1)

(a)The Tana now discusses the case of a B'chor for inheritance but not for the Kohen, and vice-versa - and the case of a firstborn that is a B'chor for neither (See Tosfos Yom Tov).

(b)A B'chor for ...

1. ... inheritance - receives an extra portion of his father's inheritance.

2. ... the Kohen - requires Pidyon ha'Ben (to give five Sela'im to the Kohen)..

(c)The case of a B'chor for inheritance is where one twin is a Nefel (a stillborn) and the other is not. This is possible - if the first one is born just before the period of pregnancy has transpired, and the second one, immediately afterwards.

2)

(a)One of the two cases where the stillborn is the B'chor for the Kohen is where the head (See Tosfos Yom Tov) of the eighth-month twin emerges alive and is withdrawn; the other, where the second baby is born after the head of its dead ninth-month twin has emerged and been withdrawn.

(b)The stillborn twin is the B'chor for the Kohen - because once its head has emerged, it falls under the category of "Peter Rechem".

(c)Even though this is considered a birth, he is not a B'chor for inheritance too - because (based on the Pasuk in Ki Seitzei "Reishis Ono") his father is not concerned that he might die.

(d)In the event that the ninth-month baby dies after withdrawing its head - the second twin will not even be a B'chor for inheritance.

3)

(a)Rebbi Meir includes in the current list a baby that is born after the mother gave birth to a 'kind of animal, Chayah or bird'. The Chachamim say - unless it has the form of a human-being, the second twin is a B'chor for the Kohen, too.

(b)The Halachah is - like the Chachamim.

(c)The Mishnah now inserts the case of a a baby that is born after a Sandal, a Shilya or a piece of flesh that already has the shape of a baby or a baby that emerges piece by piece. A ...

1. ... 'Sandal' is - a baby that is born in the shape of a flat piece of flesh without any form (or without a face [See Tiferes Yisrael]).

2. ... a 'Shilya' is - a placenta.

(d)The acronym of 'Sandal' is 'San'uy ve'Dal' (hated and poor).

(e)A placenta is considered a B'chor for the Kohen - because, based on the principle 'There is no Shilya without a baby', there must have been a baby born together with it (which must have subsequently melted, but is nevertheless considered a Peter Rechem).

4)

(a)A baby boy that is born to a father who has not had children before but whose mother has, is - a B'chor for inheritance, but not for the Kohen ...

(b)... because whereas inheritance (based on the Pasuk "Reishis Ono"), goes after the father, Pidyon ha'Ben (based on the Pasuk "Peter Rechem") goes after the mother.

(c)According to the Tana Kama, the same will apply if the mother is a Giyores or a Meshuchreres who had a child prior to the Geirus or the Shichrur. Rebbi Yossi ha'Gelili rules that - the baby is a B'chor even for the Kohen too ...

(d)... based on the Pasuk in Bo - "Peter Kol Rechem bi'Venei Yisrael" (implying it is the first baby to be born to a Jewish woman that it the B'chor, irrespective of the fact that she had children before.

(e)The Halachah is - like the Tana Kama.

5)

(a)The first case in the Mishnah's next list is someone who has children from his first wife and whose second wife gives birth to her first baby boy - who is a B'chor for the Kohen but not for inheritance.

(b)Next on the list is a pregnant Nochris who converts together with her husband or a pregnant Shifchah who is set free (together with her husband), who gives birth to a boy who is the first baby of both her and her husband, who is not considered the firstborn regarding inheritance - because he was conceived when his parents were Nochrim (and the Torah declares Hefker the Zera of a Nochri, when it wrote in Yechezkel "ve'Zarmas Susim Zarmasam").

(c)The Mishnah now discusses a woman who gives birth to her first baby at the same time as a Kohenes, a Leviyah or a woman who has already had children and the two babies become mixed-up. He is ...

