Comentário sobre Chulin 4:5
הַשּׁוֹחֵט אֶת הַבְּהֵמָה וּמָצָא בָהּ בֶּן שְׁמֹנָה חַי אוֹ מֵת, אוֹ בֶן תִּשְׁעָה מֵת, קוֹרְעוֹ וּמוֹצִיא אֶת דָּמוֹ. מָצָא בֶן תִּשְׁעָה חַי, טָעוּן שְׁחִיטָה, וְחַיָּב בְּאוֹתוֹ וְאֶת בְּנוֹ, דִּבְרֵי רַבִּי מֵאִיר. וַחֲכָמִים אוֹמְרִים, שְׁחִיטַת אִמּוֹ מְטַהַרְתּוֹ. רַבִּי שִׁמְעוֹן שְׁזוּרִי אוֹמֵר, אֲפִלּוּ בֶן שְׁמֹנֶה שָׁנִים וְחוֹרֵשׁ בַּשָּׂדֶה, שְׁחִיטַת אִמּוֹ מְטַהַרְתּוֹ. קְרָעָהּ וּמָצָא בָהּ בֶּן תִּשְׁעָה חַי, טָעוּן שְׁחִיטָה, לְפִי שֶׁלֹּא נִשְׁחֲטָה אִמּוֹ:
"Aquele que matou um animal e encontrou nele um feto de oito meses - vivo ou morto, ou um feto morto de nove meses, rasga-o para que o sangue saia. Se alguém encontrou um feto vivo de nove meses, isso exige abate e está sob a obrigação dele e de seus descendentes [a proibição de matar um animal e seu filho no mesmo dia] ", nas palavras do rabino Meir. Mas os Sábios dizem: "O abate da mãe permite [o feto sem abate]". O rabino Shimon Shazuri diz: "Mesmo que [o feto tenha atingido a idade de] oito anos e esteja arando no campo, o abate de sua mãe o permita". Se alguém rasgou [um animal] e encontrou nele um feto de nove meses de idade, é necessário o abate, pois sua mãe não foi abatida.
Rambam on Mishnah Chullin
One who slaughters an animals and finds in it an 8 month old fetus that lives: A full grown fetus that lives that is permitted to eat without slaughter, the helev and blood are not permitted by the rabbis and know that it doesn't need checking [for treifot]. We want to say that treifot do not cause loss since according to us it is already slaughtered even though it is alive. The halacha follows the chachamim on condition it [the fetus] did not walk on the ground. And the words of Rabbi Shimon Shezuri that allows it even if it did walk on the ground are not the law.
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Bartenura on Mishnah Chullin
ומוציא את דמו – and its fat alone is permitted, as it is taught in Torat Kohanim (i.e., the Midrash Halakha on the Book of Leviticus), when it states, the fat and the two kidneys with a guilt-offering (see Leviticus 7:4: “the two kidneys and the fat that is on them at the loins”), and we don’t need to say that from an a fortiori we would derive it, for just as regarding an offering of well-being–peace offering that anything of their species requires the fat-tail, for they require the fat and two kidneys. The guilt offering, that all of its species requires the tail, is it not the law that it requires the fat and the two kidneys? And what does the inference teach us, but rather to tell us that just as fat and the two kidneys that are stated with the guilt offering is removed from the general category of the embryo, for you are not able to state that the fat of the embryo that is found in a guilt offering should be offered with a female animal, even all, even the sacrifices that come from a female, the fat that is mentioned regarding them one removes from the category of the embryo. But since the fat of the embryo is not offered with all the sacrifices, it is permitted for consumption. But its blood is not worse than the blood of the limbs and we hold that in the Tractate Keritot that the blood of the limbs one violates a negative commandment.
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English Explanation of Mishnah Chullin
Introduction
Our mishnah continues to deal with the status of a fetus found in its mother’s womb when she is slaughtered.
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Bartenura on Mishnah Chullin
טעון שחיטה – for newborns indirectly to compare an animal by itself, and to nt to be included–to be derived by implication with all the cattle that you may eat.
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English Explanation of Mishnah Chullin
If one slaughtered an animal and found in it an eight months’ fetus, either living or dead, or a dead nine months fetus, he need only tear it open and take out the blood. If he found in it a living nine months’ fetus it must be slaughtered, and he would thereby [possibly] incur the penalty for “it and its young,” the words of Rabbi Meir. Rabbi Meir distinguishes between a live fetus found inside its mother after she has been slaughtered and a dead one. A dead fetus is considered to be part of its mother’s flesh and therefore when she is slaughtered the dead fetus is permitted. An eight months’ fetus is considered to be as if it is dead (for it could not live outside of the womb) and therefore it too is permitted when its mother is slaughtered. However, a living nine months’ fetus is an independent life. When it is found in its mother’s womb it too must be slaughtered before it can be eaten. Furthermore, one who slaughters it and its mother on the same day transgresses the biblical prohibition of slaughtering a mother and her offspring on the same day (Leviticus 22:28). We should note that the implication of this halakhah is that life begins before the fetus leaves the womb. The point at which this is so would seem to be the point at which the fetus would be viable outside of the womb.
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Bartenura on Mishnah Chullin
וחייב באותו את בנו – that you should not slaughter it on the date that you ritually slaughter its mother.
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English Explanation of Mishnah Chullin
But the sages say: the slaughtering of its mother renders it permitted. Rabbi Shimon Shezuri says: even if it is eights years old and is plowing the field, the slaughtering of its mother renders it permitted. The other rabbis disagree. Any fetus found in its mother’s womb is permitted to be eaten without having to be slaughtered itself. All that one would need to do is drain the blood, the same rule which applies to all meat. Theoretically, as Rabbi Shimon Shezuri points out, one could even eat an eight year old animal without slaughtering it first, if it was born after its mother was slaughtered.
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Bartenura on Mishnah Chullin
וחכמים אומרים שחיטת אמו מטהרתו – that the newly born and giving birth is the cause of it.
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English Explanation of Mishnah Chullin
If he ripped open [the mother] and found in it a living nine months fetus, it must be slaughtered, since its mother has not been slaughtered. If he doesn’t slaughter the mother, then if the fetus is alive, it will need to be slaughtered. Since its mother was not slaughtered, there is no way to allow this animal to be eaten without proper slaughtering.
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Bartenura on Mishnah Chullin
ר' שמעון שזורי כו' – to the words of the Sages, since that it (i.e., the animal) walked on the ground, it requires ritual slaughter according to the Rabbis. For one might exchange it in order to eat an animal without ritual slaughter. Burt Rabbi Shimon Shezuri permits even after he it had a parted hoof on the
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Bartenura on Mishnah Chullin
קרעה – [cut into] the animal without ritual slaughter.
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