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Bechoros 8:1 - 8:2

The Mishnah Yomi for Sunday, September 21, 2031 is Bechoros 8:1 - 8:2

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Mishnah 1

Mishnayos Bechoros Perek 8 Mishnah 1

ื‘ื›ื•ืจื•ืช ืคืจืง ื—ืณ ืžืฉื ื” ืืณ

1
There is a son who is a firstborn with regard to inheritance but is not a firstborn with regard to the requirement of redemption from a priest. There is another who is a firstborn with regard to redemption from a priest but is not a firstborn with regard to inheritance. There is another who is a firstborn with regard to inheritance and with regard to redemption from a priest. And there is another who is not a firstborn at all, neither with regard to inheritance nor with regard to redemption from a priest. Which is the son who is a firstborn with regard to inheritance but is not a firstborn with regard to redemption from a priest? It is a son who came after miscarriage of an underdeveloped fetus, even where the head of the underdeveloped fetus emerged alive; or after a fully developed nine-month-old fetus whose head emerged dead. The same applies to a son born to a woman who had previously miscarried a fetus that had the appearance of a type of domesticated animal, undomesticated animal, or bird, as that is considered the opening of the womb. This is the statement of Rabbi Meir. And the Rabbis say: The son is not exempted from the requirement of redemption from a priest unless his birth follows the birth of an animal that takes the form of a person. In the case of a woman who miscarries a fetus in the form of a sandal fish or from whom an afterbirth or a gestational sac in which tissue developed emerged, or who delivered a fetus that emerged in pieces, the son who follows these is a firstborn with regard to inheritance but is not a firstborn with regard to redemption from a priest. In the case of a son born to one who did not have sons and he married a woman who had already given birth; or if he married a woman who gave birth when she was still a Canaanite maidservant and she was then emancipated; or one who gave birth when she was still a gentile and she then converted, and when the maidservant or the gentile came to join the Jewish people she gave birth to a male, that son is a firstborn with regard to inheritance but is not a firstborn with regard to redemption from a priest. Rabbi Yosei HaGelili says: That son is a firstborn with regard to inheritance and with regard to redemption from a priest, as it is stated: โ€œWhatever opens