Talmud - Hullin 70a חולין ע׳ א׳

And if their dispute was stated only with regard to that case, when one-third emerged through the wall of the womb, one might have thought it is only in that case that Rabba says the animal is consecrated from that point forward, as that results in a stringency, i.e., the fetus is subject to firstborn status. But in this case, when after one-third emerged it was sold to a gentile, and where ruling that the animal is consecrated from that point forward results in a leniency, one might say that Rabba concedes to Rav Huna. Therefore, it was necessary for the dispute to be stated in both cases.

The Gemara raises a difficulty with the opinion of Rav Huna. We learned in the mishna: If an animal that was giving birth to a firstborn male was encountering difficulty giving birth, and in order to alleviate the difficulty one wishes to terminate the birth, he may cut up the fetus limb by limb and cast it to the dogs. What, is it not teaching that one cuts each limb and leaves it outside the body, casting the limbs to the dogs only after he has already extracted a majority of its body? And if you say a firstborn is consecrated retroactively, then once the majority of the fetus emerges from the womb all of the limbs would be consecrated retroactively according to Rav Huna. Accordingly, the mishna should have said the limbs must be buried.

The Gemara responds: No, here we are dealing with one who cuts each limb and immediately casts it to the dogs, before any consecration takes effect.

The Gemara asks: But according to this, if one cuts the limbs and leaves them, what is the halakha? Each one must be buried. If that is so, rather than teaching in the latter clause of the mishna: If a majority of the fetus had already emerged it is considered to have been born and duly consecrated, and so if one cut it up it must be buried, and any future offspring from that animal is exempted from firstborn status; let the tanna instead distinguish and teach a case in which the limbs are consecrated within the context of the first case itself, in the following manner: In what case is this statement, that the limbs may be cast to the dogs, said? It is with regard to one who cuts pieces of the fetus and immediately casts them to the dogs limb by limb, before a majority has emerged. But if one cuts and leaves the limbs until a majority has emerged, each one of them must be buried.

The Gemara answers: That is indeed what the latter clause of the mishna is saying: In what case is this statement said? It is with regard to one who cuts and casts the limbs to the dogs before a majority emerges. But if one cuts and leaves the limbs until a majority emerges it is regarded as though a majority of it emerged at one time, and so it must be buried.

§ Rava raises a dilemma: Does one follow the majority with regard to limbs or does one not follow the majority with regard to limbs?

The Gemara asks: What are the circumstances of this dilemma; what exactly is Rava’s question? If we say it is referring to a case where the majority of the fetus emerged, but that majority includes the emergence of the minority part of one of its limbs, then Rava is raising the following dilemma: With regard to this minority part of a limb that is outside the womb, do we cast it, i.e., count it, together with the majority of that limb, which is still inside the womb, as if the entire limb was still inside the womb? If so, it would be regarded as though a majority of the fetus has not yet emerged. Or perhaps we cast it and count it together with the majority of the fetus that has already emerged, and so it is regarded as though a majority of the fetus has emerged and it is duly consecrated.

The Gemara rejects this possibility: In that case it is obvious that we do not disregard the majority of the fetus and go after the majority of the limb. Consequently, Rava would not have raised a dilemma about this.

Rather, the dilemma is referring to a case where half of the fetus emerged, but that half includes the majority of a certain limb, and Rava raises the following dilemma: With regard to this minority part of a limb that is inside the womb, what is the halakha as to whether one casts it and counts it together with the majority of that limb and considers it as if that entire limb has emerged? If it is counted, it would be regarded as though a majority of the fetus has emerged, and it is duly consecrated.

The Gemara suggests: Come and hear a resolution from a statement of the mishna: If a majority of the fetus had already emerged, it is considered to have been born and duly consecrated, and so if one cut it up it must be buried. The Gemara clarifies: What is meant by a majority of the fetus? If we say it means literally the majority of the fetus, then the following difficulty arises: Until now had we not learned the principle that the majority of an item is considered like all of it? This is a well-established principle and it is not necessary to teach it again in this context.

Rather, is the mishna not referring to a case where half of the fetus emerged, but that half includes the majority of a limb? If so, the mishna directly resolves Rava’s dilemma and teaches that the minority part of the limb inside the womb is regarded as though it had emerged.

The Gemara responds: No, the mishna could be referring to a case where the majority of the fetus emerged, but that majority includes the emergence of the minority of a limb, and it teaches us that we do not disregard the majority of the fetus and go after the majority of the limb.

