016 - הִלְכוֹת אִסּוּרֵי בִּיאָה פֵּרֶק טז

Laws of Issurei Bi'ah, Chapter 16

1. A petzua daka (one whose testicles are crushed) or a kerus shafchah (one whose organ is severed) who married a Jewish woman and had relations with her receive lashes, as it says, "לֹא-יָבֹא פְצוּעַ-דַּכָּא וּכְרוּת שָׁפְכָה" ("one who is crushed or whose organ is cut off shall not enter," Devarim 23:2). They are permitted to marry a convert woman or a freed woman. Even a kohen who is a petzua daka is permitted to marry a convert woman or a freed woman, since he is no longer in his holiness; even a nesinah or one of the doubtful cases is permitted to him.

2. Since a petzua daka is forbidden to enter the kahal, they did not decree regarding him concerning the Nesinim or the doubtful cases. But a petzua daka or kerus shafchah is forbidden to a definite mamzeres, for her prohibition is from the Torah.

3. Who is a petzua daka? Anyone whose testicles have been wounded. And a kerus shafchah is anyone whose member has been cut off. A male can father children through three organs: the member, the testicles, and the ducts in which the seed matures, which are called the spermatic cords. As soon as one of these three organs is wounded, cut off or crushed, he is disqualified.

4. How so? If the member was wounded or crushed, or the corona was cut off, or it was cut above the corona, he is disqualified. If it was cut from the tip of the corona, and even a hair's breadth of it remains encircling the whole member, he is fit. If the member was cut above the corona in the shape of a quill or a gutter, he is fit.

5. If it was pierced below the corona, he is fit. If the corona itself was pierced—if, when he has an emission, the seed comes out through the opening, he is disqualified; if the opening closed, he returns to his fitness. If it was pierced below the corona at a point that is opposite, above, within the corona, he is disqualified, for the entire corona is indispensable.

6. If the duct of the seed became blocked, and he then emits seed through the duct through which he urinates, he is disqualified.

7. If the testicles were cut off, or one of them, or one of them was wounded, crushed, missing or pierced, he is disqualified. If the spermatic cords were cut, or one of them, or it was crushed or wounded, he is disqualified.

8. If one of the spermatic cords was pierced into the urinary duct, so that he emits fluid from two places, from the urinary duct and from the duct of the seed, he is fit.

9. Every disqualification we have stated in this matter applies when it did not come about by the hand of Heaven—for example, a person or a dog cut him, or a thorn struck him, and the like. But if he was born a kerus shafchah or a petzua daka, or was born without testicles, or became ill through his own body and these organs ceased to function, or a boil grew on them that dissolved or severed them, he is fit to enter the kahal, for all these are by the hand of Heaven.

10. It is forbidden to destroy the reproductive organs, whether of a person, or of an animal, beast or bird, whether kosher or non-kosher, whether in the Land or outside the Land. Even though it says, "וּבְאַרְצְכֶם, לֹא תַעֲשׂוּ" ("and in your land you shall not do so," Vayikra 22:24), they learned from the Oral Tradition that this applies in every place. The meaning of the verse is: this shall not be done among Israel, whether on their own bodies or on the bodies of others. Anyone who castrates receives lashes by Torah law in every place; and even one who castrates after another has castrated receives lashes.

11. How so? One came and cut off the member, and another came and cut off the testicles or detached them, and another came and cut the spermatic cords; or one came and crushed the member, another came and detached it, and another came and cut it off—all of them receive lashes, even though the last one castrated only one already castrated; whether a person, an animal, a beast or a bird. One who castrates a female, whether a human being or of other species, is exempt.

12. One who gives a person or another creature a potion of roots to drink in order to sterilize him—this is forbidden, but there are no lashes for it. A woman is permitted to drink a potion of roots that sterilizes her so that she will not give birth. If one bound a person and set a dog or other beasts upon him until he made him a kerus shafchah, or seated him in water or snow until his organs of relations ceased to function, he does not receive lashes until he castrates with his own hand; but it is fitting to give him makas mardus.

13. It is forbidden to tell a non-Jew to castrate our animal. But if the non-Jew took it on his own to castrate it, it is permitted. If a Jew acted craftily in this matter, they penalize him and he must sell it to another Jew. He may even sell it to his adult son; but to his minor son he may neither sell it nor give it.