Bekhorot 40

לגמריה לא אמרינן יולדת למקוטעין לסבריה אמרינן יולדת למקוטעין

According to what we have on tradition, we do not maintain that it gives birth before the due number of months is completed,<span class="x" onmousemove="('comment',' And, therefore, it does not speak of having been born in the first year.');">¹</span>

ואיבעית אימא

but according to his own opinion we maintain that it does give birth before the due number of months is completed.

לא אמרינן יולדת

And if you still prefer [another solution], I may say: We do not maintain that an animal gives birth before the due number of months is completed.

והכא במקצת היום ככולו קמיפלגי לסבריה אמרינן מקצת היום ככולו לגמריה לא אמרינן מקצת היום ככולו:

and the point at issue here is, however, whether a part of the day<span class="x" onmousemove="('comment',' The thirtieth day of the discharge, and the point is whether it is possible for the animal to commence pregnancy on that day.');">²</span>

אמר ר' עקיבא

is considered as equivalent to the whole day.

אני לא באתי לידי מדה זו אלא כל שידוע כו':

According to his own opinion,<span class="x" onmousemove="('comment',' Which refers to being born in the first year.');">³</span>

מאי איכא בין ר' עקיבא לר' יהושע

we say that a part of the day is considered equivalent to the whole day.<span class="x" onmousemove="('comment',' That a part of the last day of the discharge is considered as a whole day, and therefore we can say that it became pregnant on that very day, so that the animal was born on the last day of its first year, even after allowing for five full months for the pregnancy.');">⁴</span>

אמר ר' חנינא מסורא

whereas according to what he had on tradition we do not say that a part of the day is considered as the whole day.'

חלב פוטר איכא בינייהו

Said R'Akiba: I have not come so far as this.

ר' עקיבא סבר

But wherever it is known etc.'

חלב פוטר

What is the difference betwee R'Akiba and R'Joshua?<span class="x" onmousemove="('comment',' Since according to both, where we do not know if it had given birth, the embryo is a questionable first-born.');">⁵</span>

הלך אחר רוב בהמות ורוב בהמות אין חולבות אלא אם כן יולדות

- Said R'Hanina of Sura: The difference between them is whether milk exempts [from the law of the firstling].<span class="x" onmousemove="('comment',' If it gives milk in its first year, or if it was born in the Israelite's house and we did not see it giving birth until after the first year, but meanwh it gave milk.');">⁶</span>

ור' יהושע סבר

R'Akiba holds: Milk exempts, for we go by the majority of animals and the majority of animals do not give milk unless they have given birth.

הא איכא מיעוטא דחולבות אע"פ שאין יולדות

But R'Joshua<span class="x" onmousemove="('comment',' Who takes into consideration the minority of animals which discharge, also takes into consideration the minority of animals which give milk although they had never given birth. Therefore the offspring in this case is subject to the law of the firstling.');">⁷</span>

ומי חייש ר' יהושע למיעוט

holds that there exists a minority of animals which give milk although they have not yet given birth.

והתנן

But does R'Joshua take into consideration the minority?

היתה לה חמותה אינה חוששת

Have we not learnt: If [a woman]<span class="x" onmousemove="('comment',' Who with her husband had gone to some place where information regarding those left behind was not easy to obtain, and the husband died without children and left no brother (Yeb. 119a) .');">⁸</span>

יצאה מליאה חוששת ר' יהושע אומר אינה חוששת

had a mother-in-law, she need not fear,<span class="x" onmousemove="('comment',' Lest meanwhile, during their absence, the mother-in-law had given birth to a son whom the widow is now obliged under the levirate law to marry.');">⁹</span>

ואמרינן

but if when she left the mother-in-law was pregnant, she must fear.<span class="x" onmousemove="('comment',' Lest a son was born to her mother-in-law, and therefore she cannot marry another.');">¹⁰</span>

מאי טעמא דר' יהושע

R'Joshua.

קסבר

however, says: She need not fear.<span class="x" onmousemove="('comment',' V. Yeb. 119a.');">¹¹</span>

רוב מעוברות יולדות ומיעוט מפילות וכל היולדות מחצה זכרים ומחצה נקבות

And we explained, what is the reason of R'Joshua - He holds: The majority of pregnant women actually gave birth, and only a minority miscarry.

סמוך מיעוטא דמפילות למחצה דנקבות והוו להו זכרים מיעוטא ולמיעוטא לא חיישינן

And of all who give birth, half bear males and half females.<span class="x" onmousemove="('comment',' Who do not render the widow liable to the law of the levirate.');">¹²</span>

אלא איפוך

Add the minority of miscarriages to the half which bear females, then males are in the minority and we do not take into consideration a minority? - Rather, reverse [the names above].<span class="x" onmousemove="('comment',' So that it is R. Joshua who maintains that a discharge exempts, and the same applies to the giving of milk, whereas R. Akiba only exempts where it is definitely known that it had given birth, but when it is not known, even if it discharges or gives milk, it is a doubtful first-born.');">¹³</span>

והתניא

And it has been taught similarly: Milk exempts from the law of the firstling:<span class="x" onmousemove="('comment',' As is the case when it discharges from the womb.');">¹⁴</span>

חלב פוטר דברי ר' יהושע רבי עקיבא אומר

this is the teaching of R'Joshua.

חלב אינו פוטר

R'Akiba, however, Says: Milk does not exempt.<span class="x" onmousemove="('comment',' From the law of the firstling, unless it is known that it had not given birth.');">¹⁵</span>

ת"ר

Our Rabbis have taught: If a she-kid gave birth to three females<span class="x" onmousemove="('comment',' Simultaneously, at the end of its year.');">¹⁶</span>

גדייה שילדה שלש בנות וכל בנותיה ילדו שלש שלש כולן נכנסות לדיר להתעשר

and each female gave birth to three,<span class="x" onmousemove="('comment',' At the end of their year. The offspring were females, but if they had been males, there would have been three firstlings and there could then be no tithing. All of them would have to be born between one Elul and the next, as the month of Elul is reckoned the New Year for animal tithing and those born before Elul cannot be tithed with those born after Elul; v. R.H. 2a.');">¹⁷</span>

א"ר שמעון

all of them<span class="x" onmousemove="('comment',' I.e., the offspring.');">¹⁸</span>

אני ראיתי שעישרה בתוך שנתה

enter the shed to be tithed.

למה לי למיתני שלש שלש

Said R'Simeon: I saw [a she-kid] of which [the offspring] was tithed in its first year.<span class="x" onmousemove="('comment',' I.e., in the same year as the three daughters were born, and the daughters in turn gave birth, and the animals entered for tithing.');">¹⁹</span>

תוליד חד מינייהו תלת ואינך תרתי תרתי

What need is there [for the Baraitha] to state that each gave birth to three?

איידי דאיכא חדא דלא סגיא בלא שלש תנא כולהו דילדו שלש שלש

Let it state th one gave birth to three and the rest each gave birth to two? - Since one animal must necessarily bear three,<span class="x" onmousemove="('comment',' In order to make up the number ten to be subject to tithing. as the original she-kid is not tithed with the offspring because it belongs to a previous year.');">²⁰</span>

ולמה לי למיתני שלש כלל

[the Baraitha] states in each of the cases mentioned that it gave birth to three.

לילדו כולהו תרתי ותיהדר איהי ותוליד בהדיהן

And what need is ther for [the Baraitha] to state [that each gave birth to] three at all? Let it say that each [offspring] gave birth and the mother again gave birth together with them?<span class="x" onmousemove="('comment',' So that there will be three mothers with their six offspring and the additional offspring of the she-kid.');">²¹</span>