Bechoros 8:3-4
Bechoros 8:3
If a man’s wife had never given birth before and she gave birth to two sons (who got mixed up), their father gives five sela (a denomination of coin) to a kohein (i.e., he redeems whichever one is the firstborn). If one of the babies died within 30 days, the father is exempt (since the baby that died might have been the firstborn and the burden of proof is on the kohein to prove otherwise). If the father died and the sons survived, Rabbi Meir says that if they gave the kohein five sela before dividing their inheritance, then they gave it (because the father owed it); if they didn’t give before dividing the estate, then they are exempt. Rabbi Yehuda says that the estate is obligated to pay the five sela. If the woman gave birth to a boy and a girl (and they don’t know which was the firstborn), the kohein isn’t entitled to anything (because the burden of proof is on him to prove that the boy was born first).
Bechoros 8:4
If a man had two wives who had not given birth before and they gave birth to two sons, their father must give ten sela to a kohein. If one of the babies died within 30 days and he had already paid ten sela to one kohein, the kohein must refund five sela; if the father gave two kohanim five sela each (without specifying which son he was redeeming), he can’t recoup from either of them. If his wives gave birth to a boy and a girl, or two boys and a girl (and the babies got mixed up), he must give five sela to a kohein (because one of them is invariably a firstborn); if they gave birth to two girls and a boy, or to two boys and two girls, the kohein isn’t entitled to anything (because the burden of proof is on him to prove that a boy is a firstborn). If one wife had given birth before and the other hadn’t and they gave birth to two boys, their father must give five sela to a kohein. If one of the babies died within 30 days, he is exempt from paying (because the surviving baby might not be the firstborn). If the father died and the sons survived, Rabbi Meir says that if they gave the kohein five sela before dividing their inheritance, then they gave it, but if they didn’t, then they are exempt. Rabbi Yehuda says that the estate is obligated to pay the five sela. If the wives gave birth to a boy and a girl, the kohein isn’t entitled to anything.