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Babylonian Talmud: Tractate Niddah

Folio 40a

CHAPTER V

MISHNAH. FOR A FOETUS BORN FROM ITS MOTHER'S SIDE1  THERE IS NO NEED2  TO SPEND3  THE PRESCRIBED DAYS OF UNCLEANNESS4  OR THE DAYS OF CLEANNESS;5  NOR DOES ONE INCUR ON ITS ACCOUNT THE OBLIGATION TO BRING A SACRIFICE.6  R. SIMEON RULED: IT IS REGARDED AS A VALID BIRTH. ALL WOMEN ARE SUBJECT TO UNCLEANNESS7  [IF BLOOD APPEARED] IN THE OUTER CHAMBER,8  FOR IT IS SAID IN SCRIPTURE, HER ISSUE IN HER FLESH BE BLOOD;9  BUT A ZAB AND ONE WHO EMITTED SEMEN CONVEY NO UNCLEANNESS UNLESS THE DISCHARGE10  CAME OUT OF THE BODY. IF A MAN WAS EATING TERUMAH WHEN HE FELT THAT HIS LIMBS SHIVERED,11  HE TAKES HOLD OF HIS MEMBRUM12  AND SWALLOWS THE TERUMAH. AND THE DISCHARGES CONVEY UNCLEANNESS, HOWEVER SMALL THE QUANTITY, EVEN IF IT IS ONLY OF THE SIZE OF A MUSTARD SEED OR LESS.

GEMARA. R. Mani b. Pattish stated: What is the Rabbis' reason?13  Scripture said, If a woman have conceived seed and born14  a man child,15  implying:16  Only if she bears where she conceives.17  And R. Simeon?18  — That text19  implies that even if she bore in the same manner only as she conceived20  she21  is unclean by reason of childbirth.22  What, however, is R. Simeon's reason?23  — Resh Lakish replied: Scripture said, She bear,24  to include25  A FOETUS BORN FROM ITS MOTHER'S SIDE. And the Rabbis?26  — That text24  is required to include27  a tumtum28  and an hermaphrodite. Since it might have been presumed that as it is written man child29  and maid child30  [the laws in the context apply only to] one who is undoubtedly male or undoubtedly female but not to a tumtum or an hermaphrodite, hence we were informed that the law applies to the latter also. And R. Simeon?31  — He deduces it32  from a teaching of Bar Liwai; for Bar Liwai taught. For a son,33  implies: For any son, whatsoever his nature; For a daughter,33  for any daughter, whatsoever her nature. And the Rabbis?34  — They require this text for the deduction that a separate sacrifice is due for each son and for each daughter.35  And R. Simeon?31  — He deduced it32  from the following which a Tanna recited before R. Shesheth: This is the law for her that beareth36  teaches37  that a woman brings one sacrifice for many children. It might be presumed that she brings only one sacrifice for a birth and for a zibah … But would then one sacrifice suffice for a woman after childbirth who ate blood or for one after childbirth who ate forbidden fat? — Rather say: It might be presumed that a woman brings only one sacrifice for a birth that took place before the completion of her clean days and for one that took place after their completion.38  Therefore it was expressly written, 'This'.39  And the Rabbis?40  — Although 'this'41  was written it was also necessary to have the text, 'For a son or for a daughter'.42  For it might have been presumed that this law43  applies only to two distinct conceptions44  but45  that in the case of a simultaneous conception as, for instance, that of Judah and Hezekiah the sons of R. Hiyya,46  one sacrifice suffices,47  hence we were informed [that even in such a case separate sacrifices are required for each birth].

R. Johanan stated: R. Simeon, however, agrees that in the case of consecrated beasts [the body of the young extracted by means of a caesarean cut] is not sacred.48  What is the reason? He deduces the expression of 'birth' here49  from that of 'birth' in the case of the firstling:50  As in the latter case51  the reference is to one that openeth the womb52  so here also it is only to one that 'openeth the womb'. But why should not the expression of 'birth' here49  be deduced from that of 'birth' in the case of a human being:53  As in the latter case54  a foetus extracted from its mother's side is included55  so here also the young extracted from its mother's side should be included? — It stands to reason that the deduction should be made from the firstling, since 'the dam'56  might also be deduced from 'the dam'.57  On the contrary! Should not the deduction be made from the expression used of the human being, since thereby an ordinary birth58  would be deduced from an ordinary birth?59  But the fact is that the deduction was properly to be made from the firstling since in both cases60  the expression 'dam'61  is used, both are sacred beasts and both are subject to the laws of piggul, nothar62  and uncleanness.63  On the contrary! Should not the deduction be made from the expression used of the human being since both cases64  are those of ordinary birth,65  neither is restricted to the male sex,66  neither67  is naturally sacred,68  and neither69  is a priestly gift?70  The former71  are more in number.72

