2008 Woodie Awards
Transitioning: The Halakhic Ramifications
Olivia Wiznitzer
Issue date: 10/3/08 Section: Features
If an Orthodox Jewish transsexual desires to transition, which will set him on a course of taking hormones and finally having SRS [Sex Reassignment Surgery], is this permitted per halakha? Are there any differences if this is MtF (male to female) or FtM (female to male) transitioning? What prohibitions, if any, does this course of action violate? Does pikuach nefesh [danger of life] play a role in determining the halakha? And assuming that someone goes forward with this surgery, rightly or wrongly, under halakha, is this person seen as being the sex which he was born, or the one he presents as and physically resembles? This is aside from the question of how Orthodox Jews ought to treat such a person on a whole. Is he to be included within the community, or summarily excluded?
While this is by no means an exhaustive list, these and other questions have been addressed by several extremely prominent scholars within the field of Jewish Medical Ethics. In his work "Contemporary Halakhic Problems," Volume 1, pages 100-105, Yeshiva University's own Rabbi Dr. J. David Bleich, RIETS Rosh Yeshiva and Rosh Kollel and Professor of Law at Cardozo, lays out the facts.
There, Bleich unequivocally states that "Sex-change operations involving the surgical removal of sexual organs are clearly forbidden on the basis of the explicit biblical prohibition, "And that which is mauled or crushed or torn or cut you shall not offer unto the Lord; nor should you do this in your land" (Lev. 22:24.) Sterilization of women is also prohibited, as recorded in Even ha-Ezer 5:11."
Bleich notes that these prohibitions may be expanded upon due to the commandment, "A woman shall not wear that which pertains to a man, nor shall a man put on a woman's garment" (Deut 22:5), which "is not limited to the wearing of apparel associated with the opposite sex but encompasses any action uniquely identified with the opposite sex, proscribing, for example, shaving of armpits or dyeing of hair by a male." In this vein, "a procedure designed to transform sexual characteristics violates the very essence of this prohibition."
While this is by no means an exhaustive list, these and other questions have been addressed by several extremely prominent scholars within the field of Jewish Medical Ethics. In his work "Contemporary Halakhic Problems," Volume 1, pages 100-105, Yeshiva University's own Rabbi Dr. J. David Bleich, RIETS Rosh Yeshiva and Rosh Kollel and Professor of Law at Cardozo, lays out the facts.
There, Bleich unequivocally states that "Sex-change operations involving the surgical removal of sexual organs are clearly forbidden on the basis of the explicit biblical prohibition, "And that which is mauled or crushed or torn or cut you shall not offer unto the Lord; nor should you do this in your land" (Lev. 22:24.) Sterilization of women is also prohibited, as recorded in Even ha-Ezer 5:11."
Bleich notes that these prohibitions may be expanded upon due to the commandment, "A woman shall not wear that which pertains to a man, nor shall a man put on a woman's garment" (Deut 22:5), which "is not limited to the wearing of apparel associated with the opposite sex but encompasses any action uniquely identified with the opposite sex, proscribing, for example, shaving of armpits or dyeing of hair by a male." In this vein, "a procedure designed to transform sexual characteristics violates the very essence of this prohibition."
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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