Soncino English Talmud
Niddah
Daf 44b
Mar son of R. Joseph citing Raba explained: This means to say that he causes a diminution in the portion of the birthright. Mar son of R. Joseph citing Raba further ruled: A son born after the death of his father causes no diminution in the portion of the birthright. What is the reason? It is required that They shall have born to him. Thus it was taught at Sura; but at Pumbeditha it was taught as follows: Mar son of R. Joseph citing Raba ruled, A firstborn son that was born after the death of his father does not receive a double portion. What is the reason? It is necessary that He shall acknowledge, and ['he',] surely, is not [there to acknowledge]. And the law is in agreement with all those versions which Mar son of R. Joseph cited in the name of Raba. HE WHO KILLS HIM IS GUILTY OF MURDER, since it is written, And he that smiteth any man mortally, implying, whatever the age. AND HE COUNTS TO HIS FATHER, TO HIS MOTHER AND TO ALL HIS RELATIVES AS A FULLY GROWN MAN, In respect of what law? — R. Papa replied: In respect of that of mourning. In agreement with whose view [is our Mishnah]? It cannot be, can it, in agreement with R. Simeon b. Gamaliel who ruled: Any human child that survived for thirty days cannot be, regarded as a miscarriage, from which it follows that if he had not lived so long he would have been a doubtful case? — Here we are dealing with the case of a child concerning whom it is established that the months of his pregnancy were duly fulfilled. MISHNAH. A GIRL OF THE AGE OF THREE YEARS AND ONE DAY MAY BE BETROTHED BY INTERCOURSE; IF THE YABAM HAD INTERCOURSE WITH HER, HE ACQUIRES HER THEREBY; THE GUILT OF ADULTERY MAY BE INCURRED THROUGH HER, AND SHE CAUSES UNCLEANNESS TO THE MAN WHO HAD INTERCOURSE WITH HER SO THAT HE IN TURN CONVEYS UNCLEANNESS TO THAT UPON WHICH HE LIES, AS TO A GARMENT WHICH HAS LAIN UPON [A ZAB]. IF SHE WAS MARRIED TO A PRIEST, SHE MAY EAT TERUMAH. IF ANY OF THE INELIGIBLE PERSONS COHABITED WITH HER HE DISQUALIFIES HER FROM THE PRIESTHOOD. IF ANY OF THE FORBIDDEN DEGREES ENUMERATED IN THE TORAH COHABITED WITH HER HE IS TO BE EXECUTED ON HER ACCOUNT, BUT SHE IS EXEMPT [FROM THE PENALTY]. IF ONE WAS YOUNGER THAN THIS AGE INTERCOURSE WITH HER IS LIKE PUTTING A FINGER IN THE EYE. GEMARA. Our Rabbis taught: A girl of the age of three years may be betrothed by intercourse; so R. Meir. But the Sages say: Only one who is three years and one day old. What is the practical difference between them? — The school of R Jannai replied: The practical difference between them is the day preceding the first day of the fourth year. R. Johanan, however, replied: The practical difference between them is the rule that thirty days of a year are counted as the full year. An objection was raised: A girl of the age of three years and even one of the age of two years and one day may be betrothed by intercourse; so R. Meir. But the Sages say: Only one who is three years and one day old.
Sefaria
Mesoret HaShas