EPISODE · Aug 24, 2026 · 4 MIN
Yevamos 98b Who Is the Mother? — Does Motherhood Begin at Birth? Part 2
from Lomdus On The Amud: Following The Oraysa Schedule · host Moshe Niehaus
In this episode, we continue our exploration of one of the most fascinating modern questions in halacha: when one woman provides the egg and another carries and gives birth to the child, who is considered the halachic mother?We begin with the Gemara in Bechoros 21b and the famous concept that before forty days the developing fetus is considered “מיא בעלמא” — “mere water.” Could that suggest that motherhood has not yet been halachically established at conception?From there, we turn to the central source in our discussion: Yevamos 97b. The Gemara discusses twins whose conception occurred before their mother converted but whose birth occurred afterward — “הורתן שלא בקדושה ולידתן בקדושה.” Despite their conception taking place while their mother was still non-Jewish, their birth after conversion creates a halachically significant maternal relationship.Could this be evidence that maternal yichus is established specifically through birth?We then examine the remarkable Gemara in Megillah 13a concerning Esther, together with Rashi and the Beis HaOtzar, which appears to draw a striking distinction: fatherhood may begin at conception, while motherhood may only become fully established at birth.These sources build a powerful argument that the woman who gives birth is the halachic mother. But just as that conclusion begins to look convincing, Rabbi Akiva Eiger introduces a source that may turn the entire discussion upside down.
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Yevamos 98b Who Is the Mother? — Does Motherhood Begin at Birth? Part 2
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