Bekhorot 46a — the Talmud in English

And we answer:

that we impose a vow ![](pamud.bmp "

Precise location of folio page")

on the דעת of the many,

that many people should say to him: “Behold, we impose a vow upon you according to our דעת.”

For Amemar said: The halakha is: even according to the one who says that a vow imposed in public has an annulment,

but a vow that was imposed

according to the דעת of the many has no annulment 45 .

And these words

that it has no annulment

apply to a matter of permission, but for a matter of mitzva there is an annulment,

for it is evident to us that they all agree and repent with the same repentance

when it is for the need of a mitzva.

As in that case of a teacher of children,

a teacher of infants,

Rav Aha imposed a vow upon him

according to the דעת of the many, that he should no longer teach children, because

he was negligent with the children,

for he would strike them and they would die.

And Ravina restored him,

he returned him to his post, because

there was not found

another teacher

who was as exacting as he,

derive from this that for the need of a mitzva it is permitted.

We learned in the Mishna:

And one who renders himself impure through the dead

is disqualified until he accepts upon himself that he will not render himself impure through the dead.

And we raise an objection:

What is different here

with regard to one who rendered himself impure through the dead

that acceptance suffices for him,

that he accepts upon himself not to render himself impure,

and what is different there

with regard to one who marries women through a transgression

that we impose a vow upon him,

and until he vows we do not permit him to work?

And we answer:

There,

with regard to one who marries women through a transgression,

his inclination overpowered him,

and we are concerned lest he retract his acceptance; therefore, without a vow we do not permit him.

We have returned to you, chapter “These are the blemishes.”

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

The first: The Torah said [Exodus 13]: “Sanctify to Me every firstborn, the opener of every womb among the Children of Israel, among man and beast; it is Mine ... And every firstborn of man among your sons you shall redeem [with five selaʿim given to a kohein].” This firstborn is the firstborn to his mother, even though he is not the firstborn to his father, for the Torah said, “opener of the womb”—the one who opened the womb. This section was repeated in the section of Ki Tisa [Exodus 34:20]: “Every firstborn of your sons you shall redeem, and they shall not appear before Me empty-handed.” And it was repeated further [Numbers 18:15]: “Every opener of the womb of all flesh that they offer to the Lord, among man and beast, shall be yours; but you shall surely redeem the firstborn of man ... And its redeemed ones, from one month old, you shall redeem according to your valuation, five silver shekels, according to the sacred shekel, twenty gerahs it is.”

The second: The Torah said [Deuteronomy 21]: “If a man has two wives, one beloved and the other hated ... And it shall be, on the day he causes his sons to inherit what he has, he may not give the rights of the firstborn to the son of the beloved over the son of the hated, the firstborn. For he shall recognize the firstborn, the son of the hated one, to give him a double portion of all that is found with him, for he is the beginning of his strength; the right of the firstborn is his.” This firstborn is the firstborn to his father, even though he is not the firstborn to his mother, as the verse says, “for he is the beginning of his strength.” And the Sages further expounded: “the beginning of his strength”—the one over whose death his father’s heart grieves [“my strength” is expounded from the language of mourning]; but if the first was one over whose death his father’s heart does not grieve, then the one born after him is the firstborn for inheritance.

The Mishna before us explains who those are who, although they were not born first, nevertheless have the status of firstborn for redemption or for inheritance.

Mishna:

There is

one who is

a firstborn for inheritance

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

but is not a firstborn

to give his redemption money

to a kohein.

And there is one who is

a firstborn for the kohein,

even though he was not born first,

but is not a firstborn for inheritance.

And there is one who is

a firstborn for inheritance and

also

for the kohein,

even though he was not born first.

And there is

one

who is not a firstborn either for inheritance or for the kohein—

And everything is explained in the continuation of the mishnayot.

Who is a firstborn for inheritance but is not a firstborn for the kohein:

1.

One born after miscarriages

[one born after a miscarriage, namely, one whose months were not completed]

whose head emerged

of the miscarriage

alive,

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

2.

And

likewise, one born after

a nine-month child

[that is, he is not a miscarriage, for his months were completed]

whose head emerged

of the first one while he was

dead,

for since he emerged dead, he is not considered a firstborn for inheritance; rather, the one born after him is the firstborn.

3.

And

likewise, one born after

a woman who miscarries

a fetus

resembling an animal, wild creature, or bird.

The words of Rabbi Meir.

The reason for all these cases is that with regard to a firstborn for inheritance the Torah said, “for he is the beginning of his strength,” and we expound “my strength” from the language of mourning, to teach: the one over whose death his father’s heart grieves; all these are excluded, since their father does not grieve over them, but the one born after them is the firstborn for inheritance. But with regard to a firstborn for the kohein, the matter depends only on “opener of the womb,” meaning: the one who opened the womb is the firstborn. Since these opened the womb, those born after them are not considered firstborn for the kohein.

And the Sages say,

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

It does not open the womb

until there is in it—

in the one who opened the womb—

the form of a human being.

The Mishna adds to explain the firstborn for inheritance who are not firstborn for the kohein:

4.

A woman who miscarries a sandal

[a fetus that has no facial form], 5.

or a placenta

which certainly has a fetus within it, except that it dissolved, and 6.

or an amniotic sac

[the skin of a fetus]

that is formed.

That is, the form of the fetus has already begun to take shape. 7.

And one who emerges

most of him while he is

dissected:

Thus

the one born after them is a firstborn for inheritance

because concerning those preceding him his father’s heart does not grieve,

but is not a firstborn for the kohein,

since the womb has already been opened.

8.

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

and she gave birth to him, so that he is the firstborn to his father but is not the opener of the womb to his mother—

9. And even if she

gave birth

to her previous son while she was

still a maidservant, and was emancipated,

and married him and gave birth.

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

still a gentile and converted,

and married him, and

after she entered the Jewish people, she gave birth—

then the one whom she gave birth to after emancipation and conversion is

a firstborn for inheritance,

for he is the firstborn to his father,

but is not a firstborn for the kohein,

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

Rabbi Yosei the Galilean says:

If she gave birth while she was a gentile

and converted, married him, and gave birth, he is

a firstborn for inheritance and

also

for the kohein,

for 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 opener of every

womb

[of]

among

[the]

Children of Israel,”

to teach:

until they open a womb from Israel.

From here the Mishna explains the firstborn for the kohein who is not a firstborn for inheritance: 1.

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

and she gave birth, so that the one born is the firstborn to his mother but is not the firstborn to his father.

2.

She converted while pregnant,

she and her husband with her—the fetus whom she gives birth to does not inherit his father, but he is a firstborn to his mother.

3. Or that she

was emancipated while pregnant,

for the fetus is not related to his father and does not inherit him, but he is a firstborn to his mother.

4. Or that she

gave birth

in one house,

she and a woman who was a kohein

[whose son is exempt from firstborn status], or

she and a Levite woman

[whose son too is exempt from firstborn status], or that she gave birth

together with a woman

who had already given birth,

and the children were intermingled, so that neither of them takes an inheritance presumptively from his unknown father’s estate, but he is a firstborn to his mother.

E.

And likewise one

[a woman who has given birth for the first time]

who did not remain after her husband for three months—

which is the period of waiting in order to determine whether the one born is from the first husband or from the second—

and she married and gave birth, and it is not known whether he is a nine-month child

he is

from the first, or a seven-month child from the second,

and because of the doubt he does not receive an inheritance—

All these: the ones born are

a firstborn for a priest

but are not a firstborn for inheritance.