Ask A Question about the Daf

Previous daf

Nidah 29

1. AT WHICH POINT IS A "NEFEL" CONSIDERED BORN? [1] OPINIONS :According to the Tana Kama, if a Nefel is born Mechutach then it is considered born when most of it comes out, while if it is born k'Tikuno it is considered born when the head comes out. Rebbi Yossi argues that only if it comes out "k'Tikuno l'Chayim" is the head Poter. What is k'Tikuno l'Chayim, asks the Gemara? Rov of the head is the Gemara's answer. In what cases do Rebbi Yossi and Tana Kama argue?

   Some Rishonim explain that Rebbi Yossi requires more than the Tana Kama:

   1. RASHI (DH Ela Amar) explains that the Tana Kama rules that when the head comes out it considered a birth, even if the head is in pieces. Rebbi Yossi argues on this, ruling that birth of the head is only considered a birth if it is whole.
   2. TOSFOS (DH Michlal) quotes RABBEINU CHANANEL who explains that Rebbi Yossi rules that the head is only considered a birth in a live baby, not by a Nefel.

      Others explain that Rebbi Yossi requires less than the Tana Kama.

   3. TOSFOS (ibid.) explains that the Tana Kama rules that only the birth of the entire head is considered a Leidah. Rebbi Yossi rules that even most of the head is sufficient to be considered a Leidah.
   4. The RITVA (quoting Tosfos) explains that even according to the Tana Kama most of the head is already considered a Leidah. According to Rebbi Yossi, however, even the birth of the temples (or Karnei ha'Rosh) are considered a Leidah.

      [2] HALACHAH: WHEN IS A "NEFEL" CONSIDERED TO BE BORN.

      • Question: The RAMBAM (Hilchos Isurei Bi'ha 10:6) rules "If the unborn baby is born in pieces, then it is only considered born when most of it comes out. If the *entire head* came out *whole*, then it is the same as the birth of most of the child's body and the child is considered to be born."

        The RAMBAM seems to have two requirements for the birth to be considered a birth:

1. The head must be whole (i.e. not in pieces).
2. The entire head comes out, not just most of the head. This ruling is quoted by the Shulchan Aruch. What are the RAMBAM's sources for this ruling?
   • Answer:
1. The Rambam appears to have learned that according to the Lishna Basra, Rav Yochanan rules that a Nefel is considered to be born with the birth of the head only if the head is whole. If it is in pieces, even Rav Yochanan agrees that it the Nefel is not considered to be born with the birth of the pieces of the head (contrary to Rashi's interpretation of the Gemara). The Rambam is ruling like Rav Yochanan and according to the Lishna Basra. Therefore, he rules that the head must be whole for its birth to be considered the birth of the Nefel.
2. The Gemara explains that the head is Poter because it is the same as the birth of "most of the limbs." If the head is considered to only be like most of the body and not like the entire body, obviously the entire head must be born, for Rov does not apply to most of a body.

   (Permission is granted to print and redistribute this material as long as this header and the footer at the end of the mailing are included.)