Bekhorot 20a (כ.) — 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 first year has an offspring of doubtful firstborn status.

Ravina said

to reconcile Rabbi Yishmael’s position:

Even if you say the Rabbis,

Rabbi Yishmael indeed holds like the Rabbis, but nevertheless here one does not follow the majority of animals that become pregnant and give birth during their first year, because

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

such as a eunuch or an ailonit,

but with regard to a majority that depends on an action,

such as conception, which depends on mating, and there is concern that perhaps no male mounted it,

they do not

follow the majority.

The Sages taught: A one-year-old goat

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 fetus is

certainly

a firstborn, and he shall give it

to the priest. From then onward—

a doubt.

A three-year-old cow,

before it completed three years, its fetus is

certainly

a firstborn, and he shall give it

to the priest; from then onward—

a doubt.

And

a donkey

its time for a first birth is

like that of a cow,

and all this follows Rabbi Yishmael, as stated in our Mishna.

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

not three, and during this period it certainly had not given birth.

This concludes the words of Rabbi Yishmael.

And

when these words

were

stated before Rabbi Yehoshua, he said to them: Go and tell Yishmael: You have erred! If only upon the

birth of a

complete offspring

alone

is the animal released

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

would be as you say,

and it would be possible to determine whether the animal had previously given birth by its present age.

But

behold,

the Sages said

:

The sign of an offspring in a small animal is

a discharge,

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

And in

an animal

of a large species,

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

an afterbirth emerges from it. And in a woman—

a fetus and an afterbirth,

as Rabbi Akiva says in our Mishna.

Rabbi Yehoshua added and said:

And I do not say so,

I do not challenge Rabbi Yishmael’s words using this formulation of the Sages, although I too received [“completed my learning”] this formulation from my teachers,

rather,

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 of age sometimes

gives birth

again

within its first year.

For if it had a discharge in the seventh month, and afterward, after five months, gave birth to a viable offspring, that offspring is exempt from firstborn status because of the discharge in the seventh month. If so, regarding a goat purchased when it was one year old, there is no necessity to conclude that it had not previously had a discharge while in the gentile’s possession.

And

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

and the same applies to a cow and a donkey. And if so, it is impossible to establish a time at which the offspring is certainly not a safek bekhor.

Rabbi Akiva said: I have not attained this measure of knowledge,

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

Rather,

this is what I hold:

Any animal known to have already given birth has nothing here for the priest. And any animal that

certainly

has not previously given birth, this one belongs to the priest.

And if it is a

safek

whether it has previously given birth, since it is not known whether it miscarried or not,

it may be eaten in its blemished state by its owners—

And in the continuation of the discussion, the statements of each of them are explained.

The Gemara asks:

With regard to what do Rabbi Yishmael

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

and Rabbi Yehoshua

who is concerned about this, disagree?

Shall we say that they disagree with regard to whether a miscarriage exempts,

that is, whether a miscarriage is considered like the birth of offspring, so that it exempts the womb and anything born afterward is not considered a firstborn

?

Or

does Rabbi Yishmael hold that a miscarriage does not exempt, whereas Rabbi Yehoshua holds that a miscarriage does exempt?

The Gemara rejects this:

If we saw that she had miscarried,

if we had seen that she had miscarried,

everyone agrees that a miscarriage exempts. And here, they disagree with regard to concern

whether one must be concerned

for a miscarriage:

Rabbi Yishmael holds that we are not concerned for a miscarriage,

since most animals do not miscarry; therefore, when a goat gives birth within its first year, its offspring is certainly a firstborn.

And Rabbi Yehoshua holds that we are concerned for a miscarriage.

And we challenge this:

And

if

Rabbi Yishmael is not concerned

for the minority of animals that miscarry, why does he act so?

But did Rava not say

above:

“It is clear that Rabbi Yishmael holds in accordance with Rabbi Meir, who is concerned for the minority”!?

And we answer:

When

Rabbi Yishmael is concerned for the minority, it is only when the minority entails

a stringency,

as in the case stated above, that even an animal that gives birth after its first year has offspring that is a safek bekhor, because perhaps it belongs to the minority that does not give birth within its first year—

But

when it entails a leniency,

as in our case, where the animal gave birth within its first year, and we would be concerned for the minority of animals that miscarry in order to make the offspring a safek bekhor rather than a certain firstborn,

Rabbi Yishmael is not concerned

for it.

And alternatively,

in fact,

whether it entails a leniency or a stringency, Rabbi Yishmael is concerned

for the minority—

And here, they disagree with regard to an animal that miscarries and then gives birth again within its first year

within one year from the time it was born,

they disagree:

For Rabbi Yishmael holds: An animal that miscarries does not again give birth within its first year, and this

goat that gave birth within its first year,

since it gave birth,

we know that it

certainly did not miscarry,

and it is certainly a firstborn.

And Rabbi Yehoshua holds: An animal that miscarries does again give birth within its first year,

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

The Gemara further explains what Rabbi Yehoshua said:

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

when it was

six

months old

gives birth within its first year. A ewe that miscarried at one year of age gives birth within two years:”

a ewe that miscarried at one year of age gives birth within two years.

The Gemara asks:

What difference is there between

“his 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? In either case, we are concerned for a miscarriage, and we take the position that an animal that miscarries can again give birth within its first year, so the offspring is not certainly a firstborn but a safek bekhor.

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

And we explain: The practical difference is

in a case where she miscarried at the end of six months.

That is, if we know that she did not miscarry during the first six months, and necessarily, if she miscarried, she did so only when she was already at the end of six months from her birth, meaning on the first day of the seventh month,

and gave birth within her first year,

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

The point is that Rabbi Yehoshua himself said, “An animal that miscarried at six months gives birth within its first year,” and for this reason the offspring is not a firstborn. But Rabbi Yehoshua’s “tradition” did not mention a miscarriage at this age. Indeed, they disagree regarding this matter, and according to Rabbi Yehoshua’s tradition, even if she miscarried at the end of six months and gave birth within her first year, the offspring is a firstborn, since we take the position that the miscarriage was not a complete miscarriage. The basis of their disagreement concerning this detail is explained in three ways:

The first explanation:

And the difference between his tradition and his reasoning

is the statement

of Ze’eiri.

For Ze’eiri said: There is no miscarriage lasting less than thirty days.

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

According to his tradition,

which did not mention a miscarriage,

he holds in accordance with Ze’eiri.

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

According to his reasoning: He does not hold in accordance with Ze’eiri,

and the animal accepts a male even within thirty days of the miscarriage. Therefore, even if she miscarried after six months and gave birth within her first year, the offspring is not a firstborn.

The second explanation:

And alternatively: Everyone holds in accordance with Ze’eiri,

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

and here they disagree with regard to an animal that gives birth before the full term

before the fifth month of its pregnancy has been completed,

they disagree: