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 21
1) BIRTHS WITHIN ONE YEAR (cont.)
(a) (Beraisa - R. Shimon): I witnessed such a case with a
(b) Question: What do they argue about?
(c) Answer #1: They argue about Ze'iri's law:
1. (Ze'iri): An animal will not become pregnant (Rashi:
mate) less than 30 days after Tinuf.
(d) Answer #2: All agree to Ze'iri's law; they argue whether
or not the months of pregnancy must be complete;
2. The case is, the daughters were Metanfos on the last
day of their sixth month. Chachamim hold like Ze'iri
-- therefore, the earliest they could become
pregnant is the last day of their seventh month,
they cannot give birth before the last day of their
3. R. Shimon argues with Ze'iri - they can become
pregnant during the seventh month, and give birth
*within* (i.e. some days before the end of) the
1. Chachamim hold that they must be complete
(therefore, they cannot give birth *within* the
year), R. Shimon holds that the months need not be
(e) Answer #3: All agree [with Ze'iri's law and] that the
months of pregnancy must be complete; they argue whether
or not part of a day counts like an entire day;
1. Chachamim do not count it like an entire day -
therefore, they cannot give birth *within* the year;
(f) Answer #4: All count part of a day like an entire day;
they argue whether or not Mechusar Zeman (an animal too
young to be offered, i.e. before its eighth day) enters
the pen for Ma'aser. (Chachamim say that it does not; it
is impossible for the animals to be within the same
[normal, 12 month] year for the sake of Ma'aser - they
can be within the same [13 month] leap year, R. Shimon
says that Mechusar Zeman enters the pen, they can be
within the same [normal] year.)
2. R. Shimon counts it like an entire day, therefore
they can give birth within the year.
(g) Support (Beraisa - R. Shimon ben Yehudah citing R.
Shimon): Mechusar Zeman enters the pen for Ma'aser - this
is like the law of Bechor;
2) WHAT IS "TINUF"?
1. Just like Bechor becomes Kadosh (when it is born)
before it may be offered [on the eighth day], also
Mechusar Zeman can get Kedushas Ma'aser, to be
offered in the proper time.
(h) Question: Why doesn't he learn from other Kodshim, which
cannot become Kodesh Mechusar Zeman?
(i) Answer #1: He learns from Bechor, for it is like Ma'aser
in the following ways:
1. It cannot be redeemed (even with a Mum), even a
Ba'al Mum becomes Kodesh, its Temurah is not
offered, if it gets a Mum, it is eaten like Ma'aser
(Rashi - without Pidyon; Tosfos - it may not be
slaughtered or sold in the meat market, it may not
be sold by weight.)
(j) Question: Perhaps we should learn from Kodshim, they also
resemble Ma'aser in four ways:
(k) (Some of these do not apply to all Kodshim; all apply to
Shelamim, he could learn from it.)
1. They need not be males, they do not become Kadosh
automatically, they are not given to Kohanim, they
apply to Peshutim (non-firstborns).
(l) Answer #2: R. Shimon learns from a Gezeirah Shavah
"Ha'avarah-Ha'avarah" from Bechor.
(a) Question: What is Tinuf?
3) BUYING FROM A YISRAEL
(b) Answer #1 (Rava): It is like shepherds of Tzalta (a
certain place) say, it comes from a fetus that was
detained in the womb and dissolved.
(c) Answer #2 (Shmuel): It is bubbles (globules) of blood.
(d) One must show it to a Chacham (to verify that it is truly
(e) Question: How will a Chacham know whether or not it is
(f) Clarification (Rav Papa): It must be shown to a shepherd
(g) Question (Rav Chisda): A human fetus is formed (and
causes Tum'as Yoledes if it is miscarried) after 40 days
1. When is a [small] animal fetus formed (to be
considered Tinuf if it is miscarried)?
(h) Answer (Rav Papa): This is Ze'iri's law!
1. (Ze'iri): Tinuf is never [after] less than 30 days.
(i) Rejection (Abaye): No, Ze'iri means that an animal will
not mate less than 30 days after Tinuf.
(a) Question: Our Mishnah teaches about one who buys an
animal from a Nochri;
4) A MISCARRIED CLUMP OF BLOOD
1. What is the law of one who buys from a Yisrael?
(b) Answer #1 (Rav): The first child born (if it is male) is
a definite Bechor;
1. Had the mother given birth already, the seller
surely would have told the buyer, for such an animal
is worth more (the proper text of Rashi: a female is
prone to die in its first birth, it is dangerous;
Tosfos - the buyer keeps all offspring)!
(c) Answer #2 (Shmuel): The first child is a Safek Bechor;
1. Perhaps the mother already gave birth; the seller
did not tell the buyer, for he assumed that the
buyer intends to slaughter it (it will not bear
(d) Answer #3 (R. Yochanan): The child is definitely Chulin;
1. Had the mother not given birth already; the seller
surely would have told the buyer (so he will know
that the first child will be a Bechor).
(e) Support (for R. Yochanan - Beraisa): If the seller didn't
say anything, the buyer may slaughter on the day he buys
(without concern for Oso v'Es Beno, i.e. lest its mother
or child was sold to someone else to be slaughtered that
(f) Suggestion: This refutes Rav and Shmuel!
1. Rejection: No - it is incumbent on the seller to
alert the buyer that its mother (or child) will be
slaughtered today (Rashi -- "b'Yom Echad" teaches
that there are special days, when most animals
bought are for slaughter, and on those days a seller
must tell the buyer if he sold its mother or child;
Tosfos - the buyer need not suspect that the mother
was sold today);
2. Regarding Bechor, it is the buyer's responsibility
(to determine whether or not the child is a Bechor).
(a) (Mishnah - R. Eliezer ben Yakov): If a clump of blood
came out of a large animal's womb, it must be buried
(perhaps a male was inside, and was dissolved); the
animal is exempt from Bechorah.
(b) (Gemara - Beraisa - R. Chiya): The clump does not have
Tum'as Maga or Masa (to be Metamei one who touches or