Bechoros Chart #11
Chart for Bechoros Daf 46a-b
THE FIRSTBORN-STATUS OF A CHILD BORN AFTER AN 8-MONTH OR 9-MONTH (FULL-TERM) STILLBORN
BORN AFTER AN 8-MONTH STILLBORN
BORN AFTER A 9-MONTH STILLBORN
|1||THE FIRST BABY WAS DEAD WHEN ITS HEAD EMERGED (1)||Second child is firstborn for both inheritance (2) and Pidyon (3)||Second child is firstborn for inheritance (2)|
|2||THE FIRST BABY WAS ALIVE WHEN ITS HEAD EMERGED (1)||Second child is firstborn for inheritance (2)||Second child is not firstborn at all|
(1) The mother was carrying twin boys, and the head of the first baby (the non-viable one) emerged, and withdrew back into the womb, and then the second baby emerged.
(2) The second child, and not the first, is the one for whom the father's heart is concerned ("Mi she'Libno Daveh Alav"), since the father is only concerned for a viable child. The Torah (Devarim 21:17) teaches that the law of firstborn with regard to inheritance applies only to a firstborn son for whom the father's heart is concerned.
(3) Since the first baby was dead, and had not yet reached full-term, the emergence of its head is not considered to be a birth that "opens the womb" (see Shemos 13:2) with regard to Pidyon.