1)

WHICH COMES OUT FIRST?

(a)

(Mishnah #1): The next child born after a Sandal is a Bechor regarding inheritance, but not regarding Pidyon.

(b)

Question: What is the Chidush? (A child always accompanies a Sandal. Even if a Sandal were not a child, a child born in the next delivery is not a Bechor for Pidyon. However, inheritance depends on the first child over which the father would mourn.)

(c)

Answer: The Chidush is that if the Sandal came out first, the child born with it is not a Bechor (for Pidyon).

(d)

Question (Mishnah #2): If a woman gave birth to a Sandal, she brings a Korban (Yoledes), and it is eaten.

(e)

Question: What is the Chidush? (She is a Yoledes due to the accompanying child!)

(f)

Answer #1: The Chidush is when the other child was born Yotzei Dofen (through Caesarian section, for which no Korban is brought) and the Sandal came out normally.

(g)

Question: According to R. Shimon, who obligates a Korban for a Yotzei Dofen, what is the Chidush?

(h)

Answer #2 (R. Yirmeyah): If a Nochris gave birth to a child, converted, and then a Sandal came out, she brings a Korban only for the Sandal.

(i)

Question (Beraisa): A Sandal always comes out in unison with the other child. (There is no time to (immerse and) convert in between!)

(j)

Answer #1 (Rav Papa): We must say that they do not come out in perfect unison. Rather, the child's head is by the Sandal's middle;

1.

In Mishnah #1, they came out head first, so the Sandal was born first. In Mishnah #2, they came out feet first, so the child was born first.

(k)

1.

In Mishnah #1, they came out feet first. The live child clings to the wall, so the Sandal comes out first;

2.

In Mishnah #2, they came out head first. Once (R. Chananel's text - the majority of) the live (Tosfos - or properly formed) child's head comes out, he is considered born. The Sandal is not considered born until its majority (R. Chananel - its entire head) leaves.

(l)

(Mishnah): If a Shilya (fetal sac) is in a house, the house is Tamei;

1.

This is not because a Shilya is a child, rather, because there is always a child with it.

(m)

R. Shimon says, perhaps the child dissolved (and was Batel in Dam Leidah) before it left!

2)

THINGS THAT REQUIRE A TEFACH

(a)

(Gemara - Beraisa): Initially, a Shilya resembles a warp thread; in the end, it resembles (alternatively - is as thick as a lupine) and is hollow like a trumpet;

1.

A Shilya is never less than a Tefach;

2.

R. Shimon ben Gamliel says, it is like the stomach of chickens from which the intestines come out.

(b)

(R. Oshaya Ze'ira of Chavriya's Beraisa): There are five things that must be at least one Tefach -- a Shilya, a Shofar, the spine (Shidrah) of a Lulav, a wall of a Sukah, and Ezov (hyssop, for Parah Adumah or Metzora).

1.

The above Beraisa teaches about a Shilya.

2.

A Shofar - (Beraisa - R. Shimon ben Gamliel): A Shofar must be long enough that it is visible from both ends when one wraps his fingers around it. (This is a Tefach.)

3.

A Lulav spine - (R. Parnach): The spine of a Lulav must be a Tefach longer than the Hadas (which must be at least three Tefachim);

4.

A Sukah wall - (Beraisa): Two walls must be proper walls. The third can be (any amount over) a Tefach (if it is positioned properly);

5.

Ezov - (R. Chiya's Beraisa): The Ezov must be a Tefach.

(c)

(R. Chanina bar Papa): Three of these are taught in Beraisos, and two in Shema'atsa (teachings of Amora'im).

(d)

Objection: Only one of them is a Shema'atsa!

(e)

Answer (Abaye): R. Chiya's teaching is not a Beraisa, so it is considered only a Shema'atsa.

(f)

Questions: Also other things require a Tefach!

(g)

Question #1 (Mishnah): A covering at least a Tefach (long) by a Tefach (wide) with (the height of) a Tefach of space underneath is an Ohel;

1.

(If Tum'as Mes is under it,) everything under the Ohel is Tamei, but the Ohel shields what is above it from the Tum'ah.

(h)

Answer: R. Oshaya's Beraisa counts Shi'urim of a Tefach long, but not Shi'urim of a square Tefach.

