Soncino English Talmud
Niddah
Daf 44a
GEMARA. Whence is this ruling deduced? — [From the following]. For our Rabbis taught: From the term woman I would only know that the laws are applicable to a grown-up woman, whence, however, the inference that a girl one day old is also subject to the uncleanness of menstruation? Since it was explicitly stated, And a woman. ONE WHO IS TEN DAYS OLD IS SUBJECT TO THE UNCLEANNESS OF ZIBAH. Whence is this ruling deduced? [From the following]. For our Rabbis taught: From the term woman I would only know that the laws are applicable to a grown-up woman, whence, however, the inference that a girl who is ten days old is also subject to the uncleanness of zibah? Since it was explicitly stated, And a woman. A BOY ONE DAY OLD etc. Whence is this ruling deduced? — [From the following Scriptural text]. For the Rabbis taught: When any man, what was the object of stating, 'When any man'? To include a boy one day old in the restrictions of the uncleanness of zibah; so R. Judah. R. Ishmael son of R. Johanan b. Beroka said, This deduction is not necessary, for surely it is stated in Scripture, And of them that have an issue, whether it be a man or a woman; 'whether it be a man' means one of any age, whether adult or minor, 'or a woman means one of any age, whether an adult or minor. But if so what need was there to state, 'When any man'? The Torah employed ordinary phraseology. [IS SUBJECT TO …] THE UNCLEANNESS OF LEPROSY, since it is written, When a man shall have in the skin of his flesh, implying a man of any age. [IS SUBJECT TO …] THAT OF CORPSE-UNCLEANNESS, because it is written, And upon the persons that were there, implying a person of any age. HE SUBJECTS [HIS DECEASED BROTHER'S WIDOW] TO THE DUTY OF LEVIRATE MARRIAGE, for it is written, If brethren dwell together, implying brothers who are contemporaries. HE EXEMPTS [HIS MOTHER] FROM THE LEVIRATE MARRIAGE, for the All Merciful has said, And have no child, but this man has one. HE ENABLES HER TO EAT TERUMAH, for it is written, And such as are born in his house, they may eat of his bread, read it as, 'Shall cause to eat of his bread'. AND HE ALSO CAUSES HER TO BE DISQUALIFIED FROM EATING TERUMAH. For the All Merciful has said, And have no child, but she has one. But what was the point of speaking of a 'child' seeing that the same applies even to an embryo, for it is written, As in her youth, which excludes one who is pregnant? Both texts were required. For if the All Merciful had only written, 'And have no child' [it might have been presumed that the law applied to that case] because originally there was but one body and now there are two bodies, but that in this case, where there was originally one body and now also there is only one body, it may be held that the woman may eat terumah, hence the All Merciful has written, 'As in her youth'. And if the All Merciful has only written, 'As in her youth' [it might have been presumed that the law applied to that case alone] since originally the woman's body was empty and now it is a full one, but that in this case, where her body was originally empty and is now also empty, the woman may well eat terumah. Hence the necessity for both texts. Now, the Scriptural texts have been well explained, but as regards our Mishnah, why just A BOY ONE DAY OLD, seeing that even an embryo also disqualifies its mother? — R. Shesheth replied: We are here dealing with the case of a priest who had two wives, one who had previously been a divorced woman and the other was not a divorced woman, and he had sons from the latter and one son from the former, so that the latter causes the slaves of his father to be disqualified from eating terumah; thus indicating that the law is contrary to the view of R. Jose. He having laid down that an embryo also causes disqualification we were informed here that only A BOY ONE DAY OLD causes disqualification but not an embryo. HE INHERITS AND TRANSMITS. From whom does he INHERIT? Obviously from his father; and to whom does he TRANSMIT? Obviously to his paternal brothers; but could not these if they wished inherit from their father and, if they preferred, inherit from him? — R. Shesheth replied: The meaning is, He inherits the estate of his mother to transmit it to his paternal brothers; hence only then when he is ONE DAY OLD but not when he is an embryo. What is the reason? — Because it dies first, and no son may inherit from his mother
Sefaria
Numbers 19:18 · Numbers 25:5 · Yevamot 17b · Numbers 25:5 · Yevamot 87a
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