meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Kodashim/Mishnah Bekhorot/English/Sefaria Community Translation.txt"}
text: Mishnah Bekhorot
  משנה בכורות
  Sefaria Community Translation
  
  
  Mishnah Bekhorot
  
  
  
  
  
  If one buys an unborn donkey fetus from a non-Jew, sells [an unborn donkey fetus] to [a non-Jew] even though one does not have permission to, has a partnership with [a non-Jew], receives [an unborn donkey fetus] from [a non-Jew], or gives [an unborn donkey fetus] to [a non-Jew], [the unborn donkey fetus] is exempt from the laws of the first-born. As it is written (Numbers 3:13): "in Israel", but not by others. Priests and Levites are also exempt, for if they could exempt a Israelite [while the Jewish people were] in the desert, then they would certainly exempt themselves.
  If a cow gives birth to [a creature which] looks like a donkey or a donkey gives birth to [a creature which] looks like a horse, it is exempt from the laws of the firstborn, for it is written (Exodus 34:20": "firstborn donkey" and (Exodus 13:13) "firstborn donkey"--two times, [to teach that] the birthing [mother] must be a donkey, and the born [creature] must be a donkey. And what about eating them? If a pure species gives birth to [a creature which] looks like an impure species, it is permissible to eat [the offspring]; if an impure species gives birth to [a creature which] looks like a pure species, it is forbidden to eat [the offspring], for that which comes from an impure species is impure and that which comes from a pure species is pure. If an impure fish swallows a pure fish, [the pure fish found inside] is permissible to eat; if a pure fish swallows an impure fish, [the impure fish found inside] is forbidden to eat, for it is not its product.
  If one's donkey that had not previously given birth now gives birth to two male donkeys, one must give a lamb to a priest. [If it gives birth to] a male and a female, one sets apart a lamb for oneself. If two donkeys that both have not previously given birth now give birth to two males, one must give two lambs to a priest. [If they give birth to] a male and a female, or to two males and a female, one must give a lamb to a priest. [If they give birth to] two females and a male, or two males and two females, the priest gets nothing.
  If one donkey has previously given birth and one has not, and they now give birth to two males, one must give a lamb to a priest. [If they gave birth to] a male and a female, one sets apart a lamb for oneself. A firstborn donkey is redeemed with a lamb, [whether the lamb or kid is] from sheep or goats, male or female, large or small, perfect or blemished. One can use it to redeem many times, and if it dies one can benefit from it.
  One may redeem neither with a calf, nor with an undomesticated animal, nor with a slaughtered animal, nor with a <i>treifah</i> [animal which cannot live another 12 months], or with a mixed species [i.e., from sheep and goat parents], nor with a <i>koi</i> [animal of ambiguous status, exhibiting characteristics of wild and domesticated animals]. Rabbi El'azar permits [redeeming] with a mixed species because it is still [considered] a lamb; But he forbids a <i>koi</i>, because it is of doubtful [status]. If one gives a donkey to a priest, the priest does not have permission to keep it, until [the priest] separates a lamb for it.
  If one separates the redemption for a firstborn donkey, and it dies, Rabbi Eli'ezer says: One is liable for it, just like the five <i>selaim</i> [coins of a specific value] for [the redemption of] a son. The sages say: One is not liable for it, just like the redemption of <i>Maaser Sheini</i> [second tithe of produce, which must be taken to Jerusalem and consumed there]. Rabbi Yehoshua and Rabbi Tzadok testified regarding the redemption of a firstborn donkey that died, that the priest receives nothing in such a case. If a firstborn donkey dies, Rabbi Eliezer says: It is buried and it is permissible to benefit from the lamb. The Sages say: One need not bury it, and the lamb goes to the priest.
  If one does not want to redeem it, one breaks its neck from behind with an ax and buries it. The commandment of redeeming it precedes the commandment of breaking its neck, as it is written (Exodus 13:13, Exodus 34:20) "If you will not redeem it, break its neck." The commandment of designating it precedes the commandment of redeeming it, as it is written (Exodus 21:8): "That you have not designated it -it shall be redeemed." The commandment of Levirate marriage preceded the commandment of <i>chalitzah</i> [ceremony releasing the widow of a childless man from the obligation to marry his brother] at first, when they had intention for the sake of the commandment, but now that they do not have intention for the sake of the commandment, we say that the commandment of <i>chalitzah</i> precedes the commandment of Levirate marriage. The commandment of redeeming [an animal devoted to general Temple usage] is on the master before any other person, as it is written (Leviticus 27:27): "If it is not redeemed, it shall be sold for its estimated worth."
  
