Commentary for Pesachim 5:1

המפלת אור לשמונים ואחד בית שמאי פוטרין מקרבן ובית הלל מחייבים

If a woman miscarries on the evening [or] of the eighty-first day; Beth Shammai exempt her from a sacrifice, whereas Beth Hillel declare her liable.<span class="x" onmousemove="('comment',' A woman must bring a sacrifice eighty-one days after the birth of a daughter (v. Lev. XII, 2.6) . This sacrifice suffices also for a miscarriage within the eighty days, i.e., before it was due, but not for a miscarriage (or viable birth) from the eighty-first day and onwards, since by then it was already due on account of the first birth. Now, by the evening of the eighty-first day eighty days have already passed; on the other hand, since there are no sacrifices at night, she could not offer hers until the following morning. Beth Shammai and Beth Hillel accordingly differ as to whether that miscarriage entails a sacrifice or not.');">¹</span> Said Beth Hillel to Beth Shammai: Wherein does the evening ['or'] of the eighty-first differ from the day of the eighty-first; seeing that it was assimilated thereto in respect of uncleanness,<span class="x" onmousemove="('comment',' A discharge of blood on the eighty-first, whether in the evening or during the day, renders her unclean, - this is agreed by all. - A discharge between the fifteenth and the eightieth inclusive does not make her unclean; v. ibid. 5.');">²</span> shall one not assimilate it thereto in respect of sacrifice? Now since Beth Hillel say to Beth Shammai, 'Wherein does the evening [or] of the eighty-first differ from the day of the eighty-first,' it follows that 'or' is evening.

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