Intersex Inheritance Law in the Light of Rabbinic Literature

Abstract

Intersex individuals, defined by ambiguous sexual characteristics that challenge traditional binary gender categories, often face significant societal exclusion and denial of basic rights. This article explores the religious teachings of Judaism regarding inheritance rights for intersex individuals, referred to as tumtum (with indeterminate sexual traits) and androgynous (having both male and female characteristics), in rabbinic literature. Drawing from foundational texts such as the Mishnah, Talmud, and Halakhic rulings, the article examines how Jewish law accommodates intersex individuals within the framework of biblical inheritance laws. The study focuses on how rabbinic authorities have defined intersex individuals' rights about sons and daughters, outlining circumstances where they may inherit like sons and daughters or be excluded entirely. The article underscores these laws' ethical considerations and societal implications by analyzing the nuanced approaches of Jewish teachings. This study sheds light on the interplay between tradition, gender identity, and justice, offering insights into Jewish religious perspectives' inclusive yet complex nature on inheritance.