Can a Tereifah Have Children?

The Gemora cites a braisa (Daf Yomi: Gittin 43a) : If an ox kills one who is a half-slave, half-free man, the (ox) owner gives half the fine (if the ox is a habitual gorer, the owner must pay thirty shekels as a penalty) to his master and half the kofer payment (the value of the victim as determined by what price he would have fetched at the slave market; this serves as an atonement for the owner of the ox) to the slave’s heirs. The Gemora points out that if the kiddushin of a half-slave, half-free man is invalid, how does he have inheritors?

Rav Adda bar Ahavah answers: The case is where he was gored and made a tereifah (deathly ill, where he was going to eventually die from his wounds). The “inheritors” referred to here actually means to the slave himself.

Rava retorted that there are two reasons to refute this answer. One is that the braisa says the money is given to his inheritors (not himself). Additionally, the payment is kofer, and Rish Lakish says that kofer is only paid after an actual death (not when someone is made deathly ill)!

The Peri Chadash asks: Why couldn’t the Gemora use the following case? He was gored and rendered a tereifah. The ox owner is required to pay the penalty after he dies. Before he died, however, the master emancipated him, he married and begot children. Afterwards, he died, and the ox owner should now be obligated to pay to his heirs!?

He proves from this that it must be that a tereifah is not capable of having children.

The Chazon Ish asks that even if we will assume that a tereifah cannot have children, there is another possibility. He was gored and injured so badly that he was dangerously close to death (yet he was not ruled to be a tereifah). The ox owner is required to pay the penalty after he dies. Before he died, however, the master emancipated him, he married and begot children. Afterwards, he died due to the injury, and the ox owner should now be obligated to pay to his heirs!?

He answers that a slave has no lineage, and therefore any children born from him while he was a slave are not regarded as his children. After he is emancipated, and now his children are considered his children, that is only for all matters that are applicable after his death. However, with respect to the obligation of the kofer payment, that is a payment that is owed to the victim’s heirs. If, at the time he was gored, he did not have any inheritors, the owner will not be obligated to pay to the heirs that came about at a later date.

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Son, but not a Daughter

The Mishna (Daf Yomi: Nazir 13a): If someone says: “I will be a nazir when I will have a son,” he becomes a nazir when he has a son. If he has a daughter, or a tumtum (no signs of gender), or an androgynous (signs of both genders), he does not become a nazir.

Tosfos explains: He declares the nezirus in this manner as a way of thanking Hashem for providing him with a son.

The Beis Yosef explains that according to Tosfos, it is understandable why the Mishna said “a son,” and not “a daughter,” for otherwise, we would have said that the Mishna was not precise with its wording.

The Mabit (1:120) adds that if he would have a daughter, he would not be a nazir, for he is saddened that he had a daughter and not a son. In general though, a daughter would be included when he says, “a son.”

The Meiri writes that the explanation of the Mishna is as follows: Even though the word “son” connotes any child, and not necessarily a son, but its primary meaning suggests a male child.

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Daughter, not a Tumtum

The Mishna (Daf Yomi: Nazir 13a)states: If someone says: “I will be a nazir when I will have a son,” he becomes a nazir when he has a son. If he has a daughter, or a tumtum (no signs of gender), or an androgynous (signs of both genders), he does not become a nazir.

Tosfos explains that he does not regard a tumtum or an androgynous as his son.

The Maaseh Rokeach wonders what would be the halacha if he said, “I will be a nazir when I will have a daughter,” and he has a daughter, or a tumtum, or an androgynous. Do we say that he is not a nazir, for his condition was not met? Or perhaps, he will be a nazir, for when he said “a daughter,” he meant “when he will be built up,” and he is considered “built” with a son, tumtum or androgynous. Although the Gemora said that he does not mean, “when he will be built up,” perhaps that is only when he declared to be a nazir on the condition that he will have a son, but if he said, “when I will have a daughter,” perhaps they would be included, for it changed for the better (when his wife gives birth to a son)?

The Keren Orah writes that whether he says, “when I will have a son” or if he says, “when I will have a daughter,” a tumtum will not be included. Even if he says, “I will be a nazir when I have a son or a daughter,” and his wife gives birth to a tumtum or an androgynous, he will not be a nazir.

