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2 [1] From the day of a girl's birth until she becomes twelve years old, she is called a *k'tanah* (minor) and/or a *tinoket* (baby). Even if several [pubic] hairs grow [on her body] during this time, they are [not significant according to Jewish law and are] considered to be merely hairs growing from a mole. If, however, two hairs grow in the pubic area after she becomes twelve years old [her status changes, and] she is considered a *na'arah* (maiden). [2] Growing two pubic hairs at this age is referred to as the lower sign [of physical maturity]. Once a girl manifests this sign [of physical maturity], she is referred to as a maiden for six months. From the last day of these six months and onward, she is referred to as a *bogeret* (mature woman). The difference between the stages of maidenhood and maturity is only six months. [3] From the time a girl reaches the age of twelve years and one day until the age of twenty, if she does not grow two pubic hairs, she is still considered to be a child, even if she manifests the physical signs of barrenness.
If [during this period], she grows two pubic hairs, even if [this occurs] in her twentieth year, she is considered to be a maiden for six months. Only afterwards is she considered to be a mature woman. [4] Should a woman be less than thirty days below the age of twenty, not have grown two pubic hairs, and have manifested [all] the physical signs of barrenness, she is deemed an *aylonit* (a barren woman).
If she does not manifest all the sign of barrenness, she is still considered to be a child until she grows two pubic hairs or until she reaches the age of 35 years and one day. [5] Should a woman reach this age without growing two pubic hairs, she is deemed barren even though she does not manifest physical signs of barrenness. A barren woman does not [go through the six-month] period of maidenhood. Instead, directly after having been considered a child, she is considered to be a mature woman. [6] The following are the physical signs of barrenness: a) she lacks [protruding] breasts; b) she stiffens during sexual relations; c) her lower abdomen does not resemble a woman's, d) her voice is deep and cannot be differentiated from that of a man.
All three, a maiden, a mature woman and a barren woman, are referred to by the term *gedolah* [adult woman]. [Unlike children, they are held responsible for their conduct.] [7] [In addition to growing pubic hairs,] a woman has signs of physical maturity that are manifest in her upper body. They are referred to as "upper signs." Among them are:
a) when the woman stretches her hand backward, a crease forms in the place of her breast; b) the color of the tip of the breast becomes darker; c) when a person places his hand on the end of the breast and it remains depressed slightly before rising; d) creases form at the end of the breast, and a nipple takes shape; my teachers taught that the formation of creases is sufficient; e) the breasts protrude; f) they become erect; g) the mound of Venus forms above the woman's genitals, below her stomach; h) the flesh of this mound becomes soft and not hard. These are eight signs. [8] If one or even all of these signs of maturity appear in a woman before she becomes twelve years of age, no attention is paid to it. When she becomes twelve years old and one day, and she manifests the lower sign of physical maturity, no attention is paid to [the presence or lack of] these [upper] signs of physical maturity [and she is considered to be a maiden].
If she does not manifest the lower sign of physical maturity, but she does manifest one of these [upper] signs, there is doubt whether she should be considered a child or a maiden, and the more stringent perspective is followed [with regard to all halachic questions] concerning her. If she manifests all these [upper] signs, she is definitely considered to be an adult. For it is impossible for her to manifest all these signs [and yet not have had two pubic hairs grow]. We assume these hairs have grown, but they have dropped off. [9] When a woman gives birth after reaching the age of twelve years, she is deemed an adult, even though she did not manifest either upper or lower signs of maturity. [Giving birth to] children is a sign of maturity. [10] A male, from birth until the age of thirteen, is called a *katan* (minor) and/or a *tinok* (baby). Even if several [pubic] hairs grow [on his body] during this time, they are [not significant according to Jewish law] and are considered to be merely hairs growing from a mole. If, however, two hairs grow in the pubic area after he attains the age of thirteen years and one day, [his status changes, and] he is considered a *gadol* (adult male) and/or an *ish* (man). [11] Should a child reach this age without growing two pubic hairs, he is still considered a minor until he reaches the age of twenty years less thirty days, even though he manifests signs of impotency. Should he reach the age [of twenty years less thirty days] and not have grown either pubic hairs or hairs of the beard [the following rules apply]. If he manifests one of the physical signs of impotency, he is considered impotent (a *saris*), and he is considered to be an adult with regard to all matters.
If he does not manifest any of the signs of impotency, he is still considered to be a minor until he grows two pubic hairs or until he reaches the age of thirty five years and one day. [12] If he reaches this age, he is considered impotent, although he did not manifest any of the signs of impotency. If he reached the age of twenty years less thirty days without growing two pubic hairs, but did grow two hairs on his beard, he is not considered to be impotent, even if he manifests one sign of impotency, until he either manifests all the signs of impotency or reaches the age of thirty five years and one day. [13] These are the signs of impotency: a) One lacks a beard, b) his hair grows inadequately, c) his flesh is hairless, d) his urine does not produce vapor, e) his urine does not flow in an arc, f) his semen is off color, g) his urine does not ferment, h) when he washes in the winter, his flesh does not produce steam, and i) his voice is high pitched and cannot be differentiated from that of a woman. [14] An impotent person of this type is referred to as a *s'ris chamah* [one who became impotent because of fever]. When, however, the genitals of a male have been cut, severed or crushed, as the gentiles do, the person is called a *s'ris adam* [one who became impotent as a result of human activity]. When such a person reaches the age of thirteen and one day, he is considered to be an adult, for he will never manifest signs of maturity. [15] When a male reaches the age of thirteen and one day and does not grow any pubic hairs, but manifests the upper signs of physical maturity, doubt exists whether he is considered to be an adult or a minor. If, however, his pubic area was not inspected, but he manifests signs of physical maturity in his upper body, he is presumed to be an adult. [16] Whenever the term "two pubic hairs" is mentioned with regard to a male or a female, the intent is that the hairs are long enough to be bent in half, with their point touching their base. If they grow to the extent that they can be cut by scissors, but are not [long enough] that they can be bent in half with their point touching their base, [there is doubt regarding the decision], and the more stringent ruling is always followed.
