002 - הִלְכוֹת אִישׁוּת פֵּרֶק ב

Laws of Marriage, Chapter 2

1. A girl, from the day of her birth until she is twelve full years old, is called a ketanah (minor), and is also called a tinokes (child). Even if she grows several hairs during this time, they are considered only as a mole. However, if she grows two hairs below, on the body, in the known places where hair grows, and she is twelve years and one day or older, she is called a na’arah (young woman).

2. The growth of two hairs at this time is called the lower sign. Once she brings the lower sign, she is called a na’arah for six full months. From the beginning of the day that completes the six months and onward, she is called a bogeres (mature woman). The only difference between na’arus and bagrus is these six months.

3. If she reaches twelve years and one day, and has not grown two hairs—even if she shows signs of being an aylonis—she is still a ketanah until twenty years. If she grows two hairs, even in her twentieth year, she will be a na’arah for six months, and after that she will be called a bogeres.

4. If she is twenty years old minus thirty days, and has not grown two hairs, but shows signs of being an aylonis, she is considered an aylonis. If none of the signs of an aylonis are seen in her, she is still a ketanah until she grows two hairs and becomes a na’arah, or until she is thirty-five years and one day old.

5. If she reaches this age and has not grown two hairs, she is called an aylonis, even if none of the signs of an aylonis are seen in her. Thus, you learn that an aylonis does not have days of na’arus; rather, she goes from being a ketanah directly to being a bogeres.

6. These are the signs of an aylonis: she has no breasts; she experiences pain during intercourse; she does not have the lower abdomen like other women; her voice is deep and she cannot be distinguished between a man and a woman. A na’arah, a bogeres, and an aylonis—each of these three is called a gedolah (adult woman).

7. There are also upper signs in a girl, which are called the upper sign. These are: when she puts her hand behind her back, a crease forms at the place of the breast; when the tip of the breast darkens; when a person places his hand on the tip of the breast and it sinks and is slow to return; when the tip of the nipple splits and forms a small ball at its tip—my teachers explained that this means the nipple itself splits; also, when the breasts tilt; when the breasts become loose; when the areola, which is the raised flesh above the private area opposite the belly, becomes firm; and when this flesh becomes soft and is no longer hard.

8. All these signs are eight. If any one or all of these signs appear in a girl who is twelve years old or younger, they are disregarded, and she remains a ketanah. If she becomes twelve years and one day, and the lower sign is seen in her, none of these upper signs are considered. If the lower sign is not seen, but one of these upper signs is seen, she is in doubt between being a ketanah and a na’arah, and the ruling is to be stringent. If all of them are seen, she is definitely a gedolah, for it is impossible for all of them to appear unless the lower sign has already appeared and fallen out.

9. A girl who gives birth after twelve years—even if she has not shown any sign, neither upper nor lower—is considered a gedolah; children are considered as signs.

10. A boy, from birth until he is thirteen years old, is called a katan (minor), and is also called a tinok (child). Even if he grows several hairs during this time, it is not a sign but is considered a mole. If he grows two hairs below, in the known places for hair, and he is thirteen years and one day or older, he is called a gadol (adult), and is called a man.

11. If the time arrives and he has not produced two hairs—even if signs of a saris are seen in him—he is still considered a minor until he is twenty years old, minus thirty days. If this time arrives and he has not produced two hairs below, nor two hairs in the beard, if one of the signs of a saris is seen in him, he is considered a saris, and his status is that of an adult in every respect. But if none of the signs of a saris are seen in him, he remains a minor until he produces two hairs below in the appropriate place, or until he is thirty-five years and one day old.

12. If this time arrives and he has not produced them, he is considered a saris, even if none of the signs of a saris are seen in him. If he reaches the age of twenty years minus thirty days, and has not produced two hairs below, but has produced two hairs in the beard—even if one of the signs of a saris appears in him—he is not considered a saris, but rather remains in his minority until all the signs of a saris appear in him, or until he is thirty-five years and one day old.

