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BIKURIM PEREK 4

Introduction to Perek Androginus (adapted from the 'Rishon le'Tzi'on'). This Perek does not appear in the Mishnah at all, and it is the S'mag who lists it as the fourth Perek of Bikurim. The problem with this is that he also lists 'Shanu Chachamim' as the sixth Perek of Avos, making a total of 525 chapters of Mishnayos, whereas he himself writes that there are 524 chapters (as hinted in the numerical value of the phrase "al Har Kodshecha"). Consequently, there must be mistake, and either the sixth Perek of Avos or the fourth Perek of Bikurim must be Beraisos, and not Mishnayos.
The Rambam, in his introduction to Seder Zera'im, lists 523 chapters of Mishnayos. In his opinion, Avos comprises five Perakim and Bikurim, three, and both 'Shanu Chachamim' and 'Androginus' are Beraisos.

Questions

Mishnah 1 & 2

1)
(a) An Androginus - is a person with both male and female sexual organs.
(b) The Mishnah lists four categories of Androginus ... sometimes he has the Din of a male only, sometimes, those of a female only, sometimes those of both and sometimes, that of neither.
(c) When the Tana says that he is ...
1. ... 'Metamei be'Loven ka'Anashim', he means - that his semen renders those who touch it (as well as himself) Tamei (see Tiferes Yisrael).
2. ... 'Mis'atef ka'Anashim', he means - that he is obligated to dress like a man (and not like a woman).
(d) The Tana also permits him to marry like a man, but not to be married like a woman - because a man who has relations with 'him', may be having relations with another man.

2)
(a) The Tana also considers him like a male, regarding Dam Tohar which means - that his mother is only Tahor until the fortieth day, but not after that (as she would be if he was a female).
(b) Regarding ...
1. ... Yichud too - he is considered to be a man, and is forbidden to seclude himself with a woman.
2. ... being fed from his father's property after the latter's death if he left little property (which the daughters may do) - he has no claim (because his sisters can say 'Prove you are a woman [see Tiferes Yisrael]).
(c) The Tana - forbids an Androginus to cut off his Peyos, destroy all five corners of his beard or render himself Tamei in the event that one of his relatives dies and he is a Kohen (mi'Safek, since he may be a man).
(d) Finally - the Tana obligates him to observe all the Mitzvos that a man is commanded (including Mitzvos Asei she'ha'Zeman Gerama').

Mishnah 3

3)
(a) The Tana now discusses the ways in which an Androginus is considered a woman. He rules that ...
1. ... if 'he' sights blood - 'he' has all the Dinim of a woman who does so.
2. ... 'he' is forbidden to seclude 'himself' with a man.
3. ... should 'he' die without leaving children, 'his' wife is not obligated to perform Yibum when 'he' dies (only Chalitzah mi'Safek).
(b) Neither does 'he' ...
1. ... share 'his' father's inheritance with his brothers (who send him to join their sisters), or ...
2. ... eat Kodshei ha'Mikdash (that only Kohanim are permitted to eat [i.e. the chest and the right shoulder that the Kohen receives from every Shelamim or Kodshei Kodshim]).
(c) And when the Tana says ...
1. ... 've'Imo Yosheves Alav be'Dam Tamei ke'Nashim, he means - that she is Tamei for the first fourteen days after giving birth to 'him'.
2. ... 've'Im Niv'al ba'Aveirah, Nifsal min ha'Terumah ke'Nashim', he means - that if he has an incestual relationship, or has relations with any man who is Pasul li'Kehunah, he is forbidden to eat Terumah.
(d) The Tana cannot mean that he becomes Pasul irrespective of who the Bo'el is, because 'Mah Nafshach', if he is a man, then he does not become Pasul at all, whereas if 'he' is a woman, then it is only a Bi'ah with a P'sul Kehunah that renders 'him' Pasul.

Mishnah 4

4)
(a) The Mishnah now discusses the ways in which an Androginus has the dual Din of a man and a woman. The Mishnah declares that someone who strikes 'him' is Chayav to pay - and that anyone who curses 'him' (with the Name of Hash-m) is Chayav Malkos,
(b) Someone who kills 'him' - is sentenced to death.
(c) When his mother gives birth to 'him' - she is obligated to bring a Korban (on the eighty-first day).

5)
(a) An Androginus Kohen is permitted to eat - Kodshei ha'Gevul (such as Terumah and Chalah), in the same way as a Kohenes is.
(b) When the Tana says that he 'inherits all sorts of inheritances', he means - that if he is the only heir, he inherits his father completely ...
(c) ... which would not be the case - if he was a 'Beryah bi'Fenei Atzmo' (an independent creature who is neither a man nor a woman [as is the opinion of R. Yossi at the end of the Perek]).

Mishnah 5

6)
(a) Finally, the Mishnah discusses the ways in which an Androginus is similar to neither a man nor a woman. Consequently, if he either has a sighting of semen or of blood, and then ...
1. ... touches Terumah (or Kodshim) - it is not burnt.
2. ... enters the Beis-Hamikdash be'Shogeg - he does not bring a Chatas.
(b) If however, he sees both blood and semen at the same time - then ...
1. ... the Terumah that 'he' touches must be burnt, though - he does not ...
2. ... bring a Korban if he then enters the Beis-Hamikdash, since the Torah writes in Parshas Naso "mi'Zachar ve'ad Nekeivah Teshaleichu" (from which Chazal derive 'Vaday, but not Safek').
(c) The Tana rules that an Androginus cannot be ...
1. ... sold as an Eved Ivri or as an Amah ha'Ivri'ah.
2. ... assessed regarding his Erech (should someone declare 'Erech P'loni' Alai' or if he declares 'Erki Alai').
(d) He cannot be ...
1. ... sold as an Eved Ivri - because the maybe 'he' is a woman, and the Torah writes "bi'Geneivaso", 've'Lo bi'Geneivasah'.
2. ... sold as an Amah Ivriyah - in case he is a man, and the Torah only permits selling one's daughter, but not one's son (see also Meleches Shlomoh)/
3. ... assessed regarding Erchin - because the Torah in Bechukosai uses the terms "Zachar" and "Nekeivah" (which preclude Safek).

7)
(a) If someone points to him and declares that he will be a Nazir if 'he' is not a man or if he is not a woman - then he is a Nazir.
(b) According to R. Yossi ...
1. ... an Androginus - is a Beryah bi'Fenei Atzmo (see Meleches Shlomoh), whereas ...
2. ... a Tumtum (someone whose private parts are covered with skin and one cannot tell whether 'he' is a male or a female) - is a Safek whose sex will be determined when his skin splits open.

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