diff --git "a/json/Mishnah/Rishonim on Mishnah/Bartenura/Seder Kodashim/Bartenura on Mishnah Bekhorot/English/merged.json" "b/json/Mishnah/Rishonim on Mishnah/Bartenura/Seder Kodashim/Bartenura on Mishnah Bekhorot/English/merged.json" new file mode 100644--- /dev/null +++ "b/json/Mishnah/Rishonim on Mishnah/Bartenura/Seder Kodashim/Bartenura on Mishnah Bekhorot/English/merged.json" @@ -0,0 +1,640 @@ +{ + "title": "Bartenura on Mishnah Bekhorot", + "language": "en", + "versionTitle": "merged", + "versionSource": "https://www.sefaria.org/Bartenura_on_Mishnah_Bekhorot", + "text": [ + [ + [ + "הלוקח עובר חמורו של נכרי – when it is in the womb of its mother and it is a firstling (i.e., male or female). And for this reason, it (i.e., the Mishnah) took [the words], “the fetus of his donkey,” for there is no holy unclean animal with regard to its first-born other than the firstborn of a donkey alone, but since the words are few of the firstborn of the donkey, he decided and permitted it. But all of these other chapters speak of a first born of a pure animal.", + "אף על פי שאינו רשאי – to sell to a heathen a large animal, because of work on Shabbat that would be performed by it (see Tractate Avodah Zarah, Chapter 1, Mishnah 6 – where the Halakha is established that it is forbidden to sell a heathen a large animal – originally owned by an Israelite).", + "והמשתתף לו – even if the portion of the heathen is substantial and known, as for example, the [yet unborn] firstborn’s arm or leg, or that of its mother. Any time that if they would sever from it that limb, the animal remains with a blemish – this is the partnership of the heathen and it is exempt [from redemption].", + "והמקבל ממנו – that the female donkey belongs to the heathen that an Israelite receives and takes care of it in order that they will divide its offspring, but the body of the animal belongs to the heathen.", + "פטור מן הבכורה – that fetus that he (i.e., the Israelite) purchased from the heathen or that he sold to the heathen is not holy, for since the heathen has a portion in it or in its mother, as it states (Numbers 3:13): “I consecrated every first-born in Israel, [man and beast, to Myself, to be Mine],” but not of the heathen.", + "אם פטרו את של ישראל במדבר – the Levites did not exempt the animals of the Israel in the wilderness, that the first-born of the cattle, [the] cattle [of the Levites] replaced [and redeemed] it, as it is written (Numbers 3: 45): “and the cattle of the Levites in place of their cattle,” but rather, this is how it should be read: The Levities released/served as ransom the holiness of the first born of the Israelites in the wilderness, as it is written (Numbers 3:45): “Take the Levites in place of all the first-born among the Israelite people, [and the cattle of the Levites in place of their cattle; and the Levites shall be Mine, the LORD’s],” but if the sanctity of the Levites released/ransomed the sanctity of the Israelites, it is a law that they would release/ransom themselves. But after we learned that the sanctity of the first-born was released/ransomed from the livestock of the Levities, we learned that the released/ransomed of their donkeys are exempt from [the rules governing] the first-born, as it is written (Numbers 18:15): “but you shall have the first-born of man redeemed, and you shall also have the firstling of impure animals redeemed,” all that the first-born of man has, the first-born of impure animals have, and all that the first-born of man doesn’t have, is not found in the first-born of impure animals. But from the first born of pure animals, the Priests and Levites were not exempt, as we learn ahead." + ], + [ + "פרה שילדה כמין חמור וחמור שילדה כמין סוס פטור (a cow that gave birth to a donkey of so) – if [the Mishnah] taught [only] “a cow that gave birth to a donkey of sorts” but did not teach “a donkey that gave birth to a horse of sorts,” I might say that the cow that gave birth to a donkey of sorts is that which is exempt from [their offspring being counted] as a firstborn, because they are not at all similar to each other, for this one (i.e., the cow) has horns and that one (i.e., the donkey) does not have horns, for this one (i.e., the cow), its hoofs are cloven but that one (i.e., the donkey), its hoofs are closed, but a donkey which gave birth to a horse of sorts, I might say that that it (i.e., the horse of sorts) is a red donkey and it is obligated [for its offspring to be counted as a firstborn]. But if it (i.e., the Mishnah) had only taught the concluding clause and did not teach the opening clause, I would say that the donkey that gave birth to a horse of sorts is exempt from [its offspring being counted as a firstborn] because a horse is not sanctified with a firstborn, but a cow that gave birth to a donkey of sorts where both of them are sanctified through the firstborn, I might say that it (i.e., the donkey of sorts) is obligated [for its offspring to be counted as a firstborn. Therefore, both phrases are necessary.", + "פטר חמור פטר חמור שני פעמים – one in “Sanctify to me all firstborns” (Exodus 13:12) and the other in (the beginning of the Torah reading for Shabbat Hol HaMoed Passover and Sukkot – beginning with Exodus 33:12 and extending to Exodus 34:26) “See you say to me,” (Exodus 34:20).", + "מהו באכילה – that is to say, an animal where the birth mother is not similar to the animal born- what is the Halakha with regard to their consumption/eating?", + "שהיוצא מן הטמא טמא – and the honey of bees and hornets. It is permitted and is not called that which comes out from the impure, because it does not squeeze/wring it out from their flesh but rather, they bring it into their bodies, since they consume from the flours of the trees and from them the honey is made. But the milk of a human is permitted as I explained, but to suck from the breasts of a woman is prohibited. And all the rest of the milk of impure animals and wildlife, they come from that which is impure and is forbidden.", + "דג טמא שבלע דג טהור – even though we did not see it that it swallowed it, for since most fish breed with their own kind, it is like it swallowed in our presence." + ], + [ + "נותן טלה אחד לכהן – in redemption. For whichever way you look at it, one of them is a firstborn.", + "זכר ונקבה - and it is not known if the male came out first and he is the firstborn, or the female came out first, and there isn’t here the law of the firstborn.", + "מפריש טלה – because of doubt, and he releases from him the holiness of the redemption of the donkey.", + "והוא לעצמו- that he himself will consume the lamb and he will not give it to the Kohen, for the Kohen is like someone who removes something from his fellow, and the proof is upon him to bring witnesses that the male came out first. But there is no prohibition, for even the firstling of a complete donkey that was redeemed with a young sheep, furthermore there is no sanctity neither with him or that which he redeems it with. But rather where there is theft, if he does not give a lamb to the Kohen, that is his (i.e., the Kohen’s) money, but here there is no theft for there is a doubt.", + "שתי חמורות וילדו כו' – a male and female, he gives one lamb to a Kohen because of the male [firstborn]. Or, two males and one female, that one gave birth to a male and one gave birth to a male and female, or alternatively, one gave birth to two males and one gave birth to a female, we give one lamb to the Kohen for certainly there is one male that is definitely a firstborn, but regarding the other where there is a doubt lest the female was born first, we set aside a lamb and it is for himself.", + "שני זכרים ושני נקבות – they are of doubt, for perhaps each one of them gave birth to a male and a female, and perhaps the females came out first, therefore, the Kohen does not have anything here, but he designates for them two lambs to release them from their sin and they are for themselves (i.e., the owners), such My teachers explained. But Maimonides holds that there is nothing for the Kohen her and even a lamb for himself he does not have to separate/dedicate, because there is in each one [of these donkeys] a great down when they gave birth to two females and one male, for perhaps one of the two of them gave birth to two females and the other gave birth to a male. Or perhaps, this one gave birth to a female, and the other [gave birth to] a male and afterwards a female, or a female and afterwards a male. mal And similarly there are many doubts with [offspring of] two males and two females, therefore even one lamb for himself he does not designate/separate, and the explanation of my Rabbis is the essential principle." + ], + [ + "זכר ונקבה מפריש טלה אחד לעצמו – for perhaps that one (i.e., donkey) that did not give birth gave birth to a female.", + "שנאמר ופטר חמור תפדה בשה – every young lamb by implication, young lamb of lambs or young goats, a young male or a young female lamb, etc.", + "ופודה בו פעמים רבות - if the Kohen returned and they gave him [the redemption animal].", + "נכנס לדיר להתעשר – as for example, an Israelite who had ten donkeys who were doubtful first issues of the womb and he separated/dedicated ten lambs and they are his, behold they enter the pen to a place where they bring in animals there to be tithed, and we tithe them in the manner that we tithe the rest of the animals, and the same law applies that if he had a doubt regarding one first-born donkey or two [and he separated/dedicated for them one or two young sheep] that it would enter the pen with the rest of his sheep to be tithed.", + "ואם מת נהנים בו – what he separated/dedicated for redemption of the first-born donkey, if it died at the hand of the owners prior to coming into the hand of the Kohen, the Kohen derives benefit from even though it didn’t reach his hand while living, for from the time that he (i.e., the owner) separated it, it was in the domain of the Kohen." + ], + [ + "ולא בחיה – a deer or a ram.", + "ולא בשחוטה – a slaughtered young sheep/goat.", + "ולא בטריפה – as for example, that its feet were cut off from the knee and above.", + "כלאים – a he-goat that comes upon a ewe.", + "מפני שהוא שה – whether a ewe or whether a goat, they are called a young goat/young sheep. But the Halakha is not according to Rabbi Eliezer.", + "כוי – it is a creature of its own, doubtfully wildlife and doubtfully an animal.", + "נתנו לכהן- the actual first-born donkey.", + "עד שיפריש שה תחתיו- and this for himself. But afterwards he can use the first-born donkey. But because the Kohanim were suspected in this matter of not separating a young sheep in its place, therefore, an Israelite who gives a first-born donkey to a Kohen does not move from there until the Kohen redeems it in his presence." + ], + [ + "בחמש סלעים של פדיון הבן – for they are liable for it (i.e., the five Selas for the redemption price of the first-born male).", + "כפדיון מעשר שני – that if he lost it, he is not liable for it (i.e., to replace the redemption of the Second Tithe). For that money, the All-Merciful made him liable to eat in Jerusalem and it left him. And the reason of Rabbi Eliezer is that we found that Scripture made an analogy between the first-born of the donkey and the first born of a human, as it states (Exodus 34:20): “But the firstling of an ass you shall redeem with a sheep; [if you do not redeem it, you must break its neck.] And you must redeem every first-born among your sons.” But the Sages state (Numbers 18:15): “But you shall have the fist-born of man redeemed, and you shall also have the firstling of unclean animals redeemed.” For redemption, the analogy was made but not for another thing.", + "ואין כאן לכהן כלום – and he (i.e., the Kohen) is not liable for it, according to the Rabbis. And such is the Halakha.", + "מת פטר חמור – after he (i.e., the owner) set aside the redemption, but he had not as yet given it to the Kohen.", + "רבי אליעזר אומר יקבר – for since he is liable for the lamb, it is like someone who had not separated it.", + "ומותר – an Israelite [is permitted] in deriving benefit from the lamb, for it is like someone who did not separate it.", + "אין צריך להקבר – that from the time that I will separate the lamb, it becomes the property of the Kohen and the sanctity of the firstborn ass is released." + ], + [ + "קופיץ (hatchet) – a large knife like a small ax that the butchers cut with it the meat.", + "ועורפו – that is that he cuts off its head from the border of the neck.", + "וקוברו – because it is prohibited to derive benefit after breaking the neck [of the heifer].", + "מצות יעידה – regarding a Hebrew maidservant.", + "בראשונה שהיו מתכוונים לשם מצוה – and they (i.e., the Sages) would say the dead husband’s brother (brother-in-law who marries his wife) , for the sake of beauty, for the sake of money, they would come in contact with illicit sexual behavior that was not in the place [of the fulfillment] of the commandment [of levirate marriage]. But this is not the Halakha, but rather since the prohibition of marrying the wife of one’s brother has no effect from her, when his brother died without children, behold, she is completely permitted to him, and even a sister-in-law (i.e., widow of a brother who died without issue) for the sake of beauty or for the sake of money.", + "מצות גאולה באדון – who decides by lottery the donation of an animal to the Temple treasury, the commandment of its redemption is by the owner prior to all individuals, because he adds the one-fifth." + ] + ], + [ + [ + "הלוקח עובר פרתו. אע\"פ שאינו רשאין – to sell him a large animal (see Tractate Bekhorot, Chapter 1, Mishnah 1 and Tractate Avodah Zarah, Chapter 1, Mishnah 6)." + ], + [ + "כל הקדשים שקדם מום קבוע להקדשן כו'. וכל שקדם הקדשן את מומן – these two clauses/sections, we explained above in Tractate Hullin [Chapter 10, Mishnah 2 and also Tractate Zevakhim, Chapter 9, Mishnah 3]." + ], + [], + [ + "המקבל צאן ברזל מן הנכרי (he receives a guaranteed investment from the heathen – which is secure from any loss) – that the heathen placed his cattle to him (i.e., an Israelite) for fixed compensation and to give him those monies for up to ten years, whether they (i.e., the animals) died or lost value, and those offspring that they will have until that time will be [divided] between them.", + "וולדות פטורין – from being firstling. Their offspring of those sheep when they grow and bear animals for the first time will be exempt from the law of firstlings. For if he does not give money to the heathen, he will seize the animal, and if he does not find the animal, he will seize the offspring, it is found that the heathen has a connection with the offspring. Therefore, the firstborn of these offspring is exempt from the law of firstlings, for all that the heathen has a hand in/connection to its mother is exempt from the [law of] firstlings. But when the offspring of the offspring bear animals for the first time , that is the fourth [generation] of the guaranteed investment, they shall be given to the Kohen, for all that much the heathen does not have a hand in/connection to seize the offspring of the offspring.", + "העמיד ולדות תחת אמותיהן ולדי ולדות פטורין ולדי ולדי ולדות חייבים – if [the Israelite] stipulated that the offspring were in place of their mothers, when he (i.e., the Israelite) made an opening for the heathen for him to have power over the offspring and stated to him: “If the animals will die, you will take the offspring that reach my portion. Now, the power of the hand of the heathen is stronger and is connected to one generation more than of the first [alone]. Therefore, the offspring of the offspring of animals is a guaranteed investment, that when the animals gave birth for the first time, they are exempt from the [law relating] to firstborn animals, since the hand of the heathen belongs to/is attached to them. The offspring of the offspring of the offspring, when they first give birth, that is the fifth [generation] of guaranteed investment, should be given to the Kohen.", + "שאחריותן לנכרי -for always, everything that is found the Gentile grabs hold of. But the Halakha is not according to Rabban Shimon ben Gamaliel." + ], + [ + "רחל שילדה כמין עז – even though that both of them are species they are liable for [the law] of the firstborn, nevertheless, if it is not similar to its mother, it is exempt from [the law] of the firstborn. As is it written (Numbers 18:17): “But the firstlings of cattle, [sheep or goats may not be redeemed; they are consecrated],” until it [the cattle/ox] and its first-born is a cattle/ox.", + "ואם יש בו מקצת סימנים – that it is similar to its mother, until that it is recognized in them that it is from the same species, it is liable." + ], + [ + "שנאמר הזכרים לה' – [the word] \"זכרים\"/males – implies two.", + "אי אפשר – to ascertain exactly their two heads came out as one (see Tractate Bekhorot 17a), but rather, the one came out first and we don’t know which of them it was.", + "בורר לו את היפה – that in general, the better and [more] healthy one goes out at the beginning.", + "משמנים ביניהם – the owners and the Kohen do not have an advantage one on the other in their division other than the [permitted] fat, for the Israelite takes the fat and the leaves the lean one to the Kohen, for he who wants to exact [compensation] from his fellow bears the burden of proof (see Tractate Bava Kamma, Chapter 3, Mishnah 11). And