Bekhorot 20a — the Talmud in English

It is clear

[the clear answer is]:

Rabbi Yishmael holds like Rabbi Meir, that he is concerned for the minority,

and therefore even a goat that gave birth after its year has an offspring that is a doubtful firstborn.

Ravina said

to resolve the view of Rabbi Yishmael:

Even if you say the Rabbis,

Rabbi Yishmael consistently holds like the Rabbis, but nevertheless one should not follow here the majority of animals that become pregnant and give birth within their year, because

when the Rabbis follow the majority, it is with a majority that does not depend on an act,

such as a eunuch and an ailonit,

but a majority that depends on an act,

such as pregnancy, which depends on the act of mating, and there is concern lest no male mounted it,

they do not

follow the majority.

The Sages taught: A goat in its first year

that gave birth to a male, the offspring is

certainly

a firstborn, and he shall give it

to the priest. From

the age of one year

and thereafter,

it is

a doubtful

firstborn.

A ewe

that gave birth while it was

two years old,

before it completed two years, the offspring is

certainly

a firstborn, and he shall give it

to the priest. From that point onward—

a doubt.

A cow three years old,

before it completed three years, its offspring is

certainly

a firstborn, and he shall give it

to the priest; from that point onward—

a doubt.

And

a donkey

its time for its first birth is

like a cow,

and all this is according to Rabbi Yishmael of our Mishna.

Rabbi Yosei son of Rabbi Yehuda says: A donkey is four years old

and not three, and during this period it certainly did not give birth.

Thus far are the words of Rabbi Yishmael.

And

when these words

were stated

before Rabbi Yehoshua, he said to them: Go and say to Yishmael: You have erred! If by

the birth of a

complete offspring

alone

the animal becomes exempt

from firstborn status—so that only the offspring born after the birth of a complete offspring is not a firstborn—then indeed it

would be as you say,

that it is possible to determine whether the animal had given birth previously according to the animal’s present age.

But,

behold,

the Sages said

:

The sign of offspring in a small animal—

a discharge,

for if it had a discharge, even within this period, the offspring born after the discharge is not a firstborn.

And in

an animal

of large species

there is a sign of offspring that exempts it from firstborn status even within this period, if

a placenta emerged from it. And in a woman—

a fetus and a placenta,

and this is like the words of Rabbi Akiva in our Mishna.

Rabbi Yehoshua added and said:

And I do not say so,

I do not challenge Rabbi Yishmael’s words with this wording of the Sages, although I too indeed received [“concluded”] this from my teachers in this wording,

but

this is how I challenge his words [that is, I hold differently from them, and on the basis of my reasoning I challenge his words]:

A goat that had a discharge at six

months, sometimes

gives birth

further

within its year.

For if it had a discharge in the seventh month and afterward, after five months, gave birth to a viable offspring, it is exempt from firstborn status because of its discharge in the seventh month. If so, concerning a goat that one purchased in its first year, there is no certainty that it had not had a discharge earlier while in the possession of the gentile.

And

a ewe that miscarried at one year gives birth within two,

and likewise with a cow and a donkey. And if so, it is impossible to establish a time at which the offspring is not a doubtful firstborn.

Rabbi Akiva said: I have not attained this measure,

I do not know whether she miscarries at the end of six months or not,

but

this is what I hold:

Every one known to have already given birth has nothing here for the priest. And every one that

certainly

has not yet given birth, this one is for the priest.

And if

it is doubtful

whether she has already given birth, as it is not known whether she miscarried or not,

it shall be eaten in its blemish by the owners—

And in the continuation of the discussion, the words of each one are explained.

And the Gemara asks:

Regarding what do Rabbi Yishmael

who is not concerned about a miscarriage in the possession of a gentile

and Rabbi Yehoshua

who is concerned about this

disagree? Let us say: Do they disagree

whether a miscarriage is considered a birth of offspring, exempting the womb so that what comes after it is not considered a firstborn

?

D

Rabbi Yishmael holds: A miscarriage does not exempt, and Rabbi Yehoshua holds: A miscarriage exempts?

