[Avodah] Is a Velad a Nefesh?

[Micha Berger]

Rashi (Sanhedrin 72b "yatza rosho") holds that a fetus "any time it
didn't go out to the air of the world, lav nefesh hu - so it is possible
to kill it and to save the mother".

Comparing the Rambam's ruling (Hil' Rotzeiach 1:9) where the velad that
didn't crown may be killed to save the mother "kerotzeiach" and the baby
who did crown did not, the Bach concludes that the Rambam holds similarly.

Which makes the gemara's comment (BB 123a) about this week's parashah
interesting. This is the famous aggadita about Yocheved being born as
they entered Mitzrayim. And this is enough to count her among (emph added)
"kol haNEFESH beis Yaaqov haba'ah Mitzraymah". (46:27, although the same
point could be made of the 33 nefesh descended from Leiah in v. 15.)

Notice that benei Yoseif are also counted. So, while the pasuq says
"haba'ah Mitzraymah", the travels of the unborn Yocheved isn't necessarily
one of the nefashos being counted. And Rashi (and maybe the Rambam)
would have to bedavqa say she wasn't, as she wasn't a "nefesh" yet. Just
that Yocheved (like Menasheh and Efrayim) ends up there.

Tir'u baTov!
-Micha

-- 
Micha Berger                 Never must we think that the Jewish element
http://www.aishdas.org/asp   in us could exist without the human element
Author: Widen Your Tent      or vice versa.
- https://amzn.to/2JRxnDF                   - Rabbi Samson Raphael Hirsch