13. These are the signs of a saris: anyone who has no beard, whose hair is defective, whose flesh is smooth, whose urine does not produce foam, who does not form an arch when urinating, whose semen is watery, whose urine does not ferment, who bathes in the rainy season and his flesh does not emit steam, whose voice is defective and cannot be distinguished between a man and a woman.

14. This saris is called a saris chamah everywhere. But a male whose organ or testicles were cut, severed, or crushed, as the non-Jews do, is called a saris adam. When he is thirteen years and one day old, he is considered an adult, for he will never produce a sign.

15. A boy who is thirteen years and one day old who has not produced a sign below, but all the above signs are seen in him, is in doubt whether he is a minor or an adult. If he was not examined below, once signs of maturity are seen above, he is presumed to be an adult.

16. The two hairs mentioned regarding a boy and a girl, and everywhere, must be long enough to bend their tips to their roots. From the time they grow and can be plucked with tweezers, until they reach the length to bend their tips to their roots, we rule stringently in all cases: therefore, for a boy and a girl, we consider them adults to be stringent, since the hairs have grown enough to be plucked with tweezers; and we consider them minors to be stringent, since they have not yet reached the length to bend their tips to their roots.

17. These two hairs must be in the place of nakedness, and the entire area of nakedness is considered a place for signs, whether above or below, even on the reproductive organs themselves. They must be in one place, and their roots must be in follicles; even if both are in one follicle, they are considered a sign. If two follicles are found next to each other without hair, this is also considered a sign, for it is presumed that there is no follicle without hair, and the hairs were there and fell out.

18. If a girl produced two hairs during her twelfth year, or a boy during his thirteenth year, and they are moles as explained, even if the hairs remain in place after thirteen years for a male or after twelve years for a female, they are not considered a sign.

19. In what case does this apply? When they were examined during the time and it was determined that they are moles. But if they were only examined after the time, and two hairs are found there, they are presumed to be signs, and we do not say that perhaps they grew before the proper time so as to be moles.

20. When examining a girl, whether during the time—which is the entire twelfth year—whether before this time or after it, the examination is done by valid and trustworthy women; even if only one woman examines, we accept her testimony whether she produced them or not.

21. All the years mentioned regarding a son or a daughter, and in valuations, and in every place, are not lunar years, nor solar years, but rather years according to the order of the leap years, which include both regular and leap years, as determined by the Beis Din, as we explained in the laws of Sanctification of the Month. In these years, we count for all matters of the religion.

22. We do not rely on women for counting the years, nor on relatives, but only on the testimony of two witnesses who are fit to testify.

23. If a father says, "This son of mine is nine years and one day old," or "This daughter of mine is three years and one day old," he is believed regarding offerings, but not for lashes or punishments. If he says, "This son of mine is thirteen years and one day old," or "This daughter of mine is twelve years and one day old," he is believed regarding vows, valuations, dedications, and consecrations, but not for lashes or punishments.

24. One who has both male and female organs is called an androgynos; and it is uncertain whether this person is male or female, and there is no sign by which it can be determined if the person is definitely male or definitely female, ever.

25. And one who has neither male nor female organs, but is closed, is called a tumtum; and this too is uncertain. If the tumtum is torn and found to be male, he is considered definitely male; if found to be female, she is female. A tumtum or androgynos who is twelve years and one day old is presumed to be an adult; and these are the ones referred to in every place.

26. A cheresh and chereshet mentioned everywhere are those who are mute, who neither hear nor speak. But one who speaks and does not hear, or hears and does not speak, is like any other person. A man or woman who is of sound mind, and is neither deaf-mute nor insane, is called a pikeach or pikeches.

27. It turns out that all the terms whose meanings we have explained in these two chapters are twenty terms, and they are: kiddushin, ervah, shniyah, prohibitions of negative commandments, prohibitions of positive commandments, ketanah, na’arah, bogeres, aylonis, gedolah, lower sign, upper sign, katan, saris chamah, saris adam, gadol, androgynos, tumtum, chereshim, pikechim.

28. Keep all these terms constantly before you, and let none of their details depart from your eyes, so that we will not need to explain the meaning of each term in every place where we mention it.