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Bekhorot 19

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Summary

Is it considered a firstborn if it is only a firstborn from a particular aspect? One who purchases an animal from a non-Jew and doesn’t know if the animal has given birth yet, how does one treat its offspring? According to Rabbi Yishmael who says that past a certain age, it is treated as a firstborn out of doubt, wouldn’t we just follow the majority as most animals give birth within their first year of being able to conceive? In order to answer this question, the gemara discusses the differences between a majority that is actually there vs. a statistical majority.

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Bekhorot 19

דְּהָךְ דְּלָא בִּיכְּרָה שְׁבִיחַ טְפֵי צְרִיכָא.

that this offspring born to the ewe that had not previously given birth is superior. The Gemara concludes: Consequently, it was necessary to teach each case.

מַתְנִי׳ יוֹצֵא דּוֹפֶן וְהַבָּא אַחֲרָיו, רַבִּי טַרְפוֹן אוֹמֵר: שְׁנֵיהֶם יִרְעוּ עַד שֶׁיִּסְתָּאֲבוּ, וְיֵאָכְלוּ בְּמוּמָן לַבְּעָלִים. רַבִּי עֲקִיבָא אוֹמֵר: שְׁנֵיהֶן אֵינָן בְּכוֹר, הָרִאשׁוֹן — מִפְּנֵי שֶׁאֵינוֹ ״פֶּטֶר רֶחֶם״, וְהַשֵּׁנִי — מִפְּנֵי שֶׁקְּדָמוֹ אַחֵר.

MISHNA: With regard to an animal born by caesarean section and the offspring that follows it, since there is uncertainty whether each is a firstborn, neither is given to the priest. Rabbi Tarfon says: Both of them must graze until they become unfit, and they may be eaten in their blemished state by their owner. Rabbi Akiva says: Neither of them is firstborn; the first because it is not the one that opens the womb (see Exodus 13:12), as this animal did not itself open the womb, and the second because the other one preceded it.

גְּמָ׳ בְּמַאי קָמִיפַּלְגִי? רַבִּי טַרְפוֹן מְסַפְּקָא לֵיהּ: בְּכוֹר לְדָבָר אֶחָד, אִי הָוֵי בְּכוֹר אִי לָא הָוֵי בְּכוֹר, וְרַבִּי עֲקִיבָא פְּשִׁיטָא לֵיהּ: בְּכוֹר לְדָבָר אֶחָד לָא הָוֵי בְּכוֹר.

GEMARA: The Gemara asks: With regard to what do Rabbi Akiva and Rabbi Tarfon disagree? Rabbi Tarfon is uncertain with regard to an animal that is a firstborn in one aspect, e.g., first to be born or first to open the womb, whether it is considered a firstborn or whether it is not considered a firstborn. And conversely, it is obvious to Rabbi Akiva that an animal which is a firstborn in only one aspect is not considered a firstborn.

תָּנוּ רַבָּנַן: מִכְּלָל הַצָּרִיךְ לִפְרָט וּמִפְּרָט הַצָּרִיךְ לִכְלָל, כֵּיצַד? ״קַדֶּשׁ לִי כׇל בְּכוֹר״, יָכוֹל אֲפִילּוּ נְקֵבָה בַּמַּשְׁמָע? תַּלְמוּד לוֹמַר ״זָכָר״.

With regard to the definition of a firstborn, the Sages taught in a baraita: This halakha can be derived by means of the form of exegesis known as: From a generalization that requires a detail, and from a detail that requires a generalization. How so? The verse states: “Sanctify to Me all the firstborn, that which opens any womb among the children of Israel, both of man and of animal, it is Mine” (Exodus 13:2). Had the verse written only the generalization: “Sanctify to Me all the firstborn,” one might have thought that even a female animal is included in the category of a firstborn. Therefore, the verse states the detail: “Every firstborn male…you shall sanctify to the Lord” (Deuteronomy 15:19).

אִי ״זָכָר״, יָכוֹל אֲפִילּוּ יָצְתָה נְקֵבָה לְפָנָיו? תַּלְמוּד לוֹמַר: ״פֶּטֶר רֶחֶם״. אִי ״פֶּטֶר רֶחֶם״, יָכוֹל אֲפִילּוּ יָצָא אַחַר יוֹצֵא דּוֹפֶן? תַּלְמוּד לוֹמַר: ״בְּכוֹר״.

And had the verse stated only: “Every firstborn male,” one might have thought that the first male offspring of an animal has firstborn status, even in a case where a female emerged from the womb before it. Therefore, the verse states: “That which opens any womb,” to teach that only an animal that itself opens its mother’s womb can be a firstborn. And had the verse stated only: “That which opens any womb,” one might have thought that even an animal that emerged from the womb after its older sibling was born by caesarean section is considered firstborn. Therefore, the verse states: “All the firstborn,” to teach that only the first offspring can be considered a firstborn.

אֲמַר לֵיהּ רַב שֵׁרֵבְיָא לְאַבָּיֵי: רֵישָׁא לָא קָנָסֵיב לַהּ תַּלְמוּדָא ״בְּכוֹר״, אַלְמָא בְּכוֹר לְדָבָר אֶחָד הָוֵי בְּכוֹר. סֵיפָא קָנָסֵיב לַהּ תַּלְמוּדָא ״בְּכוֹר״, אַלְמָא בְּכוֹר לְדָבָר אֶחָד לָא הָוֵי בְּכוֹר!

