1)

LAWS OF A ONE-DAY OLD

(a)

(Gemara) Question: What is the source of this?

(b)

Answer (Beraisa): "V'Ishah" includes even a one day old girl (she can become a Nidah).

(c)

(Mishnah): A 10-day old girl can become a Zavah.

(d)

Question: What is the source of this?

(e)

Answer (Beraisa) Suggestion: Perhaps "Ishah (who sees blood during three consecutive days of Zivah becomes a Zavah)" applies only to an adult!

1.

Rejection: "V'Ishah" includes even a 10-day old.

(f)

(Mishnah): A one-day old boy can become a Zav.

(g)

Question: What is the source of this?

(h)

Answer (Beraisa - R. Yehudah): "Ish Ish" includes even a one-day old boy;

1.

R. Yishmael, son of R. Yochanan ben Brokah says, we have a different source. "Veha'Zav Es Zovo la'Zachar ul'Nekevah" applies to a male or female of any age.

2.

Question: What does he learn from "Ish Ish"?

3.

Answer: The Torah speaks like people do. (They sometimes double a word. Therefore, we need not expound the repetition.)

(i)

(Mishnah): A one-day old can become a Metzora.

(j)

"Adam Ki Yiyeheh b'Or Besaro" refers to any person.

(k)

(Mishnah): He can become Tamei Mes.

(l)

"V'Al ha'Nefashos Asher Hayu Sham" refers to any souls.

2)

OTHER LAWS OF A ONE-DAY OLD

(a)

(Mishnah): He obligates his brother's widow to do Yibum.

(b)

We learn from "Ki Yeshvu Achim Yachdav." If the brothers lived at the same time (even for a moment), Yibum applies.

(c)

(Mishnah): He exempts from Yibum.

(d)

Yibum applies only when "u'Ven Ein Lo." This man had a son!

(e)

(Mishnah): He permits (his mother) to eat Terumah.

(f)

We read "vi'Yelid Beiso Hem Yochlu v'Lachmo" like Ya'achilu (they will cause to eat).

(g)

(Mishnah): He (a Zar) forbids his mother (a Bas Kohen) to eat Terumah.

(h)

A Bas Kohen widowed from a Yisrael returns to eat Terumah if "v'Zera Ein Lah." She has seed!

(i)

Objection: Not only born seed forbids. Even a fetus forbids!

1.

"(A Bas Kohen widowed from a Zar returns to eat Terumah in her father's house) ki'Ne'ureha" excludes a pregnant woman. The Torah needed to write both of these;

i.

Had it written only "v'Zera Ein Lah," one might have thought that a woman with a child does not return, for she "became" two people, unlike the way she left her father's house, but a pregnant woman returns;

ii.

Had it written only "ki'Ne'ureha," one might have thought that a pregnant woman does not return, for she was empty when she left, and now she is full, but if she gave birth (and is now empty), she returns.

(j)

Question: Why does the Mishnah say that a one day old forbids? Even a fetus forbids!

(k)

Answer (Rav Sheshes): The Mishnah discusses a Kohen with children from a permitted wife, and a child (a Chalal) from a forbidden wife (e.g. a divorcee). The Kohen died, and left slaves to his children;

1.

Since the Chalal inherits a share in the slaves, he forbids them to eat Terumah.

2.

Our Tana argues with R. Yosi, who says that even a fetus forbids. (Already, the slaves are partially his. Tosfos - R. Yosi is concerned for the (minority) chance that the fetus is a viable male. Chachamim rely on the majority (it is a Nefel or female, it does not own a share). Rashi - Chachamim hold that a fetus has no ownership until it is born.)

(l)

(Mishnah): He inherits and bequeaths.

(m)

Question: He inherits from his father, and bequeaths to his paternal brothers. What difference does it make? (Even if he did not inherit, his brothers inherit their father!)

(n)

Answer #1 (Rav Sheshes): He inherits from his mother, and bequeaths to his paternal brothers;

1.

This is only if he was born before his mother died, but not if he was born afterwards.

2.

Question: What is the reason?

3.

