Study Bava Batra folio 127A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
אמימר אמר: אף אינו ממעט חלק בכורה, שנאמר: ״וילדה לו בנים״ – עד שיהא בן בשעת לידה.
Ameimar says: A tumtum who was found to be male also does not reduce the additional portion of the firstborn. His portion is not taken into account in the calculation of the firstborn’s additional portion. For example: if there are 3 brothers: A firstborn, an ordinary brother, and a tumtum, the firstborn receives 1/3rd of the property as his additional portion, as he would if he and the ordinary brother were the only heirs, and the remaining 2/3rds are divided among all 3 brothers. This is because it is stated with regard to the portion of the firstborn: “And they have borne him sons” (Deuteronomy 21:15), which is interpreted to mean that the brother of a firstborn does not affect his additional portion unless he is recognized as a son at the moment of his birth.
רב שיזבי אמר: אף אינו נימול לשמנה, דאמר קרא: ״אשה כי תזריע וילדה זכר״, ״וביום השמיני ימול״ – עד שיהא זכר משעת לידה.
Rav Sheizevi says: A tumtum who was found to be male is also not circumcised on the 8th day, if his 8th day occurs on Shabbat, although the mitzva of circumcision on the 8th day generally overrides Shabbat prohibtions. As the verse states: “If a woman bears seed and gives birth to a male then she should be unclean 7 days; as in the days of the impurity of her sickness should she be unclean. And on the 8th day the flesh of his foreskin should be circumcised” (Leviticus 12:2–3), which is interpreted to mean that he is not circumcised on the 8th day, in the event that it occurs on Shabbat, unless he is recognized as a male from the moment of his birth.