The Gemara analyzes the baraita. Rav Sherevya said to Abaye: In the first clause, the baraita does not cite proof from the word “firstborn” that a male born after a female is not considered a firstborn. Apparently, an animal that is a firstborn in one aspect is called a firstborn, otherwise the baraita would not have had to derive the exclusion of a male born after a female from the phrase “that which opens any womb”; it could have cited the word “firstborn.” And in the last clause, the baraita does cite proof from the word “firstborn” that an animal whose older sibling was born by caesarean section is not considered a firstborn, despite the fact that it is a firstborn in one aspect. Apparently, a firstborn in one aspect is not called a firstborn. If so, the baraita is self-contradictory.

אֲמַר לֵיהּ: לְעוֹלָם בְּכוֹר לְדָבָר אֶחָד לָא הָוֵי בְּכוֹר, וְרֵישָׁא הָכִי קָאָמַר: אִי זָכָר, יָכוֹל אֲפִילּוּ יוֹצֵא דּוֹפֶן? תַּלְמוּד לוֹמַר ״פֶּטֶר רֶחֶם״.

Abaye said to Rav Sherevya: Actually, a firstborn in one aspect is not called a firstborn, and this is what the first clause is saying: Had the verse stated only: “Every firstborn male,” one might have thought that even an animal born by caesarean section is itself considered a firstborn. Therefore, the verse states: “That which opens any womb,” to teach that an animal must itself open the womb to be considered a firstborn. The word “firstborn” cannot be cited as proof that an animal born by caesarean section is not a firstborn, as such an animal was in fact born first. Therefore, the tanna cites the phrase “that which opens any womb.” Once this phrase is cited, then a male born after a female is excluded as well, despite the fact that this halakha could have been derived from the word “firstborn.”

רָבִינָא אָמַר: לְעוֹלָם בְּכוֹר לְדָבָר אֶחָד הָוֵי בְּכוֹר, וְסֵיפָא הָכִי קָאָמַר: אִי סָלְקָא דַעְתָּךְ יָצָא אַחֵר יוֹצֵא דּוֹפֶן קָדוֹשׁ, ״בְּכוֹר״ דִּכְתַב רַחֲמָנָא לְמָה לִי?

Ravina said that there is a different explanation: Actually, a firstborn in one aspect is called a firstborn, and the halakha is not derived from the meaning of the word “firstborn” itself, but from the fact that it is superfluous. And this is what the last clause is saying: If it enters your mind that an animal which emerged from the womb after its older sibling was born by caesarean section is sanctified, why do I need the word “firstborn” that the Merciful One wrote?

אִי לְמַעוֹטֵי הֵיכָא דְּיָצְתָה נְקֵבָה לְפָנָיו — מִ״פֶּטֶר רֶחֶם״ נָפְקָא! אֶלָּא שְׁמַע מִינַּהּ ״בְּכוֹר״ לְמַעוֹטֵי הֵיכָא דְּיוֹצֵא אַחַר יוֹצֵא דּוֹפֶן.

If it serves to exclude a case where a female emerged from the womb before it, that is derived from the phrase “that which opens any womb.” Rather, conclude from it that “firstborn” serves to exclude a case where an animal emerged from the womb after its older sibling was born by caesarean section. According to Ravina, the word “firstborn” is referring to an animal that is a firstborn even in only one aspect, but as it is extraneous it serves to exclude an animal whose older sibling was born by caesarean section.

אֲמַר לֵיהּ רַב אַחָא מִדִּפְתִּי לְרָבִינָא: אִי סָלְקָא דַעְתָּךְ בְּכוֹר לְדָבָר אֶחָד הָוֵי בְּכוֹר, תִּינַח הֵיכָא דְּיָצָא זָכָר יוֹצֵא דּוֹפֶן וְזָכָר דֶּרֶךְ רֶחֶם, דְּלָא קָדוֹשׁ, דְּאִימַּעוּט לֵידָה מִ״בְּכוֹר״, דִּבְכוֹר לִרְחָמִים אִיכָּא, בְּכוֹר לִזְכָרִים לֵיכָּא.

Rav Aḥa of Difti said to Ravina: If it enters your mind that a firstborn in one aspect is called a firstborn and the derivation is based on the fact that the term “firstborn” is superfluous, that works out well in a case where a male emerged by caesarean section and then another male emerged through the womb. It stands to reason that it is not sanctified, as this birth is excluded by the word “firstborn,” as it is the firstborn of the womb, but it is not the firstborn of the males.

אֶלָּא הֵיכָא דְּיָצְתָה נְקֵבָה דֶּרֶךְ דּוֹפֶן וְזָכָר דֶּרֶךְ רֶחֶם — לִיקְדַּשׁ, דְּהָא אִיכָּא בְּכוֹר לִזְכָרִים וּבְכוֹר לְרֶחֶם! אֶלָּא מְחַוַּורְתָּא כִּדְאַבָּיֵי.

But in a case where a female emerged by caesarean section and afterward a male was born through the womb, let it be sanctified, as it is the firstborn of the males and the firstborn of the womb. One cannot derive the exclusions of both of these cases from the word “firstborn,” and yet the baraita indicates that even if a female was born first by caesarean section, the male born afterward is not considered the firstborn. The Gemara concludes: Rather, it is clear that the baraita must be interpreted in accordance with the explanation of Abaye, that a firstborn in one aspect is not called a firstborn.

הֲדַרַן עֲלָךְ הַלּוֹקֵחַ עוּבַּר פָּרָתוֹ.

מַתְנִי׳ הַלּוֹקֵחַ בְּהֵמָה מִן הַגּוֹי, וְאֵינוֹ יוֹדֵעַ אִם בִּיכְּרָה אִם לֹא בִּיכְּרָה. רַבִּי יִשְׁמָעֵאל אוֹמֵר: עֵז בַּת שְׁנָתָהּ — וַדַּאי לַכֹּהֵן, מִכָּאן וְאֵילָךְ — סָפֵק. רָחֵל בַּת שְׁתַּיִם — וַדַּאי לַכֹּהֵן, מִכָּאן וְאֵילָךְ — סָפֵק. פָּרָה וַחֲמוֹר בְּנוֹת שָׁלֹשׁ — וַדַּאי לַכֹּהֵן, מִכָּאן וְאֵילָךְ — סָפֵק.

