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Masechet so far · Bekhorot 38 · בכורות ל״ח
The masechet so far, chapter by chapter
Masechet Bekhorot details the laws of firstborn animals, including the redemption of donkeys, the consecration of kosher livestock, and animal tithes. Up to daf 38, the tractate has transitioned from ownership exemptions and holding periods to classifying the permanent physical blemishes that permit slaughtering a firstborn.
Chapter 1 – הלוקח עובר חמורו: Redemption of the Firstborn Donkey
This chapter details the obligation to redeem the firstborn male offspring of a donkey with a lamb. It explains exemptions based on gentile partnership, priestly lineage, and species mismatches between mother and offspring. It also outlines the procedures when uncertain births occur and what happens if an owner refuses to redeem the animal.
- A donkey owned even in partial partnership with a gentile is exempt from firstborn status.
- A firstborn donkey is redeemed with a sheep or goat lamb, regardless of age, sex, or blemish.
- If an owner refuses to redeem a firstborn donkey, he must break its neck and bury it.
Chapter 2 – הלוקח עובר פרתו: Firstborn Kosher Livestock and Gentile Partnerships
This chapter addresses the bodily holiness of firstborn cattle, sheep, and goats, which must be given to a priest. It details how shared ownership with gentiles or pre-existing blemishes affect an animal's sanctity and redemption. The text also resolves disputes concerning twin births, caesarean deliveries, and doubtful firstborn status.
- Livestock owned in partnership with a gentile is exempt from firstborn sanctity.
- For simultaneous male twin births, Rabbi Tarfon gives the priest the fatter lamb; Rabbi Akiva gives the leaner.
- An animal delivered by caesarean section and any subsequent offspring are both exempt from firstborn holiness.
Chapter 3 – הלוקח בהמה: Doubtful Births and Shearing Prohibitions
This chapter discusses physical indicators like uterine discharge and afterbirth that demonstrate an animal has already given birth. It establishes legal presumptions when purchasing animals from gentiles to decide if future offspring have firstborn sanctity. Additionally, it outlines the strict prohibitions against shearing, plucking, or using wool from a firstborn animal.
- A murky uterine discharge indicates a prior pregnancy and exempts subsequent offspring from firstborn sanctity.
- A nursing animal bought from a gentile is presumed to have calved, exempting her future offspring.
- Hair may be plucked from a firstborn's neck only to facilitate slaughter or inspect a blemish.
Chapter 4 – עד כמה: Holding Periods, Inspection, and Commercial Credibility
This chapter defines how long an owner must care for a firstborn before delivering it to a priest. It outlines the requirement for authorized experts to inspect blemishes and sets rules against paying judges or inspectors for specific rulings. Finally, it examines commercial credibility and the rules regarding merchants suspected of violating agricultural laws.
- Owners must tend a firstborn small animal for thirty days and large cattle for fifty days before delivery.
- Authorized expert judges who make mistaken rulings are exempt from paying restitution to the animal's owner.
- Animal inspectors may receive fixed fees, but a judge who takes wages invalidates his judgment entirely.
Chapter 5 – כל פסולי המוקדשין: Disqualified Sacrifices and Inflicted Blemishes
This chapter distinguishes how disqualified Temple sacrifices and blemished firstborns are sold, slaughtered, and consumed. It establishes severe penalties for anyone who intentionally blemishes a firstborn animal to permit its consumption outside the Temple. It also addresses who is credible to testify about whether an injury occurred accidentally or deliberately.
- Disqualified sacrifices are sold in public markets, but blemished firstborns may only be sold at home by estimate.
- An intentionally blemished firstborn cannot be slaughtered until another permanent blemish develops on it naturally.
- Three laymen may permit an obviously blemished firstborn only when no qualified expert is in the town.
Chapter 6 – על אלו מומין: Permanent Blemishes of Ear and Eye
This chapter catalogs the specific permanent physical defects that disqualify an animal from sacrifice and permit non-Temple slaughter. It details required measurements for perforations, splits, and cartilage loss in the ear. It also defines eye disorders, such as cataracts, tears, and a tevallul, which is a white thread entering the pupil.
- Ear blemishes must be permanent defects affecting cartilage, such as splits, perforations, or loss of cartilage tissue.
- A tevallul blemish occurs only when a white thread crosses the iris and enters the black pupil.
- Chronic eye weeping is considered permanent only after failing to heal from moist and dry medicinal fodder.