the Halakha is according to Rabbi Akiva (see Talmud Bekhorot 18a).", + "והשני – that remains to the Israelite, it should pasture until a blemish befalls it and afterwards it may be consumed, for it is a doubtful firstling , therefore, it is not slaughtered as pure. But that which belongs to the Kohen, it is not necessary to state that certainly he does not slaughter it until there should be a blemish, but we are speaking about at this time.", + "וחייב במתנות – the Israelite, when he slaughters it, he would give to the Kohen the foreleg, jaw and maw. For whichever way you turn, if it is firstling, all of it goes to the Kohen, but if it is not a firstling, he (i.e., the owner) is liable to the priestly gifts.", + "ורבי יוסי פוטר – for this is as if the Kohen was worthy of it and it reached his hand but if a blemish befell it, it is given to an Israelite. And it is found that it is exempt from the priestly gifts, for since we consider it as if it came from the hand of a Kohen to an Israelite. And the Halakha is according to Rabbi Yossi.", + "רבי טרפון אומר יחלוקו – for Rabbi Tarfon retracted from what he said above [in this Mishnah] that the Kohen selects for himself the better part, for he holds that while alive also we compromise with both of them (i.e., the Kohen and the Israelite) and divide the proceeds. For both of them have a part in both of them (i.e., the animals – the two males). Therefore, if one of them died, they should divide the living one.", + "רבי עקיבא אומר המוציא מחבירו עליו הראיה – and the Halakha is according to Rabbi Akiva.", + "זכר ונקבה אין לכהן כלום – for perhaps a female [animal] came out first and he who wants to exact [compensation] from his fellow bears the burden of proof. But here, even Rabbi Tarfon admits, that there, when he disagrees because certainly that one [animal] goes to the Kohen, therefore it strengthens one’s right to divide it equally, but here, his power is lessened for perhaps the issue of first-born status is not connected at all. But however, it should go to pasture until a blemish befalls it and afterwards, he can consume it, for it’s a doubt." + ], + [], + [], + [ + "יוצא דפן (a fetus extracted by means of the cesarean section) – its mother was operated upon by a section and they removed the fetus through its walls.", + "והבא אחריו – that which is born after it through the path of the womb.", + "ירעו עד שיסתאבו – for it is doubtful to Rabbi Tarfon if the firstling of the offspring is holy even though it is not a firstling to the womb, such as a fetus extracted by means of cesarean section which is the first that is born even though it did not open up the womb. If it is a firstling to the womb, it is holy even though it is not the firstling to the offspring, as for example, that which comes after one born by means of cesarean section which is the first that opened the womb bur is not the firstling of the offspring since the one born by means of cesarian section preceded it. But from doubt, both are sent to pasture until they develop blemishes and their owners will consume them with their blemishes for perhaps, we require both [that it is the first to open the womb and the first one born] of them to be firstlings of offspring and to [the opening of] their wombs, but neither one of them is holy. But he who wants to exact [compensation] from his fellow bears the burden of proof. But for Rabbi Akiva, it is obvious to him that we require both [of these prerequisites] require, and not a single one of them is holy. And the Halakha is according to Rabbi Akiva." + ] + ], + [ + [ + "הלוקח. עז בת שנתה – [a goat] a year old that produced an offspring within its first year.", + "ודאי- that offspring belongs to the Kohen, for prior to this it had not produced offspring.", + "ספק - it would be sent to pasture until a blemish befalls it and the owners would consume it in its blemishes (see Tractate Bekhorot, Chapter 2, Mishnayot 6-7). But if it is a doubtful firstling donkey, he would separate a lamb and it would be his.", + "טנוף (discharge from the womb indicating abortion) – bubbles/pustules of blood that the animal discharges. And they show them to a wise shepherd and recognizes them if they are because of the pregnancy that it miscarried and perhaps it discharged within the first year which is a doubtful offspring and it is exempt from the laws of firstlings, therefore, even a goat that is one year old is doubtful.", + "שליא – a kind of covering over the fetus that the fetus is lying in it (i.e., placenta).", + "שפיר – above from the placenta is a membrane/skin that has in it congealed blood and it is called the sac of a fetus. And my teachers/Rabbis explained, it is a piece of flesh that has on it the form of a human. But there are those who say that is called a sac of a fetus, because it is made like a tube.", + "ששפעה חרדת דם (that discharged a clod of blood) – that discharged a portion of blood (see also Tractate Hullin, Chapter 4, Mishnah 7 regarding to the placenta).", + "הרי זו תקבר – to inform that it was exempted from the [law of] the firstling, for a person who sees that they bury it knows that what comes after it (i.e., born afterwards) is not holy for the [law of] the firstling. And the Halakha is according to Rabbi Akiva and [according to] Rabbi Eliezer ben Yaakov." + ], + [ + "אין חוששין שמא בנה של אחרת היה - that what comes (i.e., the offspring) after it is a doubtful firstling, that we would say: “this animal never gave birth, but that she loved this one, the male offspring of her neighbor,” but if because that she has milk, there is a minority of those giving milk even though they have not given birth, but certainly we don’t say, that it is her offspring and that she is exempt from the laws of firstlings (see Talmud Bekhorot 20b).", + "מבכירות – female animals that did not give birth until now.", + "אין חוששין שמא בנה של זו בא לו אצל זו – for we should be troubled for all of them of a doubtful firstling status, but certainly, those that are running after/clinging to those animals that have given birth for the first time were definite firstlings, but those running after/clinging to those animals that were not giving birth for the first time were definitely plain (i.e., not firstlings). And the Halakha is according to Rabban Shimon ben Gamaliel." + ], + [ + "עושה מקום בקופיץ - This is our reading. But in the Gemara (Talmud Bekhorot 25a), it explains that we teach לקופיץ (instead of בקופיץ )/to a hatchel, that is to say, for the need of the place of the hatchel, we remove the hair of the neck, and there isn’t here [a violation of] (Deuteronomy 15:19): “you must not…sheer your firstling sheep,” for plucking with the hand is not sheering , but with a utensil, it is definitely forbidden.", + "וכן מותר לתלוש את השער- and even ab initio, to show to the Sage the place of the blemish. And the Halakha is according to Rabbi Yosi ben Meshulam." + ], + [ + "עקביה בן מהללאל מתיר [Rabbi Akavya ben Mehallalel permits] the wool for the Kohen to derive benefit from it.", + "וחכמים אוסרים – for if he permitted him the wool that drops off/falls out while living, he will come to wait for a firstling in order that his wool will drop off/fall out every hour, and it will come to be a snare/stumbling block that he will shear it and work on it, and those consecrated animals that are disqualified are forbidden for shearing and for work, as it is written )Deuteronomy 12:15): “[But whenever you desire,] you may slaughter and eat meat [in any of your settlements according to the blessing that the LORD your God has granted you],” you may slaughter but not shearing.", + "לא בזה התיר עקביה – meaning to say, not in this [case- of the hair of a blemished firstling which fell out, and which one put in a wall niche/window, and which -firstling – one slaughtered afterwards] did [Rabbi] Akavyah [ben Mehallalel] permit and the Sages prohibited, for everyone agrees that when he slaughters it, it is permitted, slaughtering provides the benefit of the wool that is attached to it to permit it after ritual slaughtering, he also benefits from that which is plucked/detached and placed in a wall niche/window. But they did not disagree other than regarding a dead animal, for that wool that is attached to it requires burial, [Rabbi] Akavya [ben Mehallalel] permits the wool that fell out from it while it was living but the Sages prohibit it as a decree lest he will delay in order to derive benefit from the wool that falls out from it every hour, and one would come to perform acts of shearing and work. But the legal decision is even after the ritual slaughter, the wool that fell out from it while living is forbidden.", + "צמר המדובלל (wool which dangles/clumps in the wool) – that was not detached entirely but is attached with the wool and it doesn’t fall.", + "את שנראה עם הגיזה – when they slaughter it and shear it after the ritual slaughter, that the wool that clumps/dangles is mixed with the rest of the shearing and does not appear as separated from it, it is permitted like the rest of the shearing.", + "ושאינו נראה עם הגיזה – that it went outside too much and is recognized that it is [separated] from the shearing.", + "אסור – it is like it fell off/dropped completely prior to the ritual slaughter. And the anonymous teaching is according to the Rabbis who dispute that of [Rabbi] Akavya [ben Mehallalel], and the Halakha is according to them." + ] + ], + [ + [ + "עד כמה. להטפל בבכור – to be engaged with its (i.e., the firstling’s) raising prior to giving it to the Kohen.", + "בדקה עד שלשים יום ובגסה עד חמשים – In the Gemara (Tractate Bekhorot 26b), we derive it, from what is written (Exodus 22:28): “You shall not put off the skimming of the first yield of your vats. You shall give Me the first-born among your sons,” and adjacent to it (Exodus 22:29), “You shall do the same with your cattle and your flocks,” and they show an incongruity/objection, “your bull” which is mentioned earlier in Scripture to “the skimming of the first yield of your vats” which is early, and “your flocks” which is later than the “the first-born among your sons” but “the skimming of the first yield of your vats” which are the first-fruits are offered at fifty days, that the grain is ripened on Passover and we don’t bring the first-fruits until Atzeret/Shavuot, as it is written (Exodus 23:16): ��and the Feast of the Harvest, of the first fruits of your work, [of what you sow in the field], and just as you do for the “skimming of the first yield of your vats, which you do not bring until the end of fifty days, so you do for your bulls that you do not bring it until fifty days, and in the manner that you act regarding the first-born of your sons, as it is written concerning it (Numbers 18:16): “Take as their redemption price from the age of one month up,” similarly you should do for your flock that you should not bring it until thirty days.", + "בדקה שלשה חדשים – because its care-taking (i.e., of small cattle) is more troublesome (see Talmud Bekhorot 26b and Talmud Bava Metzia 69a), for its teeth are thin and it is not able to eat grass. And if it won’t be with its mother it will die. But the Halakha is not according to Rabbi Yossi.", + "לא יתנו לו – for since its care-taking is cast upon an Israelite for fifty days, and the Kohen said to him “Within this time [period], give it to me and I will pasture/tend it.” It is similar to someone who rents it that he saves him from the trouble on the condition that he (i.e., the owner) will give it to him and not to another Kohen, and this is similar to a Kohen who helps/assists in the granary/threshing floor to thresh and to winnow in order that they will give him the heave-offerings/Terumot, and it is taught [in a Baraitha] that Kohanim and Levites who assist in the granary/threshing floor, they don’t give them have-offerings and tithes. But if [the animal] had a blemish and he said to him: “Give it to me and I will consume it, for since it was pointed out to him, e was not like the Kohen who assists in the granary.", + "בין תמים בין בעל מחם – whether at the time of the Temple or whether at the present time, every year it is his, he is permitted to uphold it. And a firstling with a blemish, we derive that it is given to a Kohen, and he consumes it with its blemish for since it is written (Numbers 18:18): “But their meat shall be yours,” is the plural language, whether it is pure firstling or whether it is a firstling with a blemish." + ], + [ + "כל שנים עשר חדש – from when it (i.e., the firstling) was born.", + "לאחר שנתו – as for example, at this time, when he needs to keep it/sustain it until a blemish befalls it.", + "אינו רשאי לקיימו אלא עד שלשים יום – from the day that the blemish befalls it [consuming it thirty days later]." + ], + [ + "רבי יהודה מתיר – with blemishes that are in the eye, Rabbi Yehuda admits/agrees that it is prohibited, because they change after death since because of the pain of death, the eye changes and even though it appears as a permanent blemish, if it had appeared to it while living it would have appeared as a passing [blemish], and he would not permit anything other than blemishes that are on the body that do not change. But Rabbi Meir holds that we make a decree that blemishes that are on the body that do not change on account of blemishes that are in the eye that do change. And the Halakha is according to Rabbi Meir." + ], + [ + "מומחה – he that received permission from the Nasi/President or from the Bet Din/Jewish court of the Land of Israel to permit firstlings. And even though that in a general way, he who studied the [Written] Torah [and the Oral Torah] and knows how to think and to compare by analogy [two laws] and to understand and form a conclusion by analogy, he one who is called a specialist/Mumheh, and when he is recognized and known and when he has acquired fame among the people of his generation, he is a specialist for the many, and he can judge as an individual, even though he did not receive permission from the Exilarch/head of the Diaspora community, [but] in regard to permission to permit firstlings, he is not called a specialist, and he is not able to permit firstlings other than after he receives permission from the Bet Din/Jewish court of those ordained in the Land of Israel, for the domain of the Exilarch does not have an effect in this.", + "וישלם מביתו – and when he pays a Kohen, he gives one-fourth of its cost if it is a small animal, and half of its cost if it is a large animal. And because of this, he pays one-half [of its cost], for the money that is placed in doubt we divide it, but one can say that he loses it, for if he had not permitted this to himself, he would bring a complete expert and permit it for himself and he would consume it, but now it requires burial, and one can say, that he doesn’t lose anything, for perhaps, there wasn’t a blemish and a complete specialist would not permit himself [this], and perhaps a fixed blemish would not fall upon it ever until it dies. And the case where he doesn’t pay one-half for a small animal like that of a large animal, is because there is greater trouble to raise a small animal and he who permitted the firstling for the Kohen saved him from the great trouble to care for a small animal, for perhaps if he had shown it to another, he would not have permitted it and he would have great amount of care taking for it until a blemish would befall it, and for this reason, he would injure it that he would not have to pay other than one-quarter. But Maimonides explained this regarding another matter, and this is essential.", + "מה שעשה עשוי וישלם מביתו – for the one that where there is a case of indirect damage, he is liable to pay from his house/property for the loss that he caused to his fellow, but the one that does not judge a case of indirect damage explains our Mishnah explicitly that he engaged in business by hand [directly].", + "וזיכה את החייב – and the case can be found as for example, that he had a deposit with the lender and this [specialist] exempted the borrower [from paying] and he took the deposit in his from the hand of the lender and returned it to the borrower.", + "וטימא את הטהור – it is found that he did business with it by hand, as for example, that he brought before him pure animals to borrow them and he said that they are ritually impure and he took one reptile and had it come in contact with them, in order that there would be no further doubt and that his words would be validated.", + "וטיהר את הטמא – as for example that he took ritually pure fruit/produce and combined them with those fruit/produce that he purified, and he acted not in accordance with the law and defiled them.", + "ואם היה מומחה לבית דין – that he received permission from the Bet Din.", + "פטור – for he would not be able to tell him why he made this judgment for he was not expert in the laws.", + "האם שלה – her womb.", + "והאכילה רבי טרפון לכלבים – for they asked him about it and he said that it was “torn” (i.e., unkosher) and he fed it to the dogs.", + "שלא תלד – because their cows and pigs were very prominent and they sell them for a high price , and they want that they will not give birth for another kingdom in order that they will be needed, and they cut/sever their mother and she does not die, therefore, she is not “torn”/unkosher.", + "הלכך חמורך טרפון – you have lost your donkey, for you need to sell it in