MISHNA: In the case of one who purchases a female animal from a gentile and does not know whether it had previously given birth or whether it had not previously given birth, and after the purchase the animal gave birth to a male, Rabbi Yishmael says: If the mother was a goat within its first year the male offspring certainly is given to the priest, as it definitely never gave birth previously. From that point forward, i.e., if the mother is older than that, its offspring’s status as a firstborn is uncertain. If it was a ewe within its second year the male offspring certainly is given to the priest; from that point forward an offspring’s status is uncertain. If it was a cow or a donkey within its third year the male offspring certainly is given to the priest; from that point forward the offspring’s status is uncertain.

אָמַר לוֹ רַבִּי עֲקִיבָא: אִילּוּ בְּוָולָד בִּלְבַד הַבְּהֵמָה נִפְטֶרֶת כִּדְבָרֶיךָ, אֶלָּא אָמְרוּ: סִימָן הַוָּולָד בִּבְהֵמָה דַּקָּה — טִינּוּף, וּבַגַּסָּה — שִׁילְיָא, וּבָאִשָּׁה — שָׁפִיר וְשִׁילְיָא.

Rabbi Akiva said to him: Were an animal exempted only by giving birth to an offspring and in no other manner the halakha would be in accordance with your statement. But the Sages said: An indication of the offspring in a small animal is a murky discharge from the womb, which indicates the animal had been pregnant, and therefore exempts subsequent births from the mitzva of the firstborn. The indication in a large animal is the emergence of an afterbirth, and the indication in a woman is a fetal sac or an afterbirth. Since these can be produced even within a year, it cannot be assumed that an animal in its first year is definitely subject to the mitzva of the firstborn.

זֶה הַכְּלָל: כֹּל שֶׁיָּדוּעַ שֶׁבִּיכְּרָה — אֵין כָּאן לַכֹּהֵן כְּלוּם, וְכֹל שֶׁלֹּא בִּיכְּרָה — הֲרֵי זֶה לַכֹּהֵן, וְאִם סָפֵק — יֵאָכֵל בְּמוּמוֹ לַבְּעָלִים.

Rabbi Akiva continues: Rather, this is the principle: In any case where it is known that the animal had previously given birth, the priest has nothing here. And in any case where it is known that the animal had not previously given birth, that is given to the priest. And if it is uncertain, it may be eaten in its blemished state by the owner.

גְּמָ׳ מִיכָּן וְאֵילָךְ, אַמַּאי סָפֵק? הַלֵּךְ אַחַר רוֹב בְּהֵמוֹת, וְרוֹב בְּהֵמוֹת מִתְעַבְּרוֹת וְיוֹלְדוֹת בְּתוֹךְ שְׁנָתָן נִינְהוּ, וְהָא וַדַּאי מֵילָד אוֹלֵיד! לֵימָא רַבִּי יִשְׁמָעֵאל כְּרַבִּי מֵאִיר סְבִירָא לֵיהּ, דְּחָיֵישׁ לְמִיעוּטָא?

GEMARA: The mishna teaches that according to Rabbi Yishmael, the firstborn status of the offspring of a goat acquired from a gentile when it was more than one year old is uncertain. The Gemara asks: From that point forward, i.e., if it was bought after its first year, why is it in a state of uncertainty? One should follow the majority of animals, and as the majority of animals are impregnated and give birth within their first year, it can be assumed this animal certainly gave birth. The Gemara suggests: Shall we say Rabbi Yishmael holds in accordance with the opinion of Rabbi Meir, who says one must be concerned for the minority, i.e., he must take the minority of cases into account?

אֲפִילּוּ תֵּימָא רַבָּנַן, כִּי אָזְלִי בָּתַר רוּבָּא בְּרוּבָּא דְּאִיתֵיהּ קַמַּן, כְּגוֹן תֵּשַׁע חֲנוּיוֹת וְסַנְהֶדְרִין, אֲבָל רוּבָּא דְּלֵיתֵיהּ קַמַּן — לָא אָזְלִי רַבָּנַן בָּתַר רוּבָּא.

The Gemara responds: You may even say Rabbi Yishmael holds in accordance with the opinion of the Rabbis. When the Rabbis follow the majority, this is in a case of an evident majority, which is extant and can be examined. For example, in a situation where a piece of meat is found in front of nine stores selling kosher meat and one store selling non-kosher meat, and it is not known from which store it came, it may be assumed that it came from one of the stores that sells kosher meat. And similarly, the Sanhedrin reaches its decisions by a majority vote of its judges. But with regard to a non-evident majority, which is based solely upon statistical information such as the assertion that most animals become pregnant and give birth within their first year, even the Rabbis do not follow the majority.

וְהָא קָטָן וּקְטַנָּה, דְּרוּבָּא דְּלֵיתֵיהּ קַמַּן, וְקָאָזְלִי רַבָּנַן בָּתַר רוּבָּא, דִּתְנַן: קָטָן וּקְטַנָּה לֹא חוֹלְצִין וְלֹא מְיַיבְּמִין, דִּבְרֵי רַבִּי מֵאִיר. אָמְרוּ לוֹ: יָפֶה אָמַרְתָּ שֶׁאֵין חוֹלְצִין, ״אִישׁ״ כָּתוּב בַּפָּרָשָׁה, וּמַקְּשִׁינַן אִשָּׁה לְאִישׁ.

