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Bekhorot 6

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Summary

Following the dispute between the tanna of our Mishna and Rabbi Yosi HaGelili, where each derived from a different verse the exemption from firstborn status for an animal that gave birth to an offspring resembling a different species, the Gemara clarifies what Rabbi Yosi HaGelili derives from the proof-verses of our tanna (“peter hamor” twice). Rabbi Yosi HaGelili derives from there the source for exempting horses and camels from firstborn status. Rav Achai raises a difficulty against his derivation, but the Gemara answers his objection. Our tanna derives this rule (exempting the firstborn of horses and camels) from a general rule and a detail (klal u’phrat): “All your livestock you shall designate as male” is a general rule, “ox and sheep and donkey” is a detail, and a general rule includes only that which is in the detail; therefore, firstborn laws apply only to a donkey and not to other non-kosher animals.

The Gemara discusses a series of uncertainties regarding an animal that gave birth to a different species that possesses some of the mother’s features: regarding a cow that gave birth to a donkey-like offspring, do we judge it like a goat that gave birth to a sheep-like offspring that looks somewhat like its mother, which is subject to firstborn status because both are subject to firstborn status, or perhaps here the laws are different because one is sanctified with intrinsic holiness (kedushat haguf) and the other with monetary value (kedushat damim), and one is kosher while the other is not? Subsequently, the Gemara inquires about a donkey that gave birth to a horse-like offspring and a cow that gave birth to a horse-like offspring. From the braitot, the Gemara proves that the obligation when there are partial features was stated regarding a cow that gave birth to a donkey-like offspring, but it remains unclear regarding the other questions.

Regarding eating, the Mishna clarifies the principle that what emerges from the non-kosher is non-kosher, and it is not judged according to the offspring’s appearance but rather according to its mother – this rule was intended to remember the law. The source showing that a kosher animal born from a non-kosher mother is forbidden to be eaten is from the verse “These you shall not eat,” whereas a non-kosher offspring born from a kosher mother is permitted, as it is said, “the camel… it is non-kosher” – it is non-kosher, but a non-kosher born from a kosher mother is kosher. Rabbi Shimon disagrees and forbids a non-kosher animal born from a kosher mother based on the repetition of the word “camel” in Leviticus and Deuteronomy, and he derives the prohibition of milk from a non-kosher animal from the phrase “et ha-gamal” (the camel), whereas the Sages forbid milk from “camel” “camel” and do not derive laws from the word “et.” To show that there are those who derive laws from the word, et, the Gemara brings the position  of Shimon HaAmsoni, who derives laws from that word, but changed his position when he reached “You shall fear the Lord (et Hashem) your God,” until Rabbi Akiva came and taught that it serves to include Torah scholars.

The Gemara clarifies why a special verse was needed to forbid the milk of a non-kosher animal and presents two possible explanations. Afterwards, it discusses the source for permitting the milk of a kosher animal and presents six proofs, of which three are rejected.

The Gemara cites a braita stating that a sheep that gave birth to a goat-like offspring or a goat that gave birth to a sheep-like offspring is exempt from firstborn status unless it possesses some of the mother’s features, and Rabbi Shimon disagrees, maintaining that it is not obligated until its head and most of its body resemble its mother. The Gemara concludes with the question: Does Rabbi Shimon require its head and most of its body to resemble its mother regarding the prohibition of eating as well?

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