order to pay the cost of the cow to its owners.", + "שמומחה אתה – one and another thing he said to him, one – that he error in this matter of a Mishnah, for our Mishnah in [the third chapter of Tractate Hullin] “These are the torn animals’ [Mishnah 2], you took its mother which was kosher and we hold that he errs in the matter of the Mishnah, and the former argument is to be reinstated and we judge him appropriately and he does not pay. And furthermore, alternatively, and the weighing of opinions [of opposing views] – that is, as for example, two Tannaim or two Amoraim who argue, and the Halakha is not stated either according to this Master or according to that Master and the general practice is like one of them, and he went and acted like the other one, what is done is done and he pays from his estate." + ], + [ + "אין שוחטין על פיו – for perhaps because of reward he permits it.", + "כאילא – the name of a Sage that lived in Yavneh, and he was a pious individual and was not suspected of this, and whether he said to them that it (i.e., the firstling) was pure or whether he said to them that it had a blemish, he would take all of his salary.", + "ארבע איסרות בבהמה דקה ובגסה ששה – a large [animal] increases the trouble involved, to cast it to the ground and to turn it upside down and to check its blemishes. Therefore, its payment is greater.", + "בין תמים בין בעל מום – and even though that when he tells him that it is ritually pure, he does not benefit from him at all, and he takes his salary, for if he did not take his payment/reward , they wold come to suspect him that he said that it (i.e., the animal) has a blemish, and from here, Maimonides judges on those who slaughter [animals] for the public, for it is appropriate for them either that they should not take a salary at all, or that they should take a salary on the finding of [animals] that died of themselves or were torn, like those that are found in the field, similar to those who see the blemishes in firstlings." + ], + [ + "הנוטל שכר לדון דיניו בטלים – as it is written (Deuteronomy 4:5): “See, I have imparted to you laws and rules as the LORD my God has commanded me, [for you to abide by in the land that you are about to enter and occupy.],” just as I [do it] gratuitously, so you [do them] gratuitously. But among the Rabbis of Ashkenaz, I saw scandalous behavior in this matter , that an ordained Rabbi, the head of a Yeshiva, is not embarrassed to take ten gold coins in order to be [present] for half-an hour for the writing and delivery of one Get/Jewish bill of divorce, and the witnesses that affix their names on the Get [receive] two gold coins or one gold coin for each of them at the very least, and this is not a Rabbi in my eyes, but rather a thief and a violent man who attained it by force, because he knows that we don’t give a Get in his city without his permission, and he who gives the Get against his will needs to give him all that he desires. |But I am worried regarding [this] Get/Jewish bill of divorce that it is invalid, for it is taught in our Mishnah, that a person who takes a reward to judge, his judgments are invalid; to testify, his testimony is invalid.", + "", + "לקדש – to mix the dust of the sin-offering in fresh water in a vessel.", + "אפר מקלה – the ashes of a portable stove on feet is called calcined ashes/hearth ash (i.e., a symbol of mourning, supplication), that is to say, mere ashes that have no sanctity.", + "אבל אם היה – this person who sees/examines the firstlings, or this one who is a judge, or the witness, or the one sanctifies is a Kohen, and the person who goes with him pardons him in the place of defilement and defiled him from consuming his heave offering, and makes him lose out that he needs to acquire non-sacred produce and to eat, and the value of non-consecrated are more expensive than the value of the heave offering, for non-sanctified produce is appropriate for all, but heave offering is not appropriate other than for pure Kohanim.", + "מאכילו – this one who brings him gives him to drink and anoints him.", + "ונותן לו שכרו כפועל – if he was customarily [engaged] in heavy and difficult labor, and he earns a great deal, we estimate how much a person like this wishes to take that is less than one he would earn with heavy labor and to be engaged in this work which is easier, and such we give him,. For it is permitted fo each judge to take a salary for his idleness, for the idleness is known and recognized/familiar, and he takes from the two litigants equally, but more than this is forbidden." + ], + [ + "החשוד על הבכורות – a Kohen who is suspected of placing/attaching a blemish on a firstling.", + "בשר צבאים – for it (i.e., deer/gazelle meat) is red and he switches it with the meat of a calf, and sometimes, when he sells the firstling of a pure calf and he said that it is the meat of a deer/gazelle, where we aren’t troubled by a firstling.", + "ולא עורות שאינן עבודים – but of tanned [hides] we buy from him, for if it is a firstling, he would not trouble himself with it, for he holds that the house of the Rabbis will hear of it and will cause him to lose [money] from it.", + "לוקחים ממנו עורות של נקבה - - for they certainly will know it But the first Tanna/teacher who prohibits it, holds that perhaps that they sever its male genitals and treat it like the females, and when they asked him what is this incision in the place of the female genitals, he would state that the mice consumed it. But the Halakha is not according to Rabbi Eliezer.", + "מלובן וצואי – they explained in the Gemara (Talmud Bekhorot 29b) that it states: wool that is cleansed of its dirt, that is to say, that he washes from its filthy matter . But we don’t say that if it if is a firstling, he does not lose his troubles/efforts and it doesn’t glisten for he holds that the Rabbis heard and causes him to lose from it, for since he troubles a small amount but is not exacting with it.", + "אבל לוחקין ממנו טווי ובגדים – for if it is firstling, he would not go to the trouble all that much with them, for he stringent with his trouble for perhaps he will suffer loss from it.", + "טווי ובגדים – he is not saying actual clothing. For now that is merely spun, they will purchase from him, but he needed woven clothing, but rather, clothing, that is linen made from wool which is not woven." + ], + [ + "החשוד על השביעית – to sow or to do business with the after-growths of the seventh year.", + "סרק – that is prepared with a comb, for since his trouble is little/small, he is not stringent.", + "אריג – not actually woven, for now that which is spun is permitted, we require woven. For this comes within the category of spun before it. But rather, woven, that is by the eye, twisted chains that they make from flax that were never spun." + ], + [ + "אפילו מים ומלח – and because of a fine [they don’t purchase water or salt from him].", + "כל שיש בו זיקת תרומה – every thing that the heave offering is used for. And “all” includes the insides of fish that they combine with them olive oil that has the obligation to pay heave offering. And the Halakha is according to Rabbi Shimon." + ], + [ + "אינו חשוד על המעשרות – and they purchase from him grain in the rest of the years of the Seven Year cycle, but they don’t tithe from them as definitively [tithed] but as a doubtfully tithed. And the reason is that he who is suspected [of violating] the Sabbatical Year is not suspected on account of tithes, and one who is suspected on account of tithes is not suspected on account of the Seventh Year [produce], because there is is in each of hen material that is not part of its partner; Seventh Year produce does not have be consumed inside the walls of Jerusalem, but Second Tithe is not consumed other than within/inside the wall [of Jerusalem]. Therefore, there is a more stringent punishment regarding [Second] Tithe than from the punishment of [not consuming] the Sabbatical Year produce. For the [Second] Tithe has redemption, but since the Seventh Year [produce] is forbidden, it does not have redemption, therefore, the Seventh Year is more stringent than from the [Second] Tithe.", + "החשוד על זה ועל זה – since he is suspected [of violating] a Torah prohibition all the more so, that he is suspect [of violating] on the purities, for they are from the Rabbis, that a person eats his unconsecrated produce in ritual purity.", + "ויש שחשוד על הטהרות – that are of the Rabbis, but is not suspected on account of Seventh Year produce and [Second] Tithe. For one that is suspected on a Rabbinic [legislation] is not suspected [of violation] of a Torah prohibition." + ] + ], + [ + [ + "כל פסולי המוקדשין (all consecrated animals that are disqualified) – Holy Things that had a blemish befall them, if we sell them at a high price, it is a benefit of discretion to Temple property. Therefore, they are sold in the bazaar/shop, that is the marketplace where they sell in the rest of the unconsecrated meat and there it is sold at a high price.", + "ונשקלין בליטרא – to be sold in the manner that the butchers sell unconsecrated meat, for since they are able to sell it at a high price, they add to its worth when they redeem them from Temple property.", + "חוץ מן הבכור ומן המעשר – that if they are sold at a high price their benefit is to owners. The firstling, its benefit is to the Kohen, for the meat of a firstling is consumed by everyone, but the Kohen sells it and takes its monetary worth, for the Kohen is called the owners of the firstling. But because of the benefit of the regular individual/commoner, we do not treat lightly Holy Things to treat them with the custom of unconsecrated things to sell them in a bazaar/shop, but rather in his house, and even though people will not cut the meat so much. But they are not measured with a litra but rather by estimation, and if he loses [a bit], it does not matter.", + "ושוקלין מנה כנגד מנה – that if he has a piece of unconsecrated meat that is weighted in the litra, he can weigh the meat of a firstling against it. But tithes we don’t weigh a Maneh against a Maneh, for at it appears as if he sells it, and the tithe of cattle it is prohibited to sell it at all because it is not written regarding it (see Numbers 18:17): “[But the firstlings of cattle, sheep, or goats] may not be redeemed,” in the manner that it is written regarding a firstling but rather (Leviticus 27:33): “[If he does make substitution for it, then it and its substitute shall both be holy:] it cannot be redeemed/לא יגאל,” and we taught in Sifrei [B’midbar] that regarding a firstling where it states “it cannot be ransomed,” tithes, where it states concerning it, “it shall not be redeemed”, is no sold, neither living nor slaughtered, and not pure and not with a blemish." + ], + [ + "לא ימנה ישראל עם הכהן – to eat with him in an association from the meat of a firstling with a blemish, for they not numbered regarding the firstling other than in an association that is entirely Kohanim [alone], as it is written (Numbers 18:18): “But their meat shall be yours: it shall be yours like the breast of elevation offering and like the right thigh,” for just as the breast and the thigh are for the Kohanim [only], and not for the Israelite, even the firstling, whether pure or with a blemish, are for the Kohanim [only] and not for the Israelite.", + "ובית הלל מתירין ואפילו נכרי – as it is written (Deuteronomy 12:15): “[The impure and the pure alike may partake of it,] as of the gazelle and the deer,” just as the gazelle and the deer, even a heathen [may partake of it], even to the firstling also. And Scripture [teaches] as it is written (Numbers 18:18): “But their meat shall be yours:…like the breast of elevation offering and like the right thigh,” and it is speaking specifically about the pure firstling.", + "שאחזו דם – a sick [animal] who is danger from excess blood [letting].", + "אין מקיזין לו דם – and even in a place where he does not make in it a blemish. For since a person is pressed (see Tractate Pesahim 11a) when his money is at stake, if you permitted him in a place where he does not make a blemish, he would come to make it in a place where one makes in it a blemish.", + "ובלבד שלא יעשה בו מום – that he will not tear apart the top of his ear or the top of its lips in the place where it is not able to return and be healed, the Rabbis hold all the more so that if you did not permit him in a place where there is no blemish, he will come to make it even in a place where it has a blemish.", + "לא ישחוט עליו – for since and he placed in it [a blemish] until another blemish befalls it.", + "יקיז – [he should draw blood] even in the place where he makes a blemish in it, even he needs to let blood from the same limb and not leave it until it dies. But even though he made a blemish with his hands, he should slaughter it. And the Halakha is according to Rabbi Shimon." + ], + [ + "הצורם (he who makes a slit) – he mutilates/disqualifies. And we are speaking of a Kohen, who slits the ear of the firstling in order that it will be unconsecrated in his hand.", + "הרי זה לא ישחט עולמית – and even if another blemish befell it, because of a fine, because he transgressed and placed a blemish on Holy Things. For a person who places a blemish on Holy Things is flogged forty times (i.e., minus one), and even if he made a blemish upon a blemish. As it is written (Leviticus 22:21): “there must be no defect in it,” it reads, “will not be in it,” that he will not place in it a defect. For it could have been written, “a defect,” but it is written, \"כל מום\"/”there must be no defect,” to include even a defect that he did not place upon it.", + "כשיולד לו מום אחר ישחט עליו – and even on the same defect itself. If it person who placed the defect on it died, his son slaughters it after him on that defect, but the Rabbis fined him (i.e., the original person who placed he defect on the animal) but the Rabbis did not fine his son. And such is the Halakha.", + "ושערו מדולדל – that it was never sheared.", + "קסדור (quaestor) – appointed by the king.", + "מה טיבו של זה- that he left it to be wounded/damaged so much.", + "פגיון – a knife that has two mouths is called a dagger.", + "והתירוהו – even though that the heathen intended to place upon it a blemish. Since that it was without the knowledge of an Israelite/Jew that he did it, he didn’t intend to do something beneficial to a Jew.", + "ראה שהתירוהו והלך וצרם באזני בכורות אחרים – in order to do something beneficial to a Jew, it was done as if the Jew had said to him that he should do it and it is prohibited.", + "היו תינוקות משחקות – and it is necessary to inform us about a heathen quaestor and young children. For if it had taught [only] the quaestor, I might think that it was a heathen that was permitted for one cannot make a decree for perhaps he comes to hand it over to you and to learn how to make a blemish in Holy Things, for we do not care that it is the habit of heathens for it is their custom in forbidden thigs, but a minor, if he permitted him, he would come to hand it over to you, I would say no. But if we taught only regarding young children, I would think that it was a young child that the Rabbis permitted, for one that is appropriate would not come to state also that an adult who cast upon it a blemish would be permitted, for a minor and an adult are not confused/interchangeable, but an adult heathen who comes to switch with an adult Israelite, I would say no. Both are necessary.", + "כל שהוא לדעתו אסור – to include an indirect effect. As for example, that he would cause the animal to walk in a place where there is iron in order that it would trip upon it and a blemish would befall it.", + "ושלא לדעתו מותר – to include that if the Israelite/Jew was making a statement incidentally (i.e., in ignorance of its legal bearing), and states in the presence of the heathen that this firstling if a blemish befell it, that is that we consume it. And the heathen heard and placed upon it a blemish, it is permitted." + ], + [ + "היה בכור רודפו כו' הרי זה ישחט עליו – but the law only applies when he kicked it (i.e., the animal) at the time that of the chase [by the animal of the person], but not when it was not at the time of the chase.", + "הראויין לבוא בידי אדם – that one can say that a person make them (i.e., the blemishes) in it (i.e., the animal), such blinding its eye, cutting off his hand, or slitting its ear.", + "רועים ישראל נאמנים – a Jew who is shepherd of the cattle belonging to a Kohen is believed to state o the blemishes that befell the Kohen’s cattle that they happened on its own, and the Kohen, its owner can consume it with its blemish. But we do not suspect him that perhaps through a person this blemish came intentionally and that this shepherd is lying and he comes to permit it in order that his master the Kohen will slaughter it and feed him from it, for an Israelite/Jew is permitted to eat from the firstling with a blemish when the Kohen gives him [food] from it, for in this we do not suspect him, for a small amount of quaffing like this, we do not suspect that the shepherd would lie and transgress the sin in order for this small quaffing alone (see Talmud Bekhorot 35a – that they are so dependent upon their employers for their bread and butter).", + "רועים כהנים – shepherds who are Kohanim, are not believed when they shepherd the cattle of Israelites/Jews. For this Kohen is suspected that he