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Masechet so far · Bekhorot 37 · בכורות ל״ז
The masechet so far, chapter by chapter
Masechet Bekhorot details the sanctification, redemption, and processing of firstborn animals (bekhorot) and animal tithes (ma'aser behemah). Having addressed the initial obligations, ambiguous births, and procedures for evaluating blemishes, the tractate now defines the precise physical defects that permit slaughtering a firstborn outside the Temple.
Chapter 1 – הלוקח עובר חמורו: Redemption of the Firstborn Donkey
This chapter addresses the obligation to redeem a firstborn male donkey (peter chamor) with a sheep or goat. Gentile partnership or partial ownership exempts the animal, and priests and Levites are also exempt from this redemption. If an owner refuses to redeem the firstborn donkey, he must break its neck from behind (arifah) and bury it.
- Gentile partnership or ownership in a donkey fetus completely removes its firstborn status.
- A firstborn donkey is redeemed with a sheep or goat of any age or gender.
- If the owner refuses redemption, he breaks the donkey's neck and buries the carcass.
Chapter 2 – הלוקח עובר פרתו: Firstborn Kosher Animals and Ambiguous Births
This chapter establishes the sanctity of firstborn kosher livestock and the exemptions created by gentile partnerships or guarantees. It contrasts animals with pre-existing blemishes that only possess monetary sanctity with animals consecrated before developing a blemish. It also resolves uncertain cases, such as simultaneous twin births or caesarean deliveries.
- Gentile financial guarantees or shared ownership exempt kosher livestock offspring from firstborn holiness.
- Rabbi Akiva awards the priest the leaner twin male lamb because the claimant bears the burden of proof.
- A caesarean-delivered animal lacks firstborn sanctity because it did not naturally open the mother's womb.
Chapter 3 – הלוקח בהמה: Signs of Prior Birth and Shearing
This chapter examines physical signs, such as murky uterine discharge or expelled afterbirth, that indicate a prior pregnancy and exempt future offspring. A nursing mother animal is presumed to have already given birth, freeing subsequent young from firstborn sanctity. Shearing a firstborn is forbidden, though clearing small amounts of wool to inspect blemishes or facilitate slaughter is permitted.
- Murky uterine discharge confirms a prior pregnancy, exempting future births from firstborn status.
- A nursing mother bought from a gentile is presumed to have already given birth.
- Plucking hair to reveal a blemish or make space for the slaughter knife is permitted.
Chapter 4 – עד כמה: Holding Periods, Expert Inspection, and Credibility
An owner must raise a small firstborn animal for thirty days and cattle for fifty days before delivery to a priest. A firstborn must be eaten within its first year, and permitting its slaughter requires an authorized expert's examination. The chapter also establishes judicial immunity for recognized expert judges and sets trade rules for people suspected of religious misconduct.
- Owners must care for firstborn sheep for thirty days and cattle for fifty days before delivery.
- Court-authorized expert judges are exempt from paying restitution if they issue an erroneous ruling.
- Inspectors may take fixed wages for lost time, but judges and witnesses cannot take fees for decisions.
Chapter 5 – כל פסולי המוקדשין: Commercial Restrictions, Disqualifications, and Blemish Rules
Disqualified Temple sacrifices are sold in public markets to benefit the Temple treasury, whereas blemished firstborns and tithes must be sold quietly at home. Inflicting an intentional blemish on a firstborn is strictly forbidden, and the animal remains prohibited unless a separate natural blemish occurs. Anyone who sells meat from an uninspected firstborn must refund all payments, and the remaining meat must be buried.
- Blemished firstborn meat is sold at home by estimate, not weighed openly in public butcher markets.
- Intentionally inflicting a blemish forbids slaughtering the firstborn until an unrelated, natural blemish develops.
- Three laymen may permit an obviously blemished firstborn only if no expert sage is locally available.
Chapter 6 – על אלו מומין: Physical Blemishes Permitting Slaughter Outside Temple
This chapter begins cataloging the specific physical defects that permit slaughtering a firstborn animal outside the Temple. To qualify, blemishes must be visible and permanent defects affecting cartilage rather than superficial skin tears. Ear blemishes include cartilage loss, a split ear, a puncture the size of a bitter vetch legume, or complete desiccation.
- A qualifying blemish must permanently damage cartilage and cannot be a mere superficial skin split.
- An ear blemish includes a hole large enough to pass a bitter vetch legume through.
- A desiccated ear is considered a blemish if it fails to bleed when pierced.