1)

DOUBTFUL OBLIGATIONS TO REDEEM

(a)

(Mishnah): If Reuven's wife gave birth for the first time and had two boys (we do not know which was born first), he must give five Shekalim to a Kohen;

(b)

If one of them died within 30 days, he is exempt.

(c)

If the father died and the children are alive --

1.

R. Meir says, if they paid (from the estate) before dividing it, they paid (the Kohen need not return the money);

2.

If they divided the estate before paying it, they are exempt.

3.

R. Yehudah says, there is a lien on the estate (they must pay).

(d)

If she gave birth to a boy and girl, the Kohen does not receive anything. (Perhaps the girl was born first).

(e)

Version #1 (Gemara) Question: When did the father die?

1.

Suggestion: He died after 30 days.

2.

Rejection: If so, (then the father was obligated to pay, and) R. Meir would not exempt if they divided before paying. He would agree that there is a lien on the estate!

(f)

Answer #1: He died within 30 days.

(g)

Question: Surely, after dividing they are exempt because each can say "I am exempt (I am not the Bechor)";

1.

Also before dividing they can say this (for the father was never obligated)!

(h)

Answer (R. Yirmeyah): (Normally, if two people in a city are both named Yosef ben Shimon, a creditor cannot force either of them to pay a document unless he can prove which of them borrowed.) Our Mishnah teaches that if the two Yosefs bought a field together, a creditor can collect from (up to half of) it;

1.

He tells each "if you owe me, I collect your debt. If not, your partner owes me. I take his share."

(i)

Objection (Rava): One's property is like an Arev (guarantor) for his debts;

1.

If one has no claim against the borrower, he cannot collect from the Arev!

2.

(Mishnah): If Reuven lent to Levi and Yehudah was an Arev, Reuven may not collect from Yehudah.

3.

The Halachah is, he may not collect from Yehudah before claiming from Levi.

(j)

Answer #2 (to Question (e) - Rava): Really, he died after 30 days;

1.

If the estate was at least 10 Shekalim, all agree that they must pay. The case is, the estate has only five Shekalim;

2.

Both Tana'im hold like Rav Asi, who considers brothers (who divide an estate) to be half-heirs and half-buyers (he is unsure whether they are like heirs or like buyers).

3.

All agree that an obligation (Tosfos - that exists only because it is) written in the Torah is considered like a Milveh Al Peh (without a document);

48b----------------------------------------48b

4.

Both hold like Rav Papa, who says that a Milveh Al Peh is collected from heirs, but not from buyers;

5.

They argue about whether partial Pidyon must be done when there is not five Shekalim for a full Pidyon (only the inherited half of the money is Meshu'abad to pay for it);

i.

R. Meir expounds "Chamesh", but not half of Chamesh;

ii.

R. Yehudah holds that Chamesh, or even half of Chamesh, is given.

(k)

Question #1: If so, why does R. Yehudah say "there is a lien on the estate"? He should say "the father was obligated!"

(l)

Question #2 (Beraisa - R. Yehudah): If brothers (it is not known which is the Bechor) divided an inheritance, if there are 10 Zuz (i.e., two and a half Shekalim) for each of them, they are obligated to give five Shekalim;

1.

If there are less than 10 Zuz for each, they are exempt.

2.

Question: What is the meaning of "if there are 10 Zuz for each"?

i.

Suggestion: It means that each brother received 10 Zuz, including the part considered inheritance and the part considered a sale. R. Yehudah holds that Chamesh or even half of Chamesh is given.

ii.

Rejection: If so, even if there are less than 10 Zuz, they should be obligated!

3.

Answer: Rather, each brother received 10 Zuz inheritance. All hold that the full Chamesh must be given;

i.

They argue about Rav Asi's law or Rav Papa's law.

2)

DOUBTFUL OBLIGATIONS TO REDEEM (cont.)

(a)

Version #2 (Seifa - R. Yehudah): There is a lien on the estate.

(b)

Question: When did the father die?

1.

Suggestion: He died after 30 days.

2.

Rejection: If so, R. Meir would not exempt if they divided. He would agree that the estate is Meshu'abad!

(c)

Answer #1: He died within 30 days.

(d)

Question: If they divided, why does R. Yehudah obligate? Each can say "I am exempt"!

(e)

Answer (R. Yirmeyah): From our Mishnah we infer the following Halachah:

1.

If one Yosef ben Shimon bought a field from the other, a creditor can collect (his entire debt) from it;

2.

He tells him "if you owe me, I collect your debt. If not, the land was Meshu'abad to me before you bought it." (Here also, the Kohen tells each son 'if you do not owe me, you received land from someone who owes me.')

(f)

Objection (Rava): One's property is like an Arev for his debts. If one has no claim against the borrower, he cannot collect from the Arev!

(g)

This version continues like Version #1 above (from 1:i).

3)

BABIES MIXED UP FROM BIRTH

(a)

(In all of the following cases, the babies became mixed up at birth, and we never knew which was born to which mother.)

(b)

(Mishnah): If each of Reuven's two wives gave birth for the first time, to a boy, Reuven must give 10 Shekalim to Kohanim;

(c)

If one of the babies died within 30 days --

1.

If he (already) gave 10 Shekalim to one Kohen, the Kohen must return five;

2.

If he gave five Shekalim to one Kohen and five to another (and did not specify which is for which son), each keeps the money.

(d)

If his two wives gave birth to a boy and a girl, or to two boys and a girl, he must give five Shekalim to a Kohen (at least one boy is a Bechor);

(e)

If they gave birth to a boy and two girls, or to two boys and two girls, the Kohen does not receive anything. (Perhaps the boy (or each boy) followed a girl.)

(f)

If one (but not both) of his wives had given birth previously:

1.

If both gave birth to boys, he must give five Shekalim;

i.

If one of the babies died within 30 days, he is exempt.

2.

If Reuven died within 30 days and the sons grew up --

i.

R. Meir says, if they paid (from the estate) before dividing it, they paid. (The Kohen keeps the money);

ii.

If they divided the estate before paying it, they are exempt.

iii.

R. Yehudah says, there is a lien on the estate (they must pay).

3.

If they gave birth to a boy and a girl, the Kohen does not receive anything.

(g)

If Reuven's wife and Shimon's wife both gave birth for the first time, to a boy, each gives five Shekalim to a Kohen;

(h)

If one of the babies died within 30 days --

1.

If they gave to the same Kohen, he must return five Shekalim;

2.

If they gave to different Kohanim, they keep the money.

(i)

If they gave birth to a boy and a girl, Reuven and Shimon are exempt. The boy must redeem himself (when he grows up).

(j)

If they gave birth to a boy and two girls, or to two boys and two girls, the Kohen does not receive anything.

(k)

If Reuven's wife had given birth before but not Shimon's, and each gave birth to a boy, Shimon gives five Shekalim to a Kohen;

(l)

If they gave birth to a boy and a girl, the Kohen does not receive anything.

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