Bechoros 46b

בכורות מ״ו ע״ב

Bekhorot 46b

Learn Bechoros 46b step by step: Aramaic beside English, every question, answer and proof colour-coded.

Open Bechoros 46b in Gemara Clarity

Topic

What counts as birth when only the head or forehead emerges: שמואל's rule for a נפל is refuted, and ריש לקיש and רבי יוחנן disagree about the forehead and the firstborn's inheritance.

Overview

The גמרא opens with שמואל: a נפל's head coming out does not count as its birth, because only a creature with 'breath of life in its nostrils' has a head that matters. The גמרא challenges him from our משנה, which uses the word 'ראשו' for a נפל. It first answers that the word means 'רובו' and was written only to match the next clause about a nine-month baby. That defense collapses, because the rule for a nine-month baby's head is already taught in חולין for animals and in נדה for humans. So the גמרא declares שמואל conclusively refuted. Next, ריש לקיש rules that a forehead coming out counts as birth everywhere except for the firstborn's inheritance, because the Torah says 'יכיר'. רבי יוחנן says it counts even for inheritance. The גמרא challenges רבי יוחנן with sources that require seeing the nose to recognize a face. It answers by reading 'up to the nose,' and by explaining that testimony letting a woman remarry has a special rabbinic strictness about identifying the body. The עמוד ends as the גמרא begins a second answer, which continues on the next עמוד.

Opening lines

The steps (24)

1. Statementשמואל: The head of a non-viable fetus does not exempt
2. QuestionAsking for שמואל's source
3. ResponseOnly a living creature's head counts
4. ChallengeChallenge from the משנה's word 'its head'
5. Resolution'Its head' really means 'most of it'
6. ChallengeThen why not say 'most of it'?
7. ResolutionThe first clause copies the wording of the second clause
8. ChallengeThe nine-month clause seems to teach nothing new
9. ResolutionMaybe one source is for animals and one is for humans
10. RejectionThe rule for humans is also already taught
11. Conclusionשמואל is conclusively refuted
12. StatementA forehead counts as birth except for inheritance
13. StatementA forehead counts even for inheritance
14. QuestionWhat does 'in all cases' include?
15. ResponseThe convert whose baby's forehead came out before she converted
16. ChallengeA ברייתא says recognition needs the face with the nose
17. ResolutionRead it as 'up to the nose'
18. ChallengeTestimony about a dead man requires the nose
19. ResolutionAgain, read it as 'up to the nose'
20. ChallengeA source that clearly requires the nose, with a פסוק
21. ResolutionTestimony for a woman is stricter
22. ChallengeWere the Rabbis really strict? They were lenient in this testimony
23. ResolutionLenient about reporting the death, but not about identifying the body
24. ResolutionOpening a second possible answer