The Gemara raises a difficulty: But the case of levirate marriage of a male minor or a female minor is dependent upon a non-evident majority, and yet the Rabbis follow the majority in their ruling. As we learned in a baraita: A male minor or a female minor may not perform the ritual through which a yavam frees a yevama of her levirate bonds [ḥalitza], nor enter into levirate marriage; this is the statement of Rabbi Meir. The Rabbis said to Rabbi Meir: You have aptly stated that they may not perform ḥalitza, since “man,” indicating an adult male, is written in the section of the Torah addressing ḥalitza (see Deuteronomy 25:7). Although an adult female is not mentioned explicitly, we juxtapose the halakha of the woman to that of the man and require that the female involved in ḥalitza must be an adult as well.

מָה טַעַם אֵין מְיַיבְּמִין? אָמַר לָהֶם: קָטָן — שֶׁמָּא יִמָּצֵא סָרִיס, קְטַנָּה — שֶׁמָּא תִּמָּצֵא אַיְילוֹנִית, וְנִמְצְאוּ פּוֹגְעִין בְּעֶרְוָה.

But what is the reason they may not enter into levirate marriage, with regard to which the Torah’s wording does not specifically indicate adults? Rabbi Meir said to them: In the case of a male minor I am concerned lest he is found to be a eunuch, i.e., one who is incapable of fathering children, when he grows up. Similarly, a female minor may not enter into levirate marriage lest when she grows up she is found to be a sexually underdeveloped woman [ailonit], who is incapable of bearing children. In either case the mitzva of levirate marriage does not apply, and they would be found to have encountered a forbidden relative and entered into a forbidden relationship where no mitzva applies, as the entire purpose of levirate marriage is to have children for the brother who died childless.

וְרַבָּנַן, זִיל בָּתַר רוּבָּא קְטַנִּים, וְרוֹב קְטַנִּים לָאו סָרִיסִים נִינְהוּ; זִיל בָּתַר קְטַנּוֹת, וְרוֹב קְטַנּוֹת לָאו אַיְילוֹנִית נִינְהוּ!

And the Rabbis hold: Follow the majority of male minors, and most male minors are not eunuchs; and likewise, follow the majority of female minors, and most female minors are not sexually underdeveloped women. This indicates that the Rabbis disagree with Rabbi Meir even with regard to a non-evident majority.

אֶלָּא אָמַר רָבָא:

Rather, Rava says:

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The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

I am grateful for the structure of the Daf Yomi. When I am freer to learn to my heart’s content, I learn other passages in addition. But even in times of difficulty, I always know that I can rely on the structure and social support of Daf Yomi learners all over the world.

I am also grateful for this forum. It is very helpful to learn with a group of enthusiastic and committed women.

Janice Block-2
Janice Block

Beit Shemesh, Israel

Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!

Judith Weil
Judith Weil

Raanana, Israel

I started learning at the beginning of the cycle after a friend persuaded me that it would be right up my alley. I was lucky enough to learn at Rabbanit Michelle’s house before it started on zoom and it was quickly part of my daily routine. I find it so important to see for myself where halachot were derived, where stories were told and to get more insight into how the Rabbis interacted.

Deborah Dickson
Deborah Dickson

Ra’anana, Israel

Having never learned Talmud before, I started Daf Yomi in hopes of connecting to the Rabbinic tradition, sharing a daily idea on Instagram (@dafyomiadventures). With Hadran and Sefaria, I slowly gained confidence in my skills and understanding. Now, part of the Pardes Jewish Educators Program, I can’t wait to bring this love of learning with me as I continue to pass it on to my future students.

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Hannah Greenberg

Pennsylvania, United States

I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.

Julie Mendelsohn
Julie Mendelsohn

Zichron Yakov, Israel

I began Daf Yomi with the last cycle. I was inspired by the Hadran Siyum in Yerushalayim to continue with this cycle. I have learned Daf Yomi with Rabanit Michelle in over 25 countries on 6 continents ( missing Australia)

Barbara-Goldschlag
Barbara Goldschlag

Silver Spring, MD, United States

I started learning at the beginning of this Daf Yomi cycle because I heard a lot about the previous cycle coming to an end and thought it would be a good thing to start doing. My husband had already bought several of the Koren Talmud Bavli books and they were just sitting on the shelf, not being used, so here was an opportunity to start using them and find out exactly what was in them. Loving it!

Caroline Levison
Caroline Levison

Borehamwood, United Kingdom

I began learning with Rabbanit Michelle’s wonderful Talmud Skills class on Pesachim, which really enriched my Pesach seder, and I have been learning Daf Yomi off and on over the past year. Because I’m relatively new at this, there is a “chiddush” for me every time I learn, and the knowledge and insights of the group members add so much to my experience. I feel very lucky to be a part of this.

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Julie Landau

Karmiel, Israel

I start learning Daf Yomi in January 2020. The daily learning with Rabbanit Michelle has kept me grounded in this very uncertain time. Despite everything going on – the Pandemic, my personal life, climate change, war, etc… I know I can count on Hadran’s podcast to bring a smile to my face.
Deb Engel
Deb Engel

Los Angeles, United States

While vacationing in San Diego, Rabbi Leah Herz asked if I’d be interested in being in hevruta with her to learn Daf Yomi through Hadran. Why not? I had loved learning Gemara in college in 1971 but hadn’t returned. With the onset of covid, Daf Yomi and Rabbanit Michelle centered me each day. Thank-you for helping me grow and enter this amazing world of learning.
Meryll Page
Meryll Page

Minneapolis, MN, United States

It happened without intent (so am I yotzei?!) – I watched the women’s siyum live and was so moved by it that the next morning, I tuned in to Rabbanit Michelle’s shiur, and here I am, still learning every day, over 2 years later. Some days it all goes over my head, but others I grasp onto an idea or a story, and I ‘get it’ and that’s the best feeling in the world. So proud to be a Hadran learner.

