POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bechoros 19
BECHOROS 19-20 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
1) A PARTIAL "BECHOR"
(a) (Mishnah - R. Tarfon): If a firstborn was born Yotzei
Dofen (through Caesarian section), and the next animal
(from this mother) was born normally, both of them graze
until they get a Mum, then the owner eats them;
(b) R. Akiva says, neither is a Bechor:
1. The first is not a Bechor because it is not Peter
Rechem (the first to leave the womb);
(c) Question: What do they argue about?
2. The second is not a Bechor because another animal
was born to this mother before it.
(d) Answer: R. Tarfon is unsure whether or not a partial
Bechor (i.e. in only one respect, it was the first
offspring *or* the Peter Rechem) is a Bechor, R. Akiva is
sure that a partial Bechor is not a Bechor.
(e) (Beraisa) Question: What is the method of expounding Klal
ha'Tzarich l'Prat (a general term that cannot be
understood without a specific term) and a Prat ha'Tzarich
1. Answer - Suggestion #1: "Kadesh Li Chol Bechor" -
perhaps this includes females!
(f) Question (Rav Sheravya): The Tana did not refute
Suggestion #2 by saying that a male born after a female
is not "Bechor" - this implies that a partial Bechor is a
2. Rejection: "Zachar."
3. Suggestion #2: Perhaps "Zachar" teaches that the
first male to be born is a Bechor, even if females
were born before it!
4. Rejection: "Peter Rechem."
5. Suggestion #3: Perhaps "Peter Rechem" teaches that
the first animal to leave the womb is a Bechor, even
if a previous animal was born Yotzei Dofen!
6. Rejection: "Bechor."
1. But he refutes Suggestion #3 by saying that an
animal born after a Yotzei Dofen is not "Bechor" -
this implies that a partial Bechor is not a Bechor!
(g) Answer #1 (Abaye): He holds that a partial Bechor is not
1. Suggestion #2 really means, perhaps "Zachar" teaches
that if the firstborn is a male it is a Bechor, even
if it was Yotzei Dofen!
(h) Answer #2 (Ravina): He holds that a partial Bechor is a
Bechor, nevertheless "Bechor" refutes Suggestion #3;
1. If an animal born after a Yotzei Dofen gets Kedushas
Bechor, there would be no need for the Torah to
***** PEREK HA'LOKE'ACH BEHEMAH ****
(i) Objection (Rav Acha mi'Difti): If a partial Bechor is a
Bechor, the simple meaning of "Bechor" does not exclude a
partial Bechor, just it may be expounded to exclude (the
most reasonable case to exclude);
i. It is not needed to exclude the case when a
female was born previously - Peter Rechem
2. Conclusion: "Bechor" teaches that an animal born
after a Yotzei Dofen does not get Kedushas Bechor.
1. Indeed, we would exclude a male born normally after
a male Yotzei Dofen ("Bechor" is extra to exclude
this case, for it is a Bechor with respect to the
womb, but not with respect to males);
(j) Rather, we must answer like Abaye.
2. However, we would not exclude a normal male after a
female Yotzei Dofen (for the male is a Bechor with
respect to the womb and with respect to males).
2) WHEN ARE WE CONCERNED FOR "BECHORAH"?
(a) (Mishnah - R. Yishmael): If Reuven bought an animal from
a Nochri and does not know whether or not it already gave
birth (and now it gave birth to a male):
1. If [it was] a goat [and it] gave birth in its first
year, the kid is given to a Kohen (it is surely a
Bechor); if it gave birth after this, it is a Safek
(it grazes until it gets a Mum, then Reuven eats
(b) R. Akiva: If the Halachah was that only a proper child
exempts from Bechorah, you would be right;
2. If a sheep gave birth within two years, the lamb is
given to a Kohen; if it gave birth after this, it is
3. If a cow gave birth within three years, the calf is
given to a Kohen; if it gave birth after this, it is
1. However, Chachamim taught that Tinuf (a dissolved
fetus; alternatively, bubbles of blood) in a small
animal is a sign of a [miscarried] child (and
exempts from Bechorah), a Shilya (fetal sac) in a
large animal is a sign of a child;
(c) The general rule is - if we know that an animal
previously gave birth (or miscarried), the Kohen does not
receive anything (from the next birth);
i. In a woman, Shapir (skin in the form of a
child) and Shilya are both signs of a child
(regarding Tum'as Yoledes).
1. If we know that it did not give birth before, the
Bechor belongs to the Kohen;
(d) (Gemara) Question: Why does R. Yishmael say that after
one year, it is a Safek - the majority of goats become
pregnant and give birth in their first year, we should
follow the majority and say that a kid born after one
year is definitely not a Bechor!
2. If we do not know whether or not it gave birth
before, the owner eats it when it gets a Mum.
(e) Answer #1: R. Yishmael holds like R. Meir, who is
concerned for the minority.
(f) Answer #2: He can hold like Chachamim;
1. Chachamim follow a majority d'Isei Kaman (everything
is in front of us), such as the majority opinion of
judges on the Sanhedrin, or [if meat was found, we
follow] the majority of stores in the city (if they
sell Kosher meat or Neveilos);
(g) Objection: Chachamim do follow a majority d'Leisei Kaman!
2. They do not follow a majority d'Leisei Kaman (not in
front of us, i.e. that most goats in the world give
birth in their first year).
1. Copy (Beraisa - R. Meir): A [minor] boy or girl may
not do Yibum or Chalitzah.
(h) Conclusion (Rava): We must say that R. Yishmael holds
like R. Meir.
2. Chachamim: We agree that a minor may not do not
Chalitzah; it says "Ish," and the Torah equates the
Yevamah to the Yavam;
i. Why do you forbid Yibum?
3. R. Meir: We are concerned that he or she is a Seris
or Ailonis (one who will not develop to be a normal
male or female; if so, there is no Mitzvah of Yibum,
the "Yibum" is merely marrying a sister-in-law,
which is Chayavei Kerisus).
4. Chachamim are not concerned for this, they follow
the majority (most people are normal).
(i) Defense (of Answer #2 - Ravina): He can hold like
1. Chachamim follow a majority that does not depend on
an act occurring (such as judges' opinions or
stores), they do not follow a majority that depends
on an action (an animal must breed to become
pregnant and bear a child).