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THOUGHTS ON THE DAILY DAF
brought to you by Kollel Iyun Hadaf of Har Nof
Rosh Kollel: Rav Mordecai Kornfeld
Ask A Question about the Daf
- AT WHICH POINT IS A "NEFEL" CONSIDERED BORN?
 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:
- 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.
- 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.
- 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.
- 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.
 HALACHAH: WHEN IS A "NEFEL" CONSIDERED TO BE BORN.
- The head must be whole (i.e. not in pieces).
- 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?
- 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.
- 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.
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