Bekhorot 41

לימא קסבר מטנפת אינה חוזרת ויולדת בתוך שנתה

May we say,<span class="x" onmousemove="('comment',' Since the Baraitha above does not state that the mother gave birth again but that the ten animals for tithing are composed of each of the daughters giving birth to three.');">¹</span>

אם תימצי לומר מטנפת חוזרת ויולדת בתוך שנתה יולדת ודאי אינה חוזרת ויולדת בתוך שנתה:

therefore, that he holds that an animal which discharges, does not subsequently give birth in the year [of its discharging]?<span class="x" onmousemove="('comment',' And in this case, it cannot bear, having given birth to three daughters in the beginning of the year. He mentions here 'discharging' because he also wishes to solve the dispute above between R. Ishmael and R. Joshua on the point whether there is a delay after a discharge as after an actual birth.');">²</span>

אמר רבי שמעון אני ראיתי גדייה כו':

- [No], though you hold that an animal which discharges can give birth in the year [of its discharging],<span class="x" onmousemove="('comment',' I.e., that the period of discharging can be less than thirty days.');">³</span>

מאי איכא בין תנא קמא לרבי שמעון

[you may still maintain that] if it gave birth, it cannot give birth again in the sam year.<span class="x" onmousemove="('comment',' And therefore the language of the Baraitha affords no proof with regard to discharging.');">⁴</span>

איכא בינייהו דזעירי תנא קמא אית ליה דזעירי ור' שמעון לית ליה דזעירי

Said R'Simeon: 'I saw a she-kid etc.'

ואיבעית אימא

What is the difference between the first Tanna [quoted above in the Baraitha] and R'Simeon?<span class="x" onmousemove="('comment',' For both agree that the she-kid, the grandmother, is not tithed with the rest.');">⁵</span>

דכולי עלמא אית להו דזעירי והכא ביולדת למקוטעין קא מיפלגי לתנא קמא אינה יולדת למקוטעין לרבי שמעון יולדת

- They differ in accepting or rejecting the dictum of Ze'iri.

ואיבעית אימא

For Ze'iri said: The period of discharging [from the womb] is not less than thirty days.<span class="x" onmousemove="('comment',' This passage is inserted from Sh. Mek.');">⁶</span>

דכולי עלמא אינה יולדת למקוטעין והכא במקצת היום ככולו קמיפלגי לתנא קמא לא אמרינן מקצת היום ככולו לרבי שמעון אמרי' מקצת היום ככולו

The first Tanna [in the above Baraitha] accepts Ze'iri's dictum,<span class="x" onmousemove="('comment',' And these three daughters discharged in the beginning of the seventh month, continuing the discharge for thirty days, and therefore they could not give birth in the first year, but only at the beginning of the second year. For this reason the first Tanna does not use the expression 'In the first year'.');">⁷</span>

ואב"א

whereas R'Simeon<span class="x" onmousemove="('comment',' Who uses the phrase 'In the first year', certainly does not agree with Ze'iri, but maintains that discharging can last less than thirty days, so that they gave birth in the first year. (R. Gershom) . According to Rashi the explanation is that the females discharged on the last day of the sixth month and not on the first day of the seventh month. Add to this the thirty days of Ze'iri and the five full months of pregnancy, then the animal enters the shed for tithing at the end of the first year. But R. Simeon who uses the expression 'In the year' does not accept Ze'iri's teaching and therefore the tithing can take place some days earlier, before the completion of the year. A further explanation of Rashi is: According to the first Tanna of the Baraitha above, even if it begins to discharge on the first day of the seventh month, and allowing the thirty full days of Ze'iri, it still gives birth on the first day of the second year. If the year is a leap-year the mothers and their daughters enter the shed to be tithed even in that case. Reckoning the year therefore from Elul to the following Elul, we could place the birth even on the first of Ab. But R. Simeon who uses the expression 'In his first year' does not accept Ze'iri's reaching and they can therefore be tithed together, having been born on the last day of Ab.');">⁸</span>

דכ"ע אמרינן מקצת היום ככולו והכא במחוסר זמן נכנס לדיר להתעשר קמיפלגי

does not accept Ze'iri's teaching. And if you wish [another solution]. I may say: All the authorities concerned agree with Ze'iri's dictum, but the difference between them is whether an animal can give birth before the due number of months is completed. The first Tanna [of the above Baraitha] holds that an animal cannot give birth before the due number of months is completed, whereas, according to R'Simeon, It can give birth before the due number of months is completed. And if you wish [still another solution] I may say: All [the authorities concerned] maintain that an animal does not give birth before the due number of months is completed, and the difference of opinion is whether a part of the day is considered as equivalent to the whole day. According to the first Tanna [above] we do not maintain that a part of the day is considered like a whole day, whereas, according to R'Simeon, we maintain that a part of the day is considered like a whole day. And if you wish [still another solution], I may say: All the authorities concerned agree that a part of the day is considered like the whole day, and the point at issue here is whether animals may enter the shed to be tithed before its due time.<span class="x" onmousemove="('comment',' Before the eighth day from its birth. According to the first Tanna of the Baraitha they do not enter to be tithed before the completion of seven days alter their birth, whereas according to R. Simeon, they can be tithed even before that time.');">⁹</span>