[Avodah] Shapiro Gives Fiery, Unprecedented Assault On Abortion On His Fox News Special

Micha Berger micha at aishdas.org
Mon Oct 15 09:01:31 PDT 2018

On Mon, Oct 15, 2018 at 11:50:59AM -0400, Micha Berger via Avodah wrote:
: The Bach makes the Rambam conclude like Rashi, which I think the
: contrast of halakhah 9 forces you to without the Bach. The Rambam
: cites the kelal of "ein dochin" only in the 2nd case. Why?

The Arukh laNeir (Sanhedrin 72b) writes that the chiluq is that in the
second case we cannot isolate whether the child (once crowned) is the
mother's rodeif, or the other way around.

The IM (CM 2:69) writes similarly.

But neither deal with the Bach's question of how that means "ein dochin"
is the principle in particular invoked to explain why we cannot kill
the baby after crowning, but not the fetus a moment before.

Also, how is it true that we always know before crowning that it's
the fetus in the mother's way, but if the head is partly out, we don't?
Balebatishe question.... Let's say it's the umbilical cord vs the mother's
blood loss -- does that dynamic change with crowning?

But in any case, my point was that the Bach means that we cannot say as
a certainty that there is a machloqes between Rashi and the Rambam about
whether a velad is a person. Just that some acharonim take him to say so.

And once you look at acharonim, variants on the theme that is definitely
Rashi's abound.

Tir'u baTov!

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