Talmud Bavli
Talmud Bavli

Quoting%20commentary for Shabbat 271:20

איתמר מת בתוך שלשים ועמדה ונתקדשה אמר רבינא משמיה דרבא

— What case do we treat of here? Where we know for certain that its months [of bearing] were complete.<span class="x" onmousemove="('comment',' Then it is definitely viable. ');"><sup>20</sup></span> Come and hear: And they agree that if it is born together with its blemish, it is mukan!<span class="x" onmousemove="('comment',' V. Glos. The reference is to a firstling born blemished on a festival. A firstling might not be eaten before it received a blemish and we are taught there that this animal is mukan and may be eaten on the day of its birth. V. Bez. 26b. ');"><sup>21</sup></span> Here too [it is said] where its months [of bearing] were complete. Come and hear: For Rab Judah said in Samuel's name: The <i>halachah</i>, is as R. Simeon b. Gamaliel. 'The <i>halachah</i> [is thus]' implies that they [the Rabbis] disagree.<span class="x" onmousemove="('comment',' Cf. supra 106b. ');"><sup>22</sup></span> This proves it. Abaye said: If it falls from a roof or is devoured by a lion, all hold that it was viable.<span class="x" onmousemove="('comment',' I.e., if the infant dies through an external cause before thirty, days, we assume that it was viable. Hence if he was an only child and survived his father, no matter by how short a time, his mother is free from Levirate marriage (v. Deut. XXV, 5), since his father did have a son. Similarly in the case of an animal, if slaughtered before it is eight days old it may be eaten, because we assume that it was viable, ');"><sup>23</sup></span> When do they differ? if it yawns and dies.<span class="x" onmousemove="('comment',' I.e., it dies naturally within thirty days, having shown very little vitality. ');"><sup>24</sup></span> One Master holds: It was viable; whilst the other Master holds: it was [technically] dead. What is the practical difference? Whether it frees the mother from Levirate marriage.<span class="x" onmousemove="('comment',' V.p. 685, n. 12. ');"><sup>25</sup></span> 'If it falls from a roof or is devoured by a lion, all hold that it was viable.' But surely R. Papa and R. Huna the son of R. Joshua visited the house of R. Iddi b. Abin's son, who prepared a third-born calf<span class="x" onmousemove="('comment',' I.e., the third which its mother had calved. Aliter: (a) a third-grown calf; (b) a calf in its third year. ');"><sup>26</sup></span> for them on its seventh day [from birth], whereupon they said to him, 'Had you waited with it until evening<span class="x" onmousemove="('comment',' When it would have been eight days old. ');"><sup>27</sup></span> we would have eaten thereof: now we will not eat thereof'!<span class="x" onmousemove="('comment',' Though it was slaughtered. ');"><sup>28</sup></span> — Rather [say thus:] If it yawns and dies, all agree that it was dead [non-viable]; they differ where it falls from a roof or is devoured by a lion, one Master holding that it was viable; the other Master, that it was dead.<span class="x" onmousemove="('comment',' Hence the attitude of R. Papa and R. Huna b. R. Joshua. ');"><sup>29</sup></span> A child was born to the son of R. Dimi b. Joseph, [and] it died within thirty days. [Thereupon] he sat and mourned for it.<span class="x" onmousemove="('comment',' I.e., he performed the ritual mourning rites which are obligatory upon a bereaved father. ');"><sup>30</sup></span> Said his father to him, 'Do you wish to eat dainties?'<span class="x" onmousemove="('comment',' Lit., 'throat-ticklers'; Jast.: Which friends send to mourners — i.e., you should not mourn for him, seeing that he was non-viable. ');"><sup>31</sup></span> 'I know for certain that its months [of pregnancy] were complete.' R. Ashi visited R. Kahana: a mishap befell him within the thirty days.<span class="x" onmousemove="('comment',' I.e., his child died within thirty days from birth. ');"><sup>32</sup></span> Seeing him sitting and mourning for it, he said to him, 'Does the Master not agree with what Rab Judah said in Samuel's name: The <i>halachah</i> is as R. Simeon b. Gamaliel?' — 'I know for certain that its months were complete,' replied he. It was stated: If it died within thirty days,<span class="x" onmousemove="('comment',' V. supra n. 13; the same case is referred to here. ');"><sup>33</sup></span> and she [the mother] arose and was betrothed,<span class="x" onmousemove="('comment',' At a later date, thinking that the child had freed her from the levirate obligation. ');"><sup>34</sup></span> — Rabina said in Raba's name:

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