the womb among the children of Israelโ€ (Exodus 13:2). This indicates that the halakhic status of a child born to the mother is not that of one who opens the womb unless it opens the womb of a woman from the Jewish people. In the case of one who had sons and married a woman who had not given birth; or if he married a woman who converted while she was pregnant, or a Canaanite maidservant who was emancipated while she was pregnant and she gave birth to a son, he is a firstborn with regard to redemption from a priest, as he opened his motherโ€™s womb, but he is not a firstborn with regard to inheritance, because he is not the firstborn of his father or because halakhically he has no father. And likewise, if an Israelite woman and the daughter or wife of a priest, neither of whom had given birth yet, or an Israelite woman and the daughter or wife of a Levite, or an Israelite woman and a woman who had already given birth, all women whose sons do not require redemption from the priest, gave birth in the same place and it is uncertain which son was born to which mother; and likewise a woman who did not wait three months after the death of her husband and she married and gave birth, and it is unknown whether the child was born after a pregnancy of nine months and is the son of the first husband, or whether he was born after a pregnancy of seven months and is the son of the latter husband, in all these cases the child is a firstborn with regard to redemption from a priest but is not a firstborn with regard to inheritance. Due to the uncertainty, he is unable to prove he is the firstborn of either father, and therefore he is not entitled to the double portion of the firstborn. Which is the offspring that is a firstborn both with regard to inheritance and with regard to redemption from a priest? In the case of a woman who miscarried a gestational sac full of water, or one full of blood, or one full of pieces of flesh; or one who miscarries a mass resembling a fish, or grasshoppers, or repugnant creatures, or creeping animals, or one who miscarries on the fortieth day after conception, the son who follows any of them is a firstborn with regard to inheritance and with regard to redemption from a priest.
