Questions :
1- At what age of a Fetus life is there Tumah Mes ? Our Mishna states from the time one day old ??? But I know that there is Tumah beforehand ( ie. a midwife sticking her hand in the womb, Tumah beluah , etc ). Is it from 40 days of a Viable fetus, the time the mother gets Tumah Yoledes ? or is at 3 months, when there is a Mitzvah of Kevurah ?
2- Aveylus for a one day child : if the child is a complete 9 month. How do you know the child is a complete 9 months, so Gemara, SA, all state, if the Husband testifies that he was not with his wife for the past 9 months. How about Modern technology, can we rely on it. Ie. a Sonagram states the age of a baby, and lets say if acc. to Sonagram the baby is 9 months, and not only that the mother delivers 2 weeks late ( so for sure the baby is a complete 9 months, if not more, this is more than a possible variable error from a Sonagram) is ther Aveylus for the parents ?
3- A Girl giving birth before the age of 11 ? the grandaughter of Antininus gave birth at 7 ? the Gemaruh gives two answers 1- goyim have different bodies than Jews. This is in fact the Pesak of Chasam Sofer. Hard to understand , maybe you could elaborate. Should we rely on Goyish Doctors and research ? Chocmas BaGoyim Taamin 2- She was lying. well, I checked , and in 1939 a 5 year old gild gave birth in South America, and is documented. so must be answer # 1 is the correct answer. and back to the original question.
Thank you for all your help,
Shmuel Katz (RBS A)
(1) The Mishnah is referring to the age where a person can become Tamei Meis through touching a Meis, being in an Ohel etc. The Halachah is that even the limbs of a Neifel who is not so developed can make others Tamei Meis (see Rambam Hilchos Tumas Meis 3:1 for details).
(2) Scientific testing in Halachah depends mostly on how accurate the testing has proven to be. It would seem that if in fact a sonogram would be 100% accurate in determining that the baby was nine months old, there would be grounds for Aveilus. However, I have not found Poskim discussing the subject. Any such question should be taken to a competent Posek.
(3a) It does not mean that Jews and Goyim have different bodies. The Chasam Sofer explains that it merely means that Hash-m made it that young Nochriyos are able to become pregnant earlier, while young Jewesses will not. As is well known, pregnancy in general is a tricky process. The fact that Hash-m arranged that in an uncommon case of young girl's potentially becoming pregnant only Nochriyos should actually become pregnant is not far-fetched, and is not an obvious scientific difference.
(3b) I do not have the ability to validate (nor negate) the claim about the birth in South Africa. However, even if it is true, we can say that "Nishtana ha'Teva," people's nature has changed, and that Hash-m now does enable young children to give birth although he previously did not. When the Gemara said she was lying, it meant that Rebbi recognized that she was lying, and therefore did not answer her back (or think Nishtana ha'Teva).
All the best,
Yaakov Montrose