Comentário sobre Bechorot 1:3
חֲמוֹר שֶׁלֹּא בִכְּרָה, וְיָלְדָה שְׁנֵי זְכָרִים, נוֹתֵן טָלֶה אֶחָד לַכֹּהֵן. זָכָר וּנְקֵבָה, מַפְרִישׁ טָלֶה אֶחָד לְעַצְמוֹ. שְׁתֵּי חֲמוֹרִים שֶׁלֹּא בִכְּרוּ, וְיָלְדוּ שְׁנֵי זְכָרִים, נוֹתֵן שְׁנֵי טְלָיִים לַכֹּהֵן. זָכָר וּנְקֵבָה, אוֹ שְׁנֵי זְכָרִים וּנְקֵבָה, נוֹתֵן טָלֶה אֶחָד לַכֹּהֵן. שְׁתֵּי נְקֵבוֹת וְזָכָר אוֹ שְׁנֵי זְכָרִים וּשְׁתֵּי נְקֵבוֹת, אֵין כָּאן לַכֹּהֵן כְּלוּם:
Se um burro que não havia dado à luz agora dá à luz dois burros machos, é preciso dar um cordeiro a um padre. Se dá à luz um macho e uma fêmea, separa um cordeiro para si. Se dois burros que ambos não deram à luz agora dão à luz dois machos, é preciso dar dois cordeiros a um padre. [Se eles derem à luz] um macho e uma fêmea, ou dois machos e uma fêmea, deve-se dar um cordeiro a um sacerdote. [Se eles derem à luz] duas fêmeas e um macho, ou dois machos e duas fêmeas, o sacerdote não ganha nada.
Bartenura on Mishnah Bekhorot
נותן טלה אחד לכהן – in redemption. For whichever way you look at it, one of them is a firstborn.
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English Explanation of Mishnah Bekhorot
Introduction
This mishnah introduces the complication of a donkey that gives birth to twins and it is unknown which came out first the male donkey, in which case the owner would be liable to redeem the donkey, or a female donkey, in which case the owner would not be liable. In addition the mishnah presents scenarios where several donkeys give birth and it is unknown whether the donkey the first-borns were male or female.
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Bartenura on Mishnah Bekhorot
זכר ונקבה - and it is not known if the male came out first and he is the firstborn, or the female came out first, and there isn’t here the law of the firstborn.
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English Explanation of Mishnah Bekhorot
If a donkey that had never before given birth gave birth to two males, he gives one lamb to the priest. In this case, while we don’t know which donkey was born first, it is certain that a male was born first. Therefore, he must give one lamb to the priest to redeem the donkey.
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Bartenura on Mishnah Bekhorot
מפריש טלה – because of doubt, and he releases from him the holiness of the redemption of the donkey.
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English Explanation of Mishnah Bekhorot
[If it gave birth to] a male and a female, he sets aside one lamb [which he keeps] for himself. Here he doesn’t know whether the first born was the male, in which case he must redeem it by giving a lamb to the priest, or if it was the female, in which case he is exempt. He must set aside a lamb to redeem the donkey, but he need not give the lamb to the priest. This is because the priest cannot prove that the owner was liable, and there is a rule in monetary matters the burden of proof is upon the claimant. So the lamb stays with its owner.
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Bartenura on Mishnah Bekhorot
והוא לעצמו- that he himself will consume the lamb and he will not give it to the Kohen, for the Kohen is like someone who removes something from his fellow, and the proof is upon him to bring witnesses that the male came out first. But there is no prohibition, for even the firstling of a complete donkey that was redeemed with a young sheep, furthermore there is no sanctity neither with him or that which he redeems it with. But rather where there is theft, if he does not give a lamb to the Kohen, that is his (i.e., the Kohen’s) money, but here there is no theft for there is a doubt.
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English Explanation of Mishnah Bekhorot
If two donkeys that had never before given birth gave birth to two males, he gives two lambs to the priest. In this case, even if we don’t know which donkey gave birth to which male offspring, we know that each one had a male. He must give two lambs to the priest.
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Bartenura on Mishnah Bekhorot
שתי חמורות וילדו כו' – a male and female, he gives one lamb to a Kohen because of the male [firstborn]. Or, two males and one female, that one gave birth to a male and one gave birth to a male and female, or alternatively, one gave birth to two males and one gave birth to a female, we give one lamb to the Kohen for certainly there is one male that is definitely a firstborn, but regarding the other where there is a doubt lest the female was born first, we set aside a lamb and it is for himself.
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English Explanation of Mishnah Bekhorot
[If they gave birth to] a male and a female or two males and a female, he gives one lamb to the priest. If the two donkeys gave birth to one male and one female or two males and one female (one had twins) then we can be sure that at least one male was a first-born. The other male might be a first-born, or it might not. The mishnah teaches that since this other male is only doubtfully a first-born he can use one lamb to redeem both the certain first-born and the doubtful first-born. The lamb must be given to a priest.
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Bartenura on Mishnah Bekhorot
שני זכרים ושני נקבות – they are of doubt, for perhaps each one of them gave birth to a male and a female, and perhaps the females came out first, therefore, the Kohen does not have anything here, but he designates for them two lambs to release them from their sin and they are for themselves (i.e., the owners), such My teachers explained. But Maimonides holds that there is nothing for the Kohen her and even a lamb for himself he does not have to separate/dedicate, because there is in each one [of these donkeys] a great down when they gave birth to two females and one male, for perhaps one of the two of them gave birth to two females and the other gave birth to a male. Or perhaps, this one gave birth to a female, and the other [gave birth to] a male and afterwards a female, or a female and afterwards a male. mal And similarly there are many doubts with [offspring of] two males and two females, therefore even one lamb for himself he does not designate/separate, and the explanation of my Rabbis is the essential principle.
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English Explanation of Mishnah Bekhorot
[If they gave birth to] two females and a male or to two males and two females the priest receives nothing. If there were two females, then there is a possibility that the first born of each donkey was a female, no matter how many males were also born. Thus he need not give any lambs to the priest. However, the Tosefta notes that he must set aside one lamb and redeem the males that were born and might have been first-borns. He keeps this lamb for himself, as he did in section two.
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