ื™ึตืฉื ื‘ึผึฐื›ื•ึนืจ ืœึทื ึผึทื—ึฒืœึธื” ื•ึฐืึตื™ื ื•ึน ื‘ึฐื›ื•ึนืจ ืœึทื›ึผึนื”ึตืŸ, ื‘ึผึฐื›ื•ึนืจ ืœึทื›ึผึนื”ึตืŸ ื•ึฐืึตื™ื ื•ึน ื‘ึฐื›ื•ึนืจ ืœึทื ึผึทื—ึฒืœึธื”, ื‘ึผึฐื›ื•ึนืจ ืœึทื ึผึทื—ึฒืœึธื” ื•ึฐืœึทื›ึผึนื”ึตืŸ, ื™ึตืฉื ืฉืึถืึตื™ื ื•ึน ื‘ึฐื›ื•ึนืจ ืœึนื ืœึทื ึผึทื—ึฒืœึธื” ื•ึฐืœึนื ืœึทื›ึผึนื”ึตืŸ. ืึตื™ื–ึถื”ื•ึผ ื‘ึผึฐื›ื•ึนืจ ืœึทื ึผึทื—ึฒืœึธื” ื•ึฐืึตื™ื ื•ึน ื‘ึฐื›ื•ึนืจ ืœึทื›ึผึนื”ึตืŸ, ื”ึทื‘ึผึธื ืึทื—ึทืจ ื”ึทื ึผึฐืคึธืœึดื™ื ืฉืึถื™ึผึธืฆึธื ืจึนืืฉืื•ึน ื—ึทื™, ื•ึผื‘ึถืŸ ืชึผึดืฉืึฐืขึธื” ืฉืึถื™ึผึธืฆึธื ืจึนืืฉืื•ึน ืžึตืช, ื•ึฐื”ึทืžึผึทืคึผึถืœึถืช ื›ึผึฐืžึดื™ืŸ ื‘ึผึฐื”ึตืžึธื” ื—ึทื™ึผึธื” ื•ึธืขื•ึนืฃ, ื“ึผึดื‘ึฐืจึตื™ ืจึทื‘ึผึดื™ ืžึตืึดื™ืจ. ื•ึทื—ึฒื›ึธืžึดื™ื ืื•ึนืžึฐืจึดื™ื, ืขึทื“ ืฉืึถื™ึผึฐื”ึตื ื‘ื•ึน ืžึดืฆึผื•ึผืจึทืช ื”ึธืึธื“ึธื. ื”ึทืžึผึทืคึผึถืœึถืช ืกึทื ึฐื“ึผึธืœ, ืื•ึน ืฉืึดืœึฐื™ึธื, ื•ึผืฉืึฐืคึดื™ืจ ืžึฐืจึปืงึผึธื, ื•ึฐื”ึทื™ึผื•ึนืฆึตื ืžึฐื—ึปืชึผึธืšึฐ, ื”ึทื‘ึผึธื ืึทื—ึฒืจึตื™ื”ึถืŸ, ื‘ึผึฐื›ื•ึนืจ ืœึทื ึผึทื—ึฒืœึธื” ื•ึฐืึตื™ื ื•ึน ื‘ึฐื›ื•ึนืจ ืœึทื›ึผึนื”ึตืŸ. ืžึดื™ ืฉืึถืœึผึนื ื”ึธื™ื•ึผ ืœื•ึน ื‘ึธื ึดื™ื ื•ึฐื ึธืฉื‚ึธื ืึดืฉึผืึธื” ืฉืึถื›ึผึฐื‘ึธืจ ื™ึธืœึฐื“ึธื”, ืขื•ึนื“ึธื”ึผ ืฉืึดืคึฐื—ึธื” ื•ึฐื ึดืฉืึฐืชึผึทื—ึฐืจึฐืจึธื”, ืขื•ึนื“ึธื”ึผ ื ึธื›ึฐืจึดื™ืช ื•ึฐื ึดืชึฐื’ึผึทื™ึผึฐืจึธื”, ืžึดืฉึผืึถื‘ึผึธืืช ืœึฐื™ึดืฉืึฐืจึธืึตืœ ื™ึธืœึฐื“ึธื”, ื‘ึผึฐื›ื•ึนืจ ืœึทื ึผึทื—ึฒืœึธื” ื•ึฐืึตื™ื ื•ึน ื‘ึฐื›ื•ึนืจ ืœึทื›ึผึนื”ึตืŸ. ืจึทื‘ึผึดื™ ื™ื•ึนืกึตื™ ื”ึทื’ึผึฐืœึดื™ืœึดื™ ืื•ึนืžึตืจ, ื‘ึผึฐื›ื•ึนืจ ืœึทื ึผึทื—ึฒืœึธื” ื•ึฐืœึทื›ึผึนื”ึตืŸ, ืฉืึถื ึผึถืึฑืžึทืจ (ืฉืžื•ืช ื™ื’), ืคึผึถื˜ึถืจ ื›ึผึธืœ ืจึถื—ึถื ื‘ึผึดื‘ึฐื ึตื™ ื™ึดืฉื‚ึฐืจึธืึตืœ, ืขึทื“ ืฉืึถื™ึผึดืคึฐื˜ึฐืจื•ึผ ืจึถื—ึถื ืžึดื™ึผึดืฉื‚ึฐืจึธืึตืœ. ืžึดื™ ืฉืึถื”ึธื™ื•ึผ ืœื•ึน ื‘ึธื ึดื™ื ื•ึฐื ึธืฉื‚ึธื ืึดืฉึผืึธื” ืฉืึถืœึนื ื™ึธืœึฐื“ึธื”, ื ึดืชึฐื’ึผึทื™ึผึฐืจึธื” ืžึฐืขึปื‘ึผึถืจึถืช, ื ึดืฉืึฐืชึผึทื—ึฐืจึฐืจึธื” ืžึฐืขึปื‘ึผึถืจึถืช, ื™ึธืœึฐื“ึธื” ื”ึดื™ื ื•ึฐื›ึนื”ึถื ึถืช, ื”ึดื™ื ื•ึผืœึฐื•ึดื™ึผึธื”, ื”ึดื™ื ื•ึฐืึดืฉึผืึธื” ืฉืึถื›ึผึฐื‘ึธืจ ื™ึธืœึฐื“ึธื”, ื•ึฐื›ึตืŸ ืžึดื™ ืฉืึถืœึผึนื ืฉืึธื”ึฒืชึธื” ืึทื—ึทืจ ื‘ึผึทืขึฐืœึธื”ึผ ืฉืึฐืœืฉืึธื” ื—ึณื“ึธืฉืึดื™ื ื•ึฐื ึดืฉึผื‚ึตืืช ื•ึฐื™ึธืœึฐื“ึธื”, ื•ึฐืึตื™ืŸ ื™ึธื“ื•ึผืขึท ืึดื ื‘ึผึถืŸ ืชึผึดืฉืึฐืขึธื” ืœึธืจึดืืฉืื•ึนืŸ, ืื•ึน ื‘ึถืŸ ืฉืึดื‘ึฐืขึธื” ืœึธืึทื—ึฒืจื•ึนืŸ, ื‘ึผึฐื›ื•ึนืจ ืœึทื›ึผึนื”ึตืŸ ื•ึฐืึตื™ื ื•ึน ื‘ึฐื›ื•ึนืจ ืœึทื ึผึทื—ึฒืœึธื”. ืึตื™ื–ึถื”ื•ึผ ื‘ึผึฐื›ื•ึนืจ ืœึทื ึผึทื—ึฒืœึธื” ื•ึฐืœึทื›ึผึนื”ึตืŸ, ื”ึทืžึผึทืคึผึถืœึถืช ืฉืึฐืคึดื™ืจ ืžึธืœึตื ื“ึธื, ืžึธืœึตื ืžึทื™ึดื, ืžึธืœึตื ื’ึฐื ึดื™ื ึดื™ื, ื”ึทืžึผึทืคึผึถืœึถืช ื›ึผึฐืžึดื™ืŸ ื“ึผึธื’ึดื™ื ื•ึทื—ึฒื’ึธื‘ึดื™ื ืฉืึฐืงึธืฆึดื™ื ื•ึผืจึฐืžึธืฉื‚ึดื™ื, ื”ึทืžึผึทืคึผึถืœึถืช ื™ื•ึนื ืึทืจึฐื‘ึผึธืขึดื™ื, ื”ึทื‘ึผึธื ืึทื—ึฒืจึตื™ื”ึถืŸ, ื‘ึผึฐื›ื•ึนืจ ืœึทื ึผึทื—ึฒืœึธื” ื•ึฐืœึทื›ึผึนื”ึตืŸ:
ืืณ
Bartenura