The Gemara rejects this:

If we saw that she miscarried

[if we were to see that she miscarried]

everyone agrees that a miscarriage exempts. And here, they disagree regarding concern,

whether one must be concerned

for a miscarriage:

Rabbi Yishmael holds: We are not concerned for a miscarriage,

because the majority of animals do not miscarry, and therefore, when a goat gives birth within its year, the offspring is certainly a firstborn.

And Rabbi Yehoshua holds: We are concerned for a miscarriage.

And we raise an objection against this:

A

s

is Rabbi Yishmael not concerned

for the minority that miscarry!?

But did Rava not say

above:

“It is clear: Rabbi Yishmael holds like Rabbi Meir, who is concerned for the minority”!?

And we answer:

Rabbi Yishmael is concerned

for the minority only when the minority is

to stringency,

as in the case that we said above, that even one that gives birth after its year has passed, its offspring is a doubtful firstborn, because perhaps it belongs to the minority that do not give birth within their year—

But

to leniency,

as in our case, where she gave birth within her year, so that we would be concerned for the minority that miscarry and make it a doubtful firstborn rather than a certain firstborn,

he is not concerned

Rabbi Yishmael.

And if you wish, say:

in truth,

whether to leniency or to stringency, he is concerned

Rabbi Yishmael for the minority—

And here, they disagree regarding one that miscarries and then gives birth again within its year

[within a year from the time it was born],

they disagree:

For Rabbi Yishmael holds: One that miscarries does not give birth again within its year; and this one,

a goat that gave birth within its year,

since it gave birth,

we know that

it certainly did not miscarry,

and it is certainly a firstborn.

And Rabbi Yehoshua holds: One that miscarries does give birth again within its year,

and therefore we are concerned that it miscarried, and the offspring born while in the possession of the Israelite is only a doubtful firstborn.

The Gemara adds to explain what Rabbi Yehoshua said:

“And I do not say so; rather, a goat that miscarried

when it is

six

months

gives birth within its year. A ewe that miscarried at one year gives birth within two.”

A ewe that miscarried at one year gives birth within two:

And the Gemara asks:

What difference is there between “

his received tradition”

[that is, what Rabbi Yehoshua initially said, as he received it from his teachers]

and “his reasoning”

[what he said in the name of his own reasoning]? For both according to this and according to that, we are concerned for a miscarriage, and we hold that one that miscarries gives birth again within its year, and this is not a certain firstborn but a doubtful firstborn?

The gestation period of a goat is five months from day to day.

And we explain: the practical difference is

for example, when she miscarried at the end of six months.

That is, if we knew that she had not miscarried within six months, and necessarily, if she miscarried, she miscarried only when she was already at the end of six months from her birth, that is, on the first day of the seventh month,

and gave birth within its year,

whether the offspring is a firstborn or is not a firstborn.

That is, Rabbi Yehoshua himself said, “One that miscarried at six months gives birth within its year,” and for this reason the offspring is not a firstborn. But Rabbi Yehoshua according to “his received tradition” did not mention a miscarriage at this age. Indeed, they disagree regarding this, and according to Rabbi Yehoshua according to “his received tradition,” even if she miscarried at the end of six months and gave birth within her year, the offspring is a firstborn, for we hold that the miscarriage was not a complete miscarriage. And the foundation of their dispute regarding this detail is explained in three ways:

The first approach:

And the difference between them,

between “his received tradition” and “his reasoning,” is the statement

of Zeiri.

For Zeiri said: There is no miscarriage of less than thirty days.

That is, the animal does not receive a male until thirty days have passed from the miscarriage.

According to “his received tradition,”

which did not mention a miscarriage,

he holds the view of Zeiri.

And since she gave birth within her year, and her gestation period is five complete months, it necessarily follows that she conceived within thirty days of the miscarriage that occurred at the beginning of the seventh month from her birth; and since she received a male within thirty days, this is not a complete miscarriage that exempts the womb, and what comes after it is a firstborn.

According to “his reasoning”: he does not hold the view of Zeiri,

and she receives a male even within thirty days of the miscarriage; therefore, even if she miscarried after six months and gave birth within her year, it is not a firstborn.

The second approach:

And if you wish, say: everyone holds the view of Zeiri,

and it is impossible for her to conceive within thirty days of a complete miscarriage,

and here: they disagree regarding one that gives birth at intervals

[before the fifth month of its pregnancy has been completed]

: