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Thus, if we leave the child as it is, it is considered a female because
the visible, external organs determine gender according to halachah.

Accordingly, in the first case above “Yossi” is considered a male and
can be counted for a minyan. However, I believe that the view of my
father-in-law Rav Y.S. Elyashiv zt”l, was to regard all such cases as
being an androginos so it must be considered whether or not he can
be counted for a minyan. As stated earlier, the view of the Mishnah
Berurah (55,3) is that an androginos cannot be counted for a minyan.
However the Maharam Schick (Orach Chayim 32), gives a lenient
ruling in this regard as follows:

“A young man who was short and had an unusual appear-
ance was said by many people to be an androginos. Can he be
counted for a minyan when there is no one else…for there is
concern that the blessings of chazaras hashatz [the reader’s
repetition of the Amidah prayer] might be in vain [if there
is no minyan present]? This concerns a Torah prohibition
[of uttering G-d’s Name in vain] and even without this, we
are stringent [even] in regard to rabbinic requirements when
our doubt is owing to our lack of knowledge. Furthermore,
ruling leniently could result in two contradictory lenien-
cies…

“Response: We find three opinions about the status of
an androginos. The Rambam (Hilchos Ishus 2,24), rules that
whether an androginos is male or female is uncertain. The
view of the R”Y and the Rosh (Even Ha’ezer 44 and 172)
is that an androginos is definitely male, though they argue
about whether or not he can sire children. [The Rambam
(Hilchos Yibum 6,2) is of the opinion that an androginos
cannot have children, whereas the Tur (Even Ha’ezer 172)
and Tosfos (Yevamos 83a) are apparently of the opinion that
he can. The Noda B’yehudah (Tinyana, Even Ha’ezer 1 in
the note) engages in intricate discussion of this topic.] The
third view is that of the Raavad (Hasagos to Hilchos Shofar
2,2), namely that an androginos is half male (andro) and half

The Hermaphrodit 2 159