1. ... a B'chor for the Kohen (whose father is obligated to redeem him from the Kohen) - because he is the B'chor irrespective of where he is.

2. ... not a B'chor for inheritance - because it is not known which one is his B'chor (and he can say to each one 'ha'Motzi me'Chavero, alav ha'Re'ayah').

(d)The Chidush in the case where the baby became mixed-up with the baby of a Leviyah is - based on the fact that a Leviyah, like a Kohenes, is Patur from Pidyon ha'Ben.

6)

(a)The last case in this group concerns a woman who transgressed - the Isur (de'Rabbanan) of marrying within three months of her divorce or after her first husband's death.

(b)The case is - where she gave birth to a boy after seven months, and we do not know which husband is the father.

(c)He redeems himself when he grows up.

7)

(a)In fact - the current Safek does not even inherit a single portion, like a Pashut (who is not a B'chor) ...

(b)... because each of the two possible fathers can claim that he is not his son (and the Kohen is Motzi me'Chavero, ve'alav ha'Re'ayah).

(c)The Mishnah concludes 've'Eino B'chor le'Nachalah' - with regard to the baby that is born after the above S'feikos ...

(d)... due to the possibility that the Safek is the B'chor.

8)

(a)The Mishnah now presents a list of a woman who gives birth to a fetus that is full of blood, water, or Geninim (See Tosfos Yom Tov). Geninim means either a bag-full of many colored substances - or a bag-full of worms.

(b)The Tana declares ...

1. ... the baby that is born after them a B'chor, both as regards inheritance and as regards the Kohen, and the same applies to ...

2. ... a woman who gives birth to a kind of fish, locust, or vermin ...

(c)... which differ from the earlier case of where she gave birth to a kind of animal (where the baby that is born after it is not a B'chor for the Kohen) - inasmuch as the Torah does not use the term 'Yetzirah' in connection with them like it does by Adam (and by animals).

(d)The final case in this group is a baby that is born after his mother miscarried on the fortieth day - because it takes forty full days for a baby to form.

9)

(a)Discussing twins, the first, a Yotzei Dofen (born by caesarian section), the second, that is born naturally, the Tana rules - that neither of them is a B'chor.

(b)According to the Rambam, the Tana cannot be speaking where the second baby is born independently - since, once a woman has given birth to a Yotzei Dofen, it is impossible for her to give birth naturally (See also Tosfos Yom Yov).

(c)If the Yotzei Dofen is not a B'chor ...

1. ... for inheritance due to the Pasuk "ve'Yaldu lo" (in the Pasuk in Ki Seitzei, in connection with a B'chor for inheritance "ve'Yaldu lo Banim" [See Tosfos Yom Tov]), the second baby is not a B'chor for inheritance - because he is not "Reishis Ono".

2. ... the Kohen because he is not a Peter Rechem, the second baby is not a B'chor for the Kohen - because although he is a B'chor for the womb, he is not the first to be born.

10)

(a)Rebbi Shimon maintains that ...

1. ... the Yotzei Dofen - is a B'chor for inheritance, whereas ...

2. ... the second baby - is a B'chor for the Kohen.

(b)The reason for ...

1. ... his former ruling - is because the word "ve'Yaldu" implies - even a Yoztei Dofen (See Tosfos Yom Tov).

2. ... the latter ruling is - because a B'chor from the womb is considered a B'chor, even though he is not the first to be born (naturally).

(c)The Halachah is - like the Tana Kama.

11)

(a)The Mishnah now rules that someone whose wife gives birth to two firstborn sons (who became mixed-up), assuming ...

1. ... both of them survive thirty days - is obligated to pay the Kohen five Sela'im.

2. ... one of them died within that period - is Patur (because it may have been the B'chor that died [See Tosfos Yom Tov]).

(b)According to Rebbi Meir, if the father dies and the two heirs pay the five Sela'im to the Kohen before dividing up their father's property - then they have paid, as indeed they were obligated to (See Tosfos Yom Tov).

