Transitioning: The Halakhic Ramifications
Olivia Wiznitzer
Issue date: 10/3/08 Section: Features
Another renowned posek [halakhic decisor] and specialist in Jewish Medical Ethics, Rabbi Prof. Avraham Steinberg, former director of The Schlesinger Institute of Shaare Zedek Medical Center, currently works as a physician at Shaare Zedek's Pediatric Neurology, and is the Director of The Center for Medical Ethics, Hebrew University-Haddasa Medical School, Jerusalem. In Steinberg's "Encyclopedia of Jewish Medical Ethics" vol. III, pages 1036-1037, he addresses the question of transsexual surgery as well. Steinberg notes that the biblical prohibitions of castration, crushing or wounding the genitalia, and "wearing women's clothes" which "includes conducting oneself like a person of the opposite sex," are violated in converting a man to a woman.
Are there any times during which such a surgery might be permitted? Several Orthodox Jewish transsexuals whom The Observer interviewed noted that they had been told by their physicians that by the time they underwent SRS, they were already sterile. When asked whether that affected the aforementioned prohibitions, Rabbi Bleich explained that, "Castration of a male who is physiologically sterile is equally forbidden." When asked how a situation of pikuach nefesh would affect the decision of a transsexual to transition, Rabbi Bleich stated, "You're telling me facts I do not believe are medically substantiated," claiming that he would need to see proof to that effect. When then asked how a situation of pikuach nefesh in which a transsexual threatened to kill himself would affect his ability to have the Sex Reassignment Surgery, Rabbi Bleich answered that he was skeptical of that claim.
"I have never found a psychiatrist who was willing to tell me that these people develop genuine suicide complexes. Clearly, when you have a person who is suicidal, there are all kinds of things that can be done." When offered some anecdotal evidence of transsexuals who had attempted to kill themselves and had been hospitalized because of it, Bleich remained unimpressed. "In other cases, psychiatrists will tell you that attempted suicide is not a real danger. Attempted suicide is an attempt to attempt suicide." However, he agrees that one does not "ignore the attempts at suicide- it's a call for attention, even if it's not real, and deserves treatment."
Are there any times during which such a surgery might be permitted? Several Orthodox Jewish transsexuals whom The Observer interviewed noted that they had been told by their physicians that by the time they underwent SRS, they were already sterile. When asked whether that affected the aforementioned prohibitions, Rabbi Bleich explained that, "Castration of a male who is physiologically sterile is equally forbidden." When asked how a situation of pikuach nefesh would affect the decision of a transsexual to transition, Rabbi Bleich stated, "You're telling me facts I do not believe are medically substantiated," claiming that he would need to see proof to that effect. When then asked how a situation of pikuach nefesh in which a transsexual threatened to kill himself would affect his ability to have the Sex Reassignment Surgery, Rabbi Bleich answered that he was skeptical of that claim.
"I have never found a psychiatrist who was willing to tell me that these people develop genuine suicide complexes. Clearly, when you have a person who is suicidal, there are all kinds of things that can be done." When offered some anecdotal evidence of transsexuals who had attempted to kill themselves and had been hospitalized because of it, Bleich remained unimpressed. "In other cases, psychiatrists will tell you that attempted suicide is not a real danger. Attempted suicide is an attempt to attempt suicide." However, he agrees that one does not "ignore the attempts at suicide- it's a call for attention, even if it's not real, and deserves treatment."
Viewing Comments 1 - 2 of 2
GB
posted 10/04/08 @ 9:09 PM EST
Chana,
I am impressed by the content of this specific article. It's well researched and explains halakha regarding the subject clearly. I learned a lot. (Continued…)
DS
posted 10/06/08 @ 9:35 AM EST
Chana,I found it interesting and pretty powerful that
Yeshiva University's own Rabbi Dr. J. David Bleich, RIETS Rosh Yeshiva and Rosh Kollel and Professor of Law at Cardozo, participated in this interview and clarified the issues at stake so clearly. (Continued…)
Post a Comment