ื™ืฉ ื‘ื›ื•ืจ ืœื ื—ืœื” โ€“ to take a double portion (see Deuteronomy 21:17).

ื•ืื™ื ื• ื›ื‘ื• ืœื›ื”ืŸ โ€“ to give to a Kohen his redemption price of five Selas (see Numbers 18:16).

ื”ื‘ื ืื—ืจ ื”ื ืคืœื™ื โ€“ 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): โ€œsince he is the first fruit of his vigor,โ€ 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.

ื•ื‘ืŸ ืชืฉืขื” ืžืช ืฉื™ืฆื ืจืืฉื• โ€“ 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.

ื•ื›ืŸ ื”ืžืคืœืช ื‘ื”ืžื” ื›ื•' โ€“ 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.

ื•ื—ื›ืžื™ื ืื•ืžืจื™ื ืขื“ ืฉื™ื”ื ื‘ื• ืžืฆื•ืจืช ืื“ื โ€“ 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.

ืกื ื“ืœ (a flat, fish-shaped abortion -see Tractate Niddah, Chapter 3, Mishnah 4) โ€“ 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 ืกื ื“ืœ has explanations/commentaries that are hated and poor.

ืื• ืฉืœื™ื โ€“ that there is no placenta without a child but that it is softened. But however, it is the opening of the womb.

ื•ืฉืคื™ืจ ืžืจื•ืงื (fully-formed fetus)โ€“ 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.

ื•ื”ื™ื•ืฆื ืžื—ื•ืชืš โ€“ 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.

ืฉื›ื‘ืจ ื™ืœื“ื” - that in regard to inheritance of the father, it is written (Deuteronomy 21:17): โ€œthe first fruit of his vigorโ€, but regarding the Kohen, the All-Merciful depends upon the opening of the womb (see Exodus 13:2 and 12).

ืขื•ื“ื” ืฉืคื—ื” โ€“ 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.

ืจื‘ื™ ื™ื•ืกื™ ื”ื’ืœื™ืœื™ ืื•ืžืจ ื‘ื›ื•ืจ ืœื ื—ืœื” ื•ืœื›ื”ืŸ โ€“ 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.

ื ืชื’ื™ื™ืจื” ืžืขื•ื‘ืจืช โ€“ 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): โ€œ[she lusted for concubinage with them, whose members were like those of asses] and whose organs like those of stallions.โ€

ื•ื™ืœื“ื” ื”ื™ื ื•ื›ื”ื ืช โ€“ 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.

ืื• ื”ื™ื ื•ืœื•ื™ื” โ€“ 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).

ืื• ื”ื™ื ื•ืืฉื” ืฉื›ื‘ืจ ื™ืœื“ื” โ€“ and it is not known which is her son (as the babies had been mixed up).

ื›ื‘ื•ืจ ืœื›ื”ืŸ โ€“ 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.

ื•ืœื ืœื ื—ืœื” โ€“ for he did not know the son of whom it is.

ื•ื›ืŸ ืžื™ ืฉืœื ืฉื”ืชื” ื›ื•' โ€“ 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).

ืžืœื ื’ื ื™ื ื™ื ([an abortion consisting of] a bag full of a many-colored substance โ€“ see also Tractate Niddah, Chapter 3, Mishnah 3 and Niddah 24b) โ€“ many colors. Another explanation โ€“ worms. That the fetus is made completely of many small, thin pieces similar to worms.

ื“ื’ื™ื ื•ื—ื’ื‘ื™ื โ€“ they are not offspring, for it was not stated about them a creation like a human.

ื™ื•ื ืืจื‘ืขื™ื โ€“ from when she became pregnant, it is merely water, and there isnโ€™t an embryo until the day after the fortieth day, for on the fortieth day is the creation of the embryo.

ื™ืฉ ื‘ื›ื•ืจ ืœื ื—ืœื”. ืœื™ื˜ื•ืœ ืคื™ ืฉื ื™ื:

ื•ืื™ื ื• ื‘ื›ื•ืจ ืœื›ื”ืŸ. ืœืชืช ืœื›ื”ืŸ ืคื“ื™ื•ื ื• ื—ืžืฉืช ืกืœืขื™ื:

ื”ื‘ื ืื—ืจ ื”ื ืคืœื™ื. ื›ื’ื•ืŸ ืฉื”ื™ื• ืชืื•ืžื™ื, ืื—ื“ ืžื”ื ื ืคืœ ืฉืœื ื›ืœื• ืœื• ื—ื“ืฉื™ื• ื•ืื—ื“ ื›ืœื• ืœื• ื—ื“ืฉื™ื•, ื•ื”ื ืคืœ ืฉืœื ื›ืœื• ืœื• ื—ื“ืฉื™ื• ื™ืฆื ืจืืฉื• ื—ื™ ื•ื”ื—ื–ื™ืจื•, ื•ืงื“ืžื• ืื—ื™ื• ื•ื™ืฆื. ื–ื” ื”ืื—ืจื•ืŸ ื‘ื›ื•ืจ ืœื ื—ืœื”, ื“ืจืืฉื•ืŸ ืœื ื”ืคืกื™ื“ื•, ื•ืืขืดื’ ื“ื™ืฆื™ืืช ื”ืจืืฉื•ืŸ ื—ืฉื™ื‘ื ืœื™ื“ื” ืžืขืœื™ื. ื•ื˜ืขืžื, ืžืฉื•ื ื“ื›ืชื™ื‘ ืจืืฉื™ืช ืื•ื ื•, ืžื™ ืฉืœื‘ ืื‘ื™ื• ื“ื•ื” ืขืœื™ื• ืื ืžืช, ื™ืฆื ื ืคืœ ืฉื”ื•ืฆื™ื ืจืืฉื• ืจืืฉื•ืŸ ื“ืœืื• ื‘ืจ ืงื™ื™ืžื [ื”ื•ื] ื“ืื™ืŸ ืœื‘ื• ื“ื•ื” ืขืœื™ื•. ืื‘ืœ ืœืขื ื™ืŸ ืคื˜ืจ ืจื—ื ืคื˜ื•ืจ ื”ืื™ ื•ืœื“ [ืื—ืจื•ืŸ], ื“ื‘ืคื˜ืจ ืจื—ื ืชืœื” ืจื—ืžื ื, ื•ื”ืจื™ ื”ืจืืฉื•ืŸ ืคื˜ืจ ืืช ื”ืจื—ื:

ื•ื‘ืŸ ืชืฉืขื” ืžืช ืฉื™ืฆื ืจืืฉื•. ื•ื”ื—ื–ื™ืจื•, ื•ื™ืฆื ืื—ื™ื•, ื”ื•ื™ ื‘ื›ื•ืจ ืœื ื—ืœื”. ื“ื”ื ืจืืฉื•ืŸ ืœื ื—ืฉื™ื‘, ื“ืื™ืŸ ืœื‘ื• ื“ื•ื” ืขืœื™ื•, ื•ืœืขื ื™ืŸ ื›ื”ืŸ ืœืื• ืคื˜ืจ ืจื—ื ื”ื•ื. ืื‘ืœ ื™ืฆื ืจืืฉ ื‘ืŸ ืชืฉืขื” ื—ื™ ื•ืื—ืดื› ื”ื—ื–ื™ืจื• ื•ืžืช, ื‘ื›ื•ืจ ืœื ื—ืœื” ื ืžื™ ืœื ื”ื•ื™ ื–ื” ื”ื‘ื ืื—ืจื™ื•:

ื•ื›ืŸ ื”ืžืคืœืช ื‘ื”ืžื” ื›ื•ืณ ืœืžืคื˜ืจ ืžื ื—ืœื” ืœื ื—ืฉื™ื‘ื™ ื“ืื™ืŸ ื”ืœื‘ ื“ื•ื” ืขืœื™ื”ื, ืื‘ืœ ืคื˜ืจ ืจื—ื ืžื™ื”ื ื”ื•ื™:

ื•ื—ื›ืžื™ื ืื•ืžืจื™ื ืขื“ ืฉื™ื”ื ื‘ื• ืžืฆื•ืจืช ืื“ื. ืœื ื—ืฉื™ื‘ ืคื˜ืจ ืจื—ื, ื•ื”ื‘ื ืื—ืจื™ื• ื”ื•ื™ ื‘ื›ื•ืจ ืœื›ื”ืŸ. ื•ื”ืœื›ื” ื›ื—ื›ืžื™ื:

ืกื ื“ืœ. ื—ืชื™ื›ืช ื‘ืฉืจ ืขืฉื•ื™ื” ื›ื“ืžื•ืช ืกื ื“ืœ, ื•ืื™ืŸ ืœื” ืฆื•ืจืช ืื‘ืจื™ื, ื•ืจื’ื™ืœื” ืœื‘ื•ื ืขื ื•ืœื“. ื•ืœืฉื•ืŸ ืกื ื“ืœ ื™ืฉ ืžืคืจืฉื™ื ืฉื ืื•ื™ ื•ื“ืœ:

ืื• ืฉืœื™ื. ื“ืื™ืŸ ืฉืœื™ื ื‘ืœื ื•ืœื“ ืืœื ืฉื ื™ืžื•ื—, ื•ืžื™ื”ื• ืคื˜ืจ ืจื—ื ื”ื•ื™:

ื•ืฉืคื™ืจ ืžืจื•ืงื. ื—ืชื™ื›ื” ืฉืœ ื‘ืฉืจ ืฉืžืจื•ืงื ื‘ื” ืฆื•ืจืช ื”ืขื•ื‘ืจ. ื•ืขืœ ืฉื ืฉืขืฉื•ื™ื” ื›ืฉืคื•ืคืจืช ืฉืœ ื‘ื™ืฆื” ืงืจื•ื™ื” ืฉืคื™ืจ:

