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|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. Even if the father gave the Kohen money within thirty days of his firstborn son's birth, the Kohen must return it if the baby dies within thirty days.
2. There is a dispute about the status of a firstborn son who dies on the thirtieth day after birth.
3. Rav Ashi: Everyone agrees that with regard to the laws of mourning, if the baby dies on the thirtieth day, it is as if he died on the twenty-ninth day. Therefore, the father does not have to mourn for his child, since he is considered a Nefel.
4. A firstborn son is presumed to have been redeemed on the thirtieth day.
5. Everyone agrees that if the father gives money to a Kohen within thirty days and says that the redemption should take place from this moment, it is invalid.
6. There is an argument in a case in which the money was given within thirty days, but it was used by the Kohen before the thirtieth day arrived.
7. Everyone agrees that if a father is a firstborn and he has a firstborn son, but he has only five Sela'im, he must redeem himself before his son.
A BIT MORE
1. In contrast, if the baby survives longer than thirty days and then dies, the father owes the money to the Kohen.
2. Tana Kama: It has the status of the twenty-ninth day, and the Kohen must return the money. Rebbi Akiva: If the father already gave the money, he may not take it back from the Kohen. If he did not yet give the money, he does not have to give it to the Kohen.
3. We invoke Shmuel's ruling that the Halachah always follows the lenient opinion in matters of mourning.
4. Accordingly, if the father died within thirty days of the birth, we assume that the son was not redeemed. If he died after thirty days, we assume that the son was redeemed.
5. In contrast, if the father gave money within thirty days and the money is still extant after thirty days, the redemption is valid.
6. Rav: The redemption is valid. Shmuel: The redemption is invalid. The Halachah follows the view of Shmuel.
7. This is because his Mitzvah takes precedence over his son's Mitzvah.
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