§ A firstborn animal is consecrated by virtue of the fact that its birth is the first in which the womb of the mother opens, as indicated by the verse: “Consecrate to Me every firstborn, that which opens the womb” (Exodus 13:2). Concerning this condition, Rava raises a dilemma: If one wrapped the fetus in the bast of a palm tree while it was still in the womb, and it therefore did not come in contact with the opening of the womb directly when it emerged, what is the halakha with regard to whether it is consecrated? Likewise, if one wrapped it in his robe when it emerged, what is the halakha?

Rava adds: If it emerged wrapped in its afterbirth, what is the halakha? The Gemara interjects: How could one suggest that being wrapped in its afterbirth would pose a problem? That is its natural manner of birth, and the afterbirth is consequently not considered an interposition. Accordingly, it is considered as though it was in direct contact with the opening of the womb. Rather, Rava’s dilemma must be as follows: If it emerged wrapped in the afterbirth of a different animal, what is the halakha?

Another dilemma: If one wrapped it in one’s hands and held it and brought it out in that fashion, such that the fetus did not come in direct contact with the opening of the womb, what is the halakha? With regard to all these dilemmas the Gemara asks: What are the circumstances? If the fetus had already partially emerged headfirst and then one wrapped up the body, which was still inside the womb, the halakha in such a case is clear: Since its head emerged, it is already considered to have been born and to have opened up the womb, and it is duly consecrated. Rather, the dilemma is in a case where it partially emerged hind legs first, and the majority of the body, which was still in the womb, was wrapped before it emerged.

Rava raises additional dilemmas: If a weasel entered the womb and swallowed the fetus there, and then exited the womb, bringing the fetus out in its stomach, what is the halakha? The Gemara interjects: Is there any doubt about a case where the weasel brought the fetus out in its stomach? In such a case it is the weasel that brought it out, and it is certainly not regarded as though the fetus opened the womb. Rather, the dilemma concerns a case where the weasel swallowed the fetus and brought it out, and then brought it back into the womb and vomited it out while inside the womb, and the fetus subsequently emerged of its own accord. What is the halakha in this case?

Another dilemma: If one pressed together the openings of two wombs of two animals giving birth to firstborns, and a fetus exited from the womb of this animal and entered the womb of that animal, and then emerged from the womb of the second animal, after which the second animal gave birth to its fetus, what is the halakha with regard to whether the fetus of the second animal is consecrated as a firstborn? Is the womb considered to have opened only when its own fetus emerges from inside, but a fetus that is not its own is not halakhically considered to have opened the womb? Or perhaps even a fetus that is not its own is also considered to have opened the womb? The Gemara does not provide a resolution for these dilemmas and concludes: The dilemma shall stand unresolved.

Rav Aḥa raises a dilemma: If the walls of the opening of the womb opened and widened to such an extent that when the fetus emerged it did not touch them, what is the halakha? Does the airspace of the opening of the womb consecrate the fetus as it is born, and this situation exists here in this case; or perhaps it is the contact with the opening of the womb that consecrates it, and this situation does not exist here in this case?

Mar bar Rav Ashi raises a dilemma: If the walls of the opening of the womb were removed, what is the halakha? The Gemara interjects: The halakha in this case is clear, since if they were removed they are not there to consecrate the fetus. Rather, the dilemma is in a case where they were removed from their original place, recessed inside the womb, and as the fetus emerged, the walls lay on its neck. In such a case, what is the halakha? Do the walls of the opening of the womb consecrate a fetus only when they are in their natural place, but when they are not in their natural place they cannot consecrate a fetus? Or perhaps when they are not in their natural place they also consecrate the fetus.

Rabbi Yirmeya raises a dilemma before Rabbi Zeira: If the walls of the opening of the womb were thinned [nigmemu] by removing the inner layer, what is the halakha? If the fetus then emerges through them is it consecrated? Rabbi Zeira said to him: You have touched upon a dilemma that was already raised before us, and that discussion provides the answer to your dilemma. As Rabbi Zeira raised a dilemma, and some say Rabbi Zeira raised that dilemma before Rabbi Asi: If a section of the opening of the womb was cut away, but the standing section, i.e., the part remaining, is greater in size than the breached, removed, section, and the offspring emerged through the breached section; or if the breached section is greater in size than the standing section and the offspring emerged through the standing section, what is the halakha?

Rabbi Zeira explains how this dilemma can resolve Rabbi Yirmeya’s dilemma: That dilemma was raised only with regard to a case where the breached section is greater than the standing section, as there is at least some part of the womb still standing and therefore one can consider the possibility that it could consecrate the fetus. But a dilemma was not raised with regard to a case where the walls were thinned, because in that case it is obvious that the fetus is not consecrated, as there is nothing left to consecrate it.

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Chullin 70a examines Rav Huna and Rabba's dispute on retroactive firstborn consecration during difficult births involving partial fetal emergence.