May these words of Torah serve as a merit le’iluy nishmat Menachem Mendel ben Harav Yoel David Balk, a”h, and Meira Chaya Nechama Bracha, a”h, bat Reb David Mordechai Fishel, sheyichyeh.
This week we learned Temurah 10. These are some highlights.
Does a fetus need its own chicken for kaparot on Erev Yom Kippur?
On the eve of Yom Kippur, Ashkenazic Jews have a custom of kaparot. A man takes a male chicken while a woman takes a female chicken, and the individual declares that his or her sins should be expiated. The chicken should go to death and the person should merit life (Rama Orach Chaim 605:1). What is a pregnant woman to do? Does she take one chicken or two chickens as kaparot?
Rama rules that a pregnant woman takes two chickens, a male and a female. She takes the female for herself, and the male for the possibility that her fetus is a male. Gra asks, “A pregnant woman should have to use three chickens, a female for herself, a male for the possibility that the fetus is male, and a female for the possibility that the fetus is female. Why is the custom that she only uses two chickens?”
Gra provides an answer based on our Gemara. Our Gemara teaches that according to one view, ubar yerech imo—a fetus is a limb of the mother. A pregnant woman is considered, in all areas of Jewish law, a single persona. In other words, the fetus is an extension of her. Using the female chicken for herself is sufficient for her female fetus organ. If the fetus is male, she would require a male chicken for the male body part that is the fetus. If the fetus is female, and since the fetus is a part of her, the female chicken is sufficient for her and her fetus.
Magein Avraham writes that the reason the mother does not need to use two female chickens is that even if she is pregnant with a girl, a single chicken may serve as an atonement for two separate individuals. Gra disagrees with the Magein Avraham. According to Gra, a gifted sacrifice, korban nedavah, may be offered by multiple people. A sacrifice for atonement, korban kaparah, such as a sin offering, may only be applied to one individual. Kaparot are likened to sacrifices of atonement, one chicken per person receiving atonement.
Torat Hayoledet derives another law from the Gra’s comments. While reciting a Mi Shebeirach prayer for a pregnant woman, should we add a prayer for the fetus? Should we ask that Hashem send healing la’ishah ule’ubarah or should we only ask that Hashem send healing la’ishah? According to the Gra, we should refrain from doing so since the fetus is part of the mother. The prayer for the mother encompasses a plea for the fetus. Just as a single hen is a suitable kaparah for the entire pregnant woman, a single prayer is a fitting plea for the entire pregnant woman. Rav Chaim Pinchas Scheinberg disagreed and felt that when reciting a Mi Shebeirach for a difficult pregnancy we should explicitly mention the fetus. The Mi Shebeirach is a prayer about the future; we ask that hu yerapei—He will heal. Even if now the fetus is part of the mother, soon the fetus will come out and be its own person and therefore the fetus deserves specific prayer. Torat Hayoledet concludes that the common custom is to pray specifically for the fetus and not to subsume the request in the prayer for the mother. (Mesivta)
By Rabbi Zev Reichman
Rabbi Zev Reichman teaches Daf Yomi in his shul, East Hill Synagogue.