Jeanne Yael Klempner
Jeanne Yael Klempner

Zichron Yaakov, Israel

I started learning Daf Yomi in January 2020 after watching my grandfather, Mayer Penstein z”l, finish shas with the previous cycle. My grandfather made learning so much fun was so proud that his grandchildren wanted to join him. I was also inspired by Ilana Kurshan’s book, If All the Seas Were Ink. Two years in, I can say that it has enriched my life in so many ways.

Leeza Hirt Wilner
Leeza Hirt Wilner

New York, United States

I started with Ze Kollel in Berlin, directed by Jeremy Borowitz for Hillel Deutschland. We read Masechet Megillah chapter 4 and each participant wrote his commentary on a Sugia that particularly impressed him. I wrote six poems about different Sugiot! Fascinated by the discussions on Talmud I continued to learn with Rabanit Michelle Farber and am currently taking part in the Tikun Olam course.
Yael Merlini
Yael Merlini

Berlin, Germany

It has been a pleasure keeping pace with this wonderful and scholarly group of women.

Janice Block
Janice Block

Beit Shemesh, Israel

In January 2020, my teaching partner at IDC suggested we do daf yomi. Thanks to her challenge, I started learning daily from Rabbanit Michelle. It’s a joy to be part of the Hadran community. (It’s also a tikkun: in 7th grade, my best friend and I tied for first place in a citywide gemara exam, but we weren’t invited to the celebration because girls weren’t supposed to be learning gemara).

Sara-Averick-photo-scaled
Sara Averick

Jerusalem, Israel

Since I started in January of 2020, Daf Yomi has changed my life. It connects me to Jews all over the world, especially learned women. It makes cooking, gardening, and folding laundry into acts of Torah study. Daf Yomi enables me to participate in a conversation with and about our heritage that has been going on for more than 2000 years.

Shira Eliaser
Shira Eliaser

Skokie, IL, United States

In January 2020 on a Shabbaton to Baltimore I heard about the new cycle of Daf Yomi after the siyum celebration in NYC stadium. I started to read “ a daily dose of Talmud “ and really enjoyed it . It led me to google “ do Orthodox women study Talmud? “ and found HADRAN! Since then I listen to the podcast every morning, participate in classes and siyum. I love to learn, this is amazing! Thank you

Sandrine Simons
Sandrine Simons

Atlanta, United States

I began learning with Rabbanit Michelle’s wonderful Talmud Skills class on Pesachim, which really enriched my Pesach seder, and I have been learning Daf Yomi off and on over the past year. Because I’m relatively new at this, there is a “chiddush” for me every time I learn, and the knowledge and insights of the group members add so much to my experience. I feel very lucky to be a part of this.

Julie-Landau-Photo
Julie Landau

Karmiel, Israel

I started my journey on the day I realized that the Siyum was happening in Yerushalayim and I was missing out. What? I told myself. How could I have not known about this? How can I have missed out on this opportunity? I decided that moment, I would start Daf Yomi and Nach Yomi the very next day. I am so grateful to Hadran. I am changed forever because I learn Gemara with women. Thank you.

Linda Brownstein
Linda Brownstein

Mitspe, Israel

When I began learning Daf Yomi at the beginning of the current cycle, I was preparing for an upcoming surgery and thought that learning the Daf would be something positive I could do each day during my recovery, even if I accomplished nothing else. I had no idea what a lifeline learning the Daf would turn out to be in so many ways.

Laura Shechter
Laura Shechter

Lexington, MA, United States

Bekhorot 19

דְּהָךְ דְּלָא בִּיכְּרָה שְׁבִיחַ טְפֵי צְרִיכָא.

that this offspring born to the ewe that had not previously given birth is superior. The Gemara concludes: Consequently, it was necessary to teach each case.

מַתְנִי׳ יוֹצֵא דּוֹפֶן וְהַבָּא אַחֲרָיו, רַבִּי טַרְפוֹן אוֹמֵר: שְׁנֵיהֶם יִרְעוּ עַד שֶׁיִּסְתָּאֲבוּ, וְיֵאָכְלוּ בְּמוּמָן לַבְּעָלִים. רַבִּי עֲקִיבָא אוֹמֵר: שְׁנֵיהֶן אֵינָן בְּכוֹר, הָרִאשׁוֹן — מִפְּנֵי שֶׁאֵינוֹ ״פֶּטֶר רֶחֶם״, וְהַשֵּׁנִי — מִפְּנֵי שֶׁקְּדָמוֹ אַחֵר.

MISHNA: With regard to an animal born by caesarean section and the offspring that follows it, since there is uncertainty whether each is a firstborn, neither is given to the priest. Rabbi Tarfon says: Both of them must graze until they become unfit, and they may be eaten in their blemished state by their owner. Rabbi Akiva says: Neither of them is firstborn; the first because it is not the one that opens the womb (see Exodus 13:12), as this animal did not itself open the womb, and the second because the other one preceded it.

גְּמָ׳ בְּמַאי קָמִיפַּלְגִי? רַבִּי טַרְפוֹן מְסַפְּקָא לֵיהּ: בְּכוֹר לְדָבָר אֶחָד, אִי הָוֵי בְּכוֹר אִי לָא הָוֵי בְּכוֹר, וְרַבִּי עֲקִיבָא פְּשִׁיטָא לֵיהּ: בְּכוֹר לְדָבָר אֶחָד לָא הָוֵי בְּכוֹר.

