Bechoros Daf 42 בכורות דַף 42

Rav Chisda said our Mishnah’s machlokes concerned only אנדרוגינוס, but regarding a טומטום, דברי הכל ספיקא הוא וקדוש מספיקא – all agree it is of questionable gender, and a firstborn is sanctified out of doubt. Meaning, when the Chochomim said “it” is not a bechor and is chullin, they only meant an אנדרוגינוס, which they consider a בריה – an independent creature (neither male nor female), but agree a טומטום is either male or female, and a possible bechor. Rav Chisda is challenged from many Baraisos which exclude טומטום from various laws as neither a male nor a female: they exclude a טומטום from having any ערכין value, disqualify it as a korban, exclude a bird טומטום which was killed without shechitah from being metamei through being swallowed, and exclude a טומטום from attaining קדושת הגוף, either to become a temurah, or to make another animal a temurah. To all these challenges, the Gemara gives the same answer: סמי מכאן טומטום – delete from here the word “tumtum,” and each Baraisa discusses only אנדרוגינוס. [Below, Rebbe Yochanan disagrees with Rav Chisda, and holds there is a Tanna who holds a טומטום is a בריה.]

The Gemara suggests that Tannaim in a Baraisa debate a טומטום’s status: Rebbe Yishmael says an אנדרוגינוס is a bechor with a מום, but the Chochomim say no kedushah takes effect on it (i.e., it is a בריה). Rebbe Shimon ben Yehudah says the word "זכר" excludes טומטום and אנדרוגינוס from being sanctified as a bechor. Apparently, although the Chochomim hold an אנדרוגינוס is a בריה, they consider a טומטום a ספק and possibly sanctified, and Rebbe Shimon ben Yehudah holds a טומטום is also a בריה, and not sanctified.

The Gemara answers that all Tannaim may agree that טומטום is either male or female, as Rav Chisda said. Thus, מטיל מים במקום זכרות – if [the animal] releases its urine from the area of the male organs, all agree it is a definite male. Their machlokes is במטיל מים במקום נקבות – where it releases its urine from the area of the female organs. The Chochomim hold it may still be a male, because חיישינן שמא נהפכה זכרותו לנקבותו – we are concerned that its male organs were bent over to the area of the female organs. Rebbe Shimon ben Yehudah disagrees, and considers such a טומטום a definite female.

Baraisos discuss the marriage status of a טומטום. One Baraisa states: טומטום שקידש – if a טומטום married [a woman], the marriage takes effect out of doubt, since he might be a male, and the woman requires a גט. If a man marries a טומטום, the marriage is effective (since he might be a female), and the man becomes forbidden to the טומטום’s relatives. A טומטום performs חליצה to his brother’s wife (if there is no other brother), and חליצה or יבום is performed with a טומטום’s wife. But another Baraisa teaches that a טומטום’s wife performs חליצה, but not יבום. The Gemara first explains that both Baraisos hold like Rebbe Akiva, that סריס חמה – a man sterile from birth is excluded from יבום and חליצה. The first Tanna is not concerned the טומטום might be a סריס, so his wife is permitted for יבום. The second Tanna holds הואיל ואישתני אישתני – since he is changed from the norm in being a טומטום, perhaps he is changed and is also a סריס, and his wife is prohibited to his brothers as a relative. The Gemara concludes that all Tannaim agree he may be a סריס, and argue whether the wife of a סריס חמה is excluded from יבום.