Answer: When a pregnant woman dies, her fetus dies first. The fetus does not inherit his mother after he dies in order to bequeath to his paternal brothers.

44b----------------------------------------44b

4.

Question: A case occurred, and the fetus quivered three times!

5.

Answer (Mar bar Rav Ashi): Even though it died first, it still moves, just like a tail cut off of a lizard.

(o)

Answer #2 (Mar brei d'Rav Yosef): He is counted like a son when calculating the extra share of the firstborn.

1.

Version #1 (Chachamim of Sura - Mar brei d'Rav Yosef): A son born after the father died does not count in the calculation of the extra share of the firstborn. (E.g. if two sons were born before the father died, the extra share is a third of the estate. All (i.e. even posthumous) sons equally divide the remaining two thirds of the estate.)

2.

Question: What is the reason?

3.

Answer: Regarding the extra share it says "v'Yoldu Lo." (They were born in his lifetime.)

4.

Version #2 (Chachamim of Pumbadisa - Mar brei d'Rav Yosef): A firstborn born after the father died (i.e. all the children were born posthumously) does not receive an extra share (the sons divide the estate equally).

5.

Question: What is the reason?

6.

Answer: Regarding the extra share it says "Yakir" (the father will declare who is his firstborn. This applies only if they were born in his lifetime).

7.

The Halachah follows both teachings of Mar brei d'Rav Yosef.

(p)

(Mishnah): If someone kills him, he is liable.

(q)

"V'Ish Ki Yakeh Kol Nefesh" refers to any soul.

3)

MOURNING OVER THE LOSS OF A BABY

(a)

(Mishnah): He is like a grown man with respect to his relatives.

(b)

Question: What does this teach?

(c)

Answer (Rav Papa): If he dies even on his first day, they mourn over him.

(d)

Suggestion: (The entire Mishnah considers a one-day old to be a proper child.) This is unlike R. Shimon ben Gamliel, who says that a baby that lives 30 days is not a Nefel;

1.

Inference: A baby that died wihin 30 days is a Safek Nefel!

(e)

Rejection: The case is, we know that it had a full term pregnancy. Even R. Shimon is not concerned for a Nefel in this case.

4)

LAWS OF A THREE-YEAR OLD GIRL

(a)

(Mishnah): A girl three years and one day old becomes Mekudeshes through Bi'ah (if her father wants);

(b)

If a three-year old is widowed and does Yibum, it takes effect;

(c)

If another man has Bi'ah with a married three-year old, he is killed.

(d)

If she is a Nidah, one who has Bi'ah with her becomes Bo'el Nidah, he is Metamei a Mishkav to be (a Rishon l'Tum'ah,) like a Kli above (supported by) a Zav (even if he does not touch it);

(e)

If she does Nesu'in with a Kohen, she may eat Terumah;

(f)

If a Pasul (someone forbidden to a Bas Yisrael) has Bi'ah with her, he disqualifies her from Kehunah (marrying a Kohen and eating Terumah);

(g)

If an Ervah (relative) punishable by Misah has Bi'ah with her, he is killed, and she is exempt;

(h)

If she is less than three, this is like sticking a finger in the eye. (This will be explained.)

(i)

(Gemara - Beraisa #1 - R. Meir): A three-year old becomes Mekudeshes through Bi'ah;

(j)

Chachamim say, she must be three years and one day.

(k)

Question: What do they argue about?

(l)

Answer #1 (R. Yanai): R. Meir holds that she becomes Bas Bi'ah (old enough for Bi'ah) on the last day of her third year. Chachamim hold that this occurs on the morrow.

(m)

Answer #2 (R. Yochanan): They argue about whether 30 days in the last year is considered like a full year.

(n)

Question (Beraisa #2 - R. Meir): A three-year old (is Bas Bi'ah), even if she is two years and one day;

1.

Chachamim say, she must be three years and a day.

2.

This is not difficult for R. Yochanan. Just like this Tana holds that R. Meir considers one day like a year, the Tana of Beraisa #1 says that he considers 30 days like a year.

3.

However, this is difficult for R. Yanai!

(o)

This is left difficult.

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