12)

(a)Rebbi Meir absolves the heirs from paying once they have divided the property however, because he considers brothers who divide their fathers property to be Lekuchos (purchasers).

(b)That in turn, is based on the principle of 'Ein B'reirah' (what each brother receives is only his arbitrarily, and not because it is really his [See Tosfos Yom Tov]).

(c)And the five Sela'im are an oral debt - which one cannot claim from Lekuchos.

13)

(a)Rebbi Yehudah rules that the heirs are still Chayav to pay the five Sela'im - since he holds 'Yesh B'reirah', in which case brothers who divide their father's property are considered heirs, who fully acquire the property. Consequently, they are obligated to pay even their father's oral debts (See Tosfos Yom Tov).

(b)The Halachah is - like Rebbi Yehudah.

(c)The Mishnah finally rules that, a case where one of the twins is a boy and the other, a girl - the father is Patur from the five Sela'im ...

(d)... because maybe the girl was the firstborn.

14)

(a)If a man's two wives each give birth to a firstborn baby boy, and the two babies become mixed-up (See Tosfos Yom Tov), the Mishnah obligates him - to pay ten Sela'im to the Kohen.

(b)In the event that one of the babies dies within thirty days (See Tosfos Yom Tov), the Tana rules that, if the father gave the ten Sela'im to ...

1. ... one Kohen - he may reclaim the five Sela'im which he was not obligated to give him, to ...

2. ... two Kohanim - he cannot.

(c)The reason for ...

1. ... the first ruling is - since one of them died within thirty days, he was not subject to Pidyon ha'Ben (See Tosfos Yom Tov).

2. ... the second ruling is - because each one can claim that he redeemed the firstborn son (and ha'Motzi me'Chavero, alav ha'Re'ayah').

15)

(a)The father is obligated, in the event that ...

1. ... one of the two babies is a girl - to give five Sela'im to the Kohen, and the same applies if ...

2. ... they give birth to two boys and a girl (and they do not know whether it was the boy or the girl that was born first, or whether the two boys were born to the same mother) ...

(b)... seeing as Mah Nafshach, one of the babies is a firstborn boy.

(c)Whereas in the event that the two wives give birth to two girls and a boy or to two boys and two girls - the Mishnah exempts the father from paying anything (since it is possible that both firstborn babies are girls).

16)

(a)In the event that one of the two women had already given birth, and they both give birth to a baby boy, the Tana obligates the father to give the Kohen five Sela'im. In a case where one of the babies dies within thirty days, he exempts him from paying anything.

(b)Rebbi Meir maintains that if the father dies and the babies survive, then it depends whether the heirs paid the ten Sela'im before dividing their father's property, or afterwards (as we learned in the previous Mishnah). According to Rebbi Yehudah however - either way, they are Chayav (as we explained there).

(c)The Tana finally rules that, there where the two women gave birth to a boy and a girl - the father is Patur.

17)

(a)The Mishnah now rules that if two men whose wives give birth to two firstborn baby boys, which become mixed-up - each one must give the Kohen five Sela'im.

(b)If one of the babies dies within thirty days and they ...

1. ... both gave they both gave five Sela'im to the same Kohen - then the Kohen must return five Sela'im (which they divide).

2. ... each gave five Sela'im to a different Kohen - then there is nothing that they can do.

(c)In the former case, the Kohen ought to be able to say to each father - 'Prove that your son is not the one that is still alive, and I will give you five Sela'im'.

(d)The case must therefore be - where one of the fathers wrote a Harsha'ah (a Sh'tar giving him the right to claim the money).

18)

(a)If one woman gave birth to a boy and the other, to a girl, then both fathers are Patur, but, the Tana adds - the boy will be obligated to redeem himself when he grows up.

(b)The reason for ...

1. ... this is - because, he is after all, a B'chor.

2. ... his final words are - because each man can claim that he is the father of the girl.

