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Masechet so far · Bekhorot 35 · בכורות ל״ה
The masechet so far, chapter by chapter
Masechet Bekhorot addresses the sanctification, redemption, and consumption of firstborn donkeys and kosher livestock, alongside rules for animal tithes. Up to daf 35, the tractate explores how to handle blemished firstborn animals, private sales, and the prohibition against intentionally mutilating offerings.
Chapter 1 – הלוקח עובר חמורו: Redeeming Firstborn Donkeys
This chapter details the obligation to redeem a firstborn donkey with a sheep or goat lamb. A donkey owned even partially by a gentile is completely exempt from firstborn sanctity. If an owner chooses not to redeem the donkey, he must break its neck from behind and bury it.
- A donkey owned even partially in partnership with a gentile is exempt from firstborn status.
- A firstborn donkey is redeemed by giving a sheep or goat lamb of any condition to a priest.
- If twins are born uncertainly, the owner designates a lamb but keeps it because the priest lacks proof.
- If an owner refuses to redeem a firstborn donkey, he must break its neck from behind and bury it.
Chapter 2 – הלוקח עובר פרתו: Sanctity of Firstborn Kosher Livestock
Firstborn kosher livestock possess bodily sanctity from birth and are given to a priest to sacrifice or consume. Gentile partnership or investment guarantees release an animal from firstborn obligations. Animals born by caesarean section or animals with permanent blemishes preceding consecration carry distinct legal exemptions.
- Gentile partnership in a kosher animal or its fetus entirely exempts the newborn from firstborn sanctity.
- Animals blemished before consecration have monetary sanctity, allowing their redeemed offspring and milk to be used.
- When twin male lambs emerge simultaneously, Rabbi Akiva awards the priest the leaner lamb due to doubt.
- Neither a caesarean-born offspring nor a sibling born normally after it attains firstborn sanctity.
Chapter 3 – הלוקח בהמה: Identifying Prior Births and Wool Restrictions
Physical indicators such as uterine discharge or an expelled mass establish that a mother animal gave birth previously. A nursing mother animal bought from a gentile is presumed to have delivered already. Shearing a firstborn animal is forbidden, though minimal plucking is permitted to inspect blemishes or clear slaughtering areas.
- A murky uterine discharge or expelled congealed mass confirms a prior pregnancy, exempting future births from firstborn sanctity.
- A nursing animal bought from a gentile is presumed to have calved, exempting her subsequent offspring.
- One may clear neck wool with a cleaver for slaughtering, provided the plucked hair remains intermingled in place.
- Wool naturally shed from a blemished firstborn remains forbidden for use unless it remained within the attached fleece.
Chapter 4 – עד כמה: Raising Periods, Inspection, and Credibility
An owner must maintain a small firstborn animal for thirty days and cattle for fifty days before delivery. Animals must be eaten within twelve months of birth, and only authorized expert judges may inspect blemishes. Taking unauthorized wages to judge or inspect disqualifies an expert, and suspects in specific prohibitions lose credibility.
- Owners must tend a small firstborn animal for thirty days and cattle for fifty days before delivery.
- A firstborn must be sacrificed or eaten within twelve months of birth, or within thirty days if late-blemished.
- Court-authorized expert judges are exempt from paying restitution if they mistakenly permit or forbid an animal.
- Judges or witnesses who accept wages forfeit their rulings, and suspects in specific laws cannot testify about them.
Chapter 5 – כל פסולי המוקדשין: Blemished Animals and Prohibited Blemishing
Disqualified consecrated animals are sold publicly for the Temple treasury, whereas blemished firstborns must be sold privately at home. Non-priests and gentiles may eat a blemished firstborn according to Beit Hillel. Causing a blemish intentionally is forbidden, though accidental wounds or injuries caused in self-defense permit slaughter.
- Blemished firstborns are sold privately at home by estimate, rather than weighed publicly in a meat market.
- Beit Hillel permits non-priests and gentiles to eat the meat of a properly slaughtered, blemished firstborn.
- A firstborn blemished intentionally cannot be slaughtered until a second, distinct, natural blemish occurs.
- A blemish caused unintentionally or while defending oneself from an attacking firstborn permits slaughter.