has been lying in wait for him and pricks him in his side in order to kill him (1).
“Or if he sneezes, cries, suckles, or breathes for a prolonged period; or if some indication of his life is found other than mere movement or convulsion. But if part of him emerges, he cries, then dies and subsequently comes out, he does not inherit.”
His statement, “Or if he sneezes,” means that if he sneezes, this indicates that he is alive, because the fetus cannot sneeze without life.
His statement, “Or if he cries”: the difference between istahalla (he gives a cry at birth) and crying is that crying is gentle and soft, not a loud cry.
His statement, “Or suckles or breathes,” means: we hear him breathing, or sighing.
His statement, “And breathes for a prolonged period”: as for very faint breathing followed shortly by death, this does not indicate fully established life.
His statement, “Or if some indication of his life is found,” means any indication. The examples mentioned by the author fall under the phrase, “an indication of his life”; thus, this is a case of conjoining the general to the specific.
His statement, “Other than mere movement or convulsion”: slight movement does not indicate life. Convulsion means agitation, because this does not indicate that life has become established.
His statement, “But if part of him emerges, he cries, then dies and subsequently comes out, he does not inherit”: part of him emerges and he cries, but the delivery becomes difficult, so he dies and comes out; then he does not