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Babylonian Talmud: Tractate Niddah
GEMARA. Whence is this ruling3 deduced? — [From the following]. For our Rabbis taught: From the term woman4 I would only know that the laws5 are applicable to a grown-up woman, whence, however, the inference that a girl one day old is also subject to the uncleanness of menstruation? Since it was explicitly stated, And a woman.6
ONE WHO IS TEN DAYS OLD IS SUBJECT TO THE UNCLEANNESS OF ZIBAH. Whence is this ruling deduced? [From the following]. For our Rabbis taught: From the term woman7 I would only know that the laws are applicable to a grown-up woman, whence, however, the inference that a girl who is ten days old is also subject to the uncleanness of zibah? Since it was explicitly stated, And a woman.8
A BOY ONE DAY OLD etc. Whence is this ruling deduced? — [From the following Scriptural text]. For the Rabbis taught: When any man,9 what was the object of stating, 'When any man'?10 To include a boy one day old in the restrictions of the uncleanness of zibah; so R. Judah. R. Ishmael son of R. Johanan b. Beroka said, This deduction is not necessary, for surely it is stated in Scripture, And of them that have an issue, whether it be a man or a woman;11 'whether it be a man' means one of any age, whether adult or minor, 'or a woman means one of any age, whether an adult or minor. But if so12 what need was there to state, 'When any man'?13 The Torah employed ordinary phraseology.14
[IS SUBJECT TO …] THE UNCLEANNESS OF LEPROSY, since it is written, When a man shall have in the skin of his flesh,15 implying a man of any age.
[IS SUBJECT TO …] THAT OF CORPSE-UNCLEANNESS, because it is written, And upon the persons that were there,16 implying a person of any age.
HE EXEMPTS [HIS MOTHER] FROM THE LEVIRATE MARRIAGE, for the All Merciful has said, And have no child,17 but this man has one.
AND HE ALSO CAUSES HER TO BE DISQUALIFIED FROM EATING TERUMAH. For the All Merciful has said, And have no child,22 but she has one. But what was the point of speaking of a 'child' seeing that the same applies even to an embryo, for it is written,23 As in her youth,22 which excludes24 one who is pregnant?25 Both texts were required. For if the All Merciful had only written, 'And have no child' [it might have been presumed that the law26 applied to that case] because originally there was but one body and now there are two bodies,27 but that in this case,28 where there was originally one body and now also there is only one body, it may be held that the woman may eat terumah, hence the All Merciful has written, 'As in her youth'.29 And if the All Merciful has only written, 'As in her youth' [it might have been presumed that the law30 applied to that case alone] since originally the woman's body was empty and now it is a full one, but that in this case,31 where her body was originally empty and is now also empty, the woman may well eat terumah. Hence the necessity for both texts. Now, the Scriptural texts have been well explained, but as regards our Mishnah, why just A BOY ONE DAY OLD, seeing32 that even an embryo also disqualifies its mother? — R. Shesheth replied: We are here dealing with the case of a priest who had two wives, one who had previously been a divorced woman33 and the other was not a divorced woman,34 and he had sons from the latter35 and one son from the former,36 so that the latter37 causes the slaves of his father38 to be disqualified from eating terumah;39 thus indicating that the law is contrary to the view40 of R. Jose. He having laid down that an embryo41 also causes disqualification we were informed here that only A BOY ONE DAY OLD causes disqualification but not an embryo.42
HE INHERITS AND TRANSMITS. From whom does he INHERIT? Obviously from his father; and to whom does he TRANSMIT? Obviously to his paternal brothers;43 but could not these if they wished inherit from their father and, if they preferred, inherit from him?44 — R. Shesheth replied: The meaning is, He45 inherits the estate of his mother to transmit it46 to his paternal brothers;47 hence only then when he is ONE DAY OLD but not when he is an embryo. What is the reason? — Because it48 dies first,49 and no son may inherit from his mother
Niddah 44bin the grave1 to transmit the inheritance to his paternal brothers. But, surely, this2 is not? so, for was there not a case where an embryo made three convulsive movements?3 — Mar son of R. Ashi replied: [Those were only reflexive movements] like those of the tail of the lizard which moves convulsively [even after it has been cut off].4
Mar son of R. Joseph citing Raba further ruled: A son born after the death of his father causes no diminution in the portion of the birthright.7 What is the reason?8 It is required that They shall have born to him.9 Thus10 it was taught at Sura; but at Pumbeditha it was taught as follows: Mar son of R. Joseph citing Raba ruled, A firstborn son that was born after the death of his father11 does not receive a double portion. What is the reason? It is necessary that He shall acknowledge,12 and ['he',] surely, is not [there to acknowledge]. And the law is in agreement with all those versions which Mar son of R. Joseph cited in the name of Raba.
AND HE COUNTS TO HIS FATHER, TO HIS MOTHER AND TO ALL HIS RELATIVES AS A FULLY GROWN MAN, In respect of what law? — R. Papa replied: In respect of that of mourning.
In agreement with whose view [is our Mishnah]?15 It cannot be, can it, in agreement with16 R. Simeon b. Gamaliel who ruled: Any human17 child18 that survived for thirty days cannot be, regarded as a miscarriage,19 from which it follows that if he had not lived so long he would have been a doubtful case?20 — Here21 we are dealing with the case of a child concerning whom it is established that the months of his pregnancy were duly fulfilled.22
MISHNAH. A GIRL OF THE AGE OF THREE YEARS AND ONE DAY MAY BE BETROTHED23 BY INTERCOURSE; IF THE YABAM24 HAD INTERCOURSE WITH HER, HE ACQUIRES HER THEREBY;25 THE GUILT26 OF ADULTERY27 MAY BE INCURRED THROUGH HER,28 AND SHE29 CAUSES UNCLEANNESS TO THE MAN WHO HAD INTERCOURSE WITH HER SO THAT HE IN TURN CONVEYS UNCLEANNESS TO THAT UPON WHICH HE LIES,30 AS TO A GARMENT WHICH HAS LAIN UPON [A ZAB].31 IF SHE WAS MARRIED TO A PRIEST, SHE MAY EAT TERUMAH. IF ANY OF THE INELIGIBLE PERSONS32 COHABITED WITH HER HE DISQUALIFIES HER FROM THE PRIESTHOOD.33 IF ANY OF THE FORBIDDEN DEGREES ENUMERATED IN THE TORAH COHABITED WITH HER HE IS TO BE EXECUTED ON HER ACCOUNT, BUT SHE34 IS EXEMPT [FROM THE PENALTY]. IF ONE WAS YOUNGER THAN THIS AGE INTERCOURSE WITH HER IS LIKE PUTTING A FINGER IN THE EYE.
GEMARA. Our Rabbis taught: A girl of the age of three years may be betrothed by intercourse; so R. Meir. But the Sages say: Only one who is three years and one day old. What is the practical difference between them? — The school of R Jannai replied: The practical difference between them is the day preceding the first day of the fourth year.35 R. Johanan, however, replied: The practical difference between them is the rule that thirty days of a year are counted as the full year.36
An objection was raised: A girl of the age of three years and even one of the age of two years and one day may be betrothed by intercourse; so R. Meir. But the Sages say: Only one who is three years and one day old.
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