If one gives a gift to an unborn child, while it is a fetus, Rav Huna rules that the gift is not acquired. Rav Nachman holds that one can give a gift if they say, “I am giving this gift when the baby is born.” Rav Sheshet holds that a fetus can acquire items in all cases and brings a braita to support his position. Abaye and Rava each provide different explanations for the ruling in braita to show that it does not necessarily prove Rav Sheshet’s position. The Gemara brings a Mishna in Nidda 44a to reject Rav Sheshet’s opinion. But this is dismissed as Rav Sheshet himself explained the Mishna as referring to a particular case, without ramifications for this debate. Another explanation of that Mishna is brought in the name of Rava can also resolve the difficulty raised against Rav Sheshet.
Rabbi Yochanan holds that in most situations, a gift given to an unborn fetus is not effective, but our Mishna is an exception to the rule as a father feels a closeness to an unborn child and it can therefore effectively transfer ownership of the gift to the fetus. The Gemara rules like Rabbi Yochanan.
A case is brought where a man promised his wife that the sons she would have with him in the future would inherit all of his property, excluding his sons from a previous wife. When the son of the other wife complained, the father promised him a portion with his future brothers. The rabbis were split about whether or not that son would receive an extra portion when the inheritance was later divided between him and the other sons. Those who hold he does not deserve an extra portion claim that the promise was that he would get a portion like his unborn brother, but since the father cannot give them a portion at that point, as they were unborn, the statement was meaningless.
