Talmud do Sota 3:12

⁷The same text is in Soṭah3:4 (Notes 107–109, ס); Avot dR. Nathan A Chap. 18. As it was stated: It happened that Rebbi Joḥanan ben Beroqa and Rebbi Eleazar Ḥasma were walking from Jabneh to Lydda when they were visiting Rebbi Joshua in Beqi`in⁸An unidentified place. It cannot be the place of the same name in Galilee.. He asked them, what was new today in the House of Study? They said to him, we all are your students and drink from your waters. He said to them, even so, it is impossible that there not be a new idea every day in the House of Study. Who stayed there over the Sabbath? They said to him, Rebbi Eleazar ben Azariah. And what was his text? Assemble the people, men, women, and toddlers. He started by saying, since men come to learn and women to listen, why do the toddlers come? It must be to give a reward to those who bring them. He said to them, a generation is not orphaned which counts Rebbi Eleazar ben Azariah among them.

MISHNAH: A man can declare his son¹³⁸His underage son. Why a father should have such power is a matter of disagreement in the Babli, 28b/29a. a nazir but a woman cannot declare her son a nazir¹³⁹Since rabbinic law knows no materna potestas.. How is this? If he shaved him or relatives shaved him¹⁴⁰If either the son or some relatives provided the sacrifices required while the father already had dedicated either animals or the monies needed for them.; if he protested or relatives protested¹⁴¹If either the son or relatives protested the father’s action, the child’s nezirut is voided. If the father already had dedicated either animals or the monies needed for them, they have to be treated according to the rules detailed in Mishnah 4 in the case of the woman who had prepared her sacrifices when her vow was dissolved by her husband., if he had designated animals, the purification offering shall die; the elevation offering shall be brought as elevation offering; the well-being offering shall be brought as elevation offering; it may be eaten for one day and does not need bread. If he had money not designated, it should be given as donation. If the monies were designated, the money’s worth of the purification offering shall be thrown into the Dead Sea; one may not use it but there can be no larceny. For the value of the elevation offering, he shall bring an elevation offering; it is subject to the law of larceny. For the value of the well-being offering, he shall bring a well-being offering, to be eaten on one day; it does not need bread.
A man may shave on the basis of his father’s nezirut, but a woman may not shave on the basis of her father’s nezirut. How is this? If his father was a nazir and had set aside unspecified money for his nezirut when he died, and he said, I am a nazir on condition that I may shave on my father’s money, Rebbi Yose said, the money shall be given as donation, for he cannot shave on his father’s money. Who may shave based on his father’s nezirut? If both he and his father were nezirim and his father had set aside unspecified money for his nezirut when he died; this one shaves on his father’s nezirut.

A man can declare a nazir, and a man can shave¹⁴³A man can declare his son to be a nazir, and the son can shave on the offerings which his father brings for him.. Rebbi Joḥanan in the name of Rebbi Meïr: ¹⁴⁴Tosephta Idiut 2:2. In 24 matters are the House of Shammai lenient but the House of Hillel stringent, and this is one of them: The House of Shammai say, a man cannot declare his son to be a nazir but the House of Hillel say, a man can declare his son to be a nazir. It was stated about those who are nazir from the womb¹⁴⁵This sentence seems to be incomplete.. Some want to say, until he grows two pubic hairs¹⁴⁶I. e., the father can declare his son to be a nazir until the latter reaches adulthood.. Some want to say, until he reaches the time of vows¹⁴⁷Mishnah Niddah 5:6: “The vows of a girl 11 years and one day of age or a boy 12 years and one day of age are checked.” If they know what they are doing, their vows are valid.. Everybody agrees that he can no longer declare him a nazir once he reaches the time of vows¹⁴⁸Once a boy’s own vows are valid, his father can no longer make vows for him. In the Babli, 29b/30a, the matter remains undecided..

Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu in the name of Rebbi Joḥanan, only from the place of masculinity²⁴³Here starts the discussion of the last sentence in this Mishnah, the assertion of R. Eleazar ben Shamua (in the Babli, R. Eliezer) that for the definition of homosexuality an hermaphrodite is a full male. The position of R. Joḥanan here is an explicit statement of R. Eleazar (ben Shamua) in Tosephta 10:2.. Rebbi Simon in the name of Rebbi Joshua ben Levi: even from the female place²⁴⁴For him, heterosexual intercourse of a male with an hermaphrodite is still homosexuality. In the Babli, 83b, that is the opinion of Rav.. Rebbi Jacob bar Zavdi in the name of Rebbi Abbahu: Rebbi Joshua ben Levi retracted this, from the following verse²⁴⁵Lev. 18:22. As the Babli explains, on the face of it, the verse seems to support the first opinion of R. Joshua ben Levi, but a second look shows that the prohibition is to lie with a male, i. e., the male aspect of the hermaphrodite.: “And with a male you should not lie in the way of a woman’s beddings”, one who may lie in two ways, including the female. Who is that? That is the hermaphrodite. Rebbi said, I looked for but did not find words of Ben Shamua about the hermaphrodite, for the entire group ganged up on me²⁴⁶Babli 84a; there, “the students of R. Eleazar ben Shamua ganged up on him like chickens in a chicken coop.”. Why? Not to make it public or because he was not worth it? What difference does it make? He usually made public. If you say, it was not to make it public²⁴⁷The uncommon form לגלע instead of the common לגלות seems so be an Arabism, from جلع “to uncover indecently”. It seems that the teachings of R. Eleazar ben Shamua’s students were esoteric., the publicity is already in his hand. The reason must be that he was not worth it. What could he made public? He inherits²⁴⁸If there are 2 children, a hermaphrodite and a daughter, at the death of the father the daughter has a claim on the estate for a dowry but the only heir is the hermaphrodite.
The Babli, 83b, which attributes the Mishnah to R. Eliezer, proves from parallel statements that the hermaphrodite is considered a full male only in respect to homosexuality. In all other respects, it is considered a case of doubt whether he is male or female., he testifies²⁴⁹He can testify formally in cases where a male witness is required (such as the validity of certain legal acts.), his grain offering is burnt completely²⁵⁰The grain offering of a Cohen is burned completely (Lev. 6:16); the grain offering of the daughter of a Cohen is treated like the offering of an Israel and most of it is eaten by the Cohanim in the Temple precinct., one says grace with him as with a male.