himself placed a blemish in it, that this shepherd would say, My master did not leave it to me and I will give it to an other Kohen. And the same law applies that the Kohen shepherd is not believed to testify on a firstling of another Kohen, for we are suspicious of doing good to each other, for he held that I will testify for him now and he will do do me a favor when an Israelite gives me a pure firstling, and I will place a blemish in it and this Kohen will testify on my behalf that the blemish befell it on its own.", + "רבן גמליאל אומר נאמן הוא על של חבירו ואינו נאמן של עצמו – Rabban Shimon ben Gamaliel disagrees with the first Tanna/teacher, for he holds that the Kohanim were not suspected other than on the firstling itself for was already given to him by an Israelite, but on that of his fried, whether, his Master/teacher or another, they were not suspected concerning them.", + "רבי מאיר אומר כל החשוד בדבר לא דנו ולא מעידו – and there is a [difference] between the first Tanna/teacher and Rabbi Meir, for according to Rabbi Meir, a firstling belonging to a Kohen that blemish befell it, two from the marketplace have to testify upon it, but one witness, even one who is not a Kohen, does not help. But according to the first Tanna/teacher, especially a Kohen is not believed to testify on the firstling of a Kohen, for we are concerned for doing good to one another, but one who is not a Kohen, even one who testifies is believed to permit it. But Rabban Shimon ben Gamaliel states that even the children and the members of the household of a Kohen are believed, for specifically, only on what is his he is not believed. And his wife is also not believed because she is like is body. And the Halakha is according to Rabban Shimon ben Gamaliel." + ], + [ + "הראיתי בכור זה – to a Sage. And he said to me that this is a permanent blemish and he slaughters it, as long as he has witnesses that he [himself] did not make the blemish. For the Kohanim are suspected of placing a blemish in a firstling in order to sell it or to consume it as unconsecrated meat, but they are not suspected of consuming pure Holy Things outside [of the Temple courtyard] or to state about a temporary blemish that it is permanent. And a Kohen who is a specialist/expert is believed to adjudicate about the blemish of a firstling that it is permanent and/or to permit it. And similarly, a Kohen is believed to state that an Israelite/Jew gave me this firstling with a blemish and he is supposed to reveal if the Israelite/Jew gave it to him with a blemish or not, and it is a matter of business to reveal that people are not lying.", + "הכל נאמנים על מומי המעשר – Kohanim are obligated to separate the tithe for cattle like an Israelite/Jew. And everyone is believed to stated regarding a blemish that was made on the cattle that was tithed that it was not intentional, and even its owners. For since that if he needs to, he would place of blemish in his entire flock prior to to tithing, and it would be found that the tithe has a blemish.", + "שנסמית עינו שנקטעה ידו – that is a prominent blemish.", + "בני הכנסת – that is to say, that they are not Sages. And these words [apply] when there is no individual specialist/expert, but in a place where there is an individual expert/specialist, it is not slaughtered other than by the word of the expert, and even with a prominent blemish. This is similar to the renunciation of vows that in a place where there is an individual expert/specialist, three commoners [on a Jewish court] do not help.", + "אפילו היו שם עשרים ושלשה – even if there was a Sanhedrin in the place, if there isn’t one individual that received permission to permit the blemishes of a firstling, it is not slaughtered by their word, even with a prominent blemish, until there will be a specialist/expert there. But the Halakha is not according to Rabbi Yossi." + ], + [ + "השוחט את הבכור – and sold from its flesh and it became known to us that he had not shown it to a Sage.", + "מה שאכלו – those who purchase its food.", + "ויחזיר להם את הדמים – because of a fine. That he fed them forbidden flesh/meat.", + "מכרוהו – those who purchase it for a heathen, since he did not cause them the prohibition, they will pay him the cost of the torn animal, like it is sold cheaply, and he will return to them the remainder. But regarding a firstling, it is not taught, “they sold it to heathens,” for from a pure firstling is prohibited to derive benefit." + ] + ], + [ + [ + "על אלו מומין. נפגמה – there is no notch without loss, but a slit [in the ear] implies also without loss, and the measurement of a notch is when one makes a notch deep a=enough for the nail to halt on passing over the edge (see Talmud Bekhorot 37b).", + "חסחוס (if the ear is split from the cartilage inwards) – the lobe of the ear which is called TANRUS in the foreign language.", + "אבל לא מן העור- for the distinguished skin is healthy and it is not a blemish and this skin is the soft ear-lap.", + "נקיבה מלא כרשינה – that there is in the cavity of the incision a measurement of the berry of vetch, whether the incision is long or whether it is round, if there is in all of them to combine in its cavity like the measurement of a berry of a vetch, this is a blemish.", + "שתהא נפרכת – it becomes crumbles and broken pieces when they handle it. But the Halakha is not according to Rabbi Yossi. But these blemishes that are considered in our Mishnah, when they slaughter upon them the firstling, we derive from Biblical verses, as it is written (Deuteronomy 15:21): “But if it has a defect,” is a generalization, “lameness or blindness” is a detail, “any serious defect” – it returned to provide a generalization, you do not judge other than what is similar to the detail. Just as the detail explains open blemishes that do not return [to their healthy state], so also, all open blemishes and they don’t return [to their healthy state] (and the Halakha is according to the first Tanna/teacher)." + ], + [ + "ריס של עין- the eyelid of the eye.", + "הרי בעיניו – that is to say, behold that there is in his eyes.", + "דק (cataract; veiled or withered spot in the eye) – TILA in the foreign language.", + "חלזון, נחש – that is an eye-disease, also called נחש (see Talmud Bekhorot 38b), and we call it NAHASH for it is made striped like a snake. And it is additional flesh that is stretched and covers part of the black that is I the eye, and we call it TIFRA in Arabic, like we call the fingernail TIFRA, because it covers the eye in the manner that the fingernail covers the flesh of the finger.", + "עינב (growth on the eye) – that there is in his eye like the berry/grain of a growth.", + "לבן הפוסק בסירא – SIRA/thorn that is a line that is in the eye around the black that from which the vision of the eye comes. But if a white thread comes out from the white that is in the eye and breaks through a line and enters into the black, this is a blemish.", + "שחור ונכנס בלבן – if one black thread comes out from the black that is in the eye and breaks through the thorn, and enters into the white [of the eye].", + "אינו מום שאין מומין בלבן – for it is not the eye, but rather the fat of the eye." + ], + [ + "חורוד (white spots on the cornea/cataract) – like white drops on the eye. The Aramaic translation of white is חיור/white.", + "והמים (rheum)– that descends into the eye and prevents the seeing.", + "הקבועים – it refers to both, to the white spots on the cornea and the water/rheum.", + "בודקין אותו שלשה פעמים בתוך שמונים יום – on every twenty-seven days which is one-third of the time of eighty days, approximately, we examine it if the cataract/white spots on the cornea went away. And if it it went away, even though it returned, we count eighty days from the day that it returned, for it isn’t lasting white spots on the cornea/cataracts until it stands for eight days. But if he did not examine it within the eighty [days], even though the cataracts/white spots on the cornea are found there on the eightieth day, it is not a blemish, lest in the meanwhile, it went away and then returned. And the Halakha is according to Rabbi Hanina ben Antigonus.", + "אלו הן מהם הקבועים – meaning to say, how do we know if it lasting or transitory?", + "אכל לח ויבש של גשמים – if they fed it straw and leeks for medicinal purposes that we call FINEO in the foreign language.", + "לח – that grows in Adar and half of Nisan.", + "ויבש- that grows in Elul and half of Tishrei.", + "של גשמים – that is that grew in a field sufficiently watered by rain and requiring no artificial irrigation. But our Mishnah is deficient and should be read as follows (see Talmud Bekhorot 38b): If it ate moist (i.e., that grew during Adar and half of Nisan) and dry (i.e., that grew during Elul and half of Tishrei) of a field regarding a field naturally watered by rain, it is a blemish; if it was a field requiring irrigation, it is not a blemish. But if it is a field naturally water by rain, [if] it ate dry (i.e., that grew during Elul and half of Tishrei) and afterwards, it ate moist (i.e., that which grew during Adar and half of Nisan) it is not a blemish until it would eat dry (i.e., that which grew during Elul and half of Tishrei) after that which is moist (i.e., that which grew during Adar and half of Nisan).", + "של בית השלחין - land that requires watering it is not for medicinal purposes, and we don’t examine it.", + "אכל יבש ואחר כך לח- for medicinal purposes, this is not its cure, and even though he was not cured through it, it is not a blemish.", + "עד שיאכל יבש אחר הלח – this is the manner of his cure, straw and leeks that grow in Adar and half of Nisan, we feed it during Adar and half of Nisan, but straw and leeks that grew in Elul and half of Tishrei, we feed it in Elul and half of Tishrei. For we don’t slaughter it until all the days of the summer have passed and we examine it at both times, and if it was not cured, it is a blemish, and it (i.e., the animal) needs to eat from them no less than a dried fig during each and every meal all three months at the beginning of the meal and after it drank, and it would not be tied at the time that it eats these grasses for medicinal purposes, and there wouldn’t be an individual [animal] but with its fellows, in the field and not within the city. And if it fulfilled all of these conditions and was not cured, it is a blemish and we slaughter it." + ], + [ + "חוטמו שניקב וכו' – and this is where the outer partitions/walls of the nose were perforated, that the perforation is seen from the outside. But [if] it is not seen other than from inside, as for example, when the partition that divides the nose was perforated, it is not a blemish, for it is secret, and we derive from [the principle] of a generalization and a specification, that we require blemishes that are revealed [in the open].", + "שנפגם – and it has something missing/lacking.", + "שנסדק – but there is nothing lacking/missing. And the measurement of the notch/incision, in order that the fingernail can encircle it.", + "שפתו – the outer row/line of the lip [of the firstling], meaning to say, the outer point/thin part.", + "חיטיו החיצונות – the teeth that are in the middle of the mouth.", + "שנפגמו – that are missing.", + "נגממו (incisors are broken off/levelled with the gums) – squashed beyond recognition -, and there doesn’t remain from them other than a small mark/trace, and they don’t protrude like they are accustomed to be.", + "הפנימיות – the large teeth that we call MASHILASH, that were completely uprooted. But if they were damaged or worn down/levelled, it is not a blemish.", + "אין בודקין את המתאימות ולפנים – the large teeth that one appears like two [teeth] and are made like twins. From there and inward it is not considered a blemish because it is in secret. But they themselves, when they were uprooted, are not a blemish. But the Halakha is not according to Rabbi Hananiah (Hanina in the Mishnah) ben Antigonus." + ], + [ + "זובן (bag which contains a male animal’s membrum) – the case/casket that the sinew of the cattle is hidden/covered in). When it is damaged/mutilated, it is a blemish because it does not return healthy, but if it was removed it is not a blemish, for it returns to its normal condition.", + "עריה של נקבה (genitals of a female animal) – pudenda that protrudes outward and appears on the rest of the area of the body.", + "במוקדשים – in the rest of Holy Things that have in them female [animals] as for example, peace offerings, for whereas regarding the firstling, there isn’t a female.", + "אבל לא מן הפרק (but not at the joint) – that is damaged between the joints a long ascent, when all of the tail has not been severed.", + "או שהיה ראש הזנב מפציל את עצם – the head of the tail is suspended below, the flesh and skin is peeled and the boney remains uncovered, it still is not a long ascent, since it is the head of the vone.", + "מפציל – that it was peeled/split off. Another explanation- that the tail was divided at its end to two tails and there is a bone in each of them.", + "ובין חוליא לחוליא מלוא אצבע – that the vertebrae/links of the tail are far from each other, the distance of a finger’s breadth, which is the width of a thumb." + ], + [ + "אין לו ביצים או אין לו אלא ביצה אחת – Our Mishnah is deficient and this is how it should be read (see Talmud Bekhorot 40a): It (i.e., the animal) doesn’t have two testicles in two sacks, but rather [only] in one sack; alternatively, two sacks and one testicle, behold this is a blemish.", + "ר' ישמעאל אומר אם יש לו שני כיסים – He is disputing the concluding clause, for the first Tanna/teacher states if it doesn’t have anything other than one testicle and two sacks, it is a blemish, but this is not the case, for whenever it has two sacks, it is certain that it has two testicles. But on the first clause, he admits/agrees that where it doesn’t have other than one sack, it is like someone that doesn’t have anything other than one testicle.", + "רבי עקיבא אומר- we certainly don’t say this, but rather, we have the reading, “he sets it on its buttocks and squeezes [its testicles]. And its example is found in the chapter [five of Tractate Eruvin 53b]: “How did they augment towns?” – is it (“sets it on its buttocks”) taught עכוזו (with an AYIN) or is it taught אכוזו (with an ALEPH)? [It is taught] עכוזו (i.e., with an AYIN) – they set the firstling on one rump/buttocks (though it could mean the genitals), for he has only one genital in two sacks.", + "וממעך (dissolve by rubbing/crushing) – and feels the sack and the groin.", + "אם יש שם ביצה אחת סופה לצאת - but if it does not come out, it is a blemish.", + "והתיר רבי עקיבא – that it is a blemish, for he did not find it (i.e., the genital in its place when he crushed it/rubbed it and felt it and. And such is the Halakha." + ], + [ + "בעל חמש רגלים או שלש – but that we calculate it as a blemish and not as “torn,” these words [apply] when it has more or less in its hands, that is, those of the side of the head, but missing a foot or having an additional foot from its back feet , it is a “torn” animal, and it is prohibited to be consumed.", + "קלוט (an animal with un-cloven hooves – a sign of uncleanness – born of a clean animal, a monster or a hybrid) – round, and even if they are slit/cloven – it is a blemish, for the split hooves of an pure animal are not round.", + "שחול (an animal with a dislocated hip) – that its thigh/haunch is detached. The Aramaic of “I drew him [Moses] out [of the water]” (see Exodus 2:10) is שחלתיה /”I drew him out.”", + "כסול (an animal with a deformed hip) – it is the manner of an animal that the thigh/haunch is attached to the fat-tail near the groin, but not above from the grown, and in this one, the thigh/haunch is upon the groin." + ], + [ + "אף על פי שאינו ניכר – when it (i.e., the animal) stands, the break is not seen, but it is recognized when it walks that it limps, for it is not recognized at all, it is not a blemish.", + "מומין אלו – bone of the foreleg or the bone of the hindleg that were mentioned above.", + "אילא – the name of a Sage.", + "עגול כשל אדם – that it is not the manner that the roundness of the eye of an animal is like that of a human.", + "רוב המדבר – that is that part of the tongue that is not attached to its jaws.", + "ובית דין של אחריהן אמרו הרי אלו מומין – and such is the Halakha." + ], + [ + "מעשה שהלחי התחתון – because it is taught above (see Tractate Bekhorot, Chapter 6, Mishnah 8) that its mouth (i.e., of a firstling animal) is similar to that of a pig, the Rabbis argue with [the opinion] of Illa, it comes to tell us that now the Rabbis do not dispute it other than regarding its upper lip which is stretched over its lower [lip], but [if] its lower lip is stretched over the upper[lip], the Rabbis admit/agree that it is a blemish. And also the story regarding the lower jaw that stretches over the upper [jaw], and the Sages stated that this is a blemish. These words [apply] when the bone of the lower jaw stretches over the [bone of] the upper [jaw], then it is a blemish even in an animal. But if it lacks a bone but rather that its lower lip is longer and receives the upper lip, it is blemish in a human but not in an animal.", + "אזן הגדי שהיתה כפולה – that it has two ears from one side, an ear within an ear.", + "בזמן שהיא עצם אחד – and it has only one earlobe, in which the upper earlobe is doubled inside it and combined below, it is a blemish.", + "ואם אינה