(c)And in a case where the two women gave birth to two girls and a boy, or to two boys and two girls - that both men are Patur ...

(d)... because both boys may well not be firstborns.

19)

(a)The last set of cases discussed by the Mishnah is where two wives of two husbands give birth to two baby boys. The Tana rules that, assuming ...

1. ... only one of them is a firstborn - the father of the firstborn must give five Sela'im to the Kohen.

2. ... in a case where they are both firstborn, but where one of them is a girl - he is Patur (since he may be the father of the girl).

20)

(a)In a case where a firstborn boy dies ...

1. ... within thirty days and he already paid the Kohen - the Kohen must return the money.

2. ... after thirty days and he has not yet paid - he is obligated to pay.

(b)According to the Tana Kama, if the baby dies on the thirtieth day, it is as if he died on the twenty-ninth. Rebbi Akiva rules - that if the father already paid, he cannot reclaim the money, and if he did not, he is Patur from paying ...

(c)... because he considers the thirtieth day a Safek ...

(d)... since the Torah finds it necessary to write "va'Ma'alah" in connection with Erchin (even though it has written the same word regarding Bechoros), it is akin to Sh'nei Kesuvim ha'Ba'im ke'Echad', and 'Ein Melamdin' (See Tosfos Yom Tov).

(e)The Halachah is - like the Tana Kama.

21)

(a)The Tana rules that, in a case where the father of a firstborn son dies ...

1. ... within the thirty days of the birth - we assume the father not to have paid before he died ...

2. ... after thirty days that - he did (See Tosfos Yom Tov).

(b)The reason for the latter ruling is because we say to the Kohen 'ha'Motzi me'Chavero', alav ha'Re'ayah'; for the former ruling - because people do not generally pay their debts before they fall due.

22)

(a)If both a father and a son need to be redeemed and the father only has five Sela'im - then the father's redemption takes precedence over that of his son.

(b)The Tana Kama and Rebbi Yehudah argue however, as to whether his or his son's redemption take precedence - where five Sela'im are available in Mehuba'dim (property which is mortgaged to purchasers) and five in b'nei Chorim (cash or Metalt'lin).

(c)The basic principle of their Machlokes is - whether 'a Torah-based loan is considered as if it is written in a Sh'tar (which purchasers have a right to claim) or whether it is an oral loan (to which they do not).

23)

(a)When the Tana Kama and Rebbi Yehudah say 'takes first', they are referring to - who gets the b'nei Chorin.

(b)Assuming that it is considered a Milveh ...

1. ... b'Shetar, Rebbi Yehudah now gives his son precedence to take from the b'nei Chorin after he (the Kohen who redeemed him [See Tosfos Yom Tov]) takes from the Meshu'badim - because if the father were to take precedence, the Kohen who redeems his son would not have access to the Meshu'badim, since presumably, his father's purchasers preceded his son's Pidyon ha'Ben.

2. ... she'be'al Peh, the Tana Kama gives the father precedence to claim the b'nei Chorin - since, if his son takes first, the Kohen will not be able to claim from the Meshu'badim. Therefore his Mitzvah takes precedence.

(c)The Halachah is - like the Tana Kama.

24)

(a)Despite the fact that in the currency of the Mishnah, a Sela equals two Shekalim, the Mishnah's 'Sela' and the Torah's 'Shekel' - are one and the same ...

(b)... as are the Torah's 'Shekel' and 'Kesef'.

(c)When the Torah uses the term "Shekel ha'Kodesh" - it means double the value of a regular Shekel (a Sela [See Tosfos Yom Tov DH 'Chamesh Sela'im').

25)

(a)If, when the Torah was given, one Sela (of pure silver) weighed three hundred and twenty barley grains, after they increased it (by a fifth), during the era of the second Beis-ha'Mikdash, it weighed - three hundred and eighty-four barley grains.