  
  
  If one buys an unborn cow fetus from a non-Jew, sells [an unborn cow fetus] to [a non-Jew] even though one does not have permission to, has a partnership with [a non-Jew], receives [an unborn cow fetus] from [a non-Jew], or gives [an unborn cow fetus] to [a non-Jew], [the unborn cow fetus] is exempt from [the obligations of] the firstborn. As it is written (Numbers 3:13): "in Israel", but not by others. Priests and Levites are obligated, for they were not exempted from [the obligations of] the firstborn of a pure kosher animal, (they were only exempted) from redemption the firstborn son and [the obligations of] the firstborn of a donkey.
  If the blemishes of consecrated [animals] precede their consecrations, and they are redeemed, they are subject to [the obligations of] the firstborn and the [priestly] gifts. They leave [their consecrated status] to become unconsecrated and [thus] may be shorn and worked. Their offspring and their milk [from] after they have been redeemed are permitted. If one slaughtered them outside [the Temple courtyard] he is not liable. They do not make [their] replacement [sacred]. If they die they may be redeemed, except for firstborn and tithe [animals].
  If their consecrations precede their blemishes, or passing blemishes precede their consecrations, but afterward they develop permanent blemishes (and they are redeemed), they are exempt from [the obligations of] the firstborn and the [priestly] gifts. They do not leave [their consecrated status] to become unconsecrated to be shorn and worked. Their offspring and milk [from] after they are been redeemed are forbidden. One who slaughters them outside [the Temple courtyard] is liable. They make [their] replacement [sacred]. If they die, they are buried. 
  If one receives sheep at a fixed price from a non-Jew, its offspring are exempt from [the obligations of] the firstborn, but the second generation is obligated. If one offered the offspring as collateral for the mothers [should they die], then the second generation is exempt but the third generation is obligated.  Rabban Shim'on ben Gamliel says: They are exempt even for ten generations, because the non-Jew has [residual] rights to them. 
  If a sheep gives birth to [a creature which looks] like a goat, or a goat gives birth to [a creature which looks] like a sheep, it is exempt from [the obligations of] the firstborn. If it has some signs of its own species then it is obligated. 
  If a ewe that has never given birth before bear to two male lambs, and both their heads came out at once, Rabbi Yossi Haglili says: Both go to the priest, as it says (Exodus 13:12): "The males shall be for God." The Sages say: This is not possible. Rather one goes to [the owner], and the other goes to the priest. Rabbi Tarfon says: The priest chooses the better one. Rabbi 'Akiva says: They compromise. The second one goes out to graze until it develops a blemish, and it is obligated regarding the [priestly] gifts.  Rabbi Yossi exempts it.  If one of them dies, Rabbi Tarfon says: They divide [the value of the remaining one].  Rabbi 'Akiva says: One who comes to extract from one's friend has the burden of proof.  [If she gives birth to] a male and a female, the priest receives nothing.  
  If two ewes which have never given birth before bear two males, both go to the priest.  [If they give birth to] a male and a female, the male goes to the priest. [If they give birth to] two males and a female, one goes to [the owner], and the other goes to the priest. Rabbi Tarfon says: The priest chooses the better one. Rabbi 'Akiva says: We compromise. The second one goes out to graze until it develops a blemish, and it is obligated regarding the [priestly] gifts. Rabbi Yossi exempts it. If one of them dies, Rabbi Tarfon says: They divide [the value of the remaining one]. Rabbi 'Akiva says: One who comes to extract from one's friend has the burden of proof. [If they give birth to] two females and a male or two males and two females, the priest receives nothing.  
  If one ewe has given birth before and one has not, and they give birth to two males,  one goes to [the owner], and the other goes to the priest.  Rabbi Tarfon says: The priest chooses the better one. Rabbi 'Akiva says: We compromise. The second one goes out to graze until it develops a blemish, and it is obligated regarding the [priestly] gifts. Rabbi Yossi exempts it because Rabbi Yossi says: When the exchange goes to the priest, [the other animal] is exempt from the [priestly] gifts.  Rabbi Meir obligates it.  If one of them dies, Rabbi Tarfon says: They divide [the value of the remaining one]. Rabbi 'Akiva says: One who comes to extract from one's friend has the burden of proof.  [If they give birth to] a male and a female, the priest receives nothing.  
  If an animal was born through Cesarean section and [a natural birth] came after it,  Rabbi Tarfon says: Both go out to graze until they develop blemishes and are eaten because of their blemishes by the owners. Rabbi 'Akiva says: Neither of them is a first born. The first [is not] because it did not open its mother’s womb, and the second [is not] because another preceded it. 
  