R. Hiyya son of R. Huna citing Raba observed, A Baraitha was taught which provides support for the statement of R. Johanan:73  R. Judah stated, This is the law of the burnt-offering, it is that which goeth up,74  behold these75  are three limitations

To Part b
Original footnotes renumbered.
  1. By means of the caesarean operation. Lit., 'goes out of a wall'.
  2. For its mother.
  3. Lit., '(women) do not sit for it'.
  4. Seven for a male and fourteen for a female (v. Lev. XII, 2, 5).
  5. Thirty-three days after the seven (cf. prev. n.) for a male and sixty-six days after the fourteen for a female (v. Lev. XII, 4f).
  6. Prescribed for a woman after childbirth (v. Lev. XII, 6ff).
  7. Of menstruation.
  8. The vagina; though it did not flow out beyond it.
  9. Lev. XV, 19; emphasis on 'in her flesh' implying: Even if the discharge did not flow out of her body.
  10. Lit., 'uncleanness'.
  11. A symptom of the imminent discharge of semen.
  12. To prevent outflow.
  13. For their ruling in the first clause of our Mishnah.
  14. So A.V. The A.J.V. reads, 'be delivered and bear'.
  15. Lev. XII, 2, dealing with the laws of cleanness and uncleanness and the prescribed sacrifice after childbirth.
  16. By the juxtaposition of 'conceived' and 'born'.
  17. Only then do the laws (cf. prev. n.) apply, but not where a caesarean operation had to be performed.
  18. How in view of this exposition can he differ from the Rabbis?
  19. V. p. 276. n. 15.
  20. A mashed foetus (cf. supra 26a, 27b).
  21. Lit., 'his mother'.
  22. The Rabbis, however, require no text for this ruling since in their opinion (cf. supra 26a) the presence of the placenta alone is a sufficient cause of uncleanness.
  23. For his ruling in our Mishnah.
  24. But if she bear a maid-child, Lev. XII, 5.
  25. By the superfluity of the expression, since it would have sufficed to state 'but if a maid-child'.
  26. How can they maintain their ruling in view of this exposition?
  27. Among those who subject their mothers to the laws prescribed in the context.
  28. V. Glos.
  29. Lev. XII, 2.
  30. Lev. XII, 5.
  31. Whence does he deduce the last mentioned law?
  32. Cf. prev. n.
  33. Lev. XII, 6.
  34. What deduction do they make from this text?
  35. Though conception of the latter took place before the completion of the clean days of the former.
  36. Lev. XII, 7.
  37. Since 'beareth' is not restricted to one child only.
  38. If a child is born after the completion of the eighty days (fourteen unclean and sixty-six clean ones) prescribed for the birth of a female child, the former was obviously born 'before their completion'.
  39. Lev. XII, 7, implying, This birth alone requires a sacrifice, but an additional birth requires an additional sacrifice.
  40. In view of this text what need was there for that of Lev. XII, 6?
  41. V. supra note 2.
  42. Lev. XII, 6.
  43. That one birth 'before the completion' of the eighty days and one 'after their completion' require two separate sacrifices.
  44. The second one having begun during the eighty days that followed the first, and its birth having occurred after the completion of these days.
  45. Cf. Rashal. Cur. edd. in parenthesis insert: 'One of which was an abortion'.
  46. The second of whom was born three months after the former (supra 27a).
  47. Lit., 'with one sacrifice it is sufficient for her'.
  48. Like other beasts whose blemish preceded their consecration, its value only is consecrated. It may, therefore, be sold, when it loses its sanctity and may be used for shearing or work, while its price is used for the purchase of valid sacrifices.
  49. When a bullock, or a sheep, or a goat, is born (E.V. brought forth) in the context dealing with consecrated beasts (Lev. XXII, 27).
  50. All the firstling males that are born (Deut. XV, 19).
  51. Lit., 'there'.
  52. Ex. XXXIV, 19.
  53. If a woman be delivered and bear a man-child (Lev. XII, 2).
  54. Lit., 'there'.
  55. As R. Simeon laid down in our Mishnah.
  56. It shall be seven days under the dam (Lev. XXII, 27) about consecrated beasts.
  57. It shall be with its dam (Ex. XXII, 29) about the firstling.
  58. I.e., a beast that is not a firstling.
  59. I.e., a child that is not a firstborn son, the text (Lev. XII, 2) speaking of any child whether a firstborn or not.
  60. The consecrated beast and the firstling.
  61. Cf. supra nn. 3 and 4.
  62. On these terms v. Glos.
  63. To a human being none of these applies.
  64. Those of the child and the consecrated beast.
  65. Cf. supra nn. 5 and 6.
  66. While only a male is subject to the law of a firstling.
  67. Unlike the firstling that is sacred from birth.
  68. The consecration of the beast is entirely due to a human act.
  69. Unlike the firstling which is the priest's due.
  70. A peace-offering, for instance, remains the property of its owner. A burnt-offering is completely burnt on the altar.
  71. The five points of likeness between the consecrated beast and the firstling.
  72. Than the four points of likeness between the beast and a human being.
  73. Supra, that R. Simeon agrees in the case of consecrated beasts that the body of the young extracted from one by means of a caesarean cut is not sacred.
  74. Lev. VI, 2.
  75. The expressions, 'this', 'it', 'which goes up'.
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Niddah 40b