GEMARA: The Gemara asks: With regard to what do Rabbi Akiva and Rabbi Tarfon disagree? Rabbi Tarfon is uncertain with regard to an animal that is a firstborn in one aspect, e.g., first to be born or first to open the womb, whether it is considered a firstborn or whether it is not considered a firstborn. And conversely, it is obvious to Rabbi Akiva that an animal which is a firstborn in only one aspect is not considered a firstborn.

תָּנוּ רַבָּנַן: מִכְּלָל הַצָּרִיךְ לִפְרָט וּמִפְּרָט הַצָּרִיךְ לִכְלָל, כֵּיצַד? ״קַדֶּשׁ לִי כׇל בְּכוֹר״, יָכוֹל אֲפִילּוּ נְקֵבָה בַּמַּשְׁמָע? תַּלְמוּד לוֹמַר ״זָכָר״.

With regard to the definition of a firstborn, the Sages taught in a baraita: This halakha can be derived by means of the form of exegesis known as: From a generalization that requires a detail, and from a detail that requires a generalization. How so? The verse states: “Sanctify to Me all the firstborn, that which opens any womb among the children of Israel, both of man and of animal, it is Mine” (Exodus 13:2). Had the verse written only the generalization: “Sanctify to Me all the firstborn,” one might have thought that even a female animal is included in the category of a firstborn. Therefore, the verse states the detail: “Every firstborn male…you shall sanctify to the Lord” (Deuteronomy 15:19).

אִי ״זָכָר״, יָכוֹל אֲפִילּוּ יָצְתָה נְקֵבָה לְפָנָיו? תַּלְמוּד לוֹמַר: ״פֶּטֶר רֶחֶם״. אִי ״פֶּטֶר רֶחֶם״, יָכוֹל אֲפִילּוּ יָצָא אַחַר יוֹצֵא דּוֹפֶן? תַּלְמוּד לוֹמַר: ״בְּכוֹר״.

And had the verse stated only: “Every firstborn male,” one might have thought that the first male offspring of an animal has firstborn status, even in a case where a female emerged from the womb before it. Therefore, the verse states: “That which opens any womb,” to teach that only an animal that itself opens its mother’s womb can be a firstborn. And had the verse stated only: “That which opens any womb,” one might have thought that even an animal that emerged from the womb after its older sibling was born by caesarean section is considered firstborn. Therefore, the verse states: “All the firstborn,” to teach that only the first offspring can be considered a firstborn.

אֲמַר לֵיהּ רַב שֵׁרֵבְיָא לְאַבָּיֵי: רֵישָׁא לָא קָנָסֵיב לַהּ תַּלְמוּדָא ״בְּכוֹר״, אַלְמָא בְּכוֹר לְדָבָר אֶחָד הָוֵי בְּכוֹר. סֵיפָא קָנָסֵיב לַהּ תַּלְמוּדָא ״בְּכוֹר״, אַלְמָא בְּכוֹר לְדָבָר אֶחָד לָא הָוֵי בְּכוֹר!

The Gemara analyzes the baraita. Rav Sherevya said to Abaye: In the first clause, the baraita does not cite proof from the word “firstborn” that a male born after a female is not considered a firstborn. Apparently, an animal that is a firstborn in one aspect is called a firstborn, otherwise the baraita would not have had to derive the exclusion of a male born after a female from the phrase “that which opens any womb”; it could have cited the word “firstborn.” And in the last clause, the baraita does cite proof from the word “firstborn” that an animal whose older sibling was born by caesarean section is not considered a firstborn, despite the fact that it is a firstborn in one aspect. Apparently, a firstborn in one aspect is not called a firstborn. If so, the baraita is self-contradictory.

אֲמַר לֵיהּ: לְעוֹלָם בְּכוֹר לְדָבָר אֶחָד לָא הָוֵי בְּכוֹר, וְרֵישָׁא הָכִי קָאָמַר: אִי זָכָר, יָכוֹל אֲפִילּוּ יוֹצֵא דּוֹפֶן? תַּלְמוּד לוֹמַר ״פֶּטֶר רֶחֶם״.

Abaye said to Rav Sherevya: Actually, a firstborn in one aspect is not called a firstborn, and this is what the first clause is saying: Had the verse stated only: “Every firstborn male,” one might have thought that even an animal born by caesarean section is itself considered a firstborn. Therefore, the verse states: “That which opens any womb,” to teach that an animal must itself open the womb to be considered a firstborn. The word “firstborn” cannot be cited as proof that an animal born by caesarean section is not a firstborn, as such an animal was in fact born first. Therefore, the tanna cites the phrase “that which opens any womb.” Once this phrase is cited, then a male born after a female is excluded as well, despite the fact that this halakha could have been derived from the word “firstborn.”

רָבִינָא אָמַר: לְעוֹלָם בְּכוֹר לְדָבָר אֶחָד הָוֵי בְּכוֹר, וְסֵיפָא הָכִי קָאָמַר: אִי סָלְקָא דַעְתָּךְ יָצָא אַחֵר יוֹצֵא דּוֹפֶן קָדוֹשׁ, ״בְּכוֹר״ דִּכְתַב רַחֲמָנָא לְמָה לִי?

Ravina said that there is a different explanation: Actually, a firstborn in one aspect is called a firstborn, and the halakha is not derived from the meaning of the word “firstborn” itself, but from the fact that it is superfluous. And this is what the last clause is saying: If it enters your mind that an animal which emerged from the womb after its older sibling was born by caesarean section is sanctified, why do I need the word “firstborn” that the Merciful One wrote?

