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Babylonian Talmud: Tractate Baba Bathra
But let him reply to him [that our Mishnah speaks of the case] where he said, 'After she will have born [the child'!1 — R. Huna follows his own view. For R. Huna said: [A child] does not acquire ownership2 even [where the father had said].3 'after she4 will have born [him]5 'For. [it was stated.] R. Nahman said: If a person conveys possession. through the agency of a third party. to an embryo.[the latter] does not acquire ownership. [If however, he said].]3 'After she will have born'.5 [the child] does acquire ownership. But R. Huna said: Even [where he said]. 'After she will have born'. [the child] does not acquire ownership. R. Shesheth however said: Whether he used the one, or the other expression.6 [the child] acquires ownership.
Said R. Sheshet: Whence do I derive this? — From the following:7 If a proselyte died8 and Israelites plundered his estate; and [subsequently] they heard that he had a son or that his wife was pregnant. they must return [whatever they have appropriated].9 [If]. having returned everything they subsequently heard that his son died or that his wife miscarried, he who took possession the second [time]10 has acquired ownership;11 but [he who took possession] the first [time] has not acquired ownership. Now, if it could be assumed [that] an embryo does not acquire ownership why should they12 need to take possession a second time? They have, surely. already taken possession once!13
Abaye [however] said: An inheritance which comes [to one] under the ordinary laws of succession14 is different15 Raba said: There16 it is different,17 because at first18 they19 were really uncertain of the legality of their acquisition.20 What [practical difference is there] between them?21 There is [a difference] between them [in the case] where a report was brought22 that he23 died, while [in fact] he was not dead. and after that he died.24
Come and hear: 'A babe [who is] one day old inherits and transmits25 [From this it follows that only] one [who is] one day old [may inherit]26 but not an embryo!27 — Surely R. Shesheth had explained28 [this as meaning]: He29 inherits the estate of his mother to transmit [it]30 to his paternal brothers;31 hence, only [then when he is] one day old but not [when] an embryo.What is the reason?
Baba Bathra 142b
— Because [the embryo] dies first1 and no son in the grave2 may inherit from his mother to transmit [the inheritance] to his paternal brothers 'Do you mean to say that it3 dies first, surely there was a case when it made three convulsive movements?4 — Mar. son of R. Ashi, replied: Those were only [reflex movements] like those of the tail of the lizard which moves convulsively [even after it has been cut of].5
Mar, the son of R. Joseph, said in the name of Raba: This6 teaches7 that he8 causes a diminution in the portion of the birthright.9 [This] however [applies] only [to a child who is] one day old, but not to an embryo.10 What is the reason? — The All Merciful said, And they have born to him.11 For [so] said Mar, the Son of R. Joseph. in the name of Raba: 'A son who was born after the death of his father does not cause a diminution In the portion of the birthright. What is the reason? The All Merciful said, And they shall have born to him,11 which is not [the case here].12
Thus13 it was taught at Sura. At Pumbeditha. [however]. it was taught as follows:14 Mar. the son of R. Joseph, said in the name of Raba: A firstborn son who was born after the death of his father15 does not receive a double portion. What is the reason? The All Merciful said, He shall acknowledge,16 and, surely. he is not [alive] to acknowledge [him]. And the law is in accordance with all those versions which Mar the son of R. Joseph quoted in the name of Raba.
R. Isaac said in the name of R. Johanan: If possession was given to an embryo [through the agency of a third party]. it does not acquire ownership. And if objection should be raised from17 our Mishnah,18 [it may be replied that there it is different] because a person is favourably disposed towards his son.19
Samuel said to R. Hana of Bagdad: 'Go. bring me a group of ten [people] and I will tell you in their presence20 [that] if possession Is given to an embryo [through the agency of a third party]. it does acquire ownership'. But the law is that if possession is given to an embryo [through the agency of a third party]. it does not acquire ownership.
Once a certain man said to his wife, 'My estate [shall belong] to the children that I shall have from you'. His eldest son21 came [and] said to him, 'What shall become of me?'22 He replied to him, 'Go acquire possession as one of the [other] sons'.23 Those24 [can] certainly acquire no ownership.25 since they are not yet in existence; has [however]. this lad26 an [additional] share beside27 the [other] sons,28 or has the lad no [additional] share beside27 the [other] sons? — R. Abin and R. Measha and R. Jeremiah say: The lad receives an [additional] share beside the [other] sons. R. Abbahu and R. Hanina b. Papi and R, Isaac Nappaha say: The lad receives no [additional] share beside the [other] sons.
R. Abbahu said to R. Jeremiah. 'Is the law in accordance with our view29 or in accordance with yours?' He replied to him, 'It is obvious that the law' is in accordance with our view because we are older than you. and [that] the law' [can] not be according to your view because you are [only] juniors.' The other retorted, 'Does the matter then depend on age? [Surely] the matter depends on reason!' 'And what is the reason?' [R. Jeremiah asked.] 'Go to R. Abin,' [replied R. Abbahu.] 'to whom I have explained the matter
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