BECHOROS 49 (2 Sivan) - This Daf has been dedicated in memory of Harry Bernard Zuckerman, Baruch Hersh ben Yitzchak (and Miryam Toba), by his children and sons-in-law.

1)

BABIES MIXED UP FROM BIRTH (cont.)

(a)

(Gemara) Question: (When a son of Reuven or Shimon died within 30 days,) if they gave to different Kohanim, the Kohanim keep the money. Each can say (perhaps) I received money for the living child;

1.

Also if they gave to the same Kohen, he can tell each of them, perhaps your son is alive. (I need not return your money!)

(b)

Answer (Shmuel): The case is, Reuven made a Harsha'ah (authorizing Shimon to collect for him, in case Reuven's son died.)

(c)

Question: Chachamim of Neharda'a (Shmuel's city) say that we do not write a Harsha'ah on Metaltelim!

(d)

Answer: That is only if the other party denies the matter (for then, it looks like a lie). If not, it may be written.

(e)

(Mishnah): If they gave birth to a boy and a girl (each a Peter Rechem, the fathers are exempt).

(f)

(Rav Huna): If they gave birth to two boys and a girl, the Kohen does not receive anything (perhaps only one boy is a Peter Rechem, and we do not know which boy, or who is his father.)

(g)

Our Tana did not teach this case, because the law (that the Kohen does not receive anything) applies only to two fathers, but not to two wives of one man.

2)

PIDYON IS AFTER 30 DAYS

(a)

(Mishnah): If Reuven's Bechor died within 30 days of birth, (Reuven is exempt;) even if Reuven already gave five Shekalim to a Kohen, the money is returned;

(b)

If he died after 30 days, even if Reuven had not yet given five Shekalim, he must give now;

(c)

If he died on day 30, this is like dying within 30 days;

(d)

R. Akiva says, if he already gave five Shekalim, it is not returned. If he did not yet give, he need not give.

(e)

(Gemara) Question: What is Chachamim's reason?

(f)

Answer: They learn a Gezeirah Shavah "Chodesh-Chodesh" from the counting of the Bechoros in the Midbar;

1.

Just like only Bechoros above 30 days were counted, also Pidyon ha'Ben applies only after 30 days.

(g)

R. Akiva is unsure whether we learn from there;

1.

It says "va'Ma'alah" regarding Erchin to teach that a 30-day old is like less than 30 days (he has no Erech). We do not learn this from Bechoros (in the Midbar). Therefore, Erchin and Bechoros are Shnei Kesuvim, we do not learn from them to other places.

2.

R. Akiva is unsure. Granted, we do not learn to other places, but perhaps Pidyon ha'Ben is considered the same matter! (The Bechoros were counted for the sake of redemption.)

(h)

Version #1 - our text - (Rav Ashi): All agree that regarding Aveilus (mourning), a baby that died on day 30 is like one who died before 30 days. (He is assumed to be a Nefel, so we do not mourn over him.)

(i)

Version #2 - R. Gershom - (Rav Ashi): All agree that the 30th day of Aveilus is like after 30 days. (One may launder and shave.) (end of Version #2)

(j)

(Shmuel): In Aveilus, the Halachah always follows the lenient opinion.

3)

PIDYON WITHIN 30 DAYS

(a)

(Mishnah): If Reuven died before his Bechor was 30 days old, we assume that he did not redeem him, the son must redeem himself (when he matures) unless he brings proof that he was redeemed;

(b)

If Reuven died after 30 days, we assume that he redeemed him, unless people tell the son that Reuven said (shortly before he died) that he did not redeem him.

(c)

If Shimon must redeem himself and his son, he redeems himself first;

(d)

R. Yehudah says, he redeems his son first, for the Mitzvah to redeem Shimon was incumbent on Shimon's father, but the Mitzvah to redeem Shimon's son is on Shimon.

(e)

(Gemara - Rav): If Pidyon ha'Ben was done within 30 days, it is valid;

(f)

(Shmuel): It is invalid.

(g)

If he said that the Pidyon should take effect immediately, all agree that it is invalid;

1.

If he gave the money now to take effect after 30 days, and the Kohen still has the money then, all agree that it is valid;

2.

