daf bit: Bechorot 23-24
Dec. 8th, 2011 08:53 amThe mishna teaches: R. Shimon ben Gamaliel says: if one buys an animal
(from a gentile) that is suckling young, he need not fear that the young
belongs to another animal. Why does this matter? Because when the
animal he bought later gives birth, he needs to know if that offspring is
a first-born male (which is subject to special laws). The g'mara on
24 has a long discussion of what is natural or unnatural in animal
behavior and concludes that an animal that has never given birth does
not suckle, so it must have given birth, and it's natural to assume that
the animal it's suckling is its own. (23b-24)
(I think this last part, that the young is the mother's own offspring, is important only if the Jew buys both the mother and the young. In that case he would be subject to a torah prohibition against slaughtering them both on the same day. But if he only buys the mother I don't think this matters.)
(no subject)
Date: 2011-12-08 02:22 pm (UTC)This leaves out the question: what if the animal is suckling a female calf/ewe? If the next animal born is male, must they assume it is the firstborn male? For all they know, that animal had another male offspring prior. From the tone here, I am guessing that you are supposed to assume it is first-born male lacking evidence to the contrary.
(no subject)
Date: 2011-12-09 01:08 am (UTC)(no subject)
Date: 2011-12-09 02:24 am (UTC)