ื•ื”ื™ื•ืฆื ืžื—ื•ืชืš. ืฉื ื—ืชืš ืื‘ืจ ืื‘ืจ ื•ื‘ื“ืจืš ื–ื” ื™ืฆื ื›ื•ืœื•. ืื‘ืœ ืจืืฉ ืžื—ื•ืชืš, ืœื ืคื˜ืจ ืื ืงื“ื ืื—ื™ื• ื•ื™ืฆื ืงื•ื“ื ื™ืฆื™ืืช ืจื•ื‘ ืื‘ืจื™ ื”ืžื—ื•ืชืš, ื•ื”ื•ื™ ื ืžื™ ื‘ื›ื•ืจ ืœื›ื”ืŸ:

ืฉื›ื‘ืจ ื™ืœื“ื”. ื“ืœืขื ื™ืŸ ื ื—ืœื” ื“ืื‘ ื›ืชื™ื‘ ืจืืฉื™ืช ืื•ื ื•, ื•ืœืขื ื™ืŸ ื›ื”ืŸ ืชืœื ืจื—ืžื ื ื‘ืคื˜ืจ ืจื—ื:

ืขื•ื“ื” ืฉืคื—ื”. ืืคื™ืœื• ืขื•ื“ื” ืฉืคื—ื” ื‘ืœื™ื“ื” ืจืืฉื•ื ื” ื•ื ืฉืชื—ืจืจื” ืขื›ืฉื™ื•. ืื• ื ื›ืจื™ืช ื•ื ืชื’ื™ื™ืจื” ื•ืžืฉื‘ืืช ืœื™ื“ ื™ืฉืจืืœ ื™ืœื“ื”, ื ืžื™ ื”ื•ื™ ื‘ื›ื•ืจ ืœื ื—ืœื”, ืฉื”ืจื™ ืœื ื”ื™ื• ืœื–ื” ื‘ื ื™ื:

ืจื‘ื™ ื™ื•ืกื™ ื”ื’ืœื™ืœื™ ืื•ืžืจ ื‘ื›ื•ืจ ืœื ื—ืœื” ื•ืœื›ื”ืŸ. ื“ื‘ื ื™ื ื”ื ื•ืœื“ื™ื ื‘ื ื›ืจื™ื•ืชื” ืœื ืคื˜ืจื™. ื•ืื™ืŸ ื”ืœื›ื” ื›ืจื‘ื™ ื™ื•ืกื™ ื”ื’ืœื™ืœื™:

ื ืชื’ื™ื™ืจื” ืžืขื•ื‘ืจืช. ื•ื‘ืขืœื” ืขืžื” ื•ื™ืœื“ื”. ื”ืจื™ ืื•ืชื• ื•ืœื“ ื‘ื›ื•ืจ ืœื›ื”ืŸ, ื“ืคื˜ืจ ืจื—ื ื”ื•ื ื‘ื™ืฉืจืืœ. ื•ืœื ืœื ื—ืœื”, ื“ื›ื™ื•ืŸ ื“ื”ื•ืจืชื• ืฉืœื ื‘ืงื“ื•ืฉื” ืœืื• ื‘ืจ ื ื—ืœื” ื”ื•ื, ื“ื–ืจืข ืขื•ื‘ื“ ื›ื•ื›ื‘ื™ื ืจื—ืžื ื ืืคืงืจื™ื”, ื“ื›ืชื™ื‘ (ื™ื—ื–ืงืืœ ื›ืดื’:ื›ืณ) ื•ื–ืจืžืช ืกื•ืกื™ื ื–ืจืžืชื:

ื™ืœื“ื” ื”ื™ื ื•ื›ื”ื ืช. ื‘ืช ื™ืฉืจืืœ ืžื‘ื›ืจืช ืฉื™ืœื“ื” ืขื ื›ื”ื ืช ืžื‘ื›ืจืช ื•ืื™ืŸ ื™ื“ื•ืข ืื™ ื–ื” ื•ืœื“ ืฉืœ ื™ืฉืจืืœ:

ืื• ื”ื™ื ื•ืœื•ื™ื”. ื“ืœื•ื™ื” ื ืžื™ ื‘ื ื” ืคื˜ื•ืจ ืžื—ืžืฉ ืกืœืขื™ื. ื›ื“ืืžืจืŸ ื‘ืคืจืง ืงืžื:

ืื• ื”ื™ื ื•ืืฉื” ืฉื›ื‘ืจ ื™ืœื“ื”. ื•ืื™ืŸ ื™ื“ื•ืข ืื™ื–ื” ื‘ื ื”:

