Rabban Shim'on Ben Gamliel says: One who buys an animal that is nursing from a non-Jew need not be concerned that it had another child beforehand. If one entered his pen and saw those who had previously given birth nursing and those that had not previously given birth nursing, he need not be concerned that the child of this mother is nursing from that mother or that the child of that mother is nursing from this mother.
Bartenura on Mishnah Bekhorot
אין חוששין שמא בנה של אחרת היה - that what comes (i.e., the offspring) after it is a doubtful firstling, that we would say: “this animal never gave birth, but that she loved this one, the male offspring of her neighbor,” but if because that she has milk, there is a minority of those giving milk even though they have not given birth, but certainly we don’t say, that it is her offspring and that she is exempt from the laws of firstlings (see Talmud Bekhorot 20b).
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bekhorot
Introduction
In this mishnah Rabban Shimon ben Gamaliel teaches that when one sees an animal nursing, he can assume that it is nursing its own offspring. As we shall see, this has certain halakhic ramifications for determining which animal is a first born.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bekhorot
מבכירות – female animals that did not give birth until now.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bekhorot
Rabban Shimon b. Gamaliel says: if one buys a nursing animal from a non-Jew, he need not fear that perhaps the offspring belongs to another [animal]. If one buys a nursing animal from a non-Jew, one can assume that it is nursing its own animal and therefore, one does not have to treat the next born animal as a first born.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bekhorot
אין חוששין שמא בנה של זו בא לו אצל זו – for we should be troubled for all of them of a doubtful firstling status, but certainly, those that are running after/clinging to those animals that have given birth for the first time were definite firstlings, but those running after/clinging to those animals that were not giving birth for the first time were definitely plain (i.e., not firstlings). And the Halakha is according to Rabban Shimon ben Gamaliel.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bekhorot
If he went among his herd and saw animals which had given birth for the first time nursing and animals which had not given birth for the first time nursing, we need not fear that perhaps the offspring of this one came to the other or perhaps the offspring of the other came to this one. Similarly, if one sees animals in his own herd nursing, he can assume that they are nursing their own offspring. For instance, if he sees an animal that he knows has already given birth nursing a female and an animal that has not given birth is nursing a male, he can be sure that the male is a first born. If the offspring of the one that has given birth is a male, he can be sure that it is not a first born.
