Commentary for Bava Batra 282:13
ולימא ליה בשילדה אי הכי דקתני סיפא ואם אמר כל מה שתלד אשתי יטול הרי זה יטול כל שתלד כל שילדה מיבעי ליה
And let him reply to him [that] it<span class="x" onmousemove="('comment',' Our Mishnah. ');"><sup>25</sup></span> [represents the view of] R. Johanan b. Beroka and [that] he holds the [same] opinion as R. Jose!<span class="x" onmousemove="('comment',' Supra; that an embryo may acquire possession. ');"><sup>26</sup></span> Who can say that he<span class="x" onmousemove="('comment',' R. Johanan b. Beroka. ');"><sup>27</sup></span> holds such an opinion!<span class="x" onmousemove="('comment',' That of R. Jose. ');"><sup>28</sup></span> Let him, then, reply to him [that our Mishnah speaks of the case] where [the money was offered by a husband] 'to him who would bring me tidings'!<span class="x" onmousemove="('comment',' i.e. that the sum of money spoken if in our Mishnah was not assigned to an embryo but promised by a husband to anyone who would report to him, on the confinement of his wife as to the sex of child (cf. supra). The question of an embryo's right of acquisition would consequently be outside the scope of our Mishnah: and R. Huna would accordingly be able to maintain, against R. Nahman's assumption, that an embryo does not acquire possession. ');"><sup>29</sup></span> — If so,<span class="x" onmousemove="('comment',' That our Mishnah deals with a promise to a stranger, and not with an assignment to an heir. ');"><sup>30</sup></span> [explain] the last clause wherein it is stated, AND IF THERE IS NO [OTHER] HEIR BUT THIS ONE, HE INHERITS ALL [THE ESTATE]. If [the Mishnah speaks] of a reporter<span class="x" onmousemove="('comment',' Lit., 'he who will report to me'. ');"><sup>31</sup></span> what has he to do with heirship!<span class="x" onmousemove="('comment',' Lit., 'an heir, what is his work'. A reporter on the birth of one's child could not possibly he described as heir ');"><sup>32</sup></span> Then let him reply to him [that our Mishnah speaks of the case] where she has [already] given birth [to the child]!<span class="x" onmousemove="('comment',' At the time the father had assigned to him the sum of money. An embryo, however, as R. Huna stated, would not acquire possession. ');"><sup>33</sup></span> — If so,<span class="x" onmousemove="('comment',' That the Mishnah speaks of a child already born. ');"><sup>34</sup></span> the last clause is wherein it is stated. IF [HOWEVER] HE SAID: whatever MY WIFE SHALL BEAR, SHALL RECEIVE [A CERTAIN PORTION]. HE RECEIVES [IT] [instead of]. WHATEVER SHE SHALL BEAR, should have [read]. 'whatever she has born'!
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