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Masechet so far · Bekhorot 36 · בכורות ל״ו
The masechet so far, chapter by chapter
Masechet Bekhorot addresses the laws of firstborn donkeys, kosher livestock, and related priestly gifts. Through folio 36, the tractate details how firstborn sanctity takes effect, the prohibition against intentionally inflicting blemishes, and who is authorized to inspect blemishes for permissible consumption.
Chapter 1 – הלוקח עובר חמורו: Redemption of the Firstborn Donkey
This chapter establishes the obligation to redeem a firstborn male donkey with a sheep or a goat. Ownership or partnership with a gentile removes firstborn sanctity entirely. If an owner refuses to redeem the donkey, he must break its neck and bury it.
- A donkey fetus owned in partnership with a gentile is exempt from firstborn status and requires no redemption.
- A firstborn donkey is redeemed with a male or female lamb or kid, whether unblemished or blemished.
- If the owner chooses not to redeem the donkey, he breaks its neck from behind and buries it.
Chapter 2 – הלוקח עובר פרתו: Firstborn Status of Kosher Livestock
This chapter defines the firstborn sanctity that applies to kosher cattle, sheep, and goats. Animals held in financial partnership or as debt guarantees for a gentile are exempt from firstborn status. It also resolves uncertain cases, such as multiple births and caesarean deliveries.
- Livestock offspring pledged as a collection guarantee to a gentile are exempt from the firstborn obligation.
- When twin male lambs emerge together, Rabbi Tarfon awards the priest the fatter lamb and Rabbi Akiva the leaner.
- Neither an animal delivered via caesarean section nor the sibling emerging after it receives firstborn sanctity.
Chapter 3 – הלוקח בהמה: Doubtful Births and Wool Restrictions
This chapter determines whether an animal previously gave birth by identifying physical signs like uterine discharge. A nursing animal is legally presumed to be nursing her own offspring. The text also strictly prohibits shearing a firstborn animal, even to inspect a blemish or slaughter it.
- A murky discharge in small livestock or an afterbirth in cattle indicates a prior pregnancy, exempting future offspring.
- A buyer may presume a nursing animal gave birth previously because animals nurse only their biological offspring.
- One may clear wool from a firstborn's neck before slaughter only if the loosened hair stays in place.
Chapter 4 – עד כמה: Care Periods, Inspectors, and Suspect Vendors
Owners must raise a firstborn thirty days for small livestock and fifty days for cattle before transferring it to a priest. Firstborns must be eaten or sacrificed within their first year, with limited extensions granted for late blemishes. The chapter also regulates payments to judges and inspectors, disqualifying those suspected of religious infractions.
- Owners must care for a small firstborn animal for thirty days and a large animal for fifty days.
- A court-authorized expert judge who mistakenly permits an animal is entirely exempt from paying restitution for the loss.
- An animal inspector may receive a fixed fee for lost time, but taking payment to judge voids rulings.
Chapter 5 – כל פסולי המוקדשין: Blemished Animals and Causing Damage
Disqualified consecrated offerings are sold in public markets, but blemished firstborn animals must be sold and slaughtered privately. Intentionally causing a blemish on a firstborn is strictly forbidden, and meat from intentionally injured animals cannot be eaten. The chapter outlines who is believed to testify that an injury occurred unintentionally.
- Intentionally inflicting a blemish forbids slaughtering the animal unless a completely separate, natural blemish develops later.
- Beit Hillel permit non-priests and ritually impure individuals to partake of a blemished firstborn animal.
- Three laymen may authorize slaughtering an obviously blemished firstborn only if no expert Sage is available in town.