Talmud - Bekhorot 48b בכורות מ״ח ב׳

is not like one written in a document, but like an oral loan. And everyone accepts the opinion of Rav Pappa, as Rav Pappa says: When a creditor gives a loan by oral agreement, he can collect the debt from the heirs of the debtor after his death but he cannot collect the debt from the purchasers of the debtor’s property. Consequently, the priest can collect the redemption money only from the half of the property with regard to which the sons are considered heirs, and since the entire property is worth only five sela coins he would be able to take only two and a half sela coins.

And here Rabbi Meir and Rabbi Yehuda disagree with regard to the issue of: Five, but not with half of five. As Rabbi Meir holds that the Torah requires giving specifically five sela coins, but not half or part of five; therefore, the brothers are exempt from giving a priest those two and a half sela coins. And Rabbi Yehuda maintains that the Torah requires giving five sela coins, and even half or part of five. Therefore, he rules that the priest takes those two and a half sela coins from the property with regard to which the sons are considered heirs.

The Gemara asks: If so, when Rabbi Yehuda says: The obligation to redeem the firstborn already took effect on the property of the father, he should have said that the obligation to redeem the firstborn took effect on the man, i.e., the brothers who are obligated to pay the sum, as Rabbi Yehuda agrees that the priest forfeits the half of the obligation that applies to the property. And furthermore, it is taught in a baraita that Rabbi Yehuda says: In a case where the identity of the firstborn is unknown, and the brothers divided their father’s property, if there are ten dinars, which equals two and a half sela coins, for this brother, and ten dinars for that brother, they are obligated to pay the priest; and if not, they are exempt.

The Gemara clarifies the difficulty by analyzing the baraita: What is the meaning of the clause: Ten dinars for this brother and ten dinars for that brother? If we say each has ten dinars from the father’s property, which is the total sum of both the half of the inheritance and the half with regard to which they are purchasers together, which equals two and a half sela coins, and Rabbi Yehuda says they are obligated to pay the priest because he maintains that there is a mitzva to give five sela coins and even half or part of five, this is difficult. If so, why specifically state that they are obligated only when there are ten dinars? The same halakha would apply even to fewer than ten dinars, as the priest is entitled to whatever is available.

Rather, it is obvious that in this case there are ten dinars of inheritance for this brother and ten dinars of inheritance for that brother, which totals five sela coins. According to Rabbi Yehuda, it is only in this case that they are obligated to pay the priest. Evidently, Rabbi Yehuda maintains that there is a mitzva to give specifically five sela coins, but not half or part of five, which contradicts the suggested explanation of the dispute.

Rather, the mishna is referring to a case where the father’s property is worth five sela coins, and everyone, both Rabbi Meir and Rabbi Yehuda, agree that the Torah requires giving five sela coins, but not half of five. And here they disagree with regard to the statements of Rav Asi and Rav Pappa that the portion of the inheritance includes only two and a half sela, which the priest is not entitled to collect. Rabbi Meir holds in accordance with their opinion, while Rabbi Yehuda disagrees and holds that all five sela coins are available for the redemption.

§ The Gemara notes: And there are those who teach this discussion with regard to the latter clause of the mishna: If one had two sons and it is unknown which is the firstborn, and the father died, Rabbi Yehuda says the obligation to redeem the firstborn already took effect on the property of the father. Therefore, even if the father’s property has been divided, the sons are required to pay the priest. The Gemara asks: When did the father die? If we say that he died after thirty days following the birth of his sons, should one conclude by inference that Rabbi Meir maintains that if they divided their father’s property they are exempt from giving the redemption payment to the priest? But the property is already on lien for the mitzva of redemption.

Rather, it is referring to a case where the father died within thirty days of the birth of his sons and the obligation of redemption applies to the firstborn himself, though it is unknown which is the firstborn. If so, why does Rabbi Yehuda obligate them even when the brothers had already divided their father’s property between them? Let the priest go to this son, and he will reject him, by claiming that he is not the firstborn, and let him go to that son and he too will reject him on the same grounds.

