Bekhorot 42B

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Text Excerpt

ben Yehuda comes to say: A tumtum is not of uncertain status, but a distinct entity, and it is not sacred at all. The Talmud responds: No, everyone agrees with regard to the statement that a tumtum is a distinct entity that there is no doubt that this is incorrect. Where there is doubt is with regar

In addition, in a case where the tumtum urinates from the place of the male sex organ, then everyone agrees that it is a male. When they disagree is in the case of a tumtum that urinates from the place of the female sex organ. One Sage, the Rabbis, holds that we are concerned that perhaps its male

R' Yoḥanan wondered about this ruling of R' Elazar: Who is the Sage who is not concerned about the opinion of the first tanna in the Mishnah and about the opinion of R' Yishmael, who maintain that a tumtum is a case of uncertainty? The Talmud asks: And let R' Yoḥanan also say: Who is this who is no

The Talmud explains that R' Yoḥanan does not hold in accordance with that statement of Rav Ḥisda; rather, he maintains that according to the latter Rabbis a tumtum is a distinct entity. The Talmud asks: If R' Yoḥanan does not hold in accordance with Rav Ḥisda, why did he wonder about R' Elazar’s ru

The Talmud asks: And R' Elazar, in accordance with whose opinion does he hold? The Talmud answers that he holds in accordance with that which Reish Lakish says: The rabbis said that the halakhic status of a tumtum is an uncertain case only with regard to a person, since the male sex organ and the