אִי לְמַעוֹטֵי הֵיכָא דְּיָצְתָה נְקֵבָה לְפָנָיו — מִ״פֶּטֶר רֶחֶם״ נָפְקָא! אֶלָּא שְׁמַע מִינַּהּ ״בְּכוֹר״ לְמַעוֹטֵי הֵיכָא דְּיוֹצֵא אַחַר יוֹצֵא דּוֹפֶן.

If it serves to exclude a case where a female emerged from the womb before it, that is derived from the phrase “that which opens any womb.” Rather, conclude from it that “firstborn” serves to exclude a case where an animal emerged from the womb after its older sibling was born by caesarean section. According to Ravina, the word “firstborn” is referring to an animal that is a firstborn even in only one aspect, but as it is extraneous it serves to exclude an animal whose older sibling was born by caesarean section.

אֲמַר לֵיהּ רַב אַחָא מִדִּפְתִּי לְרָבִינָא: אִי סָלְקָא דַעְתָּךְ בְּכוֹר לְדָבָר אֶחָד הָוֵי בְּכוֹר, תִּינַח הֵיכָא דְּיָצָא זָכָר יוֹצֵא דּוֹפֶן וְזָכָר דֶּרֶךְ רֶחֶם, דְּלָא קָדוֹשׁ, דְּאִימַּעוּט לֵידָה מִ״בְּכוֹר״, דִּבְכוֹר לִרְחָמִים אִיכָּא, בְּכוֹר לִזְכָרִים לֵיכָּא.

Rav Aḥa of Difti said to Ravina: If it enters your mind that a firstborn in one aspect is called a firstborn and the derivation is based on the fact that the term “firstborn” is superfluous, that works out well in a case where a male emerged by caesarean section and then another male emerged through the womb. It stands to reason that it is not sanctified, as this birth is excluded by the word “firstborn,” as it is the firstborn of the womb, but it is not the firstborn of the males.

אֶלָּא הֵיכָא דְּיָצְתָה נְקֵבָה דֶּרֶךְ דּוֹפֶן וְזָכָר דֶּרֶךְ רֶחֶם — לִיקְדַּשׁ, דְּהָא אִיכָּא בְּכוֹר לִזְכָרִים וּבְכוֹר לְרֶחֶם! אֶלָּא מְחַוַּורְתָּא כִּדְאַבָּיֵי.

But in a case where a female emerged by caesarean section and afterward a male was born through the womb, let it be sanctified, as it is the firstborn of the males and the firstborn of the womb. One cannot derive the exclusions of both of these cases from the word “firstborn,” and yet the baraita indicates that even if a female was born first by caesarean section, the male born afterward is not considered the firstborn. The Gemara concludes: Rather, it is clear that the baraita must be interpreted in accordance with the explanation of Abaye, that a firstborn in one aspect is not called a firstborn.

הֲדַרַן עֲלָךְ הַלּוֹקֵחַ עוּבַּר פָּרָתוֹ.

מַתְנִי׳ הַלּוֹקֵחַ בְּהֵמָה מִן הַגּוֹי, וְאֵינוֹ יוֹדֵעַ אִם בִּיכְּרָה אִם לֹא בִּיכְּרָה. רַבִּי יִשְׁמָעֵאל אוֹמֵר: עֵז בַּת שְׁנָתָהּ — וַדַּאי לַכֹּהֵן, מִכָּאן וְאֵילָךְ — סָפֵק. רָחֵל בַּת שְׁתַּיִם — וַדַּאי לַכֹּהֵן, מִכָּאן וְאֵילָךְ — סָפֵק. פָּרָה וַחֲמוֹר בְּנוֹת שָׁלֹשׁ — וַדַּאי לַכֹּהֵן, מִכָּאן וְאֵילָךְ — סָפֵק.

MISHNA: In the case of one who purchases a female animal from a gentile and does not know whether it had previously given birth or whether it had not previously given birth, and after the purchase the animal gave birth to a male, Rabbi Yishmael says: If the mother was a goat within its first year the male offspring certainly is given to the priest, as it definitely never gave birth previously. From that point forward, i.e., if the mother is older than that, its offspring’s status as a firstborn is uncertain. If it was a ewe within its second year the male offspring certainly is given to the priest; from that point forward an offspring’s status is uncertain. If it was a cow or a donkey within its third year the male offspring certainly is given to the priest; from that point forward the offspring’s status is uncertain.

אָמַר לוֹ רַבִּי עֲקִיבָא: אִילּוּ בְּוָולָד בִּלְבַד הַבְּהֵמָה נִפְטֶרֶת כִּדְבָרֶיךָ, אֶלָּא אָמְרוּ: סִימָן הַוָּולָד בִּבְהֵמָה דַּקָּה — טִינּוּף, וּבַגַּסָּה — שִׁילְיָא, וּבָאִשָּׁה — שָׁפִיר וְשִׁילְיָא.

Rabbi Akiva said to him: Were an animal exempted only by giving birth to an offspring and in no other manner the halakha would be in accordance with your statement. But the Sages said: An indication of the offspring in a small animal is a murky discharge from the womb, which indicates the animal had been pregnant, and therefore exempts subsequent births from the mitzva of the firstborn. The indication in a large animal is the emergence of an afterbirth, and the indication in a woman is a fetal sac or an afterbirth. Since these can be produced even within a year, it cannot be assumed that an animal in its first year is definitely subject to the mitzva of the firstborn.

זֶה הַכְּלָל: כֹּל שֶׁיָּדוּעַ שֶׁבִּיכְּרָה — אֵין כָּאן לַכֹּהֵן כְּלוּם, וְכֹל שֶׁלֹּא בִּיכְּרָה — הֲרֵי זֶה לַכֹּהֵן, וְאִם סָפֵק — יֵאָכֵל בְּמוּמוֹ לַבְּעָלִים.