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Supporting your Children (scroll to the bottom to see Reb Moshe's opinion)

The Mishna (Kesuvos 49a) states: A father is not obligated to provide food for his daughter. This teaching Rabbi Elazar ben Azaryah taught in front of the sages in Kerem Be’Yavneh: The sons should inherit and the daughters should be supported. Just as sons only inherit after their father dies, so too daughters should only be supported after their father dies.

The Gemora comments: This implies that he is not obligated in supporting his daughters, while he is obligated to support his sons. Additionally, it implies that there is no obligation to support one’s daughter but there is a mitzva to do so.

The Gemora asks: Who is the author of our Mishna? It does not seem to be Rabbi Meir, Rabbi Yehuda, or Rabbi Yochanan ben Berokah, as we shall see from the following Beraisa.

The Beraisa states that it is a mitzva to support girls, and certainly sons who learn Torah. These are the words of Rabbi Meir. Rabbi Yehuda says that it is a mitzva to support sons, and certainly daughters, as it is degrading for the girls. Rabbi Yochanan ben Beroka says that it is an obligation to support girls after the father dies, but both (girls and boys) do not have to be supported during the father’s lifetime.

Who is the author of our Mishna? It is difficult to say that it follows Rabbi Meir's opinion, as he says it is only a mitzva (not obligation) to support boys. It is difficult to say it follows Rabbi Yehuda's opinion, as he says that boys are also a mitzva. It is difficult to say it follows Rabbi Yochanan ben Beroka's opinion, as he says it is only a mitzva to support boys after the father dies.

The Gemora answers that the author could be any of these three Tanaim. Our Mishna could be Rabbi Meir, and it would read as follows: A father is not obligated to support his daughter and similarly his son, but there is a mitzva to support one’s daughter and certainly his son. Why did it only say “daughter” in the Mishna? This teaches us that it is even a mitzva to support a daughter (though she does not learn Torah), but it is not obligatory.

Alternatively, the Gemora answers that it could also be Rabbi Yehuda. The Mishna would read as follows: A father is not obligated to support a daughter and certainly a son, but it is a mitzva to support a son and certainly a daughter. Why does the Mishna only discuss a son? This teaches us that there is no obligation to support one's children, even regarding a daughter.

Alternatively, the Gemora answers that it could also be Rabbi Yochanan ben Beroka. The Mishna would read as follows: A father is not obligated to support a daughter or a son, and it is not even a mitzva to do so. The Mishna only used the term “obligation” (not to imply it is a mitzva, but rather) because there is an obligation to support daughters after their father dies.

Rabbi Ila said in the name of Reish Lakish in the name of Rabbi Yehuda bar Chanina: In Usha they decreed that a person must support his sons and daughters when they are minors.

The Gemora inquires: Does the halachah follow this decree or not? We can answer this from Rav Yehuda, who would tell people who came before him with this question, “The alligator has children, and throws them on the people of the city?!” [This implies that he would tell people they should do so, but not enforce it.] Rav Chisda would tell people who came before him: “Turn over a grinder in public stand on top of it and say: “a raven feeds its kin, and this person does not want to do so!”

The Gemora asks, does a raven indeed feed its kin? Doesn’t the passuk say “He feeds the sons of the raven who call out to Him?” This is not difficult, for the passuk is talking about the white ravens babies, while Rav Chisda meant the older black raven children (see Rashi).

When people would come before Rava, he would say: “Are you happy that your children should be supported from charity?” All of this is only referring to a case where the person is not wealthy. If he is wealthy, we force him to support his children. This is as in the case where Rava forced Rav Nasan bar Ami (regarding giving proper amounts of charity), and took from him four hundred zuz (type of coin) for charity.

Tosfos comments: If one has children less than six years old, he has an obligation to feed them, and it is enforceable. It would seem that this is a Rabbinical obligation.

Reb Moshe Feinstein in his sefer Dibros Moshe on Gittin (fourth perek; heora 83)writes the following novel halacha: If one has only one son and only one daughter, he is halachically required to support them. His reasoning is as follows: There is a mitzva of procreation. We hold according to Rabbi Yochanan, who states that if one has children and they die, he has not fulfilled his mitzva of procreation. Accordingly, if one does not sustain his children and they consequently die, he will be lacking his mitzva of peru u'revu. It is therefore incumbent upon him to be concerned about the welfare of these children; not necessarily for their sake, but for his mitzva.

He adds: When the Mishna says that one is not obligated to sustain his children, that is only if he has more than one son and one daughter. He concludes that he is bewildered why none of the poskim rule accordingly.

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