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Halachot · Bekhorot 21 · בכורות כ״א
Exempting Discharges and Purchasing Livestock from a Fellow Jew
How unformed fetal discharges exempt an animal from firstborn consecration, and what presumption applies when buying livestock from an Israelite.
Murky Discharges and Fetal Formation
A kosher animal sanctifies its firstborn male offspring as a bekhor. If the mother previously expelled an unformed fetus, that discharge—termed tinuf—exempts any subsequent offspring from firstborn status. The Gemara defines this discharge as a dissolved fetus or blood bubbles, which must be examined by a knowledgeable shepherd.
The Sages did not establish the exact number of days required for an animal fetus to form. Nevertheless, the Gemara concludes that after expelling a tinuf, the female animal cannot conceive for thirty days. Maran rules that a small animal discharging such a dissolved fetus is exempt, provided an expert shepherd confirms it.
בְּהֵמָה דַּקָּה שֶׁהִפִּילָה עֻבָּר שֶׁעֲדַיִן לֹא נִתְבָּאֵר צוּרָתוֹ הַרְבֵּה וְנִכֶּרֶת לַכּל וְזֶהוּ הַנִּקְרָא טִנּוּף.A small animal that miscarries a fetus whose form has not become very distinct and evident to all is called a tinuf. (Mishneh Torah, Firstlings 4:10)
Livestock Purchased from an Israelite
When purchasing livestock from a gentile, an animal's maternal history remains in doubt. The Gemara asks what status applies when purchasing an animal from a fellow Jew without clarifying whether it previously gave birth. Rav considers the newborn a definite firstborn, Shmuel treats it as a safek, and Rabbi Yoḥanan rules it is certainly non-sacred chullin.
Rabbi Yoḥanan reasons that a Jewish seller would notify the buyer if the animal had never calved, preventing him from consuming sacred meat outside the Temple,. Both the Rambam and Maran rule that the animal is presumed to have already calved unless the seller states otherwise,. The Rema cites the view of the Rosh and Rabbeinu Yonah that it remains a doubtful firstborn.
Discharging a Blood Clot
The Mishnah teaches that if a large animal discharges a congealed mass of blood (ḥararat dam), the mother is exempt from future bekhorah. Rabbi Ḥiyya teaches that this congealed mass is pure and does not impart ritual impurity by contact or carrying. The Rambam rules that it remains completely pure unless a recognizable fetal shape is formed.
Because it does not impart impurity, the Gemara questions why the clot must be buried. The Tur and Maran explain that the blood clot must be buried for publicity, demonstrating to the community that the mother is already exempt from bekhorah,. This public knowledge protects future male offspring from being mistakenly treated as firstborns.
שפעה חררת דם פטורה מהבכורה והחררה תקבר לפרסמה שהיא פטורה מהבכורה:If it expelled a blood clot, it is exempt from bekhorah, and the clot is buried to publicize that it is exempt from bekhorah. (Shulchan Arukh, Yoreh De'ah 315:7)
An unformed fetal discharge verified by an expert shepherd exempts future offspring from bekhorah, while livestock bought from a fellow Jew is presumed to have already given birth.