Gender

§ The Sages taught in a baraita: During the first three months of pregnancy, the fetus resides in the lower compartment of the womb; in the middle three months, the fetus resides in the middle compartment; and during the last three months of pregnancy the fetus resides in the upper compartment. And once its time to emerge arrives, it turns upside down and emerges; and this is what causes labor pains.

With regard to the assertion that labor pains are caused by the fetus turning upside down, the Gemara notes: And this is the explanation for that which we learned in a baraita: The labor pains experienced by a woman who gives birth to a female are greater than those experienced by a woman who gives birth to a male. The Gemara will explain this below.

The Gemara asks: What is different about the labor pains experienced by a woman who gives birth to a female, that they are greater than those experienced by a woman who gives birth to a male? The Gemara answers: This one, a male fetus, emerges in the manner in which it engages in intercourse. Just as a male engages in intercourse facing downward, so too, it is born while facing down. And that one, a female fetus, emerges in the manner in which it engages in intercourse, i.e., facing upward. Consequently, that one, a female fetus, turns its face around before it is born, but this one, a male fetus, does not turn its face around before it is born.

§ The Sages taught: There are three partners in the creation of a person: The Holy One, Blessed be He, and his father, and his mother. His father emits the white seed, from which the following body parts are formed: The bones, the sinews, the nails, the brain that is in its head, and the white of the eye. His mother emits red seed, from which are formed the skin, the flesh, the hair, and the black of the eye. And the Holy One, Blessed be He, inserts into him a spirit, a soul, his countenance [ukelaster], eyesight, hearing of the ear, the capability of speech of the mouth, the capability of walking with the legs, understanding, and wisdom.

§ Rabbi Yitzḥak says that Rabbi Ami says: The sex of a fetus is determined at the moment of conception. If the woman emits seed first, she gives birth to a male, and if the man emits seed first, she gives birth to a female, as it is stated: “If a woman bears seed and gives birth to a male” (Leviticus 12:2).

The Sages taught: At first, people would say that if the woman emits seed first she gives birth to a male, and if the man emits seed first, she gives birth to a female. But the Sages did not explain from which verse this matter is derived, until Rabbi Tzadok came and explained that it is derived from the following verse: “These are the sons of Leah, whom she bore to Jacob in Paddan Aram, with his daughter Dinah” (Genesis 46:15). From the fact that the verse attributes the males to the females, as the males are called: The sons of Leah, and it attributes the females to the males,in that Dinah is called: His daughter, it is derived that if the woman emits seed first she gives birth to a male, whereas if the man emits seed first, she bears a female.

This statement is also derived from the following verse: “And the sons of Ulam were mighty men of valor, archers, and had many sons and sons’ sons” (I Chronicles 8:40). Is it in a person’s power to have many sons and sons’ sons? Rather, because

they delay while in their wives’ abdomen, initially refraining from emitting semen so that their wives will emit seed first, in order that their children will be male, the verse ascribes them credit as though they have many sons and sons’ sons. And this statement is the same as that which Rav Ketina said: I could have made all of my children males, by refraining from emitting seed until my wife emitted seed first. Rava says another method through which one can cause his children to be males: One who wishes to make all of his children males should engage in intercourse with his wife and repeat the act.

§ And Rabbi Yitzḥak says that Rabbi Ami says: When a male comes into the world, i.e., when a male baby is born, peace comes to the world, as it is stated: “Send the lambs [khar] for the ruler of the land” (Isaiah 16:1). This khar, or kar, a gift one sends the ruler, contributes to the stability of the government and peace, and the word male [zakhar] can be interpreted homiletically as an abbreviation of: This is a kar [zeh kar].

And Rabbi Yitzḥak from the school of Rabbi Ami says: When a male comes into the world, his loaf of bread, i.e., his sustenance, comes into his possession. In other words, a male can provide for himself. This is based on the aforementioned interpretation of the word male [zakhar] as an abbreviation of: This is a kar [zeh kar], and the term kar refers to sustenance, as it is written: “And he prepared great provision [kera] for them” (II Kings 6:23).

By contrast, when a female comes into the world, nothing, i.e., no sustenance, comes with her. This is derived from the homiletic interpretation of the word female [nekeva] as an abbreviation of the phrase: She comes clean [nekiya ba’a], i.e., empty. Furthermore, until she says: Give me sustenance, people do not give her, as it is written in Laban’s request of Jacob: “Appoint me [nokva] your wages, and I will give it” (Genesis 30:28). Laban used the word nokva, similar to nekeva, when he said that he would pay Jacob only if he explicitly demanded his wages.