(b)Five Sela'im therefore weighed - one thousand nine hundred and twenty barley-grains (See Tosfos Yom Tov DH 'Sela'im') ...

(c)... which is what they weigh nowadays.

26)

(a)The currency that is used regarding ...

1. ... the five Sela'im of Pidyon ha'Ben and regarding ...

2. ... the thirty Sela'im of an Eved, the fifty of Oneis and Mefateh and the hundred of Motzi-Shem-Ra is that of - 'Manah Tzuri'.

(b)As opposed to the above, K'nasos (fines) and Kesubah (according to the Rambam) - are ne'Rabbanan.

(c)The currency that is therefore used regarding them - is that of Manah Medinah.

(d)One part of Kesef Medinah consists of silver - and seven of copper.

(e)Others however, disagree with the Rambam. They learn from the Pasuk "ke'Mohar ha'Besulos" that - the Kesubah of a Besulah is d'Oraysa.

27)

(a)All of the above-mentioned can be redeemed with money or with movables, and the single exception to the rules listed by the Mishnah is - the half-Shekel ...

(b)... which must comprise - a minted coin.

(c)We learn from the Pasuk in Re'ei (in connection with Ma'aser Sheini) "ve'Tzarta ha'Kesef be'Yadecha" that - Ma'aser Sheini too, can only be redeemed with a minted coin (See also Tosfos Yom Tov).

28)

(a)Two of the three items with which one cannot redeem a firstborn are Avadim and 'Sh'taros' - where the father gives the Kohen a Sh'tar worth five Sela'im that someone owes him.

(b)The third item is - Karka'os (immovable property).

(c)When the Tana adds 've'Lo be'Hekdeishos', he is referring to - the prohibition of redeeming Hekdesh with any of the three above commodities (See Tosfos Yom Tov).

29)

(a)In a case where the father gives the Kohen an I.O.U. credit note for Pidyon ha'Ben, the Mishnah rules that he is obligated to honor the I.O.U., but his son is not redeemed.

(b)Even after he has honored it, his son is not redeemed - mi'de'Rabbanan, in case people say that one can redeem a B'chor with a Sh'tar.

(c)The Mishnah says that - the Kohen is therefore permitted to return the Sh'tar-Chov together with the money.

(d)The Kohen is generally permitted to return the money - provided the father does not give it on that condition (in which case his son is not redeemed even if the Kohen does not return the money).

(e)The Tana learns from the juxtaposition of the words "Yih'yeh l'cha" (said to Aharon and his sons) and "Padoh Sifdeh" (said to the father of the firstborn) in Parshas Korach that - the B'chor is only redeemed once the money reaches the hands of the Kohen (that the father is liable until it does).

30)

(a)The Mishnah rules that, whereas a B'chor who inherits his father - receives a double portion, one who inherits his mother does not ...

(b)... and he Darshens this from the Pasuk in Ki Seitzei "Ki lo Reishis Ono, lo Mishpat ha'Bechorah" - with reference to the son of the father (exclusively).

(c)Based on the Pasuk there "be'Chol asher Yimatzei lo", when the Tana says 've'Eino Noteil ...

1. ... Pi Shenayim bi'Shevach', he means that - he does not take a double portion of any improvements that are effected after his father's death ...

2. ... ba'Ra'uy ke'va'Muchzak (See Tosfos Yom Tov)' that - he does not take a double portion in property that his father does not yet possess, even though it is owed to him).

(d)One assess the B'chor's portion in the former case - by assessing the value of the property at the time that his father died (See Tosfos Yom Tov).

31)

(a)The Mishnah now discusses cases of other claimants who do not claim 'Sh'vach. A regular creditor who claims Nechasim Meshubadim - does claim the Sh'vach (over and above his claim).

(b)The Tana lists a woman who claims her Kesubah, daughters who claim sustenance (as the husband writes in his wife's kesubah) and a Yavam who inherits his deceased brother. The source of the first two cases is - T'nai Kesubah.

