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based on the rationale for the mitzvos. Even an androginos needs to
be circumcised with a blessing. A baby who has no testicles and who
cannot have children is nevertheless circumcised and the blessing is
made. Furthermore, perhaps he will have a cure by attaching the two
pieces and he will be able to sire offspring – so argues the Knesses
Yechezkel.

The Yaavetz by contrast takes strong issue with this ruling writing,
“Listen to this, elders. Has such a thing occurred in your lifetimes or
in the days of your forefathers? Tell your sons that a teacher [a rabbi]
instructed that a female should be circumcised in the synagogue!” In
other words, it was clear to the Yaavetz that this baby was female and
not a male and should therefore not be circumcised.

The Yaavetz continues:“According to what I saw I judged the child
to be a female in every respect and not an androginos who has both
male and female organs. Here there was no male organ at all for the
organ was blocked and was solid flesh. Neither is the child a tumtum
[whose gender is not evident externally] because a tumtum is not
recognizable as either a male or a female but here it was clear that
there was no male organ, only female organs [there were apparent-
ly no testicles either] because the flesh that somewhat resembled a
male organ cannot be termed as such. It was merely a hanging piece
of flesh growing from the body, like a skin tag that can be found on
other parts of the body. The child cannot be considered a male on
the basis of this [appendage’s] external appearance bearing a passing
resemblance to a male organ, for it had no hollow [pathway for the
urine] nor could it serve the functions of that reproductive organ for
it had no channel to convey semen, nor for any other body wastes.
It is thus as though it does not exist. Moreover, it was also split and
torn open on top. By contrast, the male organ of an androginos is not
redundant. He has this organ for use in intercourse like a male, just
that it is accompanied by a female organ as well, so he is considered
both male and female. This baby however, has no sign of being male
whatsoever and even supposing that an expert physician is found who
can heal the split and get the two sides to attach to each other and be-
come one piece of flesh – will anything new be created in the shape of

164 1 Medical-Halachic Responsa of Rav Zilberstein