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tell him that the first man, Adam, was androgynous as explained in
the Midrash (Bereishis Rabbah 8,1, Vayikra Rabbah 14,1, Tanchuma,
Tazria 1, See also Berachos 61a):“When Hakadosh baruch Hu created
Adam Harishon He made him androgynous – this is the meaning of
the passuk, ‘Male and female He created them’ (Bereishis 5:2).” This
should therefore be a source of encouragement.
2. Now to respond to these two questions which are really one and
the same question: The point requiring clarification is the status of a
baby with the external organs of one gender and inside the abdomen,
organs of the other gender. In the first question for example, he has an
external male organ and internally he has female organs. In the sec-
ond question there is an external female organ but internally she has
male organs. The question is, what determines gender – is it solely
the external appearance or do we also consider the internal organs?
Now, a person who has a male organ but who is genetically a female
and who also has internal female organs is apparently considered a
male not an androginos, for we do not reckon with internal findings
which are not visible externally. Only if he has both male and female
organs externally is he considered an androginos and may not make
up a minyan, as stated by the Mishnah Berurah (55:3), namely that
an androginos cannot be counted as one of the ten men necessary for
a minyan. However if externally he appears male but hidden from
view within his body he has female organs, he is regarded as a male.
The Chazon Ish writes similarly (Even Ha’ezer 12) regarding a kerus
shufchah [who is forbidden from marrying a Jewess] as follows: “Even
though he is rendered sterile by having the [sperm] ducts inside his
body severed, he is not prohibited from marrying a Jewess and is like
any other sterile man or natural eunuch.” Thus, in regard to the prohi-
bition of a kerus shufchah, we do not reckon with the situation hidden
from view within the body and so it is in our case. This is particularly
so since the Torah was given when there were no means of viewing
concealed internal organs that were hidden from our sight and since
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