עצם אחד – the earlobes are differentiated/separated above.", + "אינו מום – but the reason is not explained. But nevertheless, it is not similar to an animal (i.e., a firstling) with five feet, for an ear within an ear is not seen all that often.", + "שהיא דומה לשל חזיר – round like the tail of a pig, and even though it is not thin like it.", + "שלש חוליות – it is specifically in the tail of a lamb that we require three vertebrae [of the spinal column], but the tail of a kid, one vertebrae alone is a blemish, two are not a blemish. And such is the Halakha." + ], + [ + "יבלת (wart) – POROSH in the foreign language. And even if its is the white of he eye, and it has hair, it is a blemish.", + "ושנפגם עצם ידו- that the blemish is known. And above, we are speaking about when it is broken.", + "ושנפסק עצמו שבפיו – that the teeth are set in it. It (i.e., the Mishnah) is speaking of above the sinews. For if it is the sinews themselves, which are the teeth themselves that are in the middle of the mouth, but it is taught above (see Tractate Bekhorot, Chapter 7, Mishnah 4): “if the incisors are damaged or worn down, it is a blemish.”", + "עינו אחת גדולה – like that of a calf.", + "ואחת קטנה – like that of a goose.", + "במראה – that it appears to all that this one is larger than the other one.", + "אבל לא במדה – that it is not recognized other than by measurement, it is not a blemish.", + "ולא הודו לא חכמים – with Rabbi Yehuda. And the Halakha is according to the Sages." + ], + [ + "ערקוב (the inner part of the knee/inner angle of the joint which unites the thigh and the leg of the animal) – to the upper tie which is the place of the connection of the thigh with the foreleg. But corresponding to it in a camel it is recognized that it has corresponding to this upper leg from under the hip-bone to the ankle (i.e., the knee and the surrounding parts), this bone protrudes outward.", + "כל מרבית העגלים כן (through the whole period of growth of calves it is so) – all of the growth of calves and their custom – is that their tails reach the inner part of the knee [therefore, less than this it is a blemish], and when they are grown up, they (i.e., the tails) extend/stretch below.", + "שבאמצע הירך – this is the upper joints/hams of the knee that I explained which correspond to that of a known camel.", + "על אלו מומין שוחטין את הבכור – even though it is taught in the beginning of our chapter (see Mishnah 1 of this chapter), “on account of these blemishes they slaughter the firstling,” it returns and teaches it again here, because it is taught three, it adds, etc. and they said to him: we did not hear of these” (see Mishnah 8 of this chapter), he reviewed them and generalized them to state that even on these blemishes, they slaughter [the firstling]." + ], + [ + "לא במקדש – because they are not appropriate, for one does not offer up in the Sanctuary any other than the most choice.", + "ולא במדינה – that they are not lasting/permanent to release them from their sanctity, but rather we set them aside until another lasting blemish befalls them and they are slaughtered for it.", + "גרב (itch) – a kind of moist boil from without and from within. And the boil mentioned in the Torah is a blemish, for it is a dry boil.", + "יבלת (wart) - on the white of the eye and it has no hair in it. But above (see Mishnah 10 in our chapter) when we considered blemishes that we slaughter [the firstling] we were speaking about when it has hair.", + "ובעל חזזית – there are two varieties of lichen. The Egyptian lichen is the lichen written of in the Torah which is moist from the outside and dry from the inside, and it is a blemish that does not return to health, and the Master stated (see Talmud Bekhorot 41a) – Why is it called lichen? Because it continues to cling [to the body] until the day of death, but the lichen that is taught here is a kind of boil that has a cure.", + "ומזוהם – that a bad smells goes out from it.", + "ושנעבד בו עבירה - (see Tractate Zevakhim, Chapter 8, Mishnah 1) that it (the firstling) had sexual relations with a woman or that it put a man to death with the testimony of one witness, for there is only witness - neither with carnal connection with beasts nor with goring.", + "או על פי עצמו – that there is no witness there at all, but the owners stated that we saw it (i.e., the firstling) that it had copulated in an unnatural way or that it put someone to death, it (i.e., the animal) is not stoned by their word. For if there were two kosher witnesses testifying in the matter, the bull would be stoned, and it is prohibited to derive benefit from it.", + "וטומטום ואנדרוגינוס – that they are doubtfully male and are Holy, doubtfully female and not holy.", + "אין לך מום גדול מזה – it is referring to the beast of double sex, that in the place of females, it is like a blemish, for it is like firstling with a blemish, and it is slaughtered in the provinces, and it is prohibited to use its shearing and its labor.", + "וחכמים אומרים אינו בכור – it is a creature of its own kind. And it may be sheared and worked. And the Halakha is according to the Sages." + ] + ], + [ + [ + "מומין אלו – that invalidate the firstling, invalidate the Kohen in his Divine service, whether they are permanent or transient all the while that they are upon him.", + "הכילון (one whose head has the shape of a basket/wedge shaped – see Talmud Bekhorot 43b) – that his head is pointed from above and wide below. And it is similar to the covering of a wine jug which is called an אכלה (or אוכלא/basket or אובלא/perforated trough – vessel made of willow trigs) – therefore it is called a כילון.", + "והלפתן (turnip-shaped) – that his head is similar to a turnip, that it is wide from above and becomes narrower from below.", + "מקבן (one whose head is mallet-shaped – see Tractate Bekhorot 43b) – that his head is similar to a mallet, in that the forehead protrudes outward and similarly, his neck from behind him, but his temples are even with his head, and he is similar to a hammer – that is a mallet that goes forth from before him and from behind him.", + "ושראשו שקוט (whose head is abruptly bent, angular; forehead receding abruptly – see Talmud Bekhorot 43b) – This is our reading. There are those who explain that his head protrudes greatly, and extends outward towards his face. But there are those who explain that it does not protrude at all in front of him, like the matter that it leaps from behind him, that his head does not protrude from behind him at all, and that he is lacking, that it is similar to one that a piece of him is severed from behind him. But the language of שקיפס, is that of a lump of brittle stone that was thrown at it (an idolatrous statue) [see Sanhedrin 64a), that a piece from him was taken. And in the Tosefta it counts also a sunken neck/צואר שקוע, that his head is placed between his shoulders and it is similar to one who has no neck.", + "ובעלי החטוטרת ר' יהודה מכשיר – that when he has a bone in the hump/hunch, everyone does not dispute that it is a blemish. But they dispute, when it doesn’t have a bone. Rabbi Yehuda holds that it is a mere piece of flesh, but the Rabbis hold, as Scripture States (Leviticus 21:21): “No man among the offspring of Aaron the priest who has a defect [shall be qualified to offer the LORD’s gift],” those who are fit within the seed of Aaron shall serve, but he who is not fit among the seed of Aaron shall not serve. And the Halakha is according to the Sages." + ], + [ + "ואם יש לו הרי זה כשר – and he that should have a row of hair that surrounds from ear to ear from behind him, but not from in front of him. For it is of greater beauty when he has it from behind him but not in front of him more than when he has it (i.e., hair) around all of the head and in the middle it is bald. And all the more so, when he has it (i.e., hair) in front of him, but not behind him, that he is disqualified.", + "גבינים – eye-brows.", + "שגביניו שוכבים – that the hair of his eye-brows is long and hanging down over his eyes.", + "מי שיש לו שני גבים ושתי שדראות – not that he actually has two backs, for that [person] does not exist. But, as for example, that his backbone is curved and appears like many backs and backbones. And everyone admits that these blemishes that are considered by these Tannaim/teachers are blemishes, and only the implication of their expounding is what is differs between each of them, for each one holds that the blemish that he counts is the גבן /hump-backed (or one having defective eye brows) that is the \"גבן\" of the Torah (i.e., Leviticus 21:20: “or one who is a hunchback, [or a dwarf, or has a growth in his eye, or who has a boil-scar, or scurvy , or crushed testes].”" + ], + [ + "כוחל שתי עיניו כאחת (he who paints his two eyes in one movement) – that his nose that is between his eyes is sunk and it does not protrude at all, until when he comes to remove the staff used for painting the eye, he is able to stretch the staff used for painting the eye between each eye, but the nose does not prevent it.", + "שתי עיניו למעלה – at the height of the forehead which is not like the rest of people.", + "ושתי עיניו למטה – from the place where they are accustomed to be.", + "עינו אחת למעלה – from the customary place.", + "ואינו אחת למטה – from the customary place.", + "רואה את החדר ואת העליה כאחת – that his eyes stand in their appropriate place, but one of his eyes sees above and his other eye sees below, the room below and the attic above, and anyone who sees crooked that he is speaking with his fellow and it appears as if he is looking into the face of another person.", + "סכי שמש (squinting, cross-eyed) – that when he wants to look into the sun, he closes his eyes and closes his eyelids (see also Talmud Bekhorot 44a, where Rabbi Yose changes it to read – סני שמש/who hates the sun, blinkard).", + "זגדוס (unmatched; one with an unequal pair of eyes or eye-brows) – a זוג /pair is two; דוס in the Roman language is two. Meaning to say, the pair of eyes or the eyelids of the eyes which are customarily equivalent are divided into two matters. As for example, his one eye is black and the other is a kind of tekelet/blue-green. In one of his eye brows there is a lot of hair and in the other, a little. And similarly, in all of the other pairs of limbs, each pair is not similar to each other. He is called a זגדוס.", + "צירן (one whose eyes discharge a briny liquid, bleary-eyed) – whose eyes flow with tears, dripping or always running (see Talmud Bekhorot 44a).", + "שנשרו ריסי עיניו – that the hair fell from his eye-lashes.", + "מפני מראית העין – but it is not a complete blemish. And these words [apply] when there remains in his eyelashes a trace of hair, but if there doesn’t remain even the slightest trace of hair, behold it is a complete blemish. And similarly, if there is a lot of hair in the eye-lid with eye-lashes it is a complete blemish. But there are three laws allotted in the blemishes of a human being. There are equivalent blemishes in man and beasts, a Kohen who transgressed and served with them is flogged and his Divine service is profaned. But the additional blemishes in a person that are not found in animals, a he is flogged but if he served, his Divine service is not profaned. But the blemishes which are on account of being repulsive to look at (i.e, appearance’s sake) if he transgressed and served [in the Temple], he is not flogged, and there is no need to state that his Divine service is profaned." + ], + [ + "גופו גדול מיבריו – the measurement of his body is larger than appropriate according to the measurement of the remainder of his limbs, as for example, his hands, and his feet and his legs.", + "חוטמו גדול – the measurement of his nose is like the measurement of a small finger of his hand. But if it was long than this or shorter than this, it is a blemish.", + "דומות לספוג – shrunk and closed up." + ], + [ + "דדיו שוכבים – large [breasts] until they appear as if they lie like the breasts of a woman.", + "נכפה – it falls on account of illness (i.e., epilepsy).", + "אפילו אחת לימים – that it doesn’t regularly fall, but rather one time in a long while.", + "רוח קצרית (a person subjected to asthmatic spells) – that his breath is short on account of black [gall/bile] that overcomes him periodically, and he remains without any sensation.", + "המאושכן (one having large testicles – see Talmud Bekhorot 44b) – that the sack of his testicles is long until it reaches the leg from under the hip-bone to the ankle, whether it is swollen on account of wind or on account of moisture.", + "ובעל גבר – membrum genitale (i.e., the penis). That his membrum virile became long and became large until it reached the leg from under the hip-bone to the ankle.", + "שנמרחו אשכיו- that his testicles became crushed.", + "שרוח באשכיו – and through this, his testicles are swollen/blown up.", + "שמראיו חשוכין – that it is dark. And even though it is not black like a Cushite. And the language [of the words] \"מרוח אשך\"/crushed testes (see Leviticus 21:20), its complexion is dark. But Scripture is not referring to the testicles. But in the essence of the law, there is no dispute, for each one of them (i.e., Rabbi Yismael, Rabbi Akiba and Rabbi Hanina ben Antignos) agree that a blemish that his fellow counts is a blemish. But they did not disagree other than in the explanation of Scripture, and the homiletical implications divide them." + ], + [ + "המקיש בקרסוליו – that his knees are curved outwardly and his ankles inwardly and they strike against each other when he walks. Or he strikes with his knees -this is the opposite, that his legs are curved towards the outside and they are distanced from each other until that his [curved] knees are above towards the inside, striking each other.", + "בעל הפיקין והעיקל (swellings and bandy-legged) – and he explains עיקל/bandy-legged in the first clause [of the Mishnah].", + "כל שהוא מקיף פרסותיו – when he sits and brings close the soles of his feet one to the other.", + "ואין ארכובותיו נוגעות זו לזו – that they are curved towards the outside. And someone who has swelling/a lump that the swelling goes out from his great toe, a piece of flesh is round like a swelling/lump goes out from the thumb of his hand or from the great toe of his foot.", + "עקבו יוצא מאחוריו (his heel juts outward) – as for example, that his foreleg stands in the middle of his foot, that half of his foot is towards the inside and half of his foot is towards the outside/back.", + "רחבות בשל אווז – they are weekend like that of a goose and their length is not not greater than their width.", + "קלוטות – attached to each other (i.e., webbed)", + "עד הפרק – the middle [joint] of the toes.", + "למטה מן הפרק – that is to say, to the side of the nail that is entirely attached.", + "וחתכן- that they will be separated/divided, it is kosher/appropriate.", + "היתה בו יתירה – an extra toe.", + "אם יש בה עצם פסול – for since he severed it, it is lacing a limb that is found in it.", + "שש ושש עשרים וארבע – meaning to say, even if the fingers of his hand and the toes of his foot were equivalent, that on each hand and foot there are six [digits] apiece, even so, the Sages disqualify it. And all the more so if there were on one of its hands five [digits] and in the other hand six [digits], that is an even greater blemish. And the Halakha is according to the Sages.", + "השולט בשתי ידיו רבי פוסל – for he holds the weakness that he was born with was in his right hand.", + "וחכמים מכשירין – they hold that he has (unusual) strength which happened to rest in the left hand (see Talmud Bekhorot 45b). And the Halakha is according to the Sages.", + "הכושי – the black [person].", + "הגיחור (red-spotted in the face) – red like a purple garment.", + "הלבקן – extremely white (i.e., albino)", + "והקפה – long and thin, that is not thick according to its length, and he is ugly and reprehensible.", + "והשכור – but not from wine, it is considered like a blemish from the greatest blemishes in a person, for if he performed Divine Service, he is flogged, and his Divine Service is not desecrated. But the drunkard from wine and alcohol, if he served, he has profaned/caused the loss of priestly status. For in the portion of those who drink wine it is written (Leviticus 10:10): “for you must distinguish between the sacred and the profane,” and someone who is drunk of our Mishnah is not one other than having drunk a great deal of wine or much honey, or that ate cakes of twisted pressed figs, and his mind became confused. These are considered like having blemishes and they do not profane the Divine Service.", + "ובעלי נגעים טהורים – as for example (Leviticus 13:39): “it is a tetter broken out on the skin” or (Leviticus 13:13): “for he has turned all white.” For if it was from impure Negaim/plagues (or suspected leprosy), it is not necessary to state it, for even with his entrance into the temple courtyard, he is liable for extirpation.", + "דלדוליו (persons or animals afflicted with large warts) – like pieces of flesh that come out and suspend in them. And the Halakha is according to Rabbi Eliezer ben Yaakov." + ], + [ + "אותו ואת בנו – a father and son who are Kohanim perform Temple service on the same day and at the same time. But the progenitor and his offspring of animals are not offered up on the same day (see Tractate Hullin, Chapter 5, Mishnah 1).", + "וטריפה – that was born with one of the signs of a (fatal) organic disease -which are delineated in the chapter [three – Tractate Hullin] “These are the Treifah carcasses” (see Mishnah 1 – regarding cattle, and Mishnah 3 among fowl), which is not offered on the Altar.", + "ויוצא דופן – that they tore open its mother and removed it while living. With an animal, it is disqualified from being offered, for it is written (Leviticus 22:26): “[When an ox or a sheep or a goat] is born, [it shall stay seven days with its mother, and from the eighth day on it shall be acceptable as an offering by fire to the LORD],” excluding that which is born from the side (i.e., Caesarean birth). But with a Kohen who offers [having been born by Caesarean section], he is not disqualified though this.", + "הנושא נשים בעבירה – a Kohen who married a divorcee or the female’s issue of a priest’s illegitimate connection/ a priest’s wife illegitimately married to him or a prostitute unfit to marry a priest, he takes a vow and serves [in the Temple]. Even though he has not yet divorced [her], he is permitted to serve after he vowed that he will not benefit from her and she will not benefit from him until he divorces [her]. And he shall take the vow with the knowledge of the community which has no releasing [of the vow] other than for the performance of a Mitzvah. And we should not suspect lest he will go to a Sage and state that for the need of a particular Mitzvah, he asks of him that he should release him from his vow, for since we hold that a person who goes to release his vow must explain upon what he has taken a vow, certainly when the Sage heard that it was because she is a divorcee or a prostitute, that she is forbidden to him through a vow, he will not permit his vow.", + "עד שיקבל עליו שלא יהא מיטמא למתים - here it is enough for him with acceptance, for we don’t force him to take a vow [of deriving benefit] like concerning the sinful marrying of [forbidden] women, because there, his [evil] inclination overpowers him, [whereas] here, regarding [corpse] defilement, his [evil] inclination does not overpower him. Therefore, with mere acceptance, it is sufficient for him." + ] + ], + [ + [ + "יש בכור לנחלה – to take a double portion (see Deuteronomy 21:17).", + "ואינו כבו לכהן – to give to a Kohen his redemption price of five Selas (see Numbers 18:16).", + "הבא אחר הנפלים – as for example, that they were twins. One of whom was premature that his months [of fetal development] were not finished for him, and [the other one], whose months [of fetal development] were completed for him, but the premature one whose months [of fetal development] were not finished for him, his head came out alive and he retracted himself, and his [twin] brother preceded him and went out. This latter [of the two] is the first-born for inheritance, for the first one [whose head came out alive] did not cause him to suffer loss, and even though the exodus of the first [fetus] is considered to be a valid birth. And the reason, because it is written (Deuteronomy 21:17): “since he is the first fruit of his vigor,” that [child over whose death] the heart of the father is grieved (see Tractate Niddah 23b) if he (i.e., the child) dies, this excludes the premature [child] whose head came out first, who is not a viable child, [he] is one whom the heart of the father is not grieved for. But in regard to the opening of the womb (i.e., being the first born/first birth), this [latter] child, for the All-Merciful assigned, but the first [child whose head had exited the womb], was the firstborn of the womb.", + "ובן תשעה מת שיצא ראשו – and went back inside [the womb], and his brother came out [fully first], is the first-born for inheritance. But he is not considered the first, for his father is not grieved for him, but regarding the Kohen [for the redemption of the first-born], he is not the first-born of the womb. Ut if his head came out first alive at the age of nine [months] and afterwards, he was restored [to the womb] and [subsequently] died, he that comes after him also is not the first-born for inheritance.", + "וכן המפלת בהמה כו' – it is not considered to be exempted from inheritance, for the heart of the father is not grieved for them. But it is the first-born of the womb.", + "וחכמים אומרים עד שיהא בו מצורת אדם – it is not considered the firstborn after the womb, and the one who comes after him is a first born for a Kohen (i.e., requiring redemption by his parents). And the Halakha is according to the Sages.", + "סנדל (a flat, fish-shaped abortion -see Tractate Niddah, Chapter 3, Mishnah 4) – a piece of flesh made in the image of a sandal/flat fish, and it lacks the form of limbs, and regularly comes together with the child. But the language of סנדל has explanations/commentaries that are hated and poor.", + "או שליא – that there is no placenta without a child but that it is softened. But however, it is the opening of the womb.", + "ושפיר מרוקם (fully-formed fetus)– a piece of flesh that is has the articulated shape of the form of a fetus. And because it is made like an egg-shell, it is called a sack of a fetus.", + "והיוצא מחותך – that it is severed limb by limb and in this manner it all came out. But if the head is severed, it was not the first of the womb if his brother preceded and came out before the coming out of most of the limbs of the severed one, and it would be also be a first born for the Kohen.", + "שכבר ילדה - that in regard to inheritance of the father, it is written (Deuteronomy 21:17): “the first fruit of his vigor”, but regarding the Kohen, the All-Merciful depends upon the opening of the womb (see Exodus 13:2 and 12).", + "עודה שפחה – even if she is still a heathen maid-servant at her first birth and was freed now. Or [if] she was a heathen and converted but when she came into the hand of an Israelite, she gave birth, also [the child] is a first born for inheritance, for he had not [yet] had children.", + "רבי יוסי הגלילי אומר בכור לנחלה ולכהן – for the sons that are born while she was a heathen do not open the womb. But the Halakha is not according to Rabbi Yossi HaGelili.", + "נתגיירה מעוברת – and her husband is with her and she gave birth. Behold that child is a firstborn for a Kohen, for he is the firstborn of the womb for an Israelite, but not for inheritance, for since his conception is not in holiness (because she was not yet a Jewish woman at that time), he is not eligible for inheritance, for he is the seed of an idolater, the All-Merciful declared him free/ownerless, as it is written (Ezekiel 23:20): “[she lusted for concubinage with them, whose members were like those of asses] and whose organs like those of stallions.”", + "וילדה היא וכהנת – a Jewish woman who had never given birth and daughter of a Kohen who had given birth, and it is not know which of them (i.e., the babies born) was the child of an Israelite woman.", + "או היא ולויה – for a Levite woman, her son is also exempt from the five Selaim, as we stated in the first chapter (see actually, Tractate Bekhorot, Chapter 2, Mishnah 1).", + "או היא ואשה שכבר ילדה – and it is not known which is her son (as the babies had been mixed up).", + "כבור לכהן – and the husband of the woman giving birth for the first time is liable for the five Selaim to the Kohen [for redemption of their first-born son], for the male child has [responsibility] all that he has.", + "ולא לנחלה – for he did not know the son of whom it is.", + "וכן מי שלא שהתה כו' – he is the first-born for a Kohen. And he will redeem himself. But not for inheritance for he does not know who conceived him. And even like an heir entitled to a single share he was not conceived, for this one (i.e., one child) supersedes him regarding this (i.e., entitlement to being a first-born) and that one (i.e., a different child) supersedes him regarding that (i.e., level of inheritance). But our Mishnah which teaches that he is not [the first-born] for inheritance purposes, it states regarding who comes after him, for the one who comes after him is not the first born for inheritance, for perhaps there is doubt if he is the son after him (see Talmud Bekhorot 47b).", + "מלא גנינים ([an abortion consisting of] a bag full of a many-colored substance – see also Tractate Niddah, Chapter 3, Mishnah 3 and Niddah 24b) – many colors. Another explanation – worms. That the fetus is made completely of many small, thin pieces similar to worms.", + "דגים וחגבים – they are not offspring, for it was not stated about them a creation like a human.", + "יום ארבעים – from when she became pregnant, it is merely water, and there isn’t an embryo until the day after the fortieth day, for on the fortieth day is the creation of the embryo." + ], + [ + "יוצא ��ופן והבא אחריו – [the second one] through the womb. As for example, that they tore the woman when twins were in her stomach, and after that they removed the first of them through the wall (i.e., by means of Caesarean section, the second left [the womb] through the womb. But to remove an offspring from the woman through the wall [i.e., via Caesarean section] and when the woman would heal, she would once again become pregnant and give birth [naturally]. Maimonides wrote that this is impossible.", + "שניהם אינן בכור – the first [child born] is not a firstborn for [a double-portion of the] inheritance, for we require (Deuteronomy 21:15): “[If a man has two wives, one loved and the other unloved,] and both the loved and the unloved have born him sons, [but the first-born is the son of the unloved one].” The second is also not the first-born, for we require (Deuteronomy 21:17): “the first fruit of his vigor.” And the first born for a Kohen – the first is not, for we require (Numbers 18:15): “the first issue of the womb.” And the second [child born] is also not the first born for the Kohen [to be redeemed with five Selaim], for [the child] is the first-born of the womb and not the first born for offspring as for example, this one that was the offspring prior to this is not a firstborn.", + "רבי שמעון אומר הרשון לנחלה – he holds that (Deuteronomy 21:15) “have born [him sons],” that even for that comes out from the wall (i.e., Caesarean section) is implied.", + "והשני לחמש סלעים – he holds, [that child] is the firstborn for the womb, even though he is not the first-born for offspring which is a firstborn. But the Halakha is not according to Rabbi Shimon." + ], + [ + "וילדה שני זכרים נותן חמש סלעים – that one of them is a first-born male.", + "האב פטור – that he is able to state that the firstborn died. But when the son died prior to [the age of] thirty days [old], he (i.e., the father) is not liable for the redemption [of the first-born son]. But now when the matter is in doubt for perhaps the first-born son died and he (i.e., the father) is exempt, or perhaps, the one who remains is the [actual] first-born son and he (i.e., the father) is liable [for the child’s redemption]. The Kohen removes [the money] from his fellow, for the burden of proof is upon the claimant. And the same rule applies when the remaining son is exempt from redeeming himself when he will be an adult.", + "מת האב – after thirty days [of fathering a son].", + "ואם לאו פטורים – for Rabbi Meir holds that the brothers who divided the possessions of their father, they have the law of the bought property (especially – mortgaged property sold), because there is no retroactive designation (though generally, it is accepted with regard to questions of rabbinic law, but not with regard to maters of Torah law) to each one [of the sons] on his inheritance, but they are as if each purchased from the other his portion and these five Selaim were the obligation of their father as a loan by mouth, but a loan by mouth is not collected/paid from the bought property, therefore, if they divided it up until they didn’t give it, they are exempt.", + "רבי יהודה אומר נתחייבו הנכסים (i.e., the estate is liable) – for he holds that the brothers who divided [the property] are inheritors and there is retroactive designation to state that each one merited in his portion, and a loan by mouth one collects from the inheritors. And the Halakha is according to Rabbi Yehuda.", + "זכר ונקבה אין כאן לכהן כלום – for one can say that the daughter came out first, and the burden of proof is upon the claimant (see Tractate Bava Kamma, Chapter 3, Mishnah 11)." + ], + [ + "שתי נשים – of one man/husband, and they gave birth to two male [children] in a hiding place, that were mixed up.", + "אם לכהן אחד נתן – for the redemption of both of them, the Kohen would return to him five Selaim, for the one of them (i.e., the babies) died within thirty days [of birth], and the matter was revealed that he was premature/not a viable birth, and that he took [money] not according to the law.", + "אין יכול להוציא מידם – for each one of them (i.e., the individual Kohanim) can supersede him and say, “I am taking possession of them (i.e., these five Selaim) for the redemption of the living [child].", + "או שני זכרים ונקבה – his wives gave birth in a hiding place.", + "נותן חמש סלעים לכהן – whichever way you turn, one of them is a first-born male; if one of the wives gave birth to two male [children], the first one is a first-born, but if one of them gave birth to a male and a female, it is found that her partner gave birth alone to a male, and he is the first born, and the one that is with the female is exempt, perhaps, the female came out first.", + "אין לכהן כלום – that one is able to say that the girls came out first and there is no first-born male here.", + "", + "נתנו עד שלא חלקו כו' – as I explained above (in Mishnah 3 of this chapter). And the Halakha is according to Rabbi Yehuda.", + "זכר ונקבה – one can say that the wife that had not given birth gave birth [first] to a female, and there is no first-born [male]." + ], + [ + "מת אחד – one of the offspring.", + "יחזיר להם חמש סלעים – and the two fathers can divide it, and these words [apply] when one of them wrote a power of attorney/authority to his fellow, for when one of them goes to the Kohen [the other] supersedes him/pushes him aside to stay that your son is the living one.", + "זכר ומקבה האבות פטורים – for each one of them (i.e., the fathers) said to the Kohen, the female child is mine.", + "והבן חייב לפדות את עצמו – since nevertheless, he is a first-born [male son].", + "שתי נקבות וזכר – one can say, that the one [wife] gave birth to a female child and the other [wife] to a male child and a female child, but the female child came out first. Therefore, the Kohen does not have anything. And similarly, two male children and two female children (i.e., the female children could have been born first in each case)." + ], + [ + "אחת בכרה ואחת שלא בכרה וכו'. אין כאן לכהן כלום – for one can say that the one giving birth for the first time gave birth to a female child.", + "מת הבן בתוך שלשים יום – we are speaking of certain firstborns.", + "יחזיר – for he was not a viable birth/premature, and he is not liable for redemption [of the first-born son] until after thirty days (see also Tractate Arakhin, Chapter 5, Mishnah 4) and Talmud Arakhin 51b).", + "מת בשיום שלשים כיום שלפניו – and even though he had given him (i.e., the Kohen) [the money], he should return it, for we learn [through an analogy of a Gezerah Shavah] of [comparing the usage of] חודש חודש in the Book of Numbers, it is written here (Numbers 18:16): “Take as their redemption price, from the age of one month up,” and it is written (Numbers 3:40): “[The LORD said to Moses:] Record every first-born male of the Israelite people from the age of one-month up,” [the word ומעלה] implying after the thirtieth day [so also in the other verse].", + "רבי עקיבא אומר אם נתן לא יטול – for Rabbi Akiba doubts if it is necessary to have the Torah write, ומעלה/and up (i.e., implying after the thirtieth day) regarding valuations , for he doesn’t derive it from the Book of Numbers, for there would be two [similar] verses coming as one and we don’t learn them; therefore, if he gave [the money to the Kohen], he should not take it back. But if he had bot given, he should not give it. For the burden of proof is incumbent upon the claimant (see Tractate Bava Kamma, Chapter 3, Mishnah 11). And the Halakha is according to the Sages.", + "בחזקת שלא נפדה – for people do not act that they redeem within the thirty [days].", + "לאחר שלשים בחזקת שנפדה – that a Kohen [who removes something from his fellow and his prerogative is impaired].", + "הוא קודם לבנו – everyone admits that whenever he has five Selaim that are mortgaged and five [Selaim] that are free-standing, Rabbi Yehuda holds that a loan that is written in the Torah is like that which is written in the document, and his five Selaim, that his father was liable for, the Kohen can go and snatch them from mortgaged property, for his mortgage of the Kohen takes precendence, and that is what is said, that his Mitzvah (i.e., of redeeming his first-born son) is upon his father, that is to say, that from his father, the properties were mortgaged. But these free-standing five [Selaim] are redeemed for his son immediately, for if he gives free-standing [money] because of his redemption, furthermore, his son does not redeem, for perhaps the bought property was mortgaged prior to the birth of his son. But the Rabbis hold that the loan that is written in the Torah is not like that which is written in the document, for if he gives free-standing money