The students of Rabbi Shimon ben Yoḥai asked him: For what reason does the Torah say that a woman after childbirth brings an offering? He said to them: At the time that a woman crouches to give birth, her pain is so great that she impulsively takes an oath that she will not engage in intercourse with her husband ever again, so that she will never again experience this pain. Therefore, the Torah says that she must bring an offering for violating her oath and continuing to engage in intercourse with her husband.

Rav Yosef objects to this answer: But isn’t the woman an intentional violator of her oath? And if she wishes that her oath be dissolved, so that she may engage in intercourse with her husband, the matter depends on her regret of her oath. One is obligated to bring an offering for violating an oath of an utterance only if his transgression is unwitting. And furthermore, if the purpose of the offering that a woman brings after childbirth is to atone for violating an oath, then she should be required to bring a female lamb or goat as an offering, which is the requirement of one who violated an oath, rather than the bird offering brought by a woman after childbirth.

And the students of Rabbi Shimon ben Yoḥai further inquired of him: For what reason does the Torah say that a woman who gives birth to a male is ritually impure for seven days, but a woman who gives birth to a female is impure for fourteen days? Rabbi Shimon ben Yoḥai answered them: When a woman gives birth to a male, over which everyone is happy, she regrets her oath, that she will never again engage in intercourse with her husband, already seven days after giving birth. By contrast, after giving birth to a female, over which everyone is unhappy, she regrets her oath only fourteen days after giving birth.

And the students further asked him: For what reason does the Torah say that circumcision is performed only on the eighth day of the baby’s life, and not beforehand? He answered them: It is so that there will not be a situation where everyone is happy at the circumcision ceremony but the father and mother of the infant are unhappy, as they are still prohibited from engaging in intercourse.

It is taught in a baraita that Rabbi Meir would say: For what reason does the Torah say that a menstruating woman is prohibited from engaging in intercourse with her husband for seven days? It is because if a woman were permitted to engage in intercourse with her husband all the time, her husband would be too accustomed to her, and would eventually be repulsed by her. Therefore, the Torah says that a menstruating woman shall be ritually impure for seven days, during which she is prohibited from engaging in intercourse with her husband, so that when she becomes pure again she will be dear to her husband as at the time when she entered the wedding canopy with him.

And the students of Rabbi Dostai further asked him: For what reason does a man engage in intercourse facing down, and a woman engage in intercourse facing up toward the man? Rabbi Dostai answered them: This man faces the place from which he was created, i.e., the earth, and that woman faces the place from which she was created, namely man.

And the students also inquired: For what reason is a man who is angry likely to accept appeasement, but a woman is not as likely to accept appeasement? Rabbi Dostai answered them: It is because this man behaves like the place from which he was created, i.e., the earth, which yields to pressure, and that woman behaves like the place from which she was created, i.e., from bone, which cannot be molded easily.

It is taught in a baraita that Rabbi Meir would say: A man is obligated to recite three blessings every day praising God for His kindnesses, and these blessings are: Who did not make me a gentile; Who did not make me a woman; and Who did not make me an ignoramus.

Rav Aḥa bar Ya’akov heard his son reciting the blessing: Who did not make me an ignoramus. Rav Aḥa bar Ya’akov said to him: Is it in fact proper to go this far in reciting blessings? Rav Aḥa bar Ya’akov’s son said to him: Rather, what blessing should one recite? If you will say that one should recite: Who did not make me a slave, that is the same as a woman; why should one recite two blessings about the same matter? Rav Aḥa bar Ya’akov answered: Nevertheless, a slave

is more lowly than a woman, and therefore it is appropriate to recite an additional blessing on not having been born a slave.

The Gemara states: Greater is the promise for the future made by the Holy One, Blessed be He, to women than to men, as it is stated: “Rise up, women at ease; hear My voice, confident daughters, listen to what I say” (Isaiah 32:9). This promise of ease and confidence is not given to men.

Rav said to Rabbi Ḥiyya: By what virtue do women merit to receive this reward? Rabbi Ḥiyya answered: They merit this reward for bringing their children to read the Torah in the synagogue, and for sending their husbands to study mishna in the study hall, and for waiting for their husbands until they return from the study hall.

The Gemara continues to expound these verses: Rabbi Ḥiyya bar Abba says that Rabbi Yoḥanan says: Anyone who recites havdala over wine at the conclusion of Shabbatot, and not over some other beverage, will have male children, as it is written: “To distinguish between the holy and the unholy, and between the impure and the pure” (Leviticus 10:10), and it is written there once again: “To distinguish between the impure and the pure” (Leviticus 11:47), and it is stated near it: “If a woman conceive and bear a male child” (Leviticus 12:2). Rabbi Yehoshua ben Levi says: Anyone who recites havdala over wine at the conclusion of Shabbatot will have sons who are worthy of teaching halakha, as it is written: “To distinguish between the holy and the unholy…and to teach” (Leviticus 10:10–11).

