Bechoros 8:1 - 8:2

יש בכור לנחלה – to take a double portion (see Deuteronomy 21:17).

ואינו כבו לכהן – to give to a Kohen his redemption price of five Selas (see Numbers 18:16).

הבא אחר הנפלים – as for example, that they were twins. One of whom was premature that his months [of fetal development] were not finished for him, and [the other one], whose months [of fetal development] were completed for him, but the premature one whose months [of fetal development] were not finished for him, his head came out alive and he retracted himself, and his [twin] brother preceded him and went out. This latter [of the two] is the first-born for inheritance, for the first one [whose head came out alive] did not cause him to suffer loss, and even though the exodus of the first [fetus] is considered to be a valid birth. And the reason, because it is written (Deuteronomy 21:17): “since he is the first fruit of his vigor,” that [child over whose death] the heart of the father is grieved (see Tractate Niddah 23b) if he (i.e., the child) dies, this excludes the premature [child] whose head came out first, who is not a viable child, [he] is one whom the heart of the father is not grieved for. But in regard to the opening of the womb (i.e., being the first born/first birth), this [latter] child, for the All-Merciful assigned, but the first [child whose head had exited the womb], was the firstborn of the womb.

ובן תשעה מת שיצא ראשו – and went back inside [the womb], and his brother came out [fully first], is the first-born for inheritance. But he is not considered the first, for his father is not grieved for him, but regarding the Kohen [for the redemption of the first-born], he is not the first-born of the womb. Ut if his head came out first alive at the age of nine [months] and afterwards, he was restored [to the womb] and [subsequently] died, he that comes after him also is not the first-born for inheritance.

וכן המפלת בהמה כו' – it is not considered to be exempted from inheritance, for the heart of the father is not grieved for them. But it is the first-born of the womb.

וחכמים אומרים עד שיהא בו מצורת אדם – it is not considered the firstborn after the womb, and the one who comes after him is a first born for a Kohen (i.e., requiring redemption by his parents). And the Halakha is according to the Sages.

סנדל (a flat, fish-shaped abortion -see Tractate Niddah, Chapter 3, Mishnah 4) – a piece of flesh made in the image of a sandal/flat fish, and it lacks the form of limbs, and regularly comes together with the child. But the language of סנדל has explanations/commentaries that are hated and poor.

או שליא – that there is no placenta without a child but that it is softened. But however, it is the opening of the womb.

ושפיר מרוקם (fully-formed fetus)– a piece of flesh that is has the articulated shape of the form of a fetus. And because it is made like an egg-shell, it is called a sack of a fetus.

והיוצא מחותך – that it is severed limb by limb and in this manner it all came out. But if the head is severed, it was not the first of the womb if his brother preceded and came out before the coming out of most of the limbs of the severed one, and it would be also be a first born for the Kohen.

שכבר ילדה - that in regard to inheritance of the father, it is written (Deuteronomy 21:17): “the first fruit of his vigor”, but regarding the Kohen, the All-Merciful depends upon the opening of the womb (see Exodus 13:2 and 12).

עודה שפחה – even if she is still a heathen maid-servant at her first birth and was freed now. Or [if] she was a heathen and converted but when she came into the hand of an Israelite, she gave birth, also [the child] is a first born for inheritance, for he had not [yet] had children.

רבי יוסי הגלילי אומר בכור לנחלה ולכהן – for the sons that are born while she was a heathen do not open the womb. But the Halakha is not according to Rabbi Yossi HaGelili.

נתגיירה מעוברת – and her husband is with her and she gave birth. Behold that child is a firstborn for a Kohen, for he is the firstborn of the womb for an Israelite, but not for inheritance, for since his conception is not in holiness (because she was not yet a Jewish woman at that time), he is not eligible for inheritance, for he is the seed of an idolater, the All-Merciful declared him free/ownerless, as it is written (Ezekiel 23:20): “[she lusted for concubinage with them, whose members were like those of asses] and whose organs like those of stallions.”

וילדה היא וכהנת – a Jewish woman who had never given birth and daughter of a Kohen who had given birth, and it is not know which of them (i.e., the babies born) was the child of an Israelite woman.

או היא ולויה – for a Levite woman, her son is also exempt from the five Selaim, as we stated in the first chapter (see actually, Tractate Bekhorot, Chapter 2, Mishnah 1).

או היא ואשה שכבר ילדה – and it is not known which is her son (as the babies had been mixed up).

כבור לכהן – and the husband of the woman giving birth for the first time is liable for the five Selaim to the Kohen [for redemption of their first-born son], for the male child has [responsibility] all that he has.

ולא לנחלה – for he did not know the son of whom it is.

וכן מי שלא שהתה כו' – he is the first-born for a Kohen. And he will redeem himself. But not for inheritance for he does not know who conceived him. And even like an heir entitled to a single share he was not conceived, for this one (i.e., one child) supersedes him regarding this (i.e., entitlement to being a first-born) and that one (i.e., a different child) supersedes him regarding that (i.e., level of inheritance). But our Mishnah which teaches that he is not [the first-born] for inheritance purposes, it states regarding who comes after him, for the one who comes after him is not the first born for inheritance, for perhaps there is doubt if he is the son after him (see Talmud Bekhorot 47b).

מלא גנינים ([an abortion consisting of] a bag full of a many-colored substance – see also Tractate Niddah, Chapter 3, Mishnah 3 and Niddah 24b) – many colors. Another explanation – worms. That the fetus is made completely of many small, thin pieces similar to worms.

דגים וחגבים – they are not offspring, for it was not stated about them a creation like a human.

יום ארבעים – from when she became pregnant, it is merely water, and there isn’t an embryo until the day after the fortieth day, for on the fortieth day is the creation of the embryo.

יוצא דופן והבא אחריו – [the second one] through the womb. As for example, that they tore the woman when twins were in her stomach, and after that they removed the first of them through the wall (i.e., by means of Caesarean section, the second left [the womb] through the womb. But to remove an offspring from the woman through the wall [i.e., via Caesarean section] and when the woman would heal, she would once again become pregnant and give birth [naturally]. Maimonides wrote that this is impossible.

שניהם אינן בכור – the first [child born] is not a firstborn for [a double-portion of the] inheritance, for we require (Deuteronomy 21:15): “[If a man has two wives, one loved and the other unloved,] and both the loved and the unloved have born him sons, [but the first-born is the son of the unloved one].” The second is also not the first-born, for we require (Deuteronomy 21:17): “the first fruit of his vigor.” And the first born for a Kohen – the first is not, for we require (Numbers 18:15): “the first issue of the womb.” And the second [child born] is also not the first born for the Kohen [to be redeemed with five Selaim], for [the child] is the first-born of the womb and not the first born for offspring as for example, this one that was the offspring prior to this is not a firstborn.

רבי שמעון אומר הרשון לנחלה – he holds that (Deuteronomy 21:15) “have born [him sons],” that even for that comes out from the wall (i.e., Caesarean section) is implied.

והשני לחמש סלעים – he holds, [that child] is the firstborn for the womb, even though he is not the first-born for offspring which is a firstborn. But the Halakha is not according to Rabbi Shimon.