A “walking” dead baby TB Shabbat 136

Today’s daf TB Shabbat 136 continues the discussion on the viability of newborn babies. If the baby died as a stillborn or within the first 30 days of life, it was not considered viable and no mourning rights for performed according to Rabbi Shimon ben Gamliel. “The Gemara cites a related baraita where it was taught that Rabban Shimon ben Gamliel says: With regard to people, any child that remains alive thirty days after birth is no longer suspected of being a stillborn, and is assumed to be a regular child who will go on living. Proof is cited from that which is stated with regard to the laws of redemption and valuations: “And their redemption, from a month old you shall redeem according to your valuation, five shekels of silver, according to the shekel of the Sanctuary; it is twenty gera” (Numbers 18:16), indicating that no value is ascribed to an infant less than a month old, as its viability is uncertain…” (Sefaria.org translation) The halakhah follows him.

We learned yesterday that in a doubtful case, the brit milah doesn’t override Shabbat. According to Rabban Shimon ben Gamliel all babies would who need a brit milah on Shabbat would fall in that category. Consequently, no brit milah would ever be allowed on Shabbat. “The Gemara raises a difficulty: And however, with regard to that which was taught in a baraita: If there is uncertainty whether he was born after seven months of pregnancy, and uncertainty whether he was born after eight months, one does not desecrate Shabbat on his behalf and circumcise him. The Gemara asks: Why? Let us circumcise him on Shabbat, as whichever way you look at it, that is appropriate. If he is a child that will live, the circumcisor may well circumcise the child, and if not, he is merely cutting the flesh of a corpse, which does not violate any Shabbat prohibitions. (No wound, one of the subcategories of the 39 prohibited labors, was created-gg) ” (Sefaria.org translation)

If the baby doesn’t reach his/her 30^th day, the baby was never considered viable. Consequently, no mourning rites are prescribed. A story is told to reinforce this halakhah. “The Gemara similarly relates that Rav Ashi happened to come to Rav Kahana’s house. A matter befell him, i.e., his child died within thirty days of its birth. Rav Ashi saw him and observed that he was sitting and mourning over him. He said to him: Doesn’t the Master hold in accordance with that which Rav Yehuda said that Shmuel said: The halakha is in accordance with Rabban Shimon ben Gamliel, that only a child who lived for thirty days is not considered stillborn? He said to him: I am certain that its months of gestation were completed and he is not to be considered a stillborn.” (Sefaria.org translation) If Rav Kahana wasn’t sure whether his child had completed Rabban Shimon ben Gamliel’s 30 day requirement, he would not have sat shiva.

Are people so different today than back in Talmudic times? I recognize that the mortality rate for newborn babies was so much greater than it is today, but didn’t parents mourn the loss of a stillborn or a baby less than 30 days old no less than any other child? I know that I did. Judy suffered a miscarriage. At that time I wasn’t aware of any ritual to help me deal with this loss. I remember I could only begin to speak about it a year later.

Today wise and empathetic rabbis have created rituals I wish I had at my time of distress and sorrow. Here is a wonderful example of a ritual to help parents of miscarriages or stillborns. https://www.ritualwell.org/ritual/grieving-ritual-following-miscarriage-or-stillbirth.