Redeeming Firstborn Sons from an Inherited Estate

When twin boys are born and their father dies, the Rambam rules that redemption money is collected directly from the estate.

The Case of the Undifferentiated Twins

The Mishnah presents a case where a woman who never gave birth bears twin boys. One son is certainly the firstborn, but the court does not know which infant emerged first. The father is commanded to give five silver selaim (סלעים) to a kohen.

If one twin dies within thirty days of birth, the father is completely exempt. Because ownership cannot be extracted without evidence, the burden of proof rests upon the kohen. The father may claim that the deceased infant was the firstborn.

מִי שֶׁלֹּא בִּכְּרָה אִשְׁתּוֹ וְיָלְדָה שְׁנֵי זְכָרִים — נוֹתֵן חָמֵשׁ סְלָעִים לְכֹהֵן. מֵת אֶחָד מֵהֶן בְּתוֹךְ שְׁלֹשִׁים יוֹם — הָאָב פָּטוּר.

With regard to one whose wife had not previously given birth and then gave birth to two males, he gives five sela coins to the priest. If one of them dies within thirty days, the father is exempt. (Bekhorot 48a:1)

Divided Heirs and Conflicting Claims

A dispute arises when the father dies while both twin boys survive. Rabbi Meir rules that if the brothers paid before dividing the inheritance, the payment stands; if they already divided, they are exempt. Rabbi Yehuda maintains that the property became obligated at the outset, so the kohen collects regardless.

The Gemara asks when the father died. If he died after thirty days, the lien already attached to the assets. If he died within thirty days, each brother can deflect the kohen by arguing that the other twin is the firstborn. Rava ultimately establishes that the debate concerns whether an obligation written in the Torah collects from divided property.

מֵת הָאָב וְהַבָּנִים קַיָּימִים, רַבִּי מֵאִיר אוֹמֵר: אִם נָתְנוּ עַד שֶׁלֹּא חָלְקוּ — נָתָנוּ, וְאִם לָאו — פְּטוּרִין. רַבִּי יְהוּדָה אוֹמֵר: נִתְחַיְּיבוּ נְכָסִים.

In a case where the father died and the sons are alive, Rabbi Meir says: If they gave the five sela coins before they divided, they gave; but if not, they are exempt. Rabbi Yehuda says: The property became obligated. (Bekhorot 48a:2)

The Rambam Rules for the Estate

The Rambam adopts the stance of Rabbi Yehuda in full. If the father died, five selaim are expropriated from his estate for the kohen.

Remarkably, the Rambam applies this rule uniformly. The estate pays whether the father died within thirty days or after thirty days. It pays whether the heirs divided the estate or kept it intact, because an established property lien binds the father's assets.

מֵת הָאָב בֵּין בְּתוֹךְ שְׁלֹשִׁים יוֹם בֵּין אַחַר שְׁלֹשִׁים יוֹם. בֵּין שֶׁלֹּא חָלְקוּ הָאַחִים בֵּין שֶׁחָלְקוּ. יִנָּתֵן מִן הַנְּכָסִים חֲמִשָּׁה סְלָעִים לַכֹּהֵן שֶׁכְּבָר נִתְחַיְּבוּ הַנְּכָסִים:

If the father died—whether within thirty days or after thirty days, whether the brothers divided or did not divide—five selaim are given from the estate to the priest, because an obligation was already established upon the estate. (Mishneh Torah, First Fruits and other Gifts to Priests Outside the Sanctuary 11:20)

Resolving the Contradiction in the Sources

The Kessef Mishneh addresses a serious difficulty raised by the Tur. The Gemara seemed to imply that if the father died within thirty days, Rabbi Yehuda would exempt the brothers, since each can push the kohen away.

The Kessef Mishneh reveals that the Rambam originally held like the Tur in his Commentary on the Mishnah. However, the Rambam retracted his position in the Mishneh Torah. He concluded that when day thirty arrives, the statutory obligation attaches directly to the father's estate, preventing the sons from offering personal deflections.

משמע דלר' יהודה דאמר נתחייבו הנכסים ניחא ליה דלא מצי כל חד לדחוייה משום דאע"ג דמית תוך שלשים יום כשהגיע יום ל' חל החיוב על הנכסים

This implies that according to Rabbi Yehuda, who says the property became encumbered, neither one can push him away, because even though he died within thirty days, once the thirtieth day arrived, the obligation took effect upon the property. (Kessef Mishneh on Mishneh Torah, First Fruits and other Gifts to Priests Outside the Sanctuary 11:20:3)

Personal Exemption versus Estate Liability

Kiryat Sefer notes that this encumbrance operates only because the father left inherited real property. If the sons inherited nothing from their father, each individual twin remains in a state of doubt (ספק) and is completely exempt from payment.

This fits the principle cited on our daf that assets act as a guarantor for a person. Under standard monetary law, a creditor cannot collect from a guarantor first while the borrower holds assets. Yet here, since the father is deceased, the debt of the redemption falls squarely upon his landed inheritance.

Practical Halakhic Conclusions

In practice, when twin boys are born to a first-time mother, the father must pay five selaim once thirty days elapse. If one infant dies before day thirty, no payment is made.

If the father passes away before paying, bet din extracts five selaim from the estate. The kohen collects this sum even if the brothers have divided the assets, ensuring that the biblical redemption is fulfilled through the father's property.

When twin sons survive their deceased father, the kohen collects five selaim directly from the inherited estate, even if the father died before thirty days or the sons already divided the property.

Learn Bekhorot 48 on Super Daf