Tosefta for Bava Batra 283:6
מאי בינייהו איכא בינייהו ששמעו בו שמת ולא מת ואחר כך מת
that he<span class="x" onmousemove="('comment',' The legal heir. ');"><sup>23</sup></span> died, while [in fact] he was not dead. and after that he died.<span class="x" onmousemove="('comment',' In such a case, the plunderers, since they thought that the heir was dead, have from the very beginning taken definite and certain possession of the estate which, according to Raba, would consequently become their legal property. even if they did not take possession of it a second time. According to Abaye. however. their first acquisition is of no avail since the embryo was at that time the legal owner of the estate. ');"><sup>24</sup></span> Come and hear: 'A babe [who is] one day old inherits and transmits<span class="x" onmousemove="('comment',' Nid. 44a. 'Ar. 7a. ');"><sup>25</sup></span> [From this it follows that only] one [who is] one day old [may inherit]<span class="x" onmousemove="('comment',' Lit.. 'yes'. ');"><sup>26</sup></span> but not an embryo!<span class="x" onmousemove="('comment',' Had an embryo been able to inherit, there would be no need to specify the limitation,'one day old'. Now, if an embryo cannot acquire possession of a legal inheritance how much less could it acquire possession of a gift! How, then, could R. Shesheth maintain that an embryo can acquire possession of a gift? ');"><sup>27</sup></span>