Bekhorot 28 – בכורות כ״ח | Daf Yomi with Rashi, Tosafot, the Rambam and halacha
What Bekhorot 28 teaches
- If a firstborn develops a blemish right before year-end, the owner receives only enough days past the year to complete thirty.
- Post-slaughter inspections are valid for bodily blemishes according to Rabbi Yehuda, because only specific eye cataracts alter after death.
- Court-authorized expert judges like Rabbi Tarfon are entirely exempt from paying restitution for mistaken rulings that cause monetary loss.
The sugyot
- The Gemara debates the scriptural derivations for eating a firstborn over two days and granting a blemished firstborn to the priest.
- The Gemara clarifies whether thirty additional days apply to a blemished firstborn after its first year or only complete thirty days from injury.
- The Mishnah debates slaughtering an uninspected blemished firstborn, and mandates burial and damages when a non-expert erroneously authorizes slaughter.
- The Gemara defines the dispute over post-slaughter blemish inspection as bodily blemishes, concluding that only certain eye cataracts change after death.
- The Gemara shows that an anonymous mishna requiring a firstborn to be buried applies according to all opinions when the blemish changes post-mortem.
- The Gemara clarifies why an unauthorized person who erroneously permits a firstborn pays half for cattle but only a quarter for sheep.
- A judge whose erroneous ruling caused an irreversible loss must pay damages, but an authorized expert is exempt from personal liability.
- The Gemara explains that an erring judge pays only because he נשא ונתן ביד (physically acted), not because of דינא דגרמי.
- A cow whose womb was removed is kosher, and a court-authorized expert who mistakenly deemed it unkosher is exempt from monetary restitution.
- The Gemara clarifies that Rabbi Akiva exempted Rabbi Tarfon both because errors in explicit Mishnayot are void and because expert judges are immune.
- One may not slaughter a firstborn based on a paid inspector unless he is a peerless expert paid under strict safeguards against bias.
Halachot from the daf
- Giving a blemished firstborn kosher animal to a kohen
- Maintaining an unblemished and blemished firstborn in the present era
- Time limit when a blemish occurs late in the year
- Slaughtering a bekhor prior to showing its blemish to an expert
- Liability of a non-expert who authorized the slaughter of a bekhor
- Permissibility of a slaughtered firstborn examined for blemishes only post-mortem
- Accepting witness testimony on corneal eye blemishes examined post-mortem
- Eating a בכור slaughtered on the ruling of a non-expert
- Liability of a non-expert who erroneously permits a בכור
- Compensation by a non-expert who erroneously permits a firstborn animal
- Liability of a judge who errs in evaluation of legal opinions
- Liability of an erring judge who did not execute the verdict physically
- Liability of an expert judge whose erroneous ruling caused irreversible loss
- Legal effect of a judicial error in an explicit Mishnah
- Liability of an expert judge who errs in judicial deliberation
- Accepting payment for inspecting firstborn animals to determine blemishes
Gems from the Daf
- Iyun of the day: Judicial Liability via Dina DeGarmi or Physical Execution
- Daf prep: Before you learn Bekhorot 28
- 3 to remember: Bekhorot 28: three things to remember
- The Passuk: A Second Period of Being for the Priest
- Halachot: Blemished Firstlings and the Limits of Judicial Liability
- The Rambam’s view: Blemished Firstborns, Faulty Rulings, and Expert Inspection
- Tosafot: Priestly Gifts, Rabbinic Penalties, and Indirect Damage
- Machloket: The Blemished Firstborn: An Unprecedented Priestly Gift
- The inner dimension: The Three Levels of Halakhic Refutation
- Words to know: Bekhorot 28: words to know
- Masechet so far: The masechet so far, chapter by chapter
- Elsewhere in Shas: Bekhorot 28 elsewhere in Shas
Learn Bekhorot 28 sugya by sugya on Super Daf: the Gemara in Hebrew and English with Rashi, Tosafot, the Rishonim, the Rambam and the Shulchan Arukh woven in. Free.