The gemara assumes that if the fetus has a portion in the inheritance, the slaves would not be able to eat terumah since the fetus either has a din of a zar, or a gezeiras hakasuv that until he is born he can't feed terumah to the slaves. It is not so clear why the slaves can't eat: Is it bec. the fetus owns a portion in the estate, and therefore pasuls each and every slave from eating Terumah, or is it because the fetus owns a portion of the slaves and we are not sure which one so out of doubt we can't feed any of them terumah? Rashi (d.h. chelko shel ubar) seems to explain the second way, which implies that we say breirah even midoraysa, so which ever slave ends up by the fetus after the split, is the only slave that can't eat. But, until the split we are concerned that each slave is the portion of the fetus and therefore none of them can eat terumah.
Now, if we would know the fetus is male (sonogram), then even acc. to r' shimon b' yochai who is not concerned for the mi'ut, the fetus would definitely have a portion so the slaves could not eat teruma. But, based on rashi we should say that since most of the slaves belong to the live brothers, and only a mi'ut belong to the ubar i.e. 4 live brothers, 1 ubar, 5 slaves; we should be able to feed terumah to 4 out of the 5 slaves since on each of them there is a rov saying that he will belong to the live brother?
4 comments:
דבר שיש לו מתירין
interesting. but if this would be considered yeish lo matirin, then why acc. to r' shimon b' yochai should we go after rov that the ubar is not male, and allow the living boys to feed the slaves terumah, we should say it is yeish lo matirin by the child being born?
Clearly, it is not considered yeish lo matirin. the reason is like the sevara of tzlach that only when there is an issur achila on a particular food is it yeish lo matirin, since it can only be eaten once. but the avadim's ability to eat teruma later is not considered yeish lo matirin, since the eating can be done many times and they loose out on the eating of NOW.
agreed.
check minchas chinuch 280:5 where he discusses your shaila, and he cites pnei yehoshua who compares our mishna with slave owned in partnership between yisroel and kohen
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