ื‘ื›ื•ืจ ืœื›ื”ืŸ. ื•ื‘ืขืœื” ืฉืœ ืžื‘ื›ืจืช ื—ื™ื™ื‘ ื—ืžืฉ ืกืœืขื™ื ืœื›ื”ืŸ, ื“ื”ื ื‘ืŸ ื–ื›ืจ ื™ืฉ ืœื• ื›ืœ ื”ื™ื›ื ื“ืื™ืชื™ื”:

ื•ืœื ืœื ื—ืœื”. ื“ื”ื ืœื ื™ื“ืข ื‘ืจื™ื” ื“ืžืืŸ ื”ื•ื:

ื•ื›ืŸ ืžื™ ืฉืœื ืฉื”ืชื” ื›ื•ืณ ื”ื•ื ื‘ื›ื•ืจ ืœื›ื”ืŸ, ื•ื”ื•ื ื™ืคื“ื” ืืช ืขืฆืžื•. ื•ืœื ืœื ื—ืœื”, ื“ื”ื ืœื ื™ื“ืข ืžืืŸ ื™ืจื™ืช. ื•ืืคื™ืœื• ื›ืคืฉื•ื˜ ืœื ื™ืจื™ืช, ื“ื”ืื™ ืžื“ื—ื™ ืœื™ื” ืœื’ื‘ื™ ื”ืื™ ื•ื”ืื™ ืžื“ื—ื™ ืœื™ื” ืœื’ื‘ื™ ื”ืื™. ื•ืžืชื ื™ืชื™ืŸ ื“ืงืชื ื™ ื•ืœื ืœื ื—ืœื”, ืขืœ ื”ื‘ื ืื—ืจื™ื• ืงืืžืจ, ืฉื”ื‘ื ืื—ืจื™ื• ืื™ื ื• ื‘ื›ื•ืจ ืœื ื—ืœื”, ื“ืฉืžื ื–ื” ื”ืกืคืง ื‘ืŸ ื”ืื—ืจื•ืŸ ื”ื•ื:

ืžืœื ื’ื ื™ื ื™ื. ืžืœื ื’ื•ื•ื ื™ื ื”ืจื‘ื”. ืคื™ืจื•ืฉ ืื—ืจ, ืชื•ืœืขื™ื. ืฉื”ืฉืคื™ืจ ืขืฉื•ื™ ื›ื•ืœื• ื—ืชื™ื›ื•ืช ืงื˜ื ื•ืช ื“ืงื•ืช ื“ื•ืžื•ืช ืœืชื•ืœืขื™ื:

ื“ื’ื™ื ื•ื—ื’ื‘ื™ื. ืœืื• ื•ืœื“ ื ื™ื ื”ื•, ื“ืœื ื ืืžืจื” ื‘ื”ืŸ ื™ืฆื™ืจื” ื›ืื“ื:

ื™ื•ื ืืจื‘ืขื™ื. ืžืฉื ืชืขื‘ืจื”, ืžื™ื ื‘ืขืœืžื ื ื™ื ื”ื•, ื•ืื™ืŸ ื›ืืŸ ื•ืœื“ ืขื“ ืœืžื—ืจืช ื™ื•ื ืืจื‘ืขื™ื. ื“ืืจื‘ืขื™ื ื™ื•ื ื”ื•ื™ ื™ืฆื™ืจืช ื”ื•ืœื“:

Mishnah 2

Mishnayos Bechoros Perek 8 Mishnah 2

ื‘ื›ื•ืจื•ืช ืคืจืง ื—ืณ ืžืฉื ื” ื‘ืณ

2
In the case of a boy born by caesarean section and the son who follows him, both of them are not firstborn, neither with regard to inheritance nor with regard to redemption from a priest. Rabbi Shimon says: The first son is a firstborn with regard to inheritance if he is his fatherโ€™s first son, and the second son is a firstborn with regard to redemption from a priest for five sela coins, because he is the first to emerge from the womb and he emerged in the usual way.
ื™ื•ึนืฆึตื ื“ึนืคึถืŸ ื•ึฐื”ึทื‘ึผึธื ืึทื—ึฒืจึธื™ื•, ืฉืึฐื ึตื™ื”ึถื ืึตื™ื ึธืŸ ื‘ึผึฐื›ื•ึนืจ ืœึนื ืœึทื ึผึทื—ึฒืœึธื” ื•ึฐืœึนื ืœึทื›ึผึนื”ึตืŸ. ืจึทื‘ึผึดื™ ืฉืึดืžึฐืขื•ึนืŸ ืื•ึนืžึตืจ, ื”ึธืจึดืืฉืื•ึนืŸ ืœึทื ึผึทื—ึฒืœึธื”, ื•ึฐื”ึทืฉึผืึตื ึดื™ ืœึฐื—ึธืžึตืฉื ืกึฐืœึธืขึดื™ื:
ื‘ืณ
Bartenura

ื™ื•ืฆื ื“ื•ืคืŸ ื•ื”ื‘ื ืื—ืจื™ื• โ€“ [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.