Rabbi Binyamin bar Yefet says that Rabbi Elazar says: Anyone who sanctifies himself with modest conduct while engaging in sexual intercourse will have male children, as it is stated: “You shall sanctify yourselves, and you shall be holy” (Leviticus 11:44), and it is stated near it: “If a woman conceive and bear a male child” (Leviticus 12:2).

"And God built [out of] the rib" - Rabbi Eliezer said in the name of Rabbi Yossi the son of Zimra: woman was endowed with more understanding than man. As it is taught: at eleven years and one day, her vows stick; at twelve years and one day her vows apply; and all twelve-year-olds are checked. But for males, at twelve years and one day his vows stick; at thirteen years they apply, and all thirteen-year-olds are checked. Rabbi Yirmiya said in the name of Rabbi Shmuel bar Yitzchak: there are those that say the opposite, as the way of a woman is to sit in her home, and the way of a many is to go out to the marketplace and learn understanding from others. Rabbi Aybu said, and some attribute it to the name of Rabbi Benaya, and it is [also] taught in the name of Rabbi Shimon ben Yochai: [God] adorned her [Eve] like a bride, and afterwards brought her to him [Adam]. In some places they call 'kil'ata' [braids] 'bin'yata' [net-works]. Rabbi Hamma bar Chanina said: you think that she was brought to him under a carob or sycamore tree, rather she was adorned with twenty four kinds of finery, and then brought to him, as it says: "In Eden, the garden of God you were, and all precious stones were your covering: the carnelian, the topaz..." (Ezekiel 28:13). The Rabbis and Rabbi Shimon ben Lakish; the Rabbis said: ten, and Rabbi Shimon said: eleven. Rabbi Hamma bar Chanina and Rabbi Shimon ben Lakish both said: a general rule followed by a specific; follow the general rule by adding the specific, and it is all in the general rule - "every precious stone is your covering" is a general rule. "Carnelian, topaz, emerald, beryl..." are the specifics. Follow the general rule - "every precious stone is your covering." Rabbi Levi and Rabbi Simon: one said nine, and one said ten. The one who said ten is like the Rabbis, and the one who said nine argues that the "gold" mentioned in the verse surely does not refer to a canopy. Rabbi Acha bar Chanina said: he made walls of gold and coverings of precious stones and pearls. Rabbi Eleazar bar Bisna said in the name of Rabbi Aha: He even made him hooks of gold.

Rabbi Yehoshua of Sichnin said in the name of Rabbi Levi: "And He built" is written; He contemplated from where to create her. He said: I will not create her from the head, lest she be haughty; I will not create her from the eye, lest she be coquettish; I will not create her from the ear, lest she be an eavesdropper; I will not create her from the mouth, lest she be a chatter-box; I will not create her from the heart, lest she be jealous; I will not create her from the hand, lest she be a thief; I will not create her from the leg, lest she be a run-about; rather, I will create create her from the most modest place on a person, as even when a person stands naked this place is covered. And as He created each and every limb of the woman, He would say to her: be a modest woman, be a modest woman! Nevertheless, "And they have disregarded all of my counsel" (Proverbs 1:25). I did not create her from the head, and yet she is haughty, as it says: "And they walk with stretched-forth necks" (Isaiah 3:16). And not from the eye, yet she is coquettish, as it says: "and with wanton eyes" (ibid.). And not from the ear, and yet she is an eavesdropper, as it says: "And Sarah listened from the entrance of the tent" (Genesis 18:10). And not from the heart, and yet she is jealous, as it says: "And Rachel was jealous of her sister" (Genesis 30:1). And not from the hand, and yet she is a thief, as it says: "And Rachel stole the idols" (Genesis 31:19). And not from the leg, and yet she is a run-about, as it says: "And Dinah went out..." (Genesis 34:1).

Rav Hisda said: He built her an extra store-room [womb] more than the man, wider at the bottom and narrower at the top, so that it could receive fetuses. "And He brought her to the man" - Rabbi Avin said: happy is the townsperson, who has the King as a friend.

Rabbi Akiva said: From where is it derived that idolatry, e.g., a statue of a deity, transmits impurity imparted by carrying even when the person who carries it does not come into contact with it, just as a menstruating woman does? As it is stated: “And you will defile the silver overlays of your statues, and the golden plating of your idols, you will cast them away as you would a menstruating woman [dava], you will tell it, get out” (Isaiah 30:22). Just as a menstruating woman transmits impurity imparted by carrying, so too, idolatry transmits impurity imparted by carrying.

The Gemara continues to discuss this issue. The Sages taught: Three objects should not be allowed to pass between two people walking along a road, and people should not walk between two of them: A dog, a palm tree, and a woman. And some say: Also a pig. And some say: Also a snake. All of these were associated with witchcraft.

