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JUDAICA - Wisdom In Torah

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metabolism. He contributed, with G. Schmidt, to Handbuch<br />

der biologischen Arbeitsmethoden (1921–39) and edited, with<br />

others, Handbuch der normalen undpathologischen Physiologie<br />

(6 vols., 1925–29).<br />

[George H. Fried]<br />

EMBER, AARON (1878–1926), U.S. Orientalist and Egyptologist.<br />

Born in Kovno, Lithuania, Ember migrated to the U.S.<br />

in 1891. From 1904 to 1910 he worked as a fellow of Semitics<br />

at Johns Hopkins University and from 1911 was assistant professor<br />

(professor 1924) in its Semitics department. His studies<br />

in Ancient Egyptian, Assyrian, Arabic, and Ethiopic led him<br />

to seek an earlier form of proto-Semitic in Egyptian, which<br />

he came to regard as the oldest Semitic language. He died as<br />

a result of a fire in his house in which his wife and child also<br />

perished. His papers, which were partially destroyed, were<br />

partly published by Cyrus Adler in the Paul Haupt Anniversary<br />

Volume (1926), in a chapter entitled “Partial Assimilation<br />

in Old Egyptian” (pp. 300–12), where Ember discussed the<br />

phonological relationship of Egyptian to Semitic languages<br />

and his theory that abstract terms developed from a concrete<br />

basis. The book also includes a biographical sketch of Ember.<br />

<strong>In</strong> 1930 a manuscript that survived the fire was published as<br />

A. Ember, Egypto-Semitic Studies. Its publication was due in<br />

large part to the efforts of Ember’s former teacher, the great<br />

Egyptologist Kurt Sethe of Berlin. Ember took an active part<br />

in the Jewish community of Baltimore. For many years he was<br />

a director of the Baltimore Talmud <strong>Torah</strong> and of the Isaac Davidson<br />

School and helped to found the Jewish Public Library<br />

there. He was also an ardent Zionist and assisted the Hebrew<br />

University Library, Jerusalem.<br />

Bibliography: H. Loewe, Aaron Ember (Ger., 1926); K.<br />

Sethe, in: Zeitschrift fuer aegyptische Sprache und Altertumskunde, 4<br />

(1926), 130–1. Add. Bibliography: O. Sellers, in: AJSL, 50 (1934),<br />

109–10.<br />

EMBRYO (Heb. רָ ּבֻ ע, ubbar), a child in the womb of its mother<br />

before its head emerges (Sanh. 72b; Sh. Ar., ḤM 425:2), the Hebrew<br />

ubbar meaning the unborn child in both the embryonic<br />

and fetal stages. Generally speaking, an embryo is incapable of<br />

having legal rights or duties, although there are various rules<br />

intended to protect its rights when born, and to prevent uncertainty<br />

with regard to its status.<br />

Determining the Identity of the Embryo<br />

A widow or divorced woman must not remarry until 90 days<br />

after the death of her husband or after her divorce (Sh. Ar., EH<br />

13:1; see *Marriages, Prohibited). The reason for this prohibition<br />

is to remove any doubt should she immediately become<br />

pregnant from her second husband, as to whether the child<br />

she bears is a nine-month child of the first, or a seven-month<br />

child of the second, a doubt which might seriously affect its<br />

personal status (Yev. 41a–42a; and Codes).<br />

Mother or Embryo<br />

Who Takes Precedence? On the question of whether an em-<br />

embryo<br />

bryo may be killed in order to save its mother in the case of a<br />

difficult confinement, see *Abortion.<br />

Parentage<br />

Generally, the same laws that apply in determining the parentage<br />

of a born child and the capacity of the mother or her<br />

husband to deprive it of its status apply to the embryo; see<br />

*Mamzer; Parent and *Child.<br />

Levirate Marriage or Ḥliẓah of a Pregnant Woman<br />

If a woman was pregnant when her husband died and the<br />

child is subsequently born alive, she is exempt from levirate<br />

marriage or ḥaliẓah (Sh. Ar., EH 156:4; see *Levirate Marriage<br />

and Ḥaliẓah).<br />

Proselytization<br />

For the status of a child born after its mother became a proselyte<br />

while pregnant with it see *Proselyte.<br />

Succession<br />

An embryo is incapable of acquiring rights, for only a person<br />

born can possess rights. Accordingly, if an embryo dies in<br />

its mother’s womb, it does not leave the right of succession,<br />

to which it would have been entitled had it been alive when<br />

the deceased died, to those who would have been its heirs<br />

had it been born alive when the deceased died. <strong>In</strong>stead, such<br />

right of succession passes to the heirs of the deceased as if<br />

the embryo had never existed (BB 142a; Nid. 44a; and Codes,<br />

Rif to Yev. 67a). There is a contrary opinion, however, to the<br />

effect that intestate succession being automatic, the embryo<br />

does acquire it (Piskei ha-Rosh to Yev. 67a; see Tur, ḥM 210).<br />

All agree, however, that a child born alive after the death<br />

of its father inherits its father as though it had been alive<br />

when he died (Rif, Ritba, to Yev. 67a, Beit Yosef and Bah to Tur<br />

and Sh. Ar. loc. cit.; see Ḥiddushei Ḥayyim ha-Levi to Yad,<br />

Terumot 8:4). Hence, an embryo that is born after the death<br />

of the deceased, even if it dies the day it is born, leaves the<br />

right of succession (after its mother) to its heirs on its father’s<br />

side, but not to those on its mother’s side – who would have<br />

inherited had the embryo died in her womb (Tur and Sh.<br />

Ar., ḥM 276:5). Only in respect of the special rights due to a<br />

firstborn son is a child born after the death of his father not<br />

of equal status with one already born when the father dies.<br />

Thus, if twins are born, the first one will not be entitled to<br />

the additional share in the father’s estate due to the firstborn<br />

(see *Firstborn), since the <strong>Torah</strong> states of the primogenitary<br />

right, “If they have borne him children …” (Deut. 21:15), i.e.,<br />

only a firstborn alive when the father dies, but not an embryo,<br />

is entitled to the (additional) primogenitary share (BB<br />

142b, and Codes).<br />

A will in favor of the embryo of another has no validity,<br />

even if the embryo is born alive, since no rights can be conferred<br />

upon one not yet born (BB 141b–142; Piskei ha-Rosh to<br />

Yev. 67a; Sh. Ar., ḥM 210:1). However, when a man whose wife<br />

is pregnant makes a will in favor of his own embryo whether<br />

it be a will of a person being on his deathbed (shekhiv me-ra)<br />

or of a person regarded as being in health (bari) (see *Wills) –<br />

ENCYCLOPAEDIA <strong>JUDAICA</strong>, Second Edition, Volume 6 391

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