BECHOROS 46 (28 Iyar) - Dedicated in honor of the birthday of Neti Linzer.

[46a - 32 lines; 46b - 37 lines]

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We recommend using the textual changes suggested by the Bach and the marginal notes of the Vilna Shas. This section is devoted to any OTHER important corrections that Acharonim have pointed out in the Gemara, Rashi and Tosfos.

[1] Rashi 46a DH Pasha b'Yenukei " :

The words "Malkeh Osan u'Mesim"

should be "Malkeh Osan Yoser Midai" (as it appears in Rashi to Gitin 36a and to Makos 17a)

[2] Gemara 46b [line 20]:

The letter "Dalet" of the Ein Mishpat is in the wrong place and belongs on the next line, alongside the words of Rebbi Yochanan, "Afilu l'Nachalah"

[3] Rashi 46b DH Aidi d'Ba'i " :

The words "d'Lo Matzi l'Misnei"

should be "Lo Matzi l'Misnei"

[4] ibid:

The words "d'Rosho Ben Tish'ah"

should be "d'Rosh Ben Tish'ah"

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1)[line 1] MADRINAN LEI A'DA'AS RABIM

In certain circumstances, Beis Din may make a person take a vow with a stipulation that the vow can be rescinded only with the consent of the public. Since it is impossible to attain the consent of everyone, the vow cannot be absolved.

2)[line 5] HA'HU MAKREI DARDEKEI- that teacher of school boys (who teaches them to read verses)

PEREK #8 YESH BECHOR

3a)[line 11] BECHOR L'NACHALAH

The first male born to a father inherits a double portion of his father's estate. This applies only if the son was the first viable child to be born to the father, whether or not he was the first child born to the mother. Even if the son was preceded by a Nefel, a stillborn, he is still the Bechor l'Nachalah.

b)[line 11] BECHOR L'KOHEN (PIDYON HA'BEN)

(a)The Torah requires that every Yisrael sanctify the firstborn male of his children, Kosher animals and donkeys, as it is written, "Kadesh Li Chol Bechor, Peter Kol Rechem bi'Vnei Yisrael, ba'Adam uva'Behemah; Li Hu." - "Sanctify to Me every firstborn that initiates the womb among the children of Yisrael, among both man and beast; it is Mine" (Shemos 13:2).

(b)The Mitzvah of Pidyon ha'Ben applies to a Yisrael and not to a Kohen or a Levi. The first male born to a mother (who is the daughter of a Yisrael) must be redeemed by his father (as stated in Shemos 13:13, "v'Chol Bechor Adam b'Vanecha Tifdeh").

(c)The Bechor must be redeemed when he is one month old by giving five silver Shekalim of Kodesh (each of which weighs 19.2 or 17 grams see Midos v'Shi'urei Torah, C. P. Benish, Benei Brak, 5760, pp. 487-488) to a Kohen as stated in Bamidbar (18:16). This applies only if the son was the first issue (i.e. he was not preceded by a Nefel stillborn) and was delivered through the womb (i.e. he was not delivered by Caesarian section). (SEFER HA'CHINUCH #392)

(d)The verses that refer to the Bechor Adam are: Shemos 13:2; 13:13; 13:15; 22:28; 34:19-20, Bamidbar 3:12-13; 8:17; 18:15.

4a)[line 18]SANDAL- a flat, fish-shaped aborted fetus

b)[line 18]SHILYA- commonly translated as the placenta; a more accurate description is the fetal membranes in which the fetus forms, which are attached to the placenta (RASHI to Berachos 4a; TOSFOS to Nidah 18a DH Shilya and elsewhere in the Rishonim)

c)[line 19] SHEFIR MERUKAM- skin that envelops a partially formed dead fetus

46b----------------------------------------46b

5)[line 1] EIN HA'ROSH POTER B'NEFALIM- a stillborn is not considered to be born with the emergence of its head with regard to exempting the next, live birth from Pidyon ha'Ben; only when a majority of the body emerges is it considered born to exempt the child born afterwards from Bechorah.

6)[line 15] D'LEIS LAH PEROZDOR- she (the animal) has no passageway. That is, the womb of an animal is not between the thighs, and thus there is no lengthy passageway through which the newborn must travel before it emerges. Consequently, the emergence of the head of the newborn is considered birth. In contrast, in a human, the thighs form a protective passageway for the newborn.

7)[line 16] CHASHIV PARTZUF PANIM DIDEI- its face has importance

8)[line 18]PADACHTO- his forehead

9)[line 24] YEMEI TUM'AH V'YEMEI TAHARAH (YOLEDES)

See Background to Bechoros 40:12.

10)[line 28] EIN ME'IDIM- we cannot testify that a man has died based on a corpse that was found, in order to permit his wife to get married, unless its face (alt., forehead, see Gemara) and nose can be discerned

11)[line 35] HUCHZEKU LIHEYOS MASI'IM ED MI'PI ED- the Chachamim instituted that a woman may remarry even if only one witness testifies that her husband has died. The reason for this is that it is assumed that the woman would take care to determine that her husband is truly dead before remarrying out of fear of the consequences of her husband's return. (If her husband is found to be alive, she loses not only her original husband and the new husband, but her Kesuvah and other benefits as well.) (Yevamos 90)

12a)[line 36]B'SOFAH- at the end, after they know without a doubt that the husband has died

b)[last line]BI'TECHILASAH- at the beginning, when they are trying to ascertain if the husband has died

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