Blemishes, Infirmities, and Uncertain Genders on the Altar

How the Rambam distinguishes permanent blemishes from transient flaws, moral stains, and gender ambiguities to determine sacrificial fitness.

Permanent Blemishes Versus Temporary Flaws

The Mishnah distinguishes between permanent blemishes that permit a firstborn animal to be slaughtered outside the Temple and temporary flaws that merely disqualify an offering. This question arises because consecrated animals must be physically whole, yet not every defect allows provincial redemption.

The Rambam codifies this distinction by establishing that the seventy-three enumerated defects constitute permanent blemishes (מומים קבועים). Other bodily defects prevent an animal from being offered, yet they do not permit provincial slaughter. Therefore, the animal cannot be redeemed or slaughtered until an authentic permanent blemish develops.

עַל אֵלּוּ מוּמִין שׁוֹחֲטִין אֶת הַבְּכוֹר, וּפְסוּלֵי הַמּוּקְדָּשִׁין נִפְדִּין עֲלֵיהֶן.

For these blemishes enumerated in the previous mishnayot, one slaughters the firstborn outside the Temple and disqualified consecrated animals may be redeemed on their account. (Bekhorot 41a:2)

Resolving Contradictory Boils and Scabs

The Gemara questions why boils are listed as non-permanent blemishes when Scripture identifies them as disqualifying defects. The Gemara resolves this by distinguishing three categories: dry inside and out, moist inside and out, and moist outside but dry inside.

The Rambam rules that dry boils (גרב יבש) and Egyptian lichen (חזזית מצרית) are permanent blemishes that invalidate across the whole body. Kessef Mishneh explains that any scab that is incurable because it is dry internally represents the biblical defect. Kiryat Sefer confirms that the Torah blemish is dry like earthenware, whereas completely moist boils can heal over time.

אַרְבָּעָה רְאוּיִין לִהְיוֹת בְּכָל הַגּוּף וְאֵלּוּ הֵן. מִי שֶׁיֵּשׁ בּוֹ גָּרָב יָבֵשׁ כָּל שֶׁהוּא

There are four that may occur in any place in the body. They are: one who has a dry skin eruption of even the slightest size. (Mishneh Torah, Admission into the Sanctuary 7:10)

Physical Infirmity and Old Age

The Gemara derives from scriptural exclusions that an old, sick, or foul-smelling animal may not be offered upon the altar. The Sages teach that each exclusion is necessary, as one cannot infer natural aging from unexpected sickness or repulsiveness.

The Rambam defines an elderly or sick person or animal as one that trembles and shakes from physical infirmity. Mishneh LaMelech questions whether an animal is disqualified by statutory years or by physical weakness, concluding that trembling represents the biblical blemish. Even Ha'azel notes that a sick animal that does not tremble is disqualified only ab initio, but if offered, its sacrifice is accepted.

הַזָּקֵן שֶׁהִגִּיעַ לִהְיוֹת רוֹתֵת וְרוֹעֵד כְּשֶׁהוּא עוֹמֵד. הַחוֹלֶה כְּשֶׁהוּא רוֹעֵד מִפְּנֵי חָלְיוֹ

An elderly man who has reached the stage that he quivers and trembles when he stands; a person who is sick and trembles because of his illness. (Mishneh Torah, Admission into the Sanctuary 7:12)

Moral Violations and Sole Testimony

The Mishnah teaches that an animal involved in bestiality or manslaughter is disqualified when attested by a single witness or the owner. The Gemara asks why a verse is necessary if these animals are executed by the court. It answers that single-witness testimony spares the animal from judicial execution, yet disqualifies it from the altar.

The Rambam rules that an animal is disqualified through bestiality only if the human has reached halakhic maturity. Kessef Mishneh explains that below statutory age, the event is halakhically void rather than an act of intercourse. Even Ha'azel affirms that since no legal intercourse occurred, the animal remains fit for the altar.

Dual and Concealed Organs

The Mishnah records a dispute regarding an animal with dual organs (אַנְדְּרוֹגִינוֹס) or concealed genitalia (טוּמְטוּם). Rav Chisda explains that all agree a טוּמְטוּם is a doubtful firstborn (ספק בכור), while an אַנְדְּרוֹגִינוֹס is a distinct creation.

The Rambam follows the Sages and rules that an אַנְדְּרוֹגִינוֹס possesses no sanctity and is treated entirely like an ordinary unconsecrated female. Its owner may shear its wool and put it to work. Conversely, a טוּמְטוּם is an unresolved doubt that must graze until blemished before it may be eaten.

אָמַר רַב חִסְדָּא: מַחְלוֹקֶת בְּאַנְדְּרוֹגִינוֹס, אֲבָל בְּטוּמְטוּם — דִּבְרֵי הַכֹּל סְפֵיקָא הוּא

Rav Chisda says: This dispute applies to a hermaphrodite; but with regard to a tumtum, everyone agrees that it is an uncertain case. (Bekhorot 41b:9)

Halakhic Realities in Daily Practice

In practical halacha, a firstborn animal with a permanent blemish may be slaughtered and eaten anywhere without redemption. Other consecrated animals disqualified by blemishes must be redeemed with money before they can be eaten.

Transient ailments, such as moist boils or non-constant eye secretions, never permit slaughtering a firstborn. The animal must graze until a permanent blemish appears. Likewise, a foul-smelling priest who washes and applies perfume may perform the Temple service.

Only incurable internal defects permit a firstborn to be eaten, while transient flaws or moral stains merely bar an animal from the altar.

Learn Bekhorot 41 on Super Daf