for his son, he (i.e., the son) cannot redeem it further, for the Kohen is not able to snatch mortgaged property, therefore, his Mitzvah (i.e., of redeeming his first-born son) is preferable. And the Halakha is according to the Sages." + ], + [ + "חמש סלעים של בן – the Sela that is mention ed in the Torah in every place (see Numbers 18:16), and sometimes in the Torah it is called כסף /silver , one hundred pieces of silver. For this was during the days of Moses that the weight was three hundred and twenty grains of barley-corn, but during [the time of] the Second Temple, they increased it and raised it to the weight of three hundred and eighty-four [grains] of barley-corn. And similarly, we count today for five Selahs of the child [for redemption]. And it was found that five Selahs has the weight of one thousand nine-hundred and twenty intermediate barley-corns of refined silver.", + "במנה צורי – that comes from the country of Tyre. But all of the silver coinage of the Torah, as for example, the five Selaim of the son (i.e., the redemption of the first-born son), and the thirty [Selaim] of the slave, and the fifty of the one who wrongs (see Deuteronomy 22:29) and seduces (see Exodus 22:16) , and the one-hundred for the one who slanders, all of them are in the Tyrian coinage which is refined silver. But all of the money which is from the Rabbinic legislation, such as the fines, and the Ketubah of a wife, according to the words of Maimonides, all of them are the money/coinage of the state, for one from eight parts which are in them is silver and seven parts are copper. But my Rabbis taught that the Ketubah/marriage contract of a virgin has the law of silver of the Torah, for it is written (Exodus 22:16): “[If her father refuses to give her to him, he must still weigh out silver in accordance] with the bride-price for virgins,” and the two-hundred clear Zuzim. And the weight of each Zuz is ninety-six barley-corns.", + "וכולן נפדין – this is what he said, and all that is redeemed is redeemed in silver or its equivalent, except for Shekel dues. And all that is redeemed such as the first-born of a man and that which is dedicated to the Temple, is redeemed whether with silver or with the equivalent of silver, except for that of Shekel dues, for a person who comes to pay the one-half Shekel needs to give it from clear silver engraved coinage and not equivalent to silver. And Second Tithe also is not redeemed other than with silver coinage that has an engraving and not with that which is equivalent to silver, as it is written (Deuteronomy 14:25): “Wrap up the money in your hand ‘and take it with you to the place that the LORD your God has chosen,” – silver money that has upon it a form/shape." + ], + [ + "אין פודין – [they do not redeem] the firstborn [male] of a man.", + "לא בעבדים – even though that we said above (i.e., in the previous Mishnah) with silver or with the equivalent of silver, we don’t redeem [a firstborn male child] with servants.", + "ולא בשטרות – that if he has a document on his fellow for five Selaim [owed him] and he gave it to the Kohen, that he (i.e., the Kohen) should collect that obligation/liability with the redemption of his son, his son is not redeemed.", + "ולא בהקדשות – that is to say, and not with that which is sanctified [to the Temple] also we don’t redeem them neither with slaves, documents nor with land.", + "כתב לכהן שהוא חייב לו ה' סלעים – because of the redemption of his [first-born] son.", + "חייב ליתן לו ובנו אינו פדוי – it is the word of the Torah that his son is redeemed when he gives [the money]. And what is the reason that they said that he must give it and his son or else his son is not redeemed? It is a decree perhaps they will say that the redeem with documents.", + "לפיכך – that we said that he is required to give him (i.e., to the Kohen) five other Selaim for the redemption of his son.", + "אם רצה הכהן – [if the Kohen wanted] to return them and to give them (i.e., the five Selaim) to him (i.e., the father) as a gift, he is permitted, but there is no other remedy/ordinance. But even though that the Kohen is permitted to return and give the five Selahim as a gift to the father of the first-born [son], if it is the intention of the father of the son relies that the Kohen will surely return to him the five Selaim, the son is not redeemed, whether the Kohen returned them or whether he didn’t return them. This is how it appears from the Gemara (see Talmud Bekhorot 51b).", + "שנאמר יהיה לך ופדה תפדה – when the redemption will be yours, then your son is redeemed, and this verse (Numbers 18:15) is stated to Aaron." + ], + [ + "ולא בנכסי האם – the usufruct property (i.e., the wife’s personal property from which her husband is entitled to benefit – brought into the marriage from her father’s home and that is not included in her marriage contract, and property that she inherits or receives as a gift after her marriage) of the mother, as it is written (Deuteronomy 21:17): “since he is the first fruit of his vigor, the birthright is his due,” implying that it refers to that which is his (i.e., the father’s), that is to say, with his property, “the birthright is his due,” but not the property of his wife.", + "ואינו נוטל פי שים בשבח – if the property [of the father] grew in value after the death of the father prior to their dividing it, the first born does not take a double portion of the increased value/amelioration. But rather, they assess the property, what it was worth at the time of the death of the father and the first-born [son] takes a double portion of them alone, as it states (Deuteronomy 21:17): “and allot to him a double portion of all he possesses,” of what belonged to the father at the time of [his] death.", + "ולא בראוי (what is coming due to the estate [as he does of what is held in possession]) – in the property, for their father did not hold in possession at the time of his death, but other than what was appropriate to fall to him in inheritance, but what fell to them after a time, the first-born does not take from them a double portion.", + "ולא האשה בכתובתה – in the growth that accrued . But if the property [value] is not equivalent at the time of the death of her husband in order to the measure [of what is written] in her Ketubah, but afterwards it increased [in value], she does not take for her Ketubah settlement other than what they were worth [at the time of his death], and even though in general, the creditor collects the increase in value, this is one of the leniencies of the Ketubah that they taught here. And she does not take what is coming due to the estate as she does of what is held in possession.", + "ולא הבנות – [the daughters do not] take maintenance/alimentation after the death of their father according to the conditions of her (i.e., the wife’s) Ketubah (see Tractate Ketubot, Chapter 4, Mishnah 11), but the female children, they will be yours, but from me they may dwell in my house and are supported from my property. Not from the increase in value of the property nor from that which is appropriate to come after death. Since the maintenance of the daughters is from the conditions of the Ketubah, they are like the Ketubah itself.", + "ולא היבם – [the levir] who takes a portion of the [property] of the dead when he performs levirate marriage with his wife, he does not take the portion of his brother, neither from the increase [in value] nor form that which is coming due to the estate [over time]. What is the reason? The All-Merciful calls him “the first born (Deuteronomy 25:6): “The first son that she bears shall be accounted to the dead brother,” like the first-born son; just as the first-born does not take from the increase nor that which is appropriate to come [to him], so too the levir does not take neither the increase in value nor what is appropriate to come (i.e., what is expected to accrue to the estate).", + "וכולן אינן נוטלין בשבח – He teaches this again [in the Mishnah] to include increase that comes of its own accord/automatically, as for example, grain that was ruined when his father died and now it made ears of corn, or dates in the budding stage and they now became large dates. For if the Mishnah had only taught the first clause, I would think that the firstborn does not take a double-portion of the increase in value, that they words refer to the increase that his brother was busy with as for example the manuring of the fields and the crushing of the earth and the hoeing.", + "ולא בראוי כבמוחזק – to include [as well] if the father of their father was alive at the time of the death of their father, that the property would be appropriate to them [via inheritance] when he would die, even though that certainly, it would eventually fall to them, and even if he has another son, these would take the portion of their father, for I might think that it is like what is held in possession. Hence, this is not the case. For if only from the first clause of the Mishnah, I might think that what is appropriate according to what is taught in the first clause, the first born does not take, as for example, when the property of the brother of their father who did not have children fell to them at the time of the death of their father, it is not appropriate other than from doubt, for perhaps he will not have issue." + ], + [ + "הבכורה – does not return [to the original owner] in the Jubilee year, as it is written (Deuteronomy 21:17): “a double portion, I make an analogy [of nearby verse fragments] of the two parts one to another, just as one part, his plain heir’s right does not return in the Jubilee year for it is an inheritance, as it is written (Deuteronomy 21:17): “When he wills the property to his sons,” even the part of is first-born son is [his] inheritance.", + "והיורש את אש��ו – for this [anonymous] Tanna/teacher holds that this is from the Torah, (Numbers 27:11): “[If his father had no brothers, you shall assign his property] to his nearest relative in his own clan, and he shall inherit it,” from here, [we learn] that the husband inherits his wife [who dies first].", + "והמיבם את אשת אחיו – and he took his brother’s portion, it is a complete inheritance and he doesn’t return to the rest of the brothers in the Jubilee year. For the All-Merciful calls him a first born (Deuteronomy 25:6): “The first son [that she bears shall be accounted to the dead brother, that his name may not be blotted out in Israel,] the firstborn status does not return in the Jubilee year as we have derived.", + "והמתנה כדברי ר' מאיר – it is something sold, that the All-Merciful stated that it be returned in the Jubilee year, but an inheritance and a gift is not [returned[.", + "וחכמים אומרים מתנה כמכר – as it is written (Leviticus 25:13): “In this year of jubilee, each of you shall return to his holding.” But it is an extraneous verse, for it has already been stated (Leviticus 25:10): “Each of you shall return to his holding [and each of you shall return to his family],” but it (i.e., the extraneous verse] comes in order to include the gift that it comes.", + "רבי אליעזר אומר כולן חוזרים ביובל – He holds like the Rabbis who state that the word תשובו /shall return [to his holding] includes the gift. And these all of them are a gift. The firstborn – to give him a “double portion” (Deuteronomy 21:17) the All-Merciful calls a gift. And the person who inherits his wife, the inheritance of the husband is according to the Rabbis. And the one who performs levirate marriage on the wife of his [deceased] brother (who died without fathering any children), the All-Merciful calls him a first-born, for just as the first-born portion returns, so the levir returns [his portion].", + "היורש את אשתו יחזיר לבני משפחה – Rabbi Yohanan ben Beroka holds that the inheritance of the husband of his [deceased] wife is from the Torah, and here, what are we dealing with? As For example, that his wife had bequeathed to him a cemetery, but because of the blemish/discredit to the family, the Rabbis stated that they should consider the cost and return the graves to the members of the family.", + "וינכה להם מן הדמים – the cost of the grave of his wife. For he, at any rate, is responsible for her burial. But the Halakha is according to the Sages that a gift is like a sale, and according to Rabbi Yohanan ben Beroka , for a husband whose wife bequeathed him a cemetery takes the money and returns the cemetery to the members of the family, and deducts from the monies the cost of his wife’s grave." + ] + ], + [ + [ + "מעשר בהמה – (Leviticus 27:32): “[All tithes of the herd or flock] of all that passes under the shepherd’s staff, every tenth one – shall be holy,” and they offer up its fat and its blood, but the rest of its flesh is consumed in purity by the owners in Jerusalem according to the law of peace-offerings. But if it has a blemish, they consume it in impurity in every place.", + "בפני הבית ושלא בפני הבית – but nowadays, it was stated by the Rabbis that they don’t separate the tithe of cattle, because of a snare/stumbling block, for we lack the Temple to offer it and it is necessary to delay until a blemish befalls it and it becomes a snare for shearing and Temple service or perhaps someone will slaughter it without a blemish.", + "אבל לא במוקדשין - as for example, the lighter Holy Things, for there is one who says that they are the money of the owners, that you might think I would say that it should be tithed. It comes to tell us that [the words] (Leviticus 27:33) “shall both be holy,” the All-Merciful said but not that it was already holy.", + "בכבשים ובעזים – that is to say, and this practice holds for lambs and goats.", + "ומתעשרין מזה על זה – for since the All-Merciful extended the scope [with the use of the word] \"וצאן\"/or the flock (Leviticus 27:33) – as in above , that implies all flock is considered one species regarding tithing.", + "בחדש – that were born after Rosh Hodesh Elul which is the New Year for the tithing of cattle (see also Tractate Rosh Hashanah, Chapter 1, Mishnah 1).", + "ובישן – that were born prior to Elul.", + "ואין מתעשרין מזה על זה – from the new on the old, and from the old on the new, as it is written (Deuteronomy 14:22): \"עשר תעשר\"/You shall set aside [every year] a tenth part [of the yield of your sowing that is brought in from the field], the Biblical verse speaks of two tithes, one the tithe of cattle/animals, and the other is the tithing of grain/produce. Just as [regarding] the tithing of grain, one does not [tithe] from the new on the old, as it is written, “every year”/\"שנה שנה\" , which implies, and not from this year on a different year, so also not the tithing of cattle from the new on the old [year]." + ], + [ + "כמלוא רגל בהמה רועה (as much as the full capacity of the radius) – like the are able to be guarded by one shepherd when the cattle graze and remove themselves one from the other. And this is sixteen mil (note: a “mil” is 2000 cubits), and thusly, the eye of the shepherd controls them (i.e., they cannot be hidden from sight). But if he has five animals in this village and five [animals] in another village which is sixteen mil distant one from the other, he brings them into one pen and tithes them. But if the they are more distant, they are exempt, as it states in the Biblical verse (Jeremiah 33:13): “sheep shall pass again under the hands of one who counts them, implying if they can be counted by one shepherd, they are called “sheep,” that they can pass underneath the staff to be tithed, and if not, not (see Talmud Bekhorot 54b)", + "שלשים ושנים מיל אינן מצטרפין – because it was necessary to teach nearby [in the Mishnah] that if he had a flock in the middle, those in the middle combine with the sides, thus it teaches , that if the sides are distant from each other thirty-two mil, the middle ones do not combine them.", + "מביא ומעשרן באמצע – it is stated that it doesn’t actually bring in the middle.", + "הירדן מפסיק – that if he had five cattle from here (i.e., in the land of Israel) and five cattle from there (i.e., from the other side of the Jordan River) and the Jordan River in the middle, they do not combine and are exempt. But the Halakha is not according to Rabbi Meir." + ], + [ + "הלקחו או שניתן לו מתנה פטור ממעשר בהמה – In the Gemara (Tractate Bekhorot 55b-56a), we derive it from as it is written (Exodus 22:28-29): “You shall give Me (i.e., God) the first-born among your sons. You shall do the same with your cattle and your flocks,” just as your sons are not something bought or given as a gift, that purchasing and [receiving as] a gift don’t apply, but rather with him, they were born [to him], even your sheep and cattle are not through purchasing or a gift. And even though that this Scriptural verse deals with the first-born, as it is written, but we derive from it the tithe, that is, because it is written (Exodus 22:29): “You shall do the same with your cattle [and your flocks],” and certain action one is not able to stand regarding a first-born for since [it comes] from a holy womb, and it does not require an action that the person will sanctify it, if it is not a matter for the first-born, make it a matter for the tithing of cattle.", + "האחים השותפין – the brothers that divided the inheritance of their father and afterwards became partners.", + "כשחייבין בקלבון (when they are liable for a rate of exchange/agio) – when they bring their Skekalim , they