#Ngl you can probably use similar arguments to say that a tumtum isn't a distinct sex
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snissel613 · 29 days ago
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I've previously mentioned (and debated) the number of sexes in halakha. It's common to see 6 (zakhar, nekeivah, androginos, tumtum, saris, aylonis), but I don't count saris and aylonis and get 4.
I think the difference is in how different fields define distinctions. The definition of a sex is different between the English language and like queer discourse, and the Talmud, so distinctions between sexes work differently too. English might care about genitalia, chromosomes, secondary sex characteristics, hormones, whatever, in determining different sexes, but as I understand it Halakha cares pretty much only about genitalia.
So while whatever a saris/aylonis is medically might make them a different sex in English, those differences don't make them a different sex Halakhically. And while they're still distinct legal classes, they're not distinct sexes like the other 4. A saris is a subset (subsex?) of zakhar, not an exclusive sex.
(Now admittedly the only real nafka mina would probably if you use sex as a tenai but that is a valid nafka mina by androginos so it's fine)
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