Comentário sobre Chulin 4:3
בְּהֵמָה שֶׁמֵּת עֻבָּרָהּ בְּתוֹךְ מֵעֶיהָ וְהוֹשִׁיט הָרוֹעֶה אֶת יָדוֹ וְנָגַע בּוֹ, בֵּין בִּבְהֵמָה טְמֵאָה, בֵּין בִּבְהֵמָה טְהוֹרָה, טָהוֹר. רַבִּי יוֹסֵי הַגְּלִילִי אוֹמֵר, בִּטְמֵאָה, טָמֵא, וּבִטְהוֹרָה, טָהוֹר. הָאִשָּׁה שֶׁמֵּת וְלָדָהּ בְּתוֹךְ מֵעֶיהָ וּפָשְׁטָה חַיָּה אֶת יָדָהּ וְנָגְעָה בוֹ, הַחַיָּה טְמֵאָה טֻמְאַת שִׁבְעָה, וְהָאִשָּׁה טְהוֹרָה עַד שֶׁיֵּצֵא הַוָּלָד:
Um animal cujo feto morreu dentro de seu útero e o pastor colocou a mão dentro e a tocou, seja um animal impuro ou puro, ele é puro. O rabino Yose Ha'Gelilli diz: "Para um impuro [animal], ele é impuro, mas para um puro [animal], ele é puro". Uma mulher cujo feto morreu no ventre e a parteira colocou a mão dentro e a tocou; a parteira é impura com uma impureza de sete dias, e a mãe é pura até o feto sair.
Bartenura on Mishnah Chullin
בבהמה טהורה טהור – from an a fortiori inference (see Tractate Hullin 70b), if [being inside] its mother is effective to permit it for consumption through its slaughter, even though it (i.e., the fetus) is dead, then should being inside its mother not also be effective to render it pure from the impurity of an animal carcass? And from where do we learn that the same applies regarding an unclean animal? For it states in Scripture (Leviticus 11:39): “If an animal that you may eat has died, anyone who touches its carcass shall be impure until evening.” [The phrase:” “If an animal…. has died,” this is an unclean animal; “that you may eat,” this is a clean–pure animal. A comparison of these juxtaposed “unclean animal” and “clean animal” – just as in a clean–pure animal, its fetus is pure, even in an unclean animal, its fetus is pure.
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English Explanation of Mishnah Chullin
Introduction
This mishnah continues to deal with ramifications of the notion that a fetus within its mother’s womb is considered to be a limb of its mother and not a separate life.
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Bartenura on Mishnah Chullin
רבי יוסי הגלילי אומר בטמאה טמא – and he derives it from Scripture, as it is written (Leviticus 5:2): “Or when a person touches any impure thing -be it the carcass of an impure beast or the carcass of impure cattle,” Does the carcass of an impure beast defile and the carcass of a pure animal does not defile? But rather, which is it {that in an impure animal it defiles and that in a pure animal it doesn’t defile)? This is a [dead] fetus that is in the womb of an impure animal that is impure, and [a dead fetus] that is in a pure animal that is pure, from an a fortiori. But regarding the impure animal, there is no a fortiori [inference], and we don’t expound an analogy based upon biblical inference. But the Halakha is not according to Rabbi Yosi.
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English Explanation of Mishnah Chullin
If a fetus died within the womb [of its mother] and the shepherd put in his hand and touched it, he is clean, whether it was a clean or unclean animal. A nevelah, an animal that died without being slaughtered, is unclean. However, the fetus in its mother’s womb is not considered to be a nevelah. This is derived from a kal vehomer (a fortiori) argument. If a clean animal is slaughtered and found to be pregnant, her fetus can be eaten based on the mother’s valid slaughtering. It is not a nevelah. All the more so, a fetus that dies within a live mother is not considered to be a nevelah, because its mother is alive. According to the first opinion, this is true of both clean and unclean animals.
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Bartenura on Mishnah Chullin
החיה טמאה טומאת שבעה – and it is from the Rabbis, as a decree lest the fetus bring forth its head outside the corridor–the lower end of the vagina or uterus, and he is like he was born and defiles and the midwife thinks that it (i.e., the fetus) is still in her womb and comes to be pure. But the shepherd who inserted his hand into the womb of the animal, as it is taught in our Mishnah is pure. We don’t make this decree, because the womb of the animal is revealed, and when it (i.e., the fetus) comes out, he sees it.
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English Explanation of Mishnah Chullin
Rabbi Yose HaGalili says: if it was an unclean animal he is unclean, and if it was a clean animal he is clean. Rabbi Yose HaGalili says that there is no “kal vehomer” argument when it comes to the unclean animal because when its mother is slaughtered, the fetus does not become fit for eating. Therefore, it has the status of nevelah even if it died within its mother’s womb.
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Bartenura on Mishnah Chullin
ואשה טהורה עד שיצא הולד – for the woman creates excitement for herself when it (i.e., the fetus) brings forth its head outside of the corridor–the lower end of the vagina or uterus, and he does not come to be purified (see Talmud Hullin 72a).
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English Explanation of Mishnah Chullin
If the fetus of a woman died within the womb of its mother and the midwife put in her hand and touched it, the midwife is unclean for seven days, but the mother is clean until the fetus comes out. If the human fetus dies within its mother’s womb, and the midwife touches it while it is still inside, the midwife is unclean for seven days, as is the rule for someone who comes into contact with a corpse. According to the Talmud this impurity is not “deoraita” from the Torah, but rather is a rabbinic decree. From the Torah, since the fetus is still in its mother it does not count as a separate life. However, the rabbis decreed that it should make her impure lest she touch it after its head has already emerged. The mother is considered clean from corpse impurity unless the head emerges and then the baby dies.
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