Discretionary Payments for Priestly Gifts in the Rambam

How the Rambam applies the benefit of discretion across all priestly gifts, including the firstborn, and how commentators resolve his reading of Bekhorot 27.

The Case: Discretionary Rights and Wages

The Talmud in Bekhorot discusses the transfer of sacred gifts to kohanim. One may never compensate a kohen with tithes or priestly gifts as wages for work. However, an owner retains the benefit of discretion (טובת הנאה - tovat hana'ah) when choosing which kohen receives his gifts.

Under this principle, an Israelite may accept financial benefit from another Israelite to favor a specific kohen. The baraita explicitly permits an Israelite to accept a sela coin from a friend to give his terumah to that friend's grandson who is a kohen. Yet if a kohen pays for this privilege, it is strictly forbidden.

יִשְׂרָאֵל שֶׁהִפְרִישׁ תְּרוּמָה מִכִּרְיוֹ, וּמְצָאוֹ יִשְׂרָאֵל אַחֵר, וְאָמַר לוֹ: ״הֵא לְךָ סֶלַע זֶה, וּתְנֵהוּ לְבֶן בִּתִּי כֹּהֵן״ — מוּתָּר.

With regard to an Israelite who separated terumah from his pile of grain, and another Israelite found him and said to him: Take this sela coin for yourself and give the terumah and tithes to my daughter’s son who is a priest, it is permitted. (Bekhorot 27a:2)

The Rambam Extends Discretion to Bekhor

In Hilkhot Terumot, the Rambam codifies this permission, but includes an important addition. He rules that an Israelite may accept payment to direct not only terumah, but also a firstborn animal (בכור - bekhor) or other priestly meat gifts (מתנות כהונה - matnot kehunah) to a specific kohen. Kessef Mishneh notes that the source for this ruling is Bekhorot 27a.

The Rambam likewise rules in Hilkhot Bekhorot that an owner may give the בכור to any kohen he wishes. Commentators explain that the Gemara's concluding phrase, which awards discretion to the owner, applies to all categories of priestly gifts.

ורשאי ישראל לומר לישראל אחר הילך סלע זו ותן תרומה או בכור כו'.

And an Israelite is permitted to say to another Israelite: Take this sela and give terumah or a firstborn, etc. (Tziunei Maharan on Mishneh Torah, Heave Offerings 12:20:1)

The Challenge from the Gemara's Distinction

Commentators raise a serious objection against the Rambam's ruling. The Gemara asks why the baraita mentioned only terumah rather than general priestly gifts. The Gemara answers that terumah has inherent sanctity (קדושת הגוף - kedushat haguf), whereas animal gifts possess only monetary sanctity (קדושת דמים - kedushat damim).

Because meat gifts can be sold, the Gemara warns that people might mistakenly treat them as ordinary non-sacred food if money is exchanged. Authorities such as the Tur and the Minchat Chinukh argue that this passage explicitly excludes animal gifts from discretionary transactions,.

תְּרוּמָה, דִּקְדוּשַּׁת הַגּוּף הִיא, דְּכֵיוָן דְּלָא מִתַּחֲלָא — לָא אָתֵי לְמִיטְעֵי בַּהּ.

In the case of terumah, which has inherent sanctity, and which therefore cannot be redeemed, the priest will not come to err with it. (Bekhorot 27a:3)

Commentators Defend the Rambam's Textual Reading

The Tziunei Maharan resolves this difficulty by citing Rabbeinu Gershom Meor HaGolah. Under this reading, the Gemara's restriction regarding monetary sanctity applies only to the baraita's opening clause concerning wages and desecration.

However, regarding the owner's benefit of discretion, the Gemara made no distinction between terumah and animal gifts. Thus, the Rambam concluded that discretionary payments remain permitted for all gifts. Parallel rulings in the Jerusalem Talmud and the Tosefta in Demai explicitly confirm this inclusion of the בכור.

Practical Implications of Discretionary Value

In practical halacha, an Israelite who possesses untithed produce, animal gifts, or a בכור may accept payment from another Israelite to deliver that gift to a relative who is a kohen,.

Nevertheless, strict boundaries govern this practice. A kohen may never pay an Israelite to secure gifts for himself or another kohen, and this arrangement functions only because the owner retains the exclusive right of personal discretion,.

The Rambam rules that an owner retains the benefit of discretion for all priestly gifts, permitting Israelites to accept payment to direct even a firstborn to a chosen kohen.

Learn Bekhorot 27 on Super Daf