, Assia, Vol 1, pp. 144ff; Nishmat Avraham, Even Ha-ezer 44:3.
Rabbi Bleich comes to the conclusion that external changes do not alter the law with regard to a transsexual, and cites the Tzitz Eliezer, Rav Waldenberg, as the only dissenting opinion. He notes that "Rabbi Waldenberg, however, cites no evidence whatsoever for this view."
Rabbi Prof. Avraham Steinberg referred The Observer to a "new book devoted to transsexual surgery with many details," by Edan ben-Ephraim entitled "Dor Tahapuchot" ["An Upside Down Generation"] with haskamot [statements of approbation] from Maran Ovadiah Yosef (dated June 13, 2003), Rav Yosef Lieberman (dated April 2003), Rav Zalman Nechemiah Goldberg (dated June 1, 2003), Rav Shlomo Amar (dated August 1, 2003), Rav Yitzhak Yosef (dated April 4, 2003), and HaRav Asher Weiss (dated May 9, 2004). Curiously, ben-Ephraim is of the opinion that when it comes to halakhot that apply to the post-operative transsexual between an individual and God, he should behave like his birth sex, i.e. a man would have to pray three times a day or put on tefillin [phylacteries.] However, in areas of halakha which are between an individual and his fellow Jews, such as yichud [seclusion with a member of the opposite sex], shomer negiah [not touching a member of the opposite sex] and the like, he should behave like a member of the sex he physically resembles.
Viewing Comments 1 - 2 of 2
GB
posted 10/04/08 @ 9:09 PM EST
Chana,
I am impressed by the content of this specific article. It's well researched and explains halakha regarding the subject clearly. I learned a lot. (Continued…)
DS
posted 10/06/08 @ 9:35 AM EST
Chana,I found it interesting and pretty powerful that
Yeshiva University's own Rabbi Dr. J. David Bleich, RIETS Rosh Yeshiva and Rosh Kollel and Professor of Law at Cardozo, participated in this interview and clarified the issues at stake so clearly. (Continued…)
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