They argue when he gave the money now to take effect after 30 days, and the Kohen does not have the money then;

i.

Rav says that it is valid, just like Kidushin. (If Reuven gave money now to Leah to be Mekadesh her after 30 days, it takes effect then, even if the money was already consumed);

49b----------------------------------------49b

ii.

Shmuel says that Kidushin is different, for he could be Mekadesh her right now, but Pidyon cannot be done within 30 days.

(h)

Normally, when Rav and Shmuel argued about Isurim (non-monetary laws), the Halachah follows Rav. However, in this case the Halachah follows Shmuel.

(i)

Question (against Shmuel - Mishnah): If Reuven's Bechor died within 30 days, even if he already gave five Shekalim, the money is returned.

1.

Inference: Had the Bechor not died, the Pidyon would be valid, even though it was done within 30 days!

(j)

Answer: The case is, (he gave the money to take effect after 30 days;) the Kohen still has the money after 30 days.

(k)

Question (against Shmuel - Mishnah): (If Reuven died within 30 days,) we assume that he did not redeem him, unless the son brings proof that he was redeemed.

1.

Inference: If the son brings proof, the Pidyon is valid, even though it was done within 30 days!

(l)

Answer: Also there, the Kohen still has the money after 30 days.

(m)

(A reciter of Beraisos): If Pidyon ha'Ben was done within 30 days, it is valid.

(n)

Objection (Rav Yehudah): That is wrong, for it is unlike Shmuel!

1.

Even though normally the Halachah follows Rav in Isurim, here the Halachah follows Shmuel.

4)

PRECEDENCE FOR PIDYON HA'BEN

(a)

(Mishnah): If a man must redeem himself and his son, he first redeems himself.

(b)

(Beraisa): If a man must redeem himself and his son, he first redeems himself;

(c)

Rebbi Yehudah says, he first redeems his son, for it is his own Mitzvah to redeem himself, but his son's redemption is the son's Mitzvah placed on the father!

(d)

(R. Yirmiyah): If the father only has five Shekalim, all agree that he redeems himself. His own Mitzvah takes precedence;

1.

They argue in a case when he has five Shekalim of Bnei Chorin (property he still owns) and five Shekalim of Meshu'abadim (property that he sold);

2.

Rebbi Yehudah holds that Milveh ha'Kesuvah b'Torah (a debt that the Torah was Mechadesh) is like a debt for which there is a document. [The Kohen] can take the Meshu'abadim from the buyer for the father's redemption, so [the father] uses the five of Bnei Chorin to redeem his son;

3.

Chachamim hold that Milveh ha'Kesuvah b'Torah is not like a debt with a document. Therefore, his own Mitzvah comes first.

5)

THE SELA'IM OF PIDYON HA'BEN

(a)

(Mishnah): All of the following are paid in Shekel ha'Kodesh (which is a Sela, twice a regular Shekel), in Maneh Tzuri (this will be explained):

1.

The five Sela'im of Pidyon ha'Ben, the 30 Shekalim for a slave (gored by a Mu'ad animal), the 50 Shekalim that an rapist or enticer pays, the 100 Shekalim paid by a Motzi Shem Ra;

2.

All of them are redeemed with money or something worth money, except for (half-) Shekalim (that men must give to Hekdesh every year for Korbanos Tzibur).

(b)

(Gemara) Question: What is "Maneh Tzuri"?

(c)

Answer (R. Asi): It is the Maneh used in Tzur (25 Sela'im of pure silver, each Sela is four Zuz. Standard coins are seven eighths copper, and are worth only one eighth as much.)

(d)

Version #1 - Rashi - (R. Ami): A Sela Tzuri is (Chazon Ish - four times) a Dinar Aravi. The latter is seven tenths of a regular Dinar.

(e)

(R. Chanina): It is an old Sela, an eighth of a standard Dinar. (Shitah Mekubetzes - R. Chanina is a Tana. He argues with our Mishnah.)

(f)

Version #2 - Tosfos - (R. Ami): Five Sela'im equal a (gold) Dinar Aravi (worth 20 silver Dinarim);

(g)

(R. Chanina): The Sela'im for Pidyon ha'Ben equal those of Syria, each Sela is an eighth of a Syrian gold Dinar.

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