Rabbi Yirmeya says: That is to say: In a case involving two people named Yosef ben Shimon, who were residents of one city, and one of them purchased a field from the other, an earlier creditor can collect payment of his debt from that field. This is because he can say to the buyer: If you are indebted to me I am taking the one hundred dinars that is your share in the field, and if the other Yosef ben Shimon is indebted to me, then this field was on lien to me before you acquired it.

Rava said: Now consider, a person’s property is a guarantee for him, so why can the creditor not claim his debt from the debtor himself but can claim it from the guarantor, i.e., his property? The Gemara comments: And from here onward, all the rest of the discussion is the same as in the first version of the passage, as cited earlier.

MISHNA: With regard to two wives of one man, both of whom had not previously given birth, and they gave birth to two males, i.e., each bore one male, and the sons were intermingled, the father gives ten sela coins to the priest even if it is unknown which son was born first, because it is certain that each is firstborn of his mother. In a case where one of them dies within thirty days of birth, if he gave all ten sela coins to one priest, the priest must return five sela to him, because the father was not obligated to redeem the son who then died. And if he gave the redemption payment to two different priests, he cannot reclaim the money from the possession of either priest, as each could claim that the money that he received was for the living child.

If one mother gave birth to a male and one gave birth to a female, or if between them they gave birth to two males and one female, and the children were intermingled, the father gives five sela coins to the priest: In the first case because the male might have preceded the female and in the second case because one of the males is certainly firstborn. If the children were two females and a male, or two males and two females, the priest has nothing here, as it is possible the female was born first to each mother.

If one of his wives had previously given birth and one had not previously given birth and they gave birth to two males who became intermingled, the father gives five sela coins to the priest, as it is certain that one of them was born to the mother who had not yet given birth. If one of them dies within thirty days of birth the father is exempt from that payment, as it is possible that the one who died was born to the mother who had not yet given birth.

In a case of intermingling where the father died and the sons are alive, Rabbi Meir says: If they gave the five sela coins to the priest before they divided their father’s property between them, they gave it, and it remains in the possession of the priest. But if not, they are exempt from giving the redemption payment to the priest. Rabbi Yehuda says: The obligation to redeem the firstborn already took effect on the property of the father. If the wives gave birth to a male and a female the priest has nothing here, as perhaps the female was born to the mother who had not yet given birth.

With regard to two women who had not previously given birth, who were married to two different men, and they gave birth to two males and the sons were intermingled, this father gives five sela coins to a priest and that father gives five sela coins to a priest, as each is certainly firstborn to his mother. In a case where one of them dies within thirty days of birth, if the fathers gave all ten sela coins to one priest, the priest must return five sela coins to them. But if they gave the redemption payment to two different priests they cannot reclaim the money from the possession of either priest, as each could claim that the money that he received was for the living child.

If the women gave birth to a male and a female and the children became intermingled, the fathers are exempt, as each could claim that he is the father of the female, but the son is obligated to redeem himself, as he is certainly a firstborn. If two females and a male were born, or two females and two males, the priest has nothing here, as it is possible the female was born first to each mother.

If one woman had previously given birth and one had not previously given birth, and they were married to two men and they gave birth to two males, who then became intermingled, this one whose wife had not previously given birth gives five sela coins to the priest. If the women gave birth to a male and a female the priest has nothing here, as it is possible the female was born to the mother who had not yet given birth.

GEMARA: The mishna teaches with regard to two wives of two husbands whose firstborns were intermingled, that if the fathers gave their redemption money to two different priests and one of the firstborns died, they cannot reclaim the money from the possession of either priest. The Gemara asks: What is different about a case where the fathers gave the redemption money to two different priests, and one of the firstborns subsequently died, that they cannot reclaim the money? The reason is that one father will go to this priest and he will reject him, by claiming that he took the redemption money for the surviving firstborn, and likewise he will go to that other priest and he too will reject him in the same manner.

The same is also true in a case where they gave their redemption money to one priest: This father will go to the priest and the priest will reject him, by claiming that his son is still alive, and that father will go to the priest and he will reject him too, on the same grounds. Shmuel says:

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Bechorot 48b explores firstborn redemption debts, contrasting Rabbi Meir and Rabbi Yehuda on whether partial payments of five sela coins fulfill the obligation.