(c)They do not receive Sh'vach, based on the principle of - 'Kulei Kesubah' (certain leniencies that are peculiar to the Kesubah only).

32)

(a)The case of 'Yavam' in the previous question is - where his father inherited from his grandfather only after the death of his brother (See Tosfos Yom Tov).

(b)The Tana learns this from the Pasuk there "ve'Hayah ha'Bechor asher Teiled" - with reference to the Yavam, from which we learn that the Torah considers him a B'chor (who does not take from Sh'vach or from Ra'uy).

(c)The Tana finds it necessary to repeat ...

1. ... 've'Chulan Ein Notlin ba'Shevach' to teach us that - they do not even take the natural improvements that occur in the field (and not just improvement that the brothers affected).

2. ... 've'Lo ba'Ra'uy ke'va'Muchzak', to teach us that - they do not even take Ra'uy that is certain to ultimately fall to those from whom they are inheriting.

(d)The case is - where the grandfather is still alive when their father dies, in which case they are bound to inherit it (whereas the previous case speaks about Ra'uy that was a Safek).

33)

(a)The Tana now lists B'chor, someone who inherits his wife and a Yavam who performs Yibum with his deceased brother's wife - in connection with the inherited property not having to be returned in the Yovel.

(b)We learn from the Pasuk there "ve'Hayah be'Yom Hanchilo es Banav" that - a Cheilek Pashut (a regular inheritance) does not go back (to the kitty) in the Yovel ...

(c)... and from the words there "Pi Shenayim" - that the Cheilak Bechorah is compared to the Cheilek Pashut.

(d)This Tana holds that also the inheritance that ...

1. ... a man inherits from his deceased wife does not go back to her family in the Yovel - on the basis that Yerushas ha'Ba'al is min ha'Torah (See Tosfos Yom Tov).

2. ... a Yavam inherits from his deceased brother does not go back to the latter's relatives in the Yovel - because the Torah calls him a B'chor (as we learned earlier in the Mishnah).

34)

(a)Rebbi Meir adds a gift to the current group of items that do not go back in the Yovel, since it does not fall under the category of 'a sale'. According to the Chachamim - a gift is like a sale.

(b)They learn this from the word "Tashuvu" (in the Pasuk in Behar "bi'Shenas ha'Yovel ha'Zos, Tashuvu Ish el Achuzaso") - which is otherwise superfluous (since the Torah has already written there (in connection with a sale) "ve'Shavtem Ish el Achuzaso".

(c)When Rebbi Eliezer says that 'they all go back in the Yovel', he is coming to include - the three things discussed by the Tana Kama (B'chor, someone who inherits his wife and a Yavam who performs Yibum with his deceased brother's wife).

(d)His reason by B'chor is because the Torah calls it a Matanah ("Laseis li pi Shenayim"), by a Yavam, because the Torah calls him a B'chor, and by the inheritance of one's wife (Yerushas ha'Ba'al) - because he holds that Yerushas ha'Ba'al is only de'Rabbanan.

35)

(a)When Rebbi Yochanan ben Berokah says that someone who inherits his wife must return it to her family, he is referring to - her family burial-ground.

(b)Although he holds - that 'Yerushas ha'Ba'al d'Oraysa' (like the Rabbanan of Rebbi Eliezer) ...

(c)... the husband must nevertheless return it - on account of P'gam Mishpachah (people will accuse hims family of having stolen the property [See Tosfos Yom Tov]).

(d)He deducts the value of his wife's grave - because he is obligated to bury her.

(e)The Halachah regarding the Machlokes between ...

1. ... the Tana Kama and Rebbi Eliezer is - like the Tana Kama.

2. ... Rebbi Yochanan ben Berokah and the Chachamim is - like Rebbi Yochanan ben Berokah (See Tosfos Yom Tov DH 'Rebbi Yochanan ben Berokah').