Traité Niddah

Traduction française en préparation — version anglaise (Steinsaltz) : in order to differentiate between the valuation of a man and the valuation of a woman. Therefore, it could not have been derived from that verse that a tumtum and a hermaphrodite are excluded from the halakha of valuations, were it not for the superfluous words “the” and “if.”

Traduction française en préparation — version anglaise (Steinsaltz) : § The mishna teaches that if the fetus emerged in pieces, or if it emerged reversed, i.e., feetfirst rather than headfirst; when most of its limbs emerge, its status is like that of a child born, with regard to the impurity of a woman after childbirth. Rabbi Elazar says: Even if the head is among the limbs that emerged, provided that the majority of the limbs did not yet emerge, the fetus is not considered born.

Traduction française en préparation — version anglaise (Steinsaltz) : And Rabbi Yoḥanan says: They taught in the mishna that the woman is not impure unless most of the fetus’s limbs emerged only in a case where the head is not among the limbs that emerged; but if the head is among them, the head exempts the woman’s future offspring from the obligation of primogeniture, as the fetus is considered born.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: Shall we say that these Sages disagree with regard to the opinion of Shmuel? As Shmuel said that if a woman is pregnant with twins, and the head of one of the fetuses emerges and then disappears back into the womb, this does not exempt the other fetus from the obligation of primogeniture should it be born first. Shmuel says this specifically in a case of non-viable newborns, i.e., where the fetus whose head emerged was a non-viable newborn and the one that was eventually born first is a viable offspring. But if both are viable offspring, the emergence of the head is considered birth. The suggestion is that Rabbi Elazar agrees with the opinion of Shmuel, whereas Rabbi Yoḥanan disagrees with the opinion of Shmuel and maintains that the emergence of the head is considered birth even in the case of a non-viable newborn.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara rejects this suggestion, as it is possible that in the case of a whole non-viable newborn, everyone, i.e., Rabbi Elazar and Rabbi Yoḥanan, agrees that the emergence of the head is considered a birth, contrary to the opinion of Shmuel. When they disagree, it is in the case of a fetus that emerged in pieces. As one Sage, Rabbi Elazar, holds that it is specifically in the case of a whole non-viable newborn that the emergence of the head is considered birth, whereas with regard to a fetus that emerged in pieces it is not considered birth; and one Sage, Rabbi Yoḥanan, holds that in the case of a fetus that emerged in pieces as well, the emergence of the head is considered birth.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara cites another version of this discussion. The reason it is necessary for most of the limbs of the fetus to emerge for it to be considered born is that it emerged in pieces, or that it emerged reversed, i.e., feet first. It may be inferred from here that if it emerged in its proper manner, headfirst and whole, it is considered born, even according to Rabbi Elazar. Therefore, if the woman is pregnant with twins, the emergence of the head exempts the other twin from the obligations of primogeniture. Evidently, both Rabbi Yoḥanan and Rabbi Elazar do not hold in accordance with the opinion of Shmuel, as Shmuel said that the emergence of the head of one of the twins does not exempt the other in a case of non-viable newborns.

Traduction française en préparation — version anglaise (Steinsaltz) : There are those who teach this halakha by itself, i.e., not in reference to the mishna: Rabbi Elazar says: The emergence of the head of a non-viable newborn is not considered like the emergence of most of the limbs; and Rabbi Yoḥanan says: The emergence of the head of a non-viable newborn is considered like the emergence of most of the limbs. And they disagree with regard to the opinion of Shmuel; Rabbi Elazar holds in accordance with Shmuel’s opinion, whereas Rabbi Yoḥanan does not accept the opinion of Shmuel.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara raises a difficulty: We learned in the mishna that if the fetus emerged in pieces or if it emerged reversed, when most of its limbs emerge, its status is like that of a child born. The Gemara infers: From the fact that the mishna states: Or reversed, by inference in the case of a fetus that emerged in pieces it emerged in its proper manner, i.e., the head first and then the body, and nevertheless the mishna states that it is only when most of its limbs emerge that its status is like that of a child born. This is difficult for the opinion of Rabbi Yoḥanan, as he maintains that once the head emerges, the fetus is considered born.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara explains that Rabbi Yoḥanan could have said to you: Say that the mishna is referring to a case where the fetus emerged in pieces and reversed, whereas if it emerged with its head first, it is considered born even if most of its limbs did not emerge yet.

Traduction française en préparation — version anglaise (Steinsaltz) : The Gemara asks: But doesn’t the mishna teach that the fetus emerged in pieces or reversed? If so, it cannot be explained as referring to a case where the fetus emerged both in pieces and reversed. The Gemara answers that this is what the mishna is saying: If the fetus emerged in pieces or whole, and in both this case and that case it emerged reversed, then when most of its limbs emerge, its status is like that of a child born.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Pappa says: This dispute between Rabbi Elazar and Rabbi Yoḥanan is parallel to a dispute between tanna’im, as it is stated in a baraita: If the fetus emerged in pieces or reversed, when most of its limbs emerge its status is like that of a child born. Rabbi Yosei says: Its status is like that of a child born when it emerges in its proper manner. The Gemara asks: What is Rabbi Yosei saying? His statement apparently indicates that if a fetus emerges with its feet first, then even after most of its limbs emerge it is not considered born.

Traduction française en préparation — version anglaise (Steinsaltz) : Rav Pappa says that this is what the baraita is saying: If the fetus emerged in pieces or reversed, when most of its limbs emerge its status is like that of a child born; but by inference, if the fetus emerged in its proper manner, then the emergence of the head exempts its twin, should it eventually be born first, from the obligations of primogeniture. And Rabbi Yosei says: The status of a fetus that emerged in pieces is like that of a child born when most of its limbs emerge, provided that it emerged in its proper manner, i.e., both requirements are necessary. The suggestion is that the opinion of Rabbi Yoḥanan is in accordance with the ruling of the first tanna, that even if a fetus emerges in pieces, once its head emerges it is considered born; whereas the opinion of Rabbi Elazar follows the ruling of Rabbi Yosei that even if such a fetus emerges headfirst, it is not considered born.