(i)

Question #2: A stone jutting out of an oven is considered a handle up to a Tefach. (If the oven is Tamei, what touches the handle becomes Tamei.) A handle from a Kirah (an oven on which pots are placed) is up to three fingers.

(j)

Answer #1: He only counts things that must be at least a Tefach. The handle is at most a Tefach.

26b----------------------------------------26b

(k)

Question #3: If a girl's (toy) oven is at least a Tefach, it is Mekabel Tum'ah!

1.

(Beraisa - R. Meir): If a new or broken oven is at least four Tefachim (tall), it is Mekabel Tum'ah;

2.

Chachamim say, this refers to a wide oven. A new small oven of any height is Mekabel Tum'ah once it is finished. A broken oven at least half its original height is Mekabel Tum'ah.

3.

Question: What does "any height" mean?

4.

Answer (R. Yanai): It must be at least a Tefach, for such ovens are made for girls.

(l)

(m)

This is also Answer #2 to Question #2!

1.

(Beraisa - R. Yehudah): The handle towards the wall is at most a Tefach. (Any more than this is in the way. It will be cut off.) A handle facing the house can be any length.

(n)

Question #4: The rim around the Shulchan in the Mikdash is a Tefach tall!

(o)

Answer #1: He does not count what the Torah explicitly says must be a Tefach.

(p)

Question #5: The Kapores (cover of the Aron) is a Tefach thick.

(q)

Answer (and Answer #2 to Question (q)): He does not discuss Kodshim.

(r)

Question #6: A Korah (beam to enable making an Eruv in a Mavuy) must be a Tefach thick!

(s)

Answer: He does not count what is purely mid'Rabanan, only what pertains to Torah laws in which the Shi'ur of a Tefach is not explicit in the Torah.

3)

ATTRIBUTING A SHILYA TO A FETUS

(a)

(Rav Yitzchak bar Shmuel citing Rav): If a Shilya comes out within three days after a birth, we can attribute it to the child. After this, we are concerned lest there was another child with it. (The mother is (Safek) Yoledes Zachar or Nekevah from the latter date.)

(b)

Question (Rav Kahana): Rav could not have said that. He says that one twin is born immediately after the other!

(c)

Rav Yitzchak was silent.

(d)

Rav Kahana: Perhaps Rav says that there is no delay between twins only if the first baby was viable, but there can be a delay if the first baby was a Nefel!

(e)

Rav Yitzchak: Do you find your own answer for Rav? Rav explicitly said so!

1.

(Rav Yitzchak citing Rav): If a Shilya comes out within three days after a Nefel, we attribute it to the Nefel. After this, we are concerned lest there was another child with it;

2.

If a Shilya comes out even ten days after a birth, we attribute it to the child.

(f)

Shmuel was with Rav Yehudah (who came to learn from Shmuel after Rav died) and (other) Talmidim of Rav. Rav Yosef brei d'Rav Menashya came.

1.

Shmuel: What did Rav say about a Shilya?

2.

Rav Yosef: Rav said that we attribute a Shilya only to a viable baby.

3.

Shmuel asked Rav's Talmidim. They agreed. Shmuel looked crossly at Rav Yehudah (because he did not tell him).

(g)

Question (R. Yosi ben Sha'ul): If a woman miscarried the form of a raven and a Shilya, what is the law?

(h)

Answer (Rebbi): We attribute a Shilya only to species that have Shilyos (but not birds, which hatch from eggs).

(i)

Question (R. Yosi ben Sha'ul): If the Shilya was tied to the raven, what is the law?

(j)

Rebbi: This would never happen.

(k)

Question (Beraisa): If a woman miscarried the form of a animal or bird, and a fetal sac:

1.

If they are tied together, we are not concerned lest the sac contains a fetus (of a human. Surely it is from the animal);

2.

If they are not tied together, perhaps the sac of the animal dissolved, and a fetus in the remaining sac dissolved. We are stringent for both possibilities. (Tosfos - she might be Yoledes Zachar or Nekevah; Rashi - if there was a human fetus, she is a Yoledes. If the sac was from the animal, Chachamim hold that she is not a Yoledes.)