Overview
Bechorot 9 concludes the story of Rabbi Yehoshua ben Chananiah and the Sages of Athens, and then returns to the central laws of Peter Chamor, the firstborn donkey. The Mishnah discusses doubtful firstborns, the type of sheep or goat that may be used for redemption, whether the redemption animal may be reused, and the dispute over whether an unredeemed firstborn donkey is forbidden for benefit.
The End of the Story of the Sages of Athens
As Rabbi Yehoshua ben Chananiah transported the Sages of Athens to the emperor, he collected earth from their city and water from the mysterious place called Bei Beli’ei. When they arrived, the emperor initially did not recognize them because their appearance had changed. Rabbi Yehoshua ben Chananiah threw some of their native earth upon them, causing them to regain their former strength and appearance. The emperor then permitted him to deal with them as he wished. He placed the special water in a perforated container and ordered them to fill it. As they repeatedly poured in water, it was swallowed up, and they continued until their shoulders were dislocated and they were exhausted.
One Donkey Giving Birth to Two Males
The Mishnah discusses a female donkey that had never previously given birth and now delivered two male offspring. Since only the animal that definitely emerged first possesses the sanctity of Peter Chamor, but it is unknown which one that was, the owner gives one lamb to a Kohen. This lamb redeems whichever male was truly the firstborn.
If the donkey gave birth to one male and one female, the owner separates a lamb but keeps it for himself. The male may have emerged first and therefore requires redemption, but the female may have emerged first, in which case there is no obligation. The doubtful sanctity must be removed, but the Kohen cannot demand the lamb because he cannot prove that the male was the firstborn.
Two Donkeys Giving Birth
If two donkeys that had never previously given birth each delivered a male, the owner gives two lambs to a Kohen. If the births produced either one male and one female, or two males and one female, only one definite Peter Chamor exists, and one lamb is given to the Kohen. If the offspring were two females and one male, or two males and two females, there is no definite claim for the Kohen, because it is possible that each mother gave birth to a female first.
If one donkey had previously given birth and the other had not, and they now produced two males, one of those males is certainly the firstborn of the donkey that had not previously given birth. The owner therefore gives one lamb to the Kohen. If they produced one male and one female, he separates one lamb because the male may be a Peter Chamor, but he keeps the lamb because the matter remains doubtful.
Can Two Firstborns Emerge Simultaneously?
The Gemara asks whose opinion underlies the Mishnah’s rulings. Rabbi Yirmeya explains that the Mishnah does not follow Rabbi Yose HaGelili, who holds that two births can occur with absolute simultaneity. According to Rabbi Yose HaGelili, if two males emerged simultaneously, both could have firstborn status.
Abaye initially attempts to reconcile the Mishnah with Rabbi Yose HaGelili, suggesting that this law is different because the verse says, “the males belong to Hashem.” A Baraita, however, explicitly teaches that when two males emerge simultaneously, Rabbi Yose HaGelili gives both to the Kohen. This refutes Abaye’s explanation and confirms that the Mishnah follows the Sages, who hold that exact simultaneity cannot be established.
Does One Fetus Interpose Before the Other?
The Gemara asks how the Sages understand a case of two males emerging nearly simultaneously. If the entire womb must be opened by the firstborn, perhaps whichever fetus emerged slightly earlier would interpose between the womb and the other fetus, preventing the second from receiving sanctity. Rav answers that contact between objects of the same type does not constitute an interposition. Since both fetuses are of the same kind, one does not prevent the other from being considered in contact with the womb.
What May Be Used to Redeem a Peter Chamor?
The Torah states that the firstborn donkey must be redeemed with a seh, meaning either a sheep or a goat. The redemption animal may be male or female, young or old, unblemished or blemished. Unlike a korban, the lamb used for redemption does not need to be fit for the altar.
The same lamb may also be used repeatedly to redeem multiple doubtful firstborn donkeys when the owner is entitled to retain it. In addition, the redemption lamb enters the pen for the purpose of Ma’aser Behemah, and if it dies, benefit may be derived from its carcass because it is ordinary property belonging to the Kohen rather than a consecrated offering.
Why Separate a Lamb in a Doubtful Case?
When the owner keeps the redemption lamb for himself, the Gemara asks why he must separate it at all. The requirement shows that the doubtful Peter Chamor may not be used until its possible sanctity has been removed. The owner must therefore perform the redemption even though the Kohen cannot establish a financial claim to the lamb.
This leads to the dispute between Rabbi Yehudah and Rabbi Shimon over whether an unredeemed Peter Chamor is prohibited for benefit.
Is an Unredeemed Peter Chamor Forbidden for Benefit?
Rabbi Yehudah holds that a Peter Chamor is forbidden for benefit before redemption. Ulla explains that it would be unreasonable for the Torah to require a specific form of redemption in order to remove the animal’s status if the animal were already permitted for use.
Rabbi Shimon, however, permits benefit from the animal before redemption. His reasoning is that if the redemption lamb is permitted for benefit, the firstborn donkey itself need not necessarily be prohibited before redemption.
The Gemara analyzes several apparent exceptions, including the redemption of a firstborn son, Ma’aser Sheni, and the possibility of betrothing a woman with a Peter Chamor. These comparisons clarify that the key dispute concerns whether the Torah’s requirement of redemption itself indicates a preexisting prohibition of benefit.
Alternative Source from the Prohibition of Labor and Shearing
A Baraita derives related laws from the prohibitions against working with a firstborn ox and shearing a firstborn sheep. Rabbi Yehudah understands the verses as permitting labor and shearing in cases of shared ownership with a non-Jew. Rabbi Shimon interprets one of the verses as excluding a firstborn donkey from the prohibition of shearing, indicating that the donkey does not possess the same full sanctity as a kosher firstborn animal.
After Arifah, Everyone Agrees It Is Forbidden
Although Rabbi Shimon permits benefit from a Peter Chamor before redemption, Rabbah teaches that he agrees it becomes forbidden after arifah, the breaking of its neck when the owner refuses to redeem it. This prohibition is derived through a comparison with Eglah Arufah, which is likewise forbidden for benefit after its neck is broken.
Can Forbidden Objects Receive Food Impurity?
The Gemara cites a Baraita listing several prohibited items, including orlah, kilayim of the vineyard, an ox sentenced to stoning, Eglah Arufah, the birds of a metzora, Peter Chamor, and meat cooked with milk. The first opinion holds that these can acquire Tumat Ochlin.
Rabbi Shimon disagrees and generally holds that something incapable of being fed to others is not considered food for the laws of impurity. As the verse states, only “food that may be eaten” is classified as food. He nevertheless agrees that meat cooked with milk can acquire food impurity because, before the meat and milk were combined, each component had previously been fit for consumption.
Final Summary
Bechorot 9 establishes how Peter Chamor is handled when the order of birth is uncertain. A definite firstborn requires a lamb to be given to the Kohen, while a doubtful firstborn requires separation of a lamb that the owner may retain. The redemption may use a sheep or goat of either sex, age, or physical condition. The daf also develops the fundamental dispute between Rabbi Yehudah and Rabbi Shimon over whether an unredeemed firstborn donkey is prohibited for benefit, while clarifying that after arifah it is forbidden according to everyone.