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Text Excerpt
ולדותיהן פטורין, ולדי ולדותיהן חייבין. העמיד ולדותיהן תחת אמותיהן — ולדי ולדות פטורין, וולדי וולדי וולדות חייבים. רבן שמעון בן גמליאל אומר: אפילו עד עשרה פטורים, שאחריותן לנכרי.
their direct offspring are exempt from the mitzva of the firstborn if they give birth to a male, but the offspring of their direct offspring are obligated in the mitzva of the firstborn if they gave birth to a male. If the Jew established their offspring in place of their mothers for collection in case the mothers die, the offspring of their direct offspring are exempt and the offspring of the offspring of their direct offspring are obligated. Rabban Shimon ben Gamliel says: Even until 10 generations, the offspring are exempt, as they all serve as a guarantee for the non-Jew, because if he does not receive the fixed payment for the animal, he will collect his debt from any offspring born to it or its offspring.
רחל שילדה מין עז, ועז שילדה מין רחל — פטורה מן הבכורה, ואם יש בו מקצת סימנין — חייב.
A ewe that gave birth to a goat of sorts and a goat that gave birth to a ewe of sorts are exempt from the mitzva of the firstborn. And if the offspring has some of the characteristics of its mother, it is obligated in the mitzva of firstborn.
Talmud: The Mishnah teaches that animals given to a Jew as a guaranteed investment by a non-Jew are not subject to their offspring being counted a firstborn because they belong to the non-Jew. The Talmud suggests: Is this to say that since the owner did not yet take the money that will be owed to him, the investment itself stands in the owner’s possession, i.e., the owner is still regarded as such?
ורמינהו: אין מקבלין צאן ברזל מישראל מפני שהוא רבית, אלמא ברשותא דמקבל קיימא!
And the Talmud raises a contradiction to this conclusion from a Mishnah (Bava Metzia 70b): One may not accept from a Jew sheep to raise or other items to care for as a guaranteed investment, in which the terms of the transaction dictate that the one accepting the item takes upon himself complete responsibility to repay its value in the event of depreciation or loss, but receives only part of the profit. This is because it is a loan, as the principal is fixed and always returned to the owner, and any additional sum the owner receives is interest. The Talmud remarks: Evidently, the investment stands in the possession of the recipient, as otherwise it would not be considered a loan.