  
  
  If one buys an animal from a non-Jew and it is not known whether it had given birth or had not given birth, Rabbi Yishma'el says: [The offspring of] a goat in its first year certainly belongs to the priest. From that point on it is questionable. [The offspring of] a two-year-old ewe certainly belongs to the priest. From that point on it is questionable. [The offspring] of a three-year-old cow or donkey certainly belongs to the priest. From that point on it is questionable. Rabbi Akiva said to him: If an animal were exempted only with the birth of offspring, you would be correct. Rather they said: The sign of offspring in small cattle is filth [from the womb]. In large cattle [the sign is] the after-birth. In a woman [the sign is] the fetus and the after-birth. This is the general rule: When it is known that [the animal] has given birth, the priest receives nothing. When it has never given birth, it belongs to the priest. If there is a doubt, it is eaten blemished by the owners. Rabbi Eli'ezer ben Jacob says: If a large domestic animal discharges a clot of blood, [the clot] is buried, and [the mother] is exempt from [the obligations of] the firstborn. 
  Rabban Shim'on Ben Gamliel says: One who buys an animal that is nursing from a non-Jew need not be concerned that it had another child beforehand. If one entered his pen and saw those who had previously given birth nursing and those that had not previously given birth nursing, he need not be concerned that the child of this mother is nursing from that mother or that the child of that mother is nursing from this mother. 
  Rabbi Yossi ben Meshulam says: One who slaughters a firstborn makes a place with the hatchet on both sides, plucking out the hair but not removing it. One does the same when pulling back hair to examine the place of a blemish.  
  If the hair of a blemished first born falls out, and one places it in the window and then slaughters it, 'Akavya ben Mahalalel permits it but the Sages forbid it, according to Rabbi Yehudah. Rabbi Yossi says: It is not in this case that Akavya permits it. Rather, when the hair of a blemished firstborn falls out and one places it in the window and then it dies, 'Akavya ben Mahalalel permits it but the Sages forbid it. The wool hanging off a firstborn that appears [as though it is] from shearing is permitted. [Wool] that does not appear [as though it is] from the shearing is forbidden.  
  
  
  
  How long must an Israelite tend to the first born? Thirty days for a sheep or goat, and fifty days for a cow. Rabbi Yossi says: Three months for a sheep or goat. If the priest says to [the owner] during that time: "Give it to me", [the owner] does not give it to [the priest].  If it was blemished and [the priest] says to [the owner]: "Give it to me so I can eat it", it is permitted [to give it to the priest]. During the time of the Temple, if it is unblemished, and [the priest] says to [the owner]: "Give it to me so I can offer it", it is permitted [to give it to the priest]. The first born is eaten year by year, whether unblemished or blemished, as it is said (Deuteronomy 15:20): "You will eat it before God year by year". 
  If it develops a blemish within its first year, [the owner] is permitted to keep it the entire first year. [If it develops a blemish] after the first year, [the owner] is allowed to keep it only thirty days.  
  If one slaughters a first born and reveals its blemish, Rabbi Yehudah permits it [to be eaten]. Rabbi Meir says: Since it was not slaughtered by word of an expert, it is forbidden.
  If one is not an expert and sees a firstborn, and it is slaughtered by his word, it is buried and one pays from one's own funds.  If one judges a case and declared a liable [animal] innocent, an innocent [animal] liable, a pure [animal] impure, or an impure [animal] pure, what is done is done, and one pays from one's own funds. If one is an expert of the court one is exempt from paying. It once happened that Rabbi Tarfon fed a cow whose womb was taken out to the dogs. The case came before the Sages and they permitted it. Todos the doctor said: No cow or pig leaves Alexandria until they cut out its womb so it cannot give birth. Rabbi Tarfon [then] said: Your donkey has left you, Tarfon! Rabbi 'Akiva said to him: Rabbi Tarfon, you are exempt because you are an expert of the court, and experts of the court are exempt from payment.  
  We do not slaughter by the advice of one who takes a fee to see firstborn [animals for blemishes], unless the expert is like Ilah of Yavneh, whom the sages permitted to take four <i>issarot</i> [small-denomination coins] for a sheep or goat and six for a cow, whether it was unblemished or blemished. 
  If one takes a fee to judge, one's rulings are invalid. [If one takes a fee] to testify, one's testimony is invalid. [If one takes a fee] to sprinkle [ashes of the red heifer] or to mix [them with water], the water is like cave water and the ashes are the ashes of a regular fire. If a priest was made impure to eat <i>Terumah</i> [by the one who took the fee], one must feed him, give him drink and anoint him. If the person was old, one must transport him on a donkey give him his wages like a worker [idled from his work]. 
  If one is suspect regarding firstborns, venison or untreated hides may not be bought from that person. Rabbi Eli'ezer says: Hides of female animals may be bought. Bleached or dirty wool may not be bought, but spun wool and clothes may be bought. 
  If one is suspect regarding [observing] <i>Shevi'it</i>, flax may not be bought from that person even if it is combed, but spun or woven flax may be bought. 
  If one is suspect regarding selling <i>Terumah</i> as non-sacred produce, even water or salt may not be bought from that person, according to Rabbi Yehudah.  Rabbi Shim'on says: Anything which might be liable to <i>Terumah</i> and tithing may not be bought.
  One who is suspect regarding [observing] <i>Shevi'it</i> is not automatically suspect regarding tithes. One who is suspect regarding tithes is not automatically suspect regarding <i>Shevi'it</i>. One who is suspect on both is suspect on regarding purity. There is one who is suspect regarding purity but is not suspect regarding either of the others. The rule is that anyone who is suspect regarding something may not judge or give testimony about it. 
  
