Bekhorot 36 – בכורות ל״ו | Daf Yomi with Rashi, Tosafot, the Rambam and halacha
What Bekhorot 36 teaches
- Hearsay testimony is accepted to permit a blemished firstborn wherever a woman's testimony is deemed legally valid.
- An owner is believed regarding animal tithe blemishes because he could have permissibly blemished his entire flock before tithing.
- Three laymen may permit an obviously blemished firstborn animal only when no qualified expert is available in that town.
The sugyot
- Abaye resolves Rav Pappa’s challenge by distinguishing between a preventive suspicion and establishing kohanim as definite transgressors across the Torah.
- The Gemara asks whether hearsay testimony can permit a blemished firstborn, concluding through Rav Ashi's reinterpretation that hearsay is valid wherever women may testify.
- A priest admitting an unestablished firstborn has an accidental blemish is believed, because his admission withstands generalized suspicion without witnesses.
- The Gemara records how a dispute between Rabban Gamliel and Rabbi Yehoshua over a scholarly priest's credibility led to a public confrontation.
- A kohen is believed when claiming that an expert inspected his firstborn animal and certified its blemish for slaughter.
- The Gemara establishes that a kohen is believed to claim an animal was received blemished, because people do not lie about discoverable matters.
- Rav Yehuda's requirement to have a kohen present when inspecting an Israelite's firstborn does not apply to an obvious congenital blemish.
- The Mishnah establishes that everyone is believed to testify that a blemish on an animal tithe occurred on its own.
- The Gemara establishes that an owner is believed on animal tithe blemishes because he could have permittedly blemished his entire flock before tithing.
- The Mishnah debates whether an obvious permanent blemish on a firstborn requires an expert or may be permitted by three ordinary laymen.
- The Gemara establishes that three laymen may permit a firstborn animal in the Diaspora only if its blemish is clear-cut and obvious.
- Three laymen may inspect an obviously blemished firstborn or dissolve a vow only when an expert or Sage is unavailable in that locale.
Halachot from the daf
- Priestly suspicion of causing blemishes as suspicion versus presumption
- Hearsay testimony regarding a natural blemish on a firstborn animal
- Hearsay testimony confirming the death of a husband to permit remarriage
- Credibility of a woman claiming she was married and divorced
- Claiming mah li leshaker in a place where witnesses exist
- Presumption of kohanim causing blemishes in a firstborn
- Standing when asking a halachic question in the study hall
- Credibility of a kohen claiming an expert permitted a blemished firstborn
- Credibility of a priest claiming he received a blemished firstborn animal
- Credibility of an untrusted agent instructed to purchase tithed produce
- Examining an Israelite's firstborn animal without a priest present
- Credibility regarding blemishes on an animal tithe offering
- Credibility to testify on blemishes of מעשר בהמה
- Authorizing slaughter of a בכור by non-experts
- Permitting slaughter of a firstborn animal via three laymen
- Permitting a blemished bekhor by three laymen when no expert is present
- Dissolving vows by three laymen when no expert sage is available
Gems from the Daf
- Iyun of the day: Permitting a Firstborn: Judicial Act or Verification
- Daf prep: Before you learn Bekhorot 36
- 3 to remember: Bekhorot 36: three things to remember
- The Passuk: Letting the Herd Count Itself
- Halachot: Blemish Testimony and Lay Inspection for Firstborn Animals
- The Rambam’s view: Credibility and Evidence in Permitting Blemished Firstborn Animals
- Tosafot: Tosafot on Bekhorot 36: Trust and Expertise
- Machloket: Can Hearsay Testimony Permit a Blemished Firstborn Animal?
- The inner dimension: The Silent Reverence of Rabbi Yehoshua
- Words to know: Bekhorot 36: words to know
- Masechet so far: The masechet so far, chapter by chapter
- Elsewhere in Shas: Bekhorot 36 elsewhere in Shas
Learn Bekhorot 36 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.