Therefore, when a boy's or girl's pubic hairs have grown to the point that they can be cut by scissors, the individual is considered to be an adult with regard to those matters concerning which the ruling would be more stringent if he or she were so classified. And with regard to those matters concerning which the ruling would be more stringent if he [or she] were classified as a minor, the individual is so classified because the pubic hairs are not long enough to be bent in half with their point touching their base. [17] These two hairs must be located in the pubic area. The entire pubic area is appropriate for the signs to be located. There is no difference whether they are located in the upper area, the lower area or on the sexual organ itself.
The two hairs must be located in a single place, and there must be a follicle at their base. If both of them stem from the same follicle, it is acceptable. If two follicles are located next to each other without hairs growing from them, they are, nevertheless, considered a sign. We follow the presumption that a follicle will not exist without hair. [Surely,] there were hairs [that grew from the follicle], and they fell. [18] As we have explained, when a girl grows two pubic hairs before she is twelve, or a boy grows two pubic hairs before he is thirteen, they are considered to be merely hairs growing from a mole. Even if these hairs remain in their place after the boy reaches the age of thirteen, or the girl reaches the age of twelve, they are not considered signs of physical maturity. [19] When does the above apply? When the child was inspected [before attaining the age of majority], and the hairs were deemed to be hairs growing from a mole. If, however, no such inspection was made until they reached the age of majority, and afterwards an inspection was made and two hairs were discovered, they are considered acceptable signs of physical maturity. We do not say that perhaps the hairs grew before the child reached majority, and they are merely hairs growing from a mole. [20] Whenever a girl is inspected for [signs of physical maturity] - whether during her twelfth year, after she became twelve or when she is older - the inspection is carried out by trustworthy, ethical women. Even when an inspection has been conducted by one woman, her word is accepted with regard to whether or not [the girl has manifested signs of physical maturity]. [21] Whenever the term "years" is mentioned with regard to [the age of] a male or a female, endowment evaluations, or any other matter, the intent is not lunar years, nor solar years, but rather the years as reckoned by the Jewish court to [juxtapose the solar and lunar calendars], whether ordinary years or leap years, as established by the [Jewish] court, as explained in *Hilchot Kiddush HaChodesh*. This is the intent whenever the subject of years is mentioned with regard to religious matters. [22] We do not rely on the testimony of women regarding a child's age, nor on that of relatives. Instead, the matter is determined by the testimony of two men who are fit to testify in court. [23] When a father says, "My son is nine years and one day old," or "My daughter is three years and one day old," his word is accepted with regard to the obligation of bringing a sacrifice [if sexual relations were carried out without knowledge of the sin involved], but not with regard to administering stripes [for rebellion] or other punishments.
If the father says, "My son is thirteen years and one day old," or "My daughter is twelve years and one day old," his word is accepted with regard to vows, endowment evaluations, property forsworn [and transferred to the priests], or the consecration of property, but not with regard to administering lashes or other punishments. [24] A person who possesses both a male sexual organ and a female sexual organ is called an *androgynous*. There is doubt whether such a person should be classified as a male or as a female; there is no physical sign that can ever enable such a distinction to be made. [25] A person who possesses neither a male sexual organ nor a female sexual organ, but instead, his genital area is a solid mass, is called a *tumtum*. There is also doubt with regard [to this person's status]. If an operation is carried out and a male [organ is revealed], he is definitely considered to be a male. If a female [organ is revealed], she is definitely considered to be a female.
When a *tumtum* or an *androgynous* reaches the age of twelve years and one day, they are assumed to be adults. Whenever these terms are mentioned, the intent is individuals of this age. [26] Whenever the terms *cheresh* and *chereshet* are used, they refer to a male or female deaf mute, respectively. If, however, a person can speak but cannot hear, or can hear but cannot speak, he is considered to be an ordinary person. A male or a female who is intellectually competent, being neither a deaf mute nor emotionally disturbed, is referred to as a *pike'ach* or a *pikachat*, respectively. [27] We have thus defined twenty terms in these two chapters: *kiddushin, ervah, sh'niyah, issurei lavin, issurei aseh, k'tanah, na'arah, bogeret, aylonit, gedolah,* lower sign of maturity, upper sign of maturity, *katan, s'ris chamah, s'ris adam, gadol, androgynous, tumtum, chershim, pik'chim*. Keep these terms in mind at all times; do not forget their meaning, so that their intent will not have to be explained whenever they are mentioned.
Version: Mishneh Torah, trans. by Eliyahu Touger. Jerusalem, Moznaim Pub. c1986-c2007
Source: https://www.nli.org.il/he/books/NNL_ALEPH001020101/NLI
License: CC-BY-NC