  
  
  All disqualified sanctified animals may be sold in the butcher shop, (slaughtered in the butcher shop,) and weighed against standard weights, except for the firstborn and the tithe, for their benefit [goes] to their owners. The benefit of disqualified sanctified animals goes to the Temple. Regarding a firstborn, we weigh a portion against a [non-sacred] portion.  
  Beit Shammai say an Israelite should not join a priest [in eating a disqualified] firstborn. Beit Hillel permit it even for a non-Jew. If a firstborn is seized by [excess] blood, we do not let its blood even if it will die, according to Rabbi Yehudah. The sages say: One may let its blood, but one may not make a blemish.  If one did make a blemish, one cannot slaughter it on that [basis].  Rabbi Shim'on says: One should let its blood even if he will make a blemish. 
  If one slits the ear of a firstborn it may never be slaughtered, according to Rabbi Eli'ezer. The sages say: Once it develops another blemish it may be slaughtered on that [basis]. It once happened that a Roman official saw an old ram with its wool matted and asked: "What is with this one?" They answered: "It is a firstborn and it may not be slaughtered unless it develops a blemish." He took a dagger and slit its ear. It came before the sages, and they permitted it. Once he saw that [the sages] permitted it, he went and made slits in the ears of other firstborns, and [the sages] forbade them. It once happened that children were playing in a field, and they tied the tails of two lambs to each other. One of the tails, belonging to a firstborn, was detached. This case came before the sages and they permitted it. Once [the people] saw that [the sages] permitted it, [the people] went and tied the tails of other firstborns together, but [the sages] forbade them.  This is the rule, anything intentional is forbidden, and that which is unintentional is permitted.  
  If one is chased by a firstborn, and one kicks it and causes a blemish, one may slaughter it on that [basis]. Israelite shepherds are trusted [regarding] all blemishes which could come about by human [causation] but priests [who are] shepherds are not trusted.  Rabban Shim'on ben Gamliel says: [The priest] is trusted regarding [the firstborn of] a friend but is not trusted regarding [the priest's] own. Rabbi Meir says: One who is suspected regarding something cannot judge [cases regarding] it and cannot testify [about] it. 
  A priest is trusted to say: "I examined this firstborn and it is blemished."  Everyone is trusted regarding the blemishes of tithed animals. A firstborn that was blinded, or whose leg was cut off or leg was broken may be slaughtered by the word of three [regular attendees] of the synagogue. Rabbi Yossi says: Even if there are twenty-three people it can only be slaughtered by the word of an expert. 
  If one slaughters and sells a firstborn, and it becomes known that it was not examined, what was eaten was eaten and one must return the money. Of what was not eaten, the meat should be buried, and one must return the money. Similarly, if one slaughters and sells a cow, and then becomes informed that it was torn, what was eaten was eaten and one must return the money. Of what was not eaten, the meat is returned and one must return the money.  If it is sold to non-Jews or thrown to dogs, one is paid the price of a torn animal.  
  
