Taking Wages for Mitzvot, Judgment, and Inspection

The Gemara in Bekhorot establishes the boundaries of taking compensation for mitzvah duties, judging legal disputes, and inspecting sacred animals.

Wages for Inspecting Firstborn Animals

In principle, inspecting a בכור (firstborn animal) for blemishes to permit slaughter must be done without pay. However, the Mishnah notes that Ila of Yavne was permitted to receive a fixed wage,.

The Gemara explains that this allowance requires that the expert is paid whether the animal is unblemished or blemished,. If paid only upon finding a blemish, observers would suspect him of permitting an unblemished animal for profit. Furthermore, the Sages permitted him to collect compensation only once per animal.

The Rambam rules that an examiner may take wages only if he is a recognized expert and is paid regardless of the animal's status. He may only collect payment once per animal, inspecting it without further fees.

The Shulchan Arukh rules identically, requiring an established expert to receive equal payment whether the blemish permits slaughter or not. He may receive this fee only once per animal.

אַרְבַּע אִיסָּרוֹת לִבְהֵמָה דַּקָּה, וְשִׁשָּׁה לְגַסָּה, בֵּין תָּם וּבֵין בַּעַל מוּם

four issar for a small animal and six for a large animal, whether unblemished or blemished. (Bekhorot 29a:1)

Judging Disputes and Lost Wages

A judge may not accept payment from litigants for adjudicating a case. The Mishnah rules that judgments rendered by a judge who takes wages are void.

The Gemara derives this rule from Deuteronomy 4:5. Just as Moshe taught Torah without charging, judges must perform their judicial duties for free. Nevertheless, a judge detained from his regular occupation may receive שכר בטלה (compensation for lost labor),.

The Rambam rules that an adjudicator's decisions are nullified unless he takes demonstrable compensation for lost work. He must collect this equal amount from both litigants in each other's presence.

The Shulchan Arukh similarly rules that judgments are void unless the fee consists of clearly evident lost wages. He must collect the sum equally from both litigants.

מָה אֲנִי בְּחִנָּם — אַף אַתֶּם בְּחִנָּם

Just as I acted for free, so too you must act for free. (Bekhorot 29a:7)

Accepting Payment for Testifying

A witness who observed an event is obligated to testify in a bet din (court) without payment. The Mishnah teaches that if someone takes wages to testify, his testimony is void.

This prohibition stems from the same scriptural derivation that obligates judges to serve gratuitously. When witnesses charge a fee for their testimony, rabbinic law penalizes them by nullifying their words.

The Shulchan Arukh rules that testimony given for a wage becomes void automatically without requiring public proclamation. The Rema adds that because this voidance is merely a rabbinic penalty, returning the payment validates testimony. Furthermore, one who is not yet obligated may take wages to travel and observe an incident.

Teaching Torah and Red Heifer Rites

The Gemara extends the principle of gratuitous service to teaching Torah and performing red heifer purifications,. Taking wages to sanctify or sprinkle purification water invalidates the ashes and water. However, taking payment for drawing or transporting the water is permitted.

The Gemara further teaches that one may never charge to teach Torah. If one cannot find someone to teach him for free, he must pay to learn. Even so, he may not turn around and charge others.

The Rambam rules that one must never teach Oral Torah for pay, even if he paid for his own studies. He also rules that water sanctified or sprinkled for a wage is disqualified.

The Shulchan Arukh rules that a father must hire a teacher for Written Torah. He is not required to pay for Oral Torah if impoverished, but hiring an instructor remains a mitzvah when financially able.

כְּשֵׁם שֶׁלְּמַדְתִּיהָ בְּשָׂכָר כָּךְ אֲלַמְּדֶנָּה בְּשָׂכָר? תַּלְמוּד לוֹמַר: ״אֱמֶת קְנֵה וְאַל תִּמְכֹּר״

Just as I learned it for payment so shall I teach it for payment? The verse states: Buy truth and do not sell. (Bekhorot 29a:8)

Mitzvot, judgment, and testimony must be performed without compensation, permitting payment only for evident lost labor or pre-mitzvah physical effort.

Learn Bekhorot 29 on Super Daf