Rabbi Akiva continues: Rather, this is the principle: In any case where it is known that the animal had previously given birth, the priest has nothing here. And in any case where it is known that the animal had not previously given birth, that is given to the priest. And if it is uncertain, it may be eaten in its blemished state by the owner.

גְּמָ׳ מִיכָּן וְאֵילָךְ, אַמַּאי סָפֵק? הַלֵּךְ אַחַר רוֹב בְּהֵמוֹת, וְרוֹב בְּהֵמוֹת מִתְעַבְּרוֹת וְיוֹלְדוֹת בְּתוֹךְ שְׁנָתָן נִינְהוּ, וְהָא וַדַּאי מֵילָד אוֹלֵיד! לֵימָא רַבִּי יִשְׁמָעֵאל כְּרַבִּי מֵאִיר סְבִירָא לֵיהּ, דְּחָיֵישׁ לְמִיעוּטָא?

GEMARA: The mishna teaches that according to Rabbi Yishmael, the firstborn status of the offspring of a goat acquired from a gentile when it was more than one year old is uncertain. The Gemara asks: From that point forward, i.e., if it was bought after its first year, why is it in a state of uncertainty? One should follow the majority of animals, and as the majority of animals are impregnated and give birth within their first year, it can be assumed this animal certainly gave birth. The Gemara suggests: Shall we say Rabbi Yishmael holds in accordance with the opinion of Rabbi Meir, who says one must be concerned for the minority, i.e., he must take the minority of cases into account?

אֲפִילּוּ תֵּימָא רַבָּנַן, כִּי אָזְלִי בָּתַר רוּבָּא בְּרוּבָּא דְּאִיתֵיהּ קַמַּן, כְּגוֹן תֵּשַׁע חֲנוּיוֹת וְסַנְהֶדְרִין, אֲבָל רוּבָּא דְּלֵיתֵיהּ קַמַּן — לָא אָזְלִי רַבָּנַן בָּתַר רוּבָּא.

The Gemara responds: You may even say Rabbi Yishmael holds in accordance with the opinion of the Rabbis. When the Rabbis follow the majority, this is in a case of an evident majority, which is extant and can be examined. For example, in a situation where a piece of meat is found in front of nine stores selling kosher meat and one store selling non-kosher meat, and it is not known from which store it came, it may be assumed that it came from one of the stores that sells kosher meat. And similarly, the Sanhedrin reaches its decisions by a majority vote of its judges. But with regard to a non-evident majority, which is based solely upon statistical information such as the assertion that most animals become pregnant and give birth within their first year, even the Rabbis do not follow the majority.

וְהָא קָטָן וּקְטַנָּה, דְּרוּבָּא דְּלֵיתֵיהּ קַמַּן, וְקָאָזְלִי רַבָּנַן בָּתַר רוּבָּא, דִּתְנַן: קָטָן וּקְטַנָּה לֹא חוֹלְצִין וְלֹא מְיַיבְּמִין, דִּבְרֵי רַבִּי מֵאִיר. אָמְרוּ לוֹ: יָפֶה אָמַרְתָּ שֶׁאֵין חוֹלְצִין, ״אִישׁ״ כָּתוּב בַּפָּרָשָׁה, וּמַקְּשִׁינַן אִשָּׁה לְאִישׁ.

The Gemara raises a difficulty: But the case of levirate marriage of a male minor or a female minor is dependent upon a non-evident majority, and yet the Rabbis follow the majority in their ruling. As we learned in a baraita: A male minor or a female minor may not perform the ritual through which a yavam frees a yevama of her levirate bonds [ḥalitza], nor enter into levirate marriage; this is the statement of Rabbi Meir. The Rabbis said to Rabbi Meir: You have aptly stated that they may not perform ḥalitza, since “man,” indicating an adult male, is written in the section of the Torah addressing ḥalitza (see Deuteronomy 25:7). Although an adult female is not mentioned explicitly, we juxtapose the halakha of the woman to that of the man and require that the female involved in ḥalitza must be an adult as well.

מָה טַעַם אֵין מְיַיבְּמִין? אָמַר לָהֶם: קָטָן — שֶׁמָּא יִמָּצֵא סָרִיס, קְטַנָּה — שֶׁמָּא תִּמָּצֵא אַיְילוֹנִית, וְנִמְצְאוּ פּוֹגְעִין בְּעֶרְוָה.

But what is the reason they may not enter into levirate marriage, with regard to which the Torah’s wording does not specifically indicate adults? Rabbi Meir said to them: In the case of a male minor I am concerned lest he is found to be a eunuch, i.e., one who is incapable of fathering children, when he grows up. Similarly, a female minor may not enter into levirate marriage lest when she grows up she is found to be a sexually underdeveloped woman [ailonit], who is incapable of bearing children. In either case the mitzva of levirate marriage does not apply, and they would be found to have encountered a forbidden relative and entered into a forbidden relationship where no mitzva applies, as the entire purpose of levirate marriage is to have children for the brother who died childless.

וְרַבָּנַן, זִיל בָּתַר רוּבָּא קְטַנִּים, וְרוֹב קְטַנִּים לָאו סָרִיסִים נִינְהוּ; זִיל בָּתַר קְטַנּוֹת, וְרוֹב קְטַנּוֹת לָאו אַיְילוֹנִית נִינְהוּ!

And the Rabbis hold: Follow the majority of male minors, and most male minors are not eunuchs; and likewise, follow the majority of female minors, and most female minors are not sexually underdeveloped women. This indicates that the Rabbis disagree with Rabbi Meir even with regard to a non-evident majority.

אֶלָּא אָמַר רָבָא:

Rather, Rava says:

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