Introduction: Revisiting Ancient Wisdom in Modern Times
When we think of gender today, conversations often revolve around rights, recognition, and representation.
But what if ancient religious texts also recognised more than just “male” and “female”?
Long before the modern world introduced terms like non-binary and intersex, the Talmud a central text of Jewish tradition had already identified eight categories of gender.
As debates about sex, gender identity, and legal protections continue, especially following the recent UK Supreme Court ruling clarifying “sex” as biological sex under the Equality Act, it’s helpful to explore what ancient traditions once understood about gender.
What Is the Talmud?
The Talmud is a rich collection of Jewish laws, stories, and debates written over 1,500 years ago. It forms the foundation of Jewish religious thought and practice, influencing everything from prayers to ethical decisions. It includes detailed discussions about individuals who didn’t fit into a strict “male” or “female” box and even provided them with legal and social roles.
The Eight Genders in the Talmud
Here’s a simplified breakdown of the eight gender categories the Talmud describes:
- Zachar – A person identified as male.
- Nekeva – A person identified as female.
- Androgynos – A person with both male and female physical traits (what we might now call intersex).
- Tumtum – A person whose sex characteristics are hidden or ambiguous.
- Aylonit Hamah – A person born female who naturally develops male traits later in life.
- Aylonit Adam – A person born female who develops male traits due to human intervention (e.g., in today’s language, medical transition).
- Saris Hamah – A person born male who naturally develops female traits.
- Saris Adam – A person born male who develops female traits due to human intervention.
What Does This Mean for Today?
In light of modern discussions about gender identity, the Talmud offers three major insights:
Ancient Recognition of Gender Diversity: The idea that someone can be “neither male nor female” isn’t new. The Talmud was wrestling with this centuries ago.
Legal Consideration: These gender categories had real consequences—in inheritance, marriage, prayer obligations, and communal status. The rabbis didn’t always agree, but they took these identities seriously.
A Lens for Compassion: Many Talmudic rulings were based on the principle of dignity and justice, not rigid enforcement. That’s a value that still holds weight in today’s human rights conversations.
UK Context: What’s Changed with the Law?
The UK Supreme Court ruling in April 2025 now defines “sex” as biological sex for the purposes of the Equality Act 2010. This ruling may restrict how trans people are protected under certain parts of the law especially in single-sex spaces.
But religious texts like the Talmud remind us that gender has always been complex and that inclusivity doesn’t have to conflict with tradition. There’s space for faith and fairness to coexist.
Key Messages
- Ancient Jewish texts acknowledged more than just male and female identities.
- Talmudic law considered the rights, rituals, and obligations of gender-diverse people.
- These ancient insights can help shape respectful, inclusive, and faith-informed conversations on gender today.
- 🇬🇧 The new UK legal definition of “sex” as biological raises challenges—but doesn’t erase the history or reality of gender diversity.
Conclusion: Lessons from the Past for a More Inclusive Future
While today’s world debate’s identity through courts, politics, and social media, the Talmud shows us that gender diversity is not a modern invention. Instead, it’s a long-standing part of human experience, reflected even in our oldest legal and religious systems. Whether you’re a policymaker, teacher, faith leader, or simply someone trying to understand these debates, remembering that inclusivity has ancient roots can inspire us to move forward with empathy, curiosity, and care.