Intersex in religion

The Talmud contains an extensive discussion about the status of two types of intersex people in Jewish law: androgynos , which have male and female external genitalia, and tumtum , which have neither one nor the other. The nature of androgynos was first revealed in the Mishnah , where disputes arise regarding the classification of an individual as male or female. The Talmud addresses this issue primarily in two places, in the treatise Bikurim ^[3] and in the treatise Evumot ^[4] . One of the statements in the “Bikurim Treatise” indicates that in the androgynos there are elements of the male sex, elements of the female sex, elements of both and elements of neither one nor the other ^[5] . An alternative opinion is that androgynos is a separate gender and category ^[6] . Evumot conducts a much more extensive analysis, where various approaches are considered in the light of the opinions established in Bikurim. In these discussions, four theoretical categories are distinguished that may include androgynos:

• The gender of the person is unknown. They may be men or women, but their true identity remains in question.
• This is an independent gender, a category completely separated from male and female.
• They are both men and women, that is, they exist simultaneously as representatives of both sexes.
• They are considered men. Because they have male sexual characteristics.

Halakha has specific legal obligations that vary between men and women, and thus gender becomes an extremely important aspect of the individual.

In determining the legal sex of androgynos, the minority is posky , classifies them as completely masculine. However, most commentators of the Talmud do not assign a fixed gender to androgynos ^[7] . Due to the vague identity of androgynos, it can be classified in different ways in different cases - sometimes as a man, sometimes as a woman, sometimes as a man, and as a woman, and sometimes in any way ^[8] . According to this classification, in cases where the law is different for men and women, androgynos must adhere to a more stringent option.

In the Bible, eunuchs (eunuchs) are mentioned many times, for example, in the book of Isaiah (56: 4), using the word סריס (sari). Matvey claims that the term refers to some people from birth, as well as to people who have become eunuchs through castration:

Roman law and postclassical canon law say that a person’s gender is male, female or hermaphrodite, and rights can be male or female, depending on the prevailing characteristics. In accordance with Roman law, a hermaphrodite was to be classified as male or female ^[9] .

Grazian’s decree states that “whether a hermaphrodite can become a witness depends on which gender prevails” ^{[10] [11] [12]} . Huguti Pisansky declares that “if someone has a beard, and he always prefers to act like a man, not like a woman, and he always prefers to be in the company of men, not women, then this is a sign that it prevails male gender, and then he can be a witness where a woman cannot ” ^[12] .

Islamic law scholars discuss in detail the status and rights of inter-sexes based on how their genitals look. Intersex rights include inheritance rights, the right to marry, the right to life, as with any other men and women. In Fikh's books, intersex is called junthaa, they are classified into 3 types of people ^[13] :

• A person has signs of both organs, and urinates using a male organ. This person will be included in the number of men, and laws regarding men will apply to him.
• A man urinates using a female organ, so he will be included in the number of women. Laws regarding women apply to this person. This classification is used until a person reaches puberty. After that, the person will be double-checked. If he sees wet dreams like a man, he is considered a man. On the other hand, if a person develops breasts and other signs of the female body, he will be included in the number of women.
• When both male and female signs are developed equally and it is impossible to determine whether a person is more male or more female, then such a person is called hunsa mushkil. There are special laws regarding such a person, for example: Khuns Mushkil is not allowed to wear silk and jewelry. Both are acceptable for women. But since the condition of this person cannot be established, therefore, precautionary measures require that such a person do not wear silk and jewelry because of the likelihood that he may be larger than a man. Such a person cannot travel without mahram because of the possibility of being more feminine. When this person dies, you cannot commit a ghusl , because the question arises of who should do it, man or woman. The law says that this person needs tayammum . If the mahram performs tayammum, the person should put cloth on his hands. Mahram should not wear clothes over his hands ^[13] .

As for the marriage of one, then depending on how the person is classified (male or female), he or she may marry someone of the opposite sex. If it’s the Khuns, it’s impossible, then the marriage of such a person cannot be valid, because it is impossible to determine whether a person is more a man or a woman. If such a man is sexually attracted to women and he claims to be a man, then this is a sign that he is most likely a man, and vice versa ^[14] .

Medical interventions in the bodies of intersex people are considered permissible to achieve agreement between the appearance, chromosomes or genitals of a person. They are considered as a treatment, and not a change in the creation of Allah or imitation of the opposite sex ^[15] .

Sangam literature uses the word pedi to refer to people born with intersex variations. It also applies to Antarling hijrams and other hijrams. Intersex people are commonly known as Mabedi Usili in the hijr community, but at the same time they are an independent, separate entity. In Tirumantiram, Tirumular recorded a connection between intersex and Shiva ^[16] . Warne and Raza argue that the relationship between intersex and hijra is largely unfounded, but misunderstandings “cause great fear among parents” of intersex infants and children ^[17] .