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For LGBTQIA+ and faith

שו"תFor LGBTQIA+ and faith
שאל לפני שנה 1

Hello Rabbi Michi!
I am a religious trans woman (I don't come from a religious home, if that matters)
I contacted you because I know you're quite open about the subject.
Isn't this a contradiction with the commandment not to wear, or the prohibition of castration?
I guess an Orthodox life would not be easy to maintain.
And in general, what is the opinion of the halakha on the subject (I haven't found many sources on the subject, because it's quite new)?
Am I not considered a man yet, according to Jewish law?


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0 Answers
מיכי צוות ענה לפני שנה 1
Hello Rabbi. This is a very difficult question, as there are no clear halachic sources from which to draw a conclusion. The question is whether the laws that distinguish between men and women depend on sex or gender. In the past, the perception was that they necessarily go together, and even today, the jurists assume this. But in my opinion, it is really unclear, and there is room for argument that at least some of the laws depend on gender and not sex. If this is so, there is room for argument that you are not prohibited from wearing women's clothing. If this is not done for the sake of promiscuity but out of an authentic feeling, there is room for leniency, at least according to the opinion of some rabbis. Regarding the prohibition of castration, this seems more difficult to me. Ostensibly, it depends on sex and not gender, since this is your ability to procreate. This cannot be changed for the time being (and even if it were possible, it is highly doubtful whether this would not pose a problem with castration). There is a consideration of "tema dakra", if in any case you will not give birth to children as a man (is this really the case?) So ostensibly castration is not problematic, but according to halakha we do not require a taema dakra and therefore it is difficult to permit on this basis. As mentioned, I have no clear halachic way to answer this question, as I do not know of a clear source of authority that is decisive in it. What we are left with are our own opinions. My opinion tends to what I wrote above: women's clothing is permissible, but castration is very difficult for me to permit (although, as mentioned, I am not sure about this either).

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