Bechoros, Chapter 2, Mishnah 1. In this chapter, we introduce a new topic: the firstborn of a kosher animal - the firstborn male of kosher animals, specifically of cows, goats, and sheep. This topic will accompany us not only in the second chapter, but throughout the chapters up to the sixth chapter, and much material will be discussed in it. This is in contrast to the redemption of a firstborn donkey, the firstborn of a non-kosher animal, which was discussed in the first chapter, and in contrast to the redemption of the firstborn son, which will be discussed in the eighth chapter.
The general framework of the laws:
As mentioned in the introduction, the firstborn male of a cow, goat, or sheep must primarily be offered as a sacrifice and eaten by the kohen and his family as sacrifices of lesser holiness. If it cannot be offered because it has developed a blemish, it is eaten even without being sacrificed. The details of these laws will be reviewed in the many Mishnayos before us.
This Mishnah is essentially parallel to the first Mishnah in the first chapter, which was stated regarding a firstborn donkey. The main point is that the verse explicitly specifies the firstborn of a Jew: "Sanctify to Me every firstborn in Israel." Therefore, when a gentile has a significant partnership and an actual share - whether in the mother or in the offspring - the offspring is exempt from the law of a firstborn, and it is a regular non-sacred animal.
The text of the Mishnah:
"Haloke'ach ubar parato shel nochri" - One who purchases from a gentile the rights to the unborn offspring of a cow, goat, or sheep. Since the mother is owned by a gentile, the offspring is exempt and is not a firstborn.
"Vehamocher lo" - And vice versa: one who sells the fetus to a gentile; when the offspring is born, it will not be a firstborn.
"Af al pi she'eino rashai" - Incidentally, the Mishnah notes that a person is not permitted to sell his large livestock to a gentile, and in our case, this refers to cows.
The reason, as explained in the first Mishnah of the first chapter: The Sages were concerned that people would rent their animals to gentiles for labor, as a Jew's animal is entitled to rest on Shabbos. Therefore, the Sages established that no working animal - a cow, horse, donkey, or camel - may be sold to a gentile, lest he use it in a way that violates the laws of Shabbos.
"Vehamishtatef lo" - One who forms a partnership with a gentile in the animal itself.
"Umekabel mimenu" - A type of breeding arrangement: he received the gentile's animal to raise offspring, and the profits of the offspring are divided between them.
"Vehanoten bekabalah" - And the same applies when the Jew gave his animal to a gentile to raise it, and they share the profits.
"Patur min habechorah, shene'emar beYisrael" - In all these cases, the firstborn offspring is exempt from the laws of a firstborn, because the verse states "in Israel" - the animal must belong exclusively to a Jew.
The measure of partnership that exempts:
"Aval lo bechor" - Meaning that there is no other person, who is not a Jew, who has a share in this animal. Practically speaking, whenever the gentile's share is so insignificant that even if that organ were removed from the animal it would not be disqualified as a sacrifice, it is not sufficient to exempt it from the laws of a firstborn:
One eyelash: The gentile said that he wishes to be the owner of one eyelash of the cow - even if the eyelash is removed, the cow is still valid for a sacrifice. Therefore, this does not affect the cow's ability to be sanctified with the holiness of a firstborn.
A leg or a heart: If he said that he is the owner of a leg or of a heart - the removal of the leg renders it blemished, and the removal of the heart renders it a tereifah. In such a case, the animal is not valid, and therefore the gentile's share is significant and exempts the offspring from the laws of a firstborn.
Kohanim and Leviim are obligated:
Here the Mishnah introduces an additional point: "Kohanim veLeviim chayavim" - Kohanim and Leviim are obligated. In contrast to a firstborn donkey and the redemption of the firstborn son, where there are verses that exempt the members of the tribe of Levi and the kohanim from these mitzvos, this is not the case for the firstborn of a kosher animal. The firstborn of cows, goats, or sheep are subject to the holiness of a firstborn even when they are owned by a Levi or a kohen.
"Lo niftaru mibechor behemah tehorah, velo niftaru ela mipidyon haben upeter chamor" - The Levi and the kohen are not exempt from an animal firstborn, but only from the redemption of the firstborn son and a firstborn donkey.
In practice: A Levi whose cow gave birth to a male calf for the first time must give it to a kohen. A kohen to whom this occurs may keep it for himself, but must still bring it as an offering. Either way, the offering is brought by the kohen and eaten in purity as a bechor, according to its laws, there in Jerusalem.
In summary: In this Mishnah we learned the basic laws of a firstborn kosher animal: A non-Jew's partnership in the animal or the fetus - through purchase, sale, partnership, or a raising arrangement - exempts the offspring from the law of the firstborn, as it is stated, "in Israel"; provided that the non-Jew's share is a body part whose removal would invalidate the animal from being brought as an offering. We also learned that kohanim and leviim are obligated in the law of a firstborn kosher animal, and are only exempted from the redemption of a firstborn son and a firstborn donkey.