Talmud sobre Ohalot 7:6

Rebbi Ḥanina said, (this means) [a baraita implies]¹²¹Since the proof follows the statement, the text in brackets, from Šabbat, has to be preferred over the text here (in parentheses). that one does not heal through spilling blood, as we have stated there¹²⁸Mishnah Ahilut7:6. The Mishnah states that if a child during childbirth endangers the life of the mother one saves the mother’s life by cutting the fetus into pieces. But if head and part of the body are already born so that the baby breathes on his own one may not harm him. Maimonides in his Mishnah Commentary notes “all this is obvious and does not need commentary.”: “If most of his body was outside one does not touch him,” we suspect that he will live¹²⁹Even though the baby might be stillborn (this includes the possibility that he might not live for a full thirty days after birth, in which case a person killing the baby could not be prosecuted for murder), if actually he is breathing on his own he must be treated as certainly being alive., “for one does not push aside one life before another life.” Not only if one would say, kill this person, but even if he tell him, injure that person. A Gentile against a Gentile, a Gentile against a Jew, is liable¹³⁰Is prosecutable in a Jewish court.. A Jew against a Gentile is not liable¹³¹Is not prosecutable by biblical rules, only by the king’s police powers (cf. Sanhedrin6:5 Note 75).. Rav Ḥisda asked, may one save the life of an adult with the life of a minor? Rebbi Jeremiah objected, did we not state, “If most of his body was outside one does not touch him, for one does not push aside one life before another life”? Rebbi Yose ben Rebbi Abun in the name of Rebbi Levi:¹³²In Šabbat: Rav Ḥisda. There it is different for it is not known who is endangering whom.

The following is obvious: A murderer who broke vessels or otherwise caused damage is liable to pay¹⁰²Since no crime can be punished more than once (Terumot 7:1 Notes 3–73, Ketubot3:1 Note 29; Babli Ketubot 32b, Bava qamma 36a, Makkot 7b, 13b), any damage done during the commission of a crime cannot be recovered from the criminal. Any damage caused before and after the crime has been committed can be recovered. The only question, the subject of the next two sentences, is whether the pursuit of the victim is part of the crime and protects the murderer from damage claims or not.. If he continued to break until he came to the town, Rebbi Zeˋira and Rebbi Hoshaia: One said, he pays, the other said, he does not pay. If the pursuer becomes the pursued, may one save the pursuer through the person of the pursued¹⁰³If the intended victim gets hold of a weapon and turns against the agressor, is there any cause for the uninvolved to act? The question is not answered.? An adult (who became)¹⁰⁴From the following text it seems clear that one has to read: If an adult was pursued by a minor, may one save the adult through the minor’s life? In a parallel text, Šabbat 14 (14d l. 67), the question is attributed to Rav Hisda, mentioned later here also. a minor, may one save the adult through the person of the minor? Rebbi Jeremiah objected, did we not state¹⁰⁵Mishnah Ahilut 7:6. If the life of the mother is endangered during childbirth, the attendants must kill the fetus by cutting it into pieces and removing it. But if head and torso are already outside, so that the baby is breathing on his own, he cannot be killed even if he is endangering his mother’s life. This is a case of a minor pursuing an adult.: “If his head and most of his body were born, one does not touch him, for one does not push aside one life for another.” Rebbi Yose ben Rebbi Abun said in the name of Rav Ḥisda: It is different there since you do not know who is killing whom¹⁰⁶Since the life of the baby is equally endangered, one cannot conclude that a minor intent on murder may not be killed by bystanders..