bring two halves and they give two agio, and they give the two קלבון/agio. And the קלבון/agio is the language of the customary additional weight in retailing/boot that they have to weigh their Shekalim. But if they gave between the two of them one complete Shekel, they give two agio, for they were supposed to weigh in halves (see Tractate Shekalim, Chapter 1, Mishnah 7).", + "ופטורים ממעשר בהמה – from all that are born to them all the days of the partnership. For the partnership exempts [them] from the tithe of cattle, as it is written (Exodus 13:12): “[every male firstling] that your cattle drop [shall be the LORD’s],” but not that of partnership. But even though this Biblical verse is written concerning the first-born, if it is not a matter relating to the first-born, we hear that it deals with partnership, as it is written (Deuteronomy 12:6): “[and there you are to bring your burnt offerings and other sacrifices, your tithes, and contributions, your votive and freewill offerings,] and the firstlings of your herds and flock,” teach it concerning the matter of tithing for cattle.", + "וכשחייבין במעשר בהמה – as for example, if they didn’t ever divide it (i.e., the estate), that the estate exists, which is the inheritance of their father exists, they are liable for the tithing of the cattle to tithe all that is born to them all the days of their partnership. For this we stated in the Baraitha, even if they acquired the estate, the inference teaches us (Exodus 22:29): “[seven days] it shall remain [with its mother],” that implies [this] nevertheless.", + "ופטורים מן הקלבון – completely, that they weigh between the two of them a complete Shekel. That their father’s money is stands in its legal status/presumption, but the father who offers the head-tax/pays the Shekel for his son or for one of the people of his city and exempts him with his own, and he is exempt from the agio, as it is taught in the Mishnah of [Tractate] Shekalim (Chapter 1, Mishnah 7), that a person who pays the Shekel for a a poor people or for his neighbor or for someone in his city is exempt from the agio.", + "קנו בתפוסת הבית חייבין –[he is liable for] the tithe of cattle. As we stated, the inference of (Exodus 22:29): “it shall remain” (see above), that it implies anyway whatever it will be. But in the explanations/interpretations of my Rabbi I found, that [when it says] they acquired it [does not mean] that they purchased it with money, but rather, the cattle/animals that fell to them from the inheritance of their father.", + "חלקו וחזרו ונשתתפו – they are merely/in a general way like partners.", + "פטורים ממעשר בהמה – but are liable for agio." + ], + [ + "הכל נכנס לדיר להתעשר – [the word] \"הכל\"/every beast includes (see Talmud Bekhorot 57a) an animal that covered (a woman) and the (female) animal that was covered by the man and the animal that they set aside (in a shed) for a sacrifice to idolatry, and that [animal] which was itself worshiped and the harlot’s hire and/or the pay of a dog (i.e., a male prostitute – see Deuteronomy 23:19), and an animal whose sex is unknown and an androgenous animal. For all of these, even though they are invalid for a sacrifice enter the pen/corral for tithing, for since the Torah was not stringent on a blemish regarding tithing, as it is written (Leviticus 27:33): “He must not look out for good as against bad [or make substitution for it, then it and its substitute shall both be holy: it cannot be redeemed],” it (i.e., the Torah) was not stringent either with all of these invalid [animals].", + "חוץ מן הכלאים והטריפה ויוצא דופן – for it is taught in a Baraitha (Talmud Bekhorot 57a): (Leviticus 22:27): “When an ox or sheep [or a goat is born],” excluding crossbreeding, which is that which comes from a male goat and a sheep, or a goat, except for what appears as a hybrid, that comes from a ram and a sheep and but is similar to a goat. “or a goat is born” (Leviticus 22:27) –excluding an animal that is extracted by means of caesarean section; “it shall stay seven days with its mother” (Leviticus 22:27) – excluding that which is not old enough; “with its mother”- excluding an animal whose mother died during its childbirth (or soon after), for all of these are invalid for Holy Things. But the tithing of cattle is derived from Holy Things through an analogy/Gezerah Shavah: it is stated here (Leviticus 27:32): “[of all that passes] under the shepherd’s staff,” and it is stated there (Leviticus 22:27): “with its mother.” Just as there, excluding all of these categories, so here too , excluding all of these categories, but that which is torn/terefah also does not enter into the pen/corral to be tithed, as it is written (Leviticus 27:32): “[All tithes of the herd or flock -] of all that passes [under the shepherd’s staff],” excluding the torn animal which does not pass, as for example, that its legs were severed from the knee upwards, for it is one if the animals torn by a beast of prey.", + "השלח קיים – the flesh/hide still is intact/in existence. It is the Aramaic translation of “flayed/stripped,” stripped of its skin.", + "אין זה יתום – because there are places where the animal died on account of giving birth, we flay it/strip it and dress with its skin the living animal, [the] offspring in order that it warm itself, and we account it as if its mother is alive. But the Halakha is not according to Rabbi Yehoshua." + ], + [ + "שלש גרנות למעשר בהמה (three harvesting seasons/threshing floors for tithing of cattle) – in three periods during the year, the cattle are tithed. And the language of גרנות/harvesting seasons/threshing floors, like the grain of the threshing floor which is subject to sacred gifts/forbidden as eatables forbidden pending the separation of sacred gifts and we don’t consume from them until they are tithed, so in these three periods of the year we don’t eat from the cattle nor do we sell them until we tithe them.", + "פרוס הפסח – fifteen days prior to Passover, that is the last day of [the month of] Adar. And the language [usage of] פרוס, is one-half, one-half of the time that we ask [questions] about the laws of Passover, as it is taught in a Baraita (Talmud Megillah 32a): We ask questions about the laws of Passover thirty days prior to Passover. And similarly, [the phrase] פרוס עצרת/half-a-month before Atzeret/Shavuot, 15 days prior. And similarly [the phrase] פרוס החג/fifteen days prior to the Festival/Sukkot, that is the last day of Elul. And they (i.e., the Rabbis) established these three times that they would establish for the tithing of cattle, in order that the cattle would be available/found for those making Pilgrimage [to the Temple in Jerusalem], and even though it is taught [towards the conclusion] in our Mishnah that until the time of the threshing floor/harvesting seasons, it is permitted to sell and to slaughter, that the harvesting season/threshing floor is what establishes the tithing [of cattle], nevertheless, people did not slaughter until they tithed, for it was satisfactory for people to fulfill the Mitzvah with his money for a matter in which he is not lacking anything, as for example the tithing of cattle in which he himself offers up the tithe and eats it as a peace offering, but if they didn’t tithe at these three periods [of the year] there would be many prevented from selling because they didn’t tithe, and there would not be cattle readily found for those making Pilgrimage [to the Temple].", + "בן עזאי אומר בתשעה ועשרים באדר – that is fifteen days prior to Passover. But that Rabbi Akiva holds that the Adar that is closest to Nisan (i.e., the month in which Purim falls – the Second Adar in a leap year) is sometimes defective/short – i.e., 29 days and sometimes full – i.e., 30 days) and fifteen days prior to Passover, sometimes we begin on the twenty-ninth of Adar and sometimes on the thirtieth [day] of Adar, therefore, they did not establish for it [an exact] time. But Ben-Azzai holds that the Adar nearest Nisan (i.e., Second Adar in a leap year) is always defective/short, and the beginning of the fifteen-day period prior to Passover is always on the twenty-ninth [day of] Adar.", + "באחד בסיון – because of the paucity of cattle that give birth from Nisan until Atzeret/Shavuot (see Talmud Bekhorot 58a), if one advances it fifteen days prior to Atzeret, all of them will be consumed prior to Atzeret, and there won’t be cattle found for those making Pilgrimage [to the Temple in Jerusalem].", + "בעשרים ותשעה באב – Ben Azzai, according to his reasoning, who stated further on [in our Mishnah], [The cattle born] in Elul are tithed by themselves and they are not combined with those that were born prior to Elul, for perhaps, on the first of Elul is the New Year for the Tithing of Cattle (see Tractate Rosh Hashanah, Chapter 1, Mishnah 1) and there would be new and old, and it is doubtful to him when is Rosh Hashanah – either Elul or Tishrei, therefore he did not set a time for their “threshing floor” of the summer on the twenty-ninth of Elul so that they don’t come to combine those born in Elul with them.", + "באחד בניסן – they (i.e., Rabbi Eleazar and Rabbi Shimon) hold like Rabban Shimon ben Gamaliel who stated that we ask questions about the laws of Passover two weeks prior to Passover, that is, also regarding the laws of Passover that we tithe for cattle in order that they are not appropriate on the Festival/Yom Tov.", + "באחד בסיון – as we stated the reason of Ben Azzai, because of the small number of cattle that are born from Nisan until Atzeret.", + "", + "מפני שהוא יום טוב – he said one thing and more. First – because we need recognition of that which is new and old, that the first of Tishrei is Rosh Hashanah for the tithing of cattle, for even though he did not come to combine them with those of Tishrei, for not a single lamb had been born today, and if it had been born, it was not old enough. Even so, we don’t tithe that of today, because we need to establish recognition between new and old, so that people would know to not combine the new with the old. Nd furthermore, because it is Yom Tov, because of the required marking with red paint (see Talmud Bekhorot 58a) that one paints on each tenth in order that it would be recognized, but it is forbidden to pain on Yom Tov/the holy day.", + "האלוליין מתעשרין בפני עצמן – as we explained above, that it is doubtful to him whether the New Year for the tithing of cattle is on the first [day] of Elul or on the first [day] of Tishrei, therefore, we don’t tithe those of Elul with those [animals] born from Tishrei and onwards, because one doesn’t combine old with the new." + ], + [ + "כל הנולדים – this anonymous [Mishnah] is according to Rabbi Eliezer and Rabbi Shimon.", + "חמשה לפני ראש השנה – on account of that it (i.e., the Mishnah) has to teach five [days] before the threshing floor/harvest season and five days after the harvest season/threshing floor, they combine, he teaches also this.", + "לא ישחוט – for since according to the Rabbis, the threshing season established it for tithing.", + "ואם שחט פטור – and the cattle are permitted for consumption. For we don’t find eatables forbidden pending the giving of sacred gifts of the tithing of cattle, neither a negative commandment nor death [for failure to comply]." + ], + [ + "לדיר – a place surrounded by walls or reeds where they bring into it the sheep.", + "היה לו מאה ונטל עשרה – without any [system of] counting (i.e., marking the tenth animal with red paint)", + "או עשרה ונטל אחד – without any [system of] counting.", + "אין זה מעשר – as it is written (Leviticus 27:32): “every tenth one – shall be holy [to the LORD],” and this is not the tenth.", + "רבי יוסי בר' יהודה אומר הרי זה מעשר – for Rabbi Yossi holds that just as the great Terumah (i.e., the two-percent that everyone gives to a Kohen) and the tenth-of a tenth (i.e., that which the Levite gives to the Kohen after receiving the First Tithe) are given by estimation and with intention/a plan as it is written (Numbers 18:27): “This shall be accounted to you as your gift/ונחשב לכם תרומתכם,” with thought is the heave-offering , so the tithe is taken with estimation and thought, for the All-Merciful calls a tithe, as it is written (Numbers 18:24): “for it is the tithes set aside by the Israelites as a gift to the LORD [that I give to the Levites as their share]. And there is an analogy of verses in close proximity made [between] the tithing of cattle and the tithing of grain, just as the tithe of grain is taken by thought, so the tithe of cattle is taken by thought. But the Halakha is not according to Rabbi Yossi.", + "קפץ אחד מן המנויין – eighteen [animals] that went out from the opening and he took the tenth [one], the nine are exempted, if one of the nine jumped into the pen/corral, all of those that are in the corral are exempt, if he does not recognize which one it is. For perhaps this one who came out as the tenth, but he is not appropriate for it, for he was already exempted. Alternatively, each one of them is doubtful if it was already numbered already and exempted, and any doubt is not eligible for being tithed.", + "מן המעושרים – from those already sanctified as being the “tenth” one of them jumped into the corral/pen , all of them are doubtfully tithed and they should all be sent to pasture until they develop a blemish. For whenever they are pure, it is prohibited to slaughter them outside [the Temple courtyard], but after they have been sent to pasture, they can be consumed by their owners with their blemishes." + ], + [ + "This is the reading: יצאו שנים כאחד מונה אותן שנים שנים מנאן אחד, תשיעי ועשירי מקולקין – if two [animals] came out as one (i.e., at the same time) one next to the other at the width of the opening and he counted them as one pair, he counts all of them two by two, pair-by-pair, and the tenth pair is holy with the sanctity of tithing. And the same law applies if he counted them by threes or by fours.", + "מנאן אחד – to the first two [animals] that came out he counted as one, and to the third, is the second and to the fourth is the third.", + "תשיעי ועשירי מקולקלין – because the ninth according to his counting is really the tenth, and the tenth according to his counting is really the eleventh, and because of this, they are spoiled and they should be put out to pasture until they develop a blemish. But this is not similar to calling the tenth – the ninth or the eleventh – the tenth, for the tenth is a tithe and the eleventh is offered as peace offering, for there, it came out one by one, and when he reached the tenth and called it the ninth, and to the eleventh and he called it the tenth, he confirms to the entire world that the ninth according to his counting is the tenth of the animals/cattle, and that the tenth is the eleventh, but he himself changed and erred, therefore, the tenth is a complete tithe, and the eleventh is offered as a peace offering from the decree of the King, as we explain further on. But here, when two went out [of the corral/pen] and he did not make it clear that it was the tenth, that he calls it the ninth, which is the tenth, it is not a complete tithing of its own, as he himself also stated that it is not, therefore, they are spoiled.", + "שלשתן מקודשים – as it is written (Leviticus 27:32): “All tithes of the herd [or flock],” to include the ninth and the eleventh. It is possible that I also include even the eighth and the seventh. You said, for since and it is holy (see the end of Leviticus 27:32), and his error is sanctified, what is not holy is only that which is near/next to it, meaning to say, the tenth itself which is next to it/adjacent to its body, even his error is not sanctified other than which is adjacent/next to the tenth – which is the ninth from before it and the eleventh from after it.", + "וכי יש תמורה עושה תמורה – Rabbi Yehuda holds that this eleventh [animal] is a substitute, for that which he called the “tenth” is considered like that which is in place of the tenth, but there is no substitute which imparts the status of a substitute to another, as it is written (Leviticus 27:33): “then it and its substitute shall both be holy” – but not the substitution of the substitution.", + "אמרו משום רבי מאיר – it is not a substitution. The eleventh is not a substitution for the tenth. For if it was a substitution, it would not be offered as a sacrifice, for the substitution of the tithe is not offered, as it is written (Numbers 18:17): “[But the firstlings of cattle, sheep, or goats] may not be redeemed; they are consecrated. [You shall dash their blood against the altar, and turn their fat into smoke as a pleasing odor to the LORD],” they are offered as sacrifices, but not their substitutions, and it is written concerning firstlings, and we derive tithes from it. And the Halakha is that the eleventh does not become a substitution/replacement.", + "כל שלא נעקר שם עשירי ממנו – wherever that he called the tenth the tenth, furthermore, he cannot advance the eleventh for what he called the tenth [which was not deprived of its proper name]." + ] + ] + ], + "versions": [ + [ + "Bartenura on Mishnah, trans. by Rabbi Robert Alpert, 2020", + "sefaria.org" + ] + ], + "heTitle": "ברטנורא על משנה בכורות", + "categories": [ + "Mishnah", + "Rishonim on Mishnah", + "Bartenura", + "Seder Kodashim" + ], + "sectionNames": [ + "Chapter", + "Mishnah", + "Comment" + ] +} \ No newline at end of file