ืฉื ื™ื”ื ืื™ื ืŸ ื‘ื›ื•ืจ โ€“ the first [child born] is not a firstborn for [a double-portion of the] inheritance, for we require (Deuteronomy 21:15): โ€œ[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].โ€ The second is also not the first-born, for we require (Deuteronomy 21:17): โ€œthe first fruit of his vigor.โ€ And the first born for a Kohen โ€“ the first is not, for we require (Numbers 18:15): โ€œthe first issue of the womb.โ€ 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.

ืจื‘ื™ ืฉืžืขื•ืŸ ืื•ืžืจ ื”ืจืฉื•ืŸ ืœื ื—ืœื” โ€“ he holds that (Deuteronomy 21:15) โ€œhave born [him sons],โ€ that even for that comes out from the wall (i.e., Caesarean section) is implied.

ื•ื”ืฉื ื™ ืœื—ืžืฉ ืกืœืขื™ื โ€“ 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.

ื™ื•ืฆื ื“ื•ืคืŸ ื•ื”ื‘ื ืื—ืจื™ื•. ื“ืจืš ืจื—ื. ื›ื’ื•ืŸ ืฉืงืจืขื• ืืฉื” ืฉืชืื•ืžื™ื ื‘ื‘ื˜ื ื”, ื•ืœืื—ืจ ืฉื”ื•ืฆื™ืื• ื”ืจืืฉื•ืŸ ื“ืจืš ื“ื•ืคืŸ ื™ืฆื ื”ืฉื ื™ ื“ืจืš ืจื—ื. ืื‘ืœ ืœื”ื•ืฆื™ื ื•ืœื“ ืžืŸ ื”ืืฉื” ื“ืจืš ื“ื•ืคืŸ ื•ืฉืชืชืจืคื ื”ืืฉื” ื•ืชื—ื–ื•ืจ ื•ืชืชืขื‘ืจ ื•ืชืœื“, ื›ืชื‘ ืจืžื‘ืดื ื“ืื™ ืืคืฉืจ:

ืฉื ื™ื”ื ืื™ื ืŸ ื‘ื›ื•ืจ. ืจืืฉื•ืŸ ืœื ื”ื•ื™ ื‘ื›ื•ืจ ืœื ื—ืœื”, ื•ื™ืœื“ื• ืœื• ื‘ืขื™ื ืŸ. ื•ืฉื ื™ ื ืžื™ ืœื, ืจืืฉื™ืช ืื•ื ื• ื‘ืขื™ื ืŸ. ื•ื‘ื›ื•ืจ ืœื›ื”ืŸ ืจืืฉื•ืŸ ืœื ื”ื•ื™, ื“ืคื˜ืจ ืจื—ื ื‘ืขื™ื ืŸ. ื•ืฉื ื™ ื ืžื™ ืœื ื”ื•ื™ ื‘ื›ื•ืจ ืœื›ื”ืŸ, ื“ื‘ื›ื•ืจ ืœืจื—ื ื•ืื™ื ื• ื‘ื›ื•ืจ ืœื•ืœื“ื•ืช ื›ื’ื•ืŸ ื–ื” ืฉื”ื™ื” ื•ืœื“ ืงื•ื“ื. ืœื›ืŸ, ืื™ื ื• ื‘ื›ื•ืจ:

ืจื‘ื™ ืฉืžืขื•ืŸ ืื•ืžืจ ื”ืจืืฉื•ืŸ ืœื ื—ืœื”. ืกื‘ืจ ื•ื™ืœื“ื• ืืฃ ื™ื•ืฆื ื“ื•ืคืŸ ื‘ืžืฉืžืข:

ื•ื”ืฉื ื™ ืœื—ืžืฉ ืกืœืขื™ื. ืกื‘ืจ, ื‘ื›ื•ืจ ืœืจื—ื ืืขืดืค ืฉืื™ื ื• ื‘ื›ื•ืจ ืœื•ืœื“ื•ืช ื”ื•ื™ ื‘ื›ื•ืจ. ื•ืื™ืŸ ื”ืœื›ื” ื›ืจืณ ืฉืžืขื•ืŸ:

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