Overview
Masechet Bechorot opens by discussing a fundamental rule:
A firstborn animal is holy only when it belongs completely to a Jew.
If a non-Jew has ownership in the mother animal or the fetus, the laws of Bechor Behemah do not apply.
The Mishnah
The Mishnah lists several cases that are exempt from Bechorah:
- A Jew buys the fetus of a non-Jewโs donkey.
- A Jew sells the fetus of his donkey to a non-Jew.
- A Jew enters a partnership with a non-Jew.
- A Jew receives an animal from a non-Jew under a profit-sharing arrangement.
- A Jew gives an animal to a non-Jew under such an arrangement.
In all these cases:
The offspring is exempt from the sanctity of the firstborn.
The source is:
โืืืฉืจืืโ โ the Torahโs law of Bechor applies specifically to an animal fully belonging to Israel and not jointly owned with others.
Why Does the Mishnah Need All Five Cases?
The Gemara explains that each case teaches a different point.
Buying the Fetus
One might think the exemption is obvious because the fetus came from non-Jewish ownership.
Selling the Fetus
Without the Mishnah, we might have imposed a penalty because the Jew removed an animal from potential sanctity.
The Mishnah teaches:
Even here the offspring is exempt.
Partnership
This excludes Rabbi Yehudahโs view.
Rabbi Yehudah held:
Partnership with a non-Jew still creates Bechorah obligations.
The Mishnah rules otherwise.
Receiving or Giving on Contract
The Mishnah must teach both directions because each has unique features regarding ownership and responsibility.
Rabbi Yehudah and Selling Animals to Non-Jews
The Gemara refers to a Mishnah in Avodah Zarah:
Rabbi Yehudah permits selling a permanently injured animal to a non-Jew.
Ben Beteira permits selling a horse.
The question becomes:
Is a fetus like a broken animal?
Perhaps Rabbi Yehudah would permit selling a fetus because it is not yet a fully independent animal.
Or perhaps not, because pregnancy is a normal condition and not considered a defect.
First Attempted Proof
The Gemara notes that our Mishnah says:
โOne who sells the fetus, although he is not permitted to do soโฆโ
and does not mention Rabbi Yehudah disagreeing.
The Gemara rejects the proof:
A Mishnah can omit a dissenting opinion.
No conclusion can be drawn.
Proof from Rabbi Yehudah
A beraita states:
If someone receives an animal from a non-Jew and it gives birth:
He evaluates the value and gives half the value to a Kohen.
If someone gives his animal to a non-Jew under such an arrangement:
He is penalized and may have to give the entire value to a Kohen.
The Gemara tries to infer that Rabbi Yehudah is discussing the fetus itself.
The Gemara rejects this.
The case may involve:
The mother animal.
And because the mother was involved, the fetus is included in the penalty.
Rav Ashiโs Proof
Rav Ashi cites Rabbi Yehudahโs reasoning for permitting a broken animal:
Because it cannot recover.
A fetus, however:
Will develop normally.
Therefore:
Rabbi Yehudah would not treat a fetus like a permanently injured animal.
This is the Gemaraโs strongest proof.
Selling an Animal Only for Its Future Offspring
The Gemara asks:
What if a Jew sells a healthy animal to a non-Jew only with respect to its future offspring?
Would this be permitted?
According to Rabbi Yehudah
Maybe:
- A broken animal is permitted because it is unusual.
- A healthy animal is forbidden because people may confuse it with ordinary sales.
Or perhaps:
- Since ownership of the parent remains with the Jew, it is more lenient.
According to the Rabbis
Maybe:
- They forbid only a broken animal.
- But a healthy animal whose offspring are sold might be allowed.
Or perhaps:
- It is even more problematic.
The Gemara leaves the issue unresolved.
Why Is Partnership with a Non-Jew Problematic?
The Gemara explains another concern.
A Jew should avoid ordinary business partnerships with idolaters because:
The non-Jew may become obligated to swear.
And when taking an oath, he may invoke the name of his deity.
This would violate:
โืื ืืฉืืข ืขื ืคืืโ
The name of idolatry should not be heard through you.
Therefore partnerships with idolaters are generally discouraged.
The Conclusion of the Daf
The Gemara cites Rabbi Yehudah again:
If a non-Jew retains a share in the animal,
The animal is exempt from Bechorah.
The Chachamim formulate the rule succinctly:
โืื ืืื ืฉืื ืขืืื ืืืืืื ืืืืฆืข ืคืืืจื ืื ืืืืืจืโ
โAs long as the non-Jew has ownership in the middle of the transaction or animal, it is exempt from Bechorah.โ
Main Takeaway of the Daf
The central principle of Bechorot 2 is:
Any significant ownership of a non-Jew in the mother animal or its fetus removes the sanctity of Bechor.
The rest of the daf explores how much ownership is needed, whether selling a fetus is permitted, and how Rabbi Yehudahโs leniencies regarding sales to non-Jews should be understood.