  
  
  For which blemishes do we slaughter a firstborn? If its ear is punctured through the cartilage, but not through the skin, if it is slit but not missing anything, if there is a hole the size of a vetch seed, or if it is dried up. What is considered dry? Anything that would not bleed if pierced. Rabbi Yossi ben Meshulam says: It is dry if it would crumble.  
  If the eyelid is pierced, punctured or slit, if the eyes have a cataract or a <i>tevalul</i> or a or a fleshy appendage or an blister.  What is a <i>tevalul</i>? If the white breaks through the iris and enters the black.  If the black enters the white it is not a blemish because there are no blemishes in the white.  
  Persistent white spots or tearing.  What is a persistent white spot? anything that lasts for eighty days.  Rabbi Chaninah ben Antignos says they check it three times during the eighty days.  Which [circumstances allow us to identify] persistent tearing: If it ate moist and [then] dry [grasses] from [a field watered by] rain. [But if it ate] moist and [then] dry [grasses] from [a field watered by] irrigation, [or if] it ate dry [grass] and then moist - it is not [considered] a blemish until [we see] he eats the dry after the moist.  
  If its nose was pierced or punctured or slit or if its lip was was pierce, punctured or slit, or if its front gums were punctured or [completely] receded, or if [its] back [gums] were uprooted - [these are blemishes]. Rabbi Chaninah ben Antignos says, we do not examine from the molars on back, nor do we examine the molars [themselves].
  If the sheath of the male organ was punctured - or the female genitalia, in the case of [other] sanctified [animals].  If the tail is missing [a vertebra] from the bone - but not from the [connection] joint - or if the end of the tail is split [and reveals] the bone or if there is flesh the width of a finger between each vertebra.   
  If it does not have testicles, or if it only has one. Rabbi Yishmael says: if it has two pouches, then it had two testicles; if it has one one pouch, then it has only one testicle.  Rabbi Akiva says: [in the latter case,] one should cause it to sit on its hind and squeeze, if there is a testicle there, it will come out.  It once happened that they squeezed and it did not come out, and they slaughtered it and found it stuck to the flank - Rabbi Akiva permitted [it] but Rabbi Yochanan forbade [it]. 
  If it has five legs or only three, or if its hooves are rounded like a donkey's or it is a <i>shachul</i> or <i>casul</i>.  What is a <i>shachul</i>? if its hip is dislocated.  And <i>casul</i>?  if one of its hips is [too] high. 
  If its foreleg or hind leg were broken even if [the break] is not discernable. These [last mentioned] are the blemishes that Ilah of Yavneh enumerated, and the Sages agreed with him. He added another three and they told him, we have never heard of these:  One whose iris is round like that of a human, or whose mouth looks  like a pig's or if most of the front [lit. "speaking"] part of the tongue has been removed.  Subsequent courts said: these are blemishes.  
  It once happened that the lower jaw extended longer than the upper one, and Rabban Shimon Ben Gamliel sent [an inquiry] to the Sages and they said it is a blemish.  The ear of a kid which was doubled - the Sages said: if it is a single upper lobe, it is a blemish, but if there isn't a single upper lobe, it is not a blemish.  Rabbi Chaninah ben Gamliel says, the tail of a kid which looks like [that] of a pig or if it does not have three vertebrae, it is a blemish. 
  Rabbi Chanina ben Antignos says: If it has a wart in its eye, or if its foreleg or hindleg was missing a piece or if the bone in its mouth [i.e. the jawbone] is split, f one eye is bigger than the other or if one ear is bigger than the other - [as judged] by appearance but not [if it must] be measured.  Rabbi Yehuda says, if one of its testicles is twice as large as the other [it is a blemish] but the Sages disagree.
  The tail of a calf which does not reach the leg joint - the Sages said: all growing calves are such [that their tails reach their knee joint, and] while they are growing, their tails [also] extend.  To which leg joint did they refer? Rabbi Chaninah ben Antignos says, to the joint in the middle of the thigh.  For [all] these blemishes [in this chapter], we slaughter the first born and invalid sanctified animals are redeemed because of them. 
  For the following they do not slaughter [as a sacrifice on the <i>mizbeach</i>] - neither in the Temple nor outside the Temple: If it had non-persistent white spots in its eye, or non-persistent tearing or if its inner gums are missing a piece but not uprooted, or if it had eczema, a wart or boils or if it was old or sick or smelled bad, or if a sin [of bestiality] was committed with it or if it killed a man [as determined] by the word of one witness or by the owners admission, a <i>tumtum</i> [an animal with recessed sexual organs whose sex is therefore impossible to determine, presently, by external examination. It is halachically uncertain whether such an animal is male or female] or an <i>androginos</i> [an animal with both male and female sexual organs. It is halachically uncertain whether such an animal is male, female or, perhaps, has a uniquely defined halachic sex], neither in the Temple or outside it. Rabbi Yishmael says, there is no blemish greater than this [i.e. being an <i>androginos</i>;] but the Sages say it is not a first born and can be sheared and worked.
  