 excluding1  a sacrifice that was slain in the night, whose blood was poured out,2  or whose blood was taken outside the hangings,3  which, even though it was placed upon the altar, must be taken down.4  R. Simeon stated: From the term 'burnt-offering'5  I would only know that the law applied to6  a valid burnt-offering; whence, however, the inference for including7  one that was slain in the night, whose blood was poured out,8  whose blood was taken outside the hangings3  or was kept overnight, that was taken out,9  that was unclean, nothar,10  one slain with the intention of eating it later than its permitted time limit or beyond its permitted place limits, whose blood was received or sprinkled by disqualified men,11  those sacrifices whose blood is to be sprinkled above12  and was sprinkled below,12  those whose blood is to be sprinkled below12  and was sprinkled above,12  those whose blood is to be applied within13  and was applied without,14  and a paschal lamb and a sin-offering that had not been slain as such?15  Whence, I ask, is the inference? Since it was explicitly said in Scripture, This is the law of the burnt-offering,16  the scope of the law is widened: One law for all that are placed upon the altar, so that once they have been put up they must not be taken down. As one might presume that I also include7  a beast that covered17  or was covered,18  that was set aside19  for an idolatrous purpose, that was worshipped, the hire of a harlot, the price of a dog, kil'ayim, trefah20  and one that had been extracted by means of a caesarean operation, it was explicitly stated, 'This'.21  But what reason do you see for including22  the former and for excluding the latter?

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Original footnotes renumbered.
  1. From the scope of the law in the context that once a sacrifice had been placed upon the altar it must never be removed from it.
  2. So that the essential service of sprinkling upon the altar could not be performed with it.
  3. Sc. the enclosure around the Temple that corresponded to the hangings of the court of the Tabernacle of Moses in the wilderness.
  4. Only the other disqualified sacrifices, enumerated infra in R. Simeon's ruling, must not, according to R. Judah also, be taken down from the altar once they have been put upon it (cf. Zeb. 84b).
  5. Lev. VI, 2.
  6. Lit., 'I have not but'.
  7. In the scope of the law.
  8. So that the essential service of sprinkling upon the altar could not be performed with it.
  9. Sc. the flesh of a burnt-offering that was taken out and then brought back and placed upon the altar.
  10. Sacrificial meat that was kept beyond the time allowed for its consumption.
  11. Priests who had a blemish, for instance.
  12. The red line around the altar's sides.
  13. Sc. the inner altar that was placed within the Hekal.
  14. On the altar in the Temple court.
  15. Lit., 'not for their name', the man intending them at the time to serve respectively as different kinds of sacrifices.
  16. Lev. VI, 2, emphasis on 'law'.
  17. A woman.
  18. By a man.
  19. In a special place.
  20. On these terms v. Glos.
  21. Which implies a limitation.
  22. In the scope of the law.
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