| ANDROIGENUS |
|
If someone gives birth to an Androigenus (someone with have organs of both genders,) if he's Yoitze the Mitzvah, firstly, depends if he can reproduce. Tosfos and Tur say that he can reproduce. The Bais Yosef argues. According to him, you cannot be Yoitze with an Androigenus. According to Tosfos that holds it can reproduce, then it depends on the status of the Androigenus. The Rambam says that he's a definite male, so he would be Yoitze. The Ri and Rosh say that he's a Sufeik male Sufeik female. If the second child is a female, then it would be a Sufeik if he's Yoitze (since maybe it's a male, so you have a boy and a girl.) But if the second child is a boy then it's not so simple that he's even Sufeik Yoitze. Even if it's a girl, since it cannot reproduce like a female, only like a male, then it may not count as a girl. Since we need a girl that reproduces it would need to reproduce like a girl. On the other hand, maybe all you need is a girl that reproduces, so it doesn't matter how it reproduces. The Raavad holds that it's a half boy and half girl. Of course, with one Androigenus you're not Yoitze (you can't claim that you have a boy and girl wrapped up in one) since you need to have at least two entities. But if you have a girl with it, then you are Yoitze. If you have a boy with it, then it depends on the above question if you can count a girl that reproduces like a boy. The Ramban holds that it's not a boy nor a girl, but a new concoction by itself. Therefore, whether it can reproduce or not makes no difference, since you need a boy or a girl and you have neither |