Similarly, these two men, between whom a menstruating woman passes, if she is at the beginning of her menstruation she kills one of them, i.e., she causes the death of one of the two men. If she is at the end of her menstruation she does not kill, but she causes a fight between them. What is his remedy? He should open with a verse that begins with the word God and he should conclude with a verse that ends with the word God, as explained above.

“Daughters of Jerusalem,” the Rabbis say: Do not read it as “daughters of [benot] Jerusalem, but rather, builders of [bonot] Jerusalem. This is the Great Sanhedrin of Israel, which convenes and instructs them with regard to every question and judgment.
Another matter, “daughters of [benot] Jerusalem,” Rabbi Yoḥanan said: Jerusalem is destined to become a metropolis for all countries, and to draw [people] to it in streams, for its glory, as it is stated: “Ashdod, its towns, [benoteha] and its surrounding areas; Gaza, its towns, and its surrounding areas up to ” (Joshua 15:47). This is the opinion of Rabbi Yoḥanan, as Rabbi Yoḥanan said: It is written: “I will give them to you as daughters [levanot] and not due to your covenant” (Ezekiel 16:61). What is “levanot”? Towns. What is “not due to your covenant”? It is not due to your contract, but rather due to My contract. Rabbi Beivai said in the name of Rabbi Reuven: “Sing, barren one, [who did not bear]” (Isaiah 54:1). What song is there for barrenness? Rather, “sing, barren one,” who did not bear children for Gehenna.
Rabbi Berekhya said in the name of Rabbi Shmuel bar Naḥman: Israel was likened to a female, just as a female takes one-tenth of the property from her father and leaves, so, too, Israel inherited the land of the seven nations, which is one-tenth of the seventy nations. Because they inherited like a female, they sang songs in the feminine, as it is stated: “Then Moses and the children of Israel sang this song [hashira hazot] to the Lord” (Exodus 15:1). But, in the future, they are destined to inherit like a male, who inherits all his father’s property; that is what is written: “From the eastern side to the western side, Judah, one portion” (Ezekiel 48:7). “Dan one portion…Asher one portion” (Ezekiel 48:1–2), and all of them so, and they speak in the masculine, as it is stated: “Sing to the Lord a new song [shir ḥadash]” (Psalms 96:1); shira ḥadasha is not written, but rather shir ḥadash.
Rabbi Berekhya and Rabbi Yehoshua ben Levi [said]: Why was Israel likened to a female? Just as a female loads and unloads, loads and unloads, and then unloads and does not load again, so, too, Israel is enslaved and redeemed, enslaved and redeemed, and is then redeemed and is never enslaved again. In this world, because their trouble is like the trouble of a female who gives birth, they sing songs in the feminine; however, in the World to Come, where their trouble is not like the trouble of one who gives birth, they sing songs in the masculine. That is what is written: “On that day this song [hashir] will be sung” (Isaiah 26:1).

The hermaphrodite is in some ways like men, and in other ways like women. In other ways he is like men and women, and in others he is like neither men nor women.

In what ways is he like men?He causes impurity with white discharge, like men; He dresses like men; He can take a wife but not be taken as a wife, like men. [When he is born] his mother counts the blood of purification, like men; He may not be secluded with women, like men. He is not maintained with the daughters, like men; He transgresses the law of: “You shall not round” (Leviticus 19:2 and “You shall not defile for the dead,” (Leviticus 21:1) like men; And he must perform all the commandments of the Torah, like men.

And in what ways is he like women?He causes impurity with red discharge, like women; And he must not be secluded with men, like women; And he doesn’t make his brother’s wife liable for yibbum (levirate marriage); And he does not share [in the inheritance] with the sons, like women; And he cannot eat most holy sacrifices, like women. At his birth his mother counts the blood of her impurity like [they do when they give birth to a] girl; And he is disqualified from being a witness, like women. If he had illicit intercourse, he is disqualified from eating terumah, like women.

In what ways is he like both men and women?One who strikes him or curses him is liable, as in the case of men and women; One who unwittingly kills him must go into exile, and if on purpose, then [the slayer] receives the death penalty, as in the case of men and women. His mother must [at his birth] bring an offering, as in the case of men and women. He may eat holy things that are eaten outside of the Temple; And he may inherit any inheritance, as in the case of men and women.

And in what is he different from both men and women? One does not burn terumah if it came into contact with his discharge, Neither is he liable for entering the temple while impure, unlike men or women. He must not be sold as a Hebrew slave, unlike men or women. He cannot be evaluated, unlike men or women. If one says: “I will be a nazirite, if he is neither a man nor a woman,” then he becomes a nazirite. Rabbi Yose says: the hermaphrodite is a unique creature, and the sages could not decide about him. But this is not so with a tumtum (one of doubtful), for sometimes he is a man and sometimes he is a woman.