Bekhorot 46a (מו.) — the Talmud in English

The chapter before us deals with the two laws governing a firstborn human being:

The first: The Torah states [Exodus 13]: “Sanctify to Me every firstborn, the first issue of every womb among the Children of Israel, of man and beast, it is Mine... And every firstborn of man among your sons you shall redeem [with five sela’im given to a koen].” This firstborn is the firstborn of his mother, even though he is not his father’s firstborn, for the Torah states “the first issue of the womb”—the one who opened the womb. This passage is repeated in the portion of Ki Tisa [Exodus 34:20]: “Every firstborn of your sons you shall redeem, and they shall not appear before Me empty-handed.” It is repeated again [Numbers 18:15]: “Every first issue of the womb of all flesh that they offer to the Lord, of man and beast, shall be yours; nevertheless, you shall redeem the firstborn of man... And those to be redeemed, from one month old, you shall redeem according to your valuation, five shekels of silver, by the sacred shekel, which is twenty gera.”

The second: The Torah states [Deuteronomy 21]: “If a man has two wives, one beloved and the other hated... And it shall be, on the day that he causes his sons to inherit what he possesses, he may not designate the son of the beloved as the firstborn over the son of the hated one. Rather, he must recognize the firstborn, the son of the hated one, to give him a double portion of all that is found to belong to him, for he is the first of his vigor; the birthright is his.” This firstborn is his father’s firstborn, even though he is not his mother’s firstborn, as the verse says: “for he is the first of his vigor.” The Sages further expounded: “the first of his vigor”—the one over whose death his father’s heart grieves [“oni” is expounded in the sense of mourning]. But if the first was one over whose death his father’s heart would not grieve, then the one born after him is the firstborn with regard to inheritance.

The Mishna before us explains who, although they were not born first, nevertheless have the status of firstborn with regard to redemption or inheritance.

Mishna:

There is

one who is

a firstborn with regard to inheritance

to inherit a double portion of his father’s estate, even though he was not born first,

but is not a firstborn

to have his redemption payment given

to a koen.

And there is one who is

a firstborn for the koen

even though he was not born first,

but is not a firstborn with regard to inheritance.

And there is one who is

a firstborn with regard to inheritance and

also

for the koen

even though he was not born first.

And there is

one who

is not a firstborn, either with regard to inheritance or for the koen—

All this is explained in the continuation of the mishnayot.

Who is a firstborn with regard to inheritance but not a firstborn for the koen:

a.

One born after a miscarriage

[a child born after a miscarriage, meaning one whose gestation was not completed]

whose head emerged

of the miscarriage

alive,

and because the first is not viable, the one born after him is therefore considered a firstborn with regard to inheritance. But with regard to redemption for the koen, he is not considered a firstborn.

b.

And

likewise, one born after

a nine-month fetus

[that is, one that is not a miscarriage, because its gestation was completed]

whose head emerged

of the first while it was

dead,

for once it emerged dead, it is not considered a firstborn with regard to inheritance; rather, the one born after it is the firstborn.

c.

And

likewise, one born after a woman who miscarried

a fetus resembling a domesticated animal, wild animal, or bird

as a fetus.

The statement of Rabbi Meir.

The reason for all these cases is that with regard to a firstborn for inheritance, the Torah states, “for he is the first of his vigor,” and we expound “oni” in the sense of mourning, to teach: the one over whose death his father’s heart would grieve is the firstborn; all these are excluded, since their father would not grieve over them, and therefore the one born after them is the firstborn with regard to inheritance. But with regard to a firstborn for the koen, the matter depends only on “the first issue of the womb,” meaning: the one who opened the womb is the firstborn. Since these cases opened the womb, those born after them are not considered firstborn for the koen.

And the Sages say

to disagree with Rabbi Meir’s reasoning, that a woman who miscarries a domesticated animal, wild animal, or bird has already had her womb opened and the one born after it is not a firstborn for the koen:

It does not exempt the womb

until it has

—the one that opened the womb—

the form of a human being.

The Mishna adds an explanation of those who are firstborn with regard to inheritance but are not firstborn for the koen:

d.

The woman who miscarries

a sandal

[a fetus without recognizable facial features]; e.

or a placenta

which certainly contains a fetus, except that it dissolved; f.

or an amniotic sac

[the skin surrounding a fetus]

that is formed

meaning that the form of the fetus has already begun to take shape. g. And one whose

majority

of the body emerged while

cut into pieces:

Thus,

the one born after them is a firstborn with regard to inheritance

because his father’s heart would not grieve over those preceding him,

but is not a firstborn for the koen,

since the womb had already been opened.

h.

One who had no sons and married a woman who had already given birth

and she bore him a child, so that he is his father’s firstborn but is not the first issue of his mother’s womb—

i. And even if she

gave birth

to her previous son while she was still

a maidservant, and then she was freed

and married him and bore a child—

j. Or if she gave birth to him while she was

still a gentile and then converted

and married him, and

after she joined Israel she gave birth—

the child she bore him after her emancipation and conversion is

a firstborn with regard to inheritance

since he is his father’s firstborn,

but is not a firstborn for the koen

since she had already given birth, even though the previous birth occurred while she was a maidservant or a gentile.

Rabbi Yosei HaGelili says:

If she gave birth while she was still a gentile

and then converted and married him and bore a child, he is

a firstborn with regard to inheritance and

also

for the koen,

because the opening of the womb while she was a gentile is not considered an opening of the womb,

as it is stated: “Sanctify to Me every firstborn, the

first issue

of every

womb among

the Children of

Israel,”

to teach:

until a womb among Israel is opened.

until they open a womb from Israel.

From here the Mishna explains the firstborn for the koen who is not a firstborn with regard to inheritance: a.

One who had sons and married a woman who had not previously given birth,

and she gave birth, so that the child born is his mother’s firstborn but is not his father’s firstborn.

b.

She converted while pregnant

and her husband converted with her—the child she bears does not inherit his father, but he is his mother’s firstborn.

c. Or

she was freed while pregnant,

for the child is not affiliated with his father and does not inherit him, but he is his mother’s firstborn.

d. Or

she gave birth

in one house,

she and a daughter of a koen

[whose son is exempt from the firstborn status], or

she and a Levite woman

[whose son is likewise exempt from the firstborn status], or

she gave birth together with a woman

who had already given birth,

and the children became intermingled, so that neither of them takes an inheritance by uncertainty from the estate of his unknown father, but he is his mother’s firstborn.