  
  
  These blemishes whether permanent or temporary invalidate a person [i.e., a priest, from serving in the Temple].  [The following] are added to these regarding a person: one whose head is shaped like a pyramid, or a radish or a hammer, or one whose head protrudes in front or if it does not protrude in the back. A hunchback, Rabbi Yehuda validates, and the Sages invalidate.  
  One who is bald is invalid? Who is considered bald?  Anyone who does not have a line of hair that encompasses [his head] from ear to ear; but if he does have [such] hair,  he is valid.  If he does not have eyebrows, or if he only has one, this is the <i>giben</i> spoken of in the Torah.  Rabbi Dosa says: anyone whose eyebrows droop.  Rabbi Chanina Ben Antignos says: anyone with scoliosis [lit. "two backs and two spines"]. 
  The <i>charum</i> is invalid.  Who is a <i>charum</i>? One who can paint both his eyes at once [i.e., his nasal bridge is sunken].  If both his eyes are higher than normal or lower than normal or if one eye is higher than the other, or if one eye looks up while the other looks down [lit., "he sees the room and the attic at the same time"], or one who closes his eyes in the sun or one who has mismatched eyes or one whose eyes constantly tear.  If his eyelashes fell out, he is invalid because of <i>mar'it ha'ayin</i> [an action or situation which might be misinterpreted by the casual viewer, who might think it involves a transgression where there is none, or come to permit forbidden actions based on what he has seen]. 
  If his eyes were as big as [those] of a calf or as small as [those] of a goose, if his body is larger than [i.e., large in relation to the size of] his limbs or smaller than his limbs, or if his nose is bigger than his limbs or if it is smaller, the <i>tsimem</i> and the <i>tsime'a</i>.  Who is a <i>tsime'a</i>?  One whose ears are small.  And a <i>tsimem</i>?  One whose ears look [wrinkled] like sponges.
  If his upper lip extends beyond the lower one, or if the lower one protrudes beyond the upper one -  this is a blemish.  If his teeth fell out he his invalid because of <i>mar'it ha'ayin</i> [an action or situation which might be misinterpreted by the casual viewer, who might think it involves a transgression where there is none, or come to permit forbidden actions based on what he has seen].  If his breasts hang like a woman's or if his stomach protrudes, of if his naval protrudes or if he is epileptic even infrequently if melancholia comes upon him, if his testicles are unusually large or if his male member is very long [these are blemishes].  If he does not have testicles or if he only has one, this is the <i>meruach ashakh</i> spoken of in the Torah.  Rabbi Yishmael says: one whose testicles are crushed, Rabbi Akiva says: one whose testicles are bloated, and Rabbi Chanina ben Antignos says: one whose complexion is dark.
  One whose ankles or knees knock or a <i>ba'al pikah</i> or an <i>akel</i> - [these are blemishes].  Who is an <i>akel</i>? One who places his feet together and his knees do not touch.  [Who is a <i>ba'al pikah</i>?] If a bunion extends from his thumb or big toe. [If] his heel juts out backward, or if his sole is as wide as that of a goose.  If his fingers or toes lie on top of each other, or they are webbed up to the joint - he is valid; beyond the joint and he cut it - he is valid.  If he had an extra [digit] and he cut it off, if there was a bone in it, he is invalid, but if not he is valid.  If he had extra [digits] on his hands and feet - [if he has] six digits each [for a total of] twenty-four, Rabbi Yehuda validates him, but the Sages invalidate him.  One who is ambidextrous - Rabbi [Yehudah HaNasi] invalidates him but the sages validate him.  A dark-skinned person, or red-skinned or an albino or a very tall person or a dwarf or a deaf-mute or a <i>shoteh</i>, or one who is drunk or one who has lesions [deemed] pure, these invalidate a person but are valid for an animal.  Rabban Shimon ben Gamliel says:  An insane animal is not considered choice [for sacrificial use], Rabbi Eliezer says also those with dangling [appendages of] flesh - this is invalid in a person but valid for an animal.  
  The following are valid in a person but invalid for an animal.  One and one's child [one the same day], a <i>treifah</i> [possession an organic condition which will cause death within one year], one born through cesarean section, (or if a sin [of bestiality] was committed with or by them or if it killed a person).  One who marries women who are forbidden to him is unfit until he takes a vow not to receive benefit from her.  One who touches dead bodies is invalid until he accepts upon himself to not touch dead bodies.
  
  
  
  There is one who is a firstborn for [inheriting a double] portion but is not a firstborn for [paying his redemption price] to the priest, a firstborn for the priest but not for the portion, [a firstborn] for both the priest and the portion and [a firstborn] for neither the priest nor the portion.  Who is the firstborn for the portion but not the priest?  One who is born after an abortus whose head emerged [while still] alive [and was then withdrawn], or after a nine-month [stillbirth] whose head emerged [though already dead [and was then withdrawn], or after [woman] miscarries [something that] resembles an animal, beast or bird [these are] the words of Rabbi Meir.  The Sages say: until it has the figure of a person. One who miscarries [something that resembles] a sandal or an afterbirth or fetal sac [containing] tissue or a dismembered [fetus], the one that comes after them is a firstborn for the portion but not for the priest.  One who never had children and [then] married a woman who already had children - [even if] she was a slave [when she gave birth] and then freed, or  she was a non-Jew [when she gave birth] and she converted, and once she became Jewish she gave birth [again], [the baby is] a firstborn for the portion but not for the priest. Rabbi Yossi Haglili says: it is a firstborn for the portion and the priest, as it says (Exodus 13) "Any opening of a womb in Yisrael" - until they open a womb of an Israelite.  One who had children and married a woman who had not given birth, or [if a woman] converted pregnant or was freed [from slavery] pregnant, or if she and a woman married to a priest gave birth or she and a woman married to a Levite gave birth or she and a woman who already gave birth, gave birth [and it was not certain whose baby was whose in these cases], and one who did not wait three months after her husband [died] and got married and gave birth and they do not know if it was nine months from the first husband or seven months from the second, the child is a firstborn for the priest but not for the portion.  Who is a firstborn for the portion and the priest?  One who miscarries a fetal sac full of blood, water, or worm[like tissue], or if she miscarried [something that] resembles fish, locust, insects or reptiles, or one who miscarries on [or before] the fortieth day, the one that comes after them is a firstborn for the portion and the priest. 
  One born through cesarean section and the one that comes after him are not a firstborn for the portion or the priest.  Rabbi Shimon says: the first one is for the portion and the second is for the five <i>selaim</i> [coins given to the priest].
  One whose wife had never given birth and she gave birth to two boys - he gives five <i>selaim</i>to the priest.  If one of them died within thirty days,  the father is exempt.  If the father died and the children are still alive - Rabbi Meir says: if they gave [the five <i>selaim</i>] before they divided the estate - it is given, if not - they are exempt; Rabbi Yehuda says: the estate became obligated.  If she gave birth to a boy and a girl the priest gets nothing.
  [If] two wives [of one man] who have not given birth then give birth to two boys - he gives ten <i>selaim</i> to the priest.  If one of the children dies within thirty days - if [all ten] were given to one priest, he returns five to him.  If they were given to two priests, he cannot extract [the money] from [either of] them.  If they gave birth to a boy and a girl or two boys and a girl - he gives five <i>selaim</i> to the priest.  Two girls and a boy or two boys and two girls, the priest receives nothing.  If one woman had given birth and the other had not, and they give birth to two boys - he gives five <i>selaim</i> to the priest.  If one of them dies within thirty days, the father is exempt.  If the father dies and the children are still alive, Rabbi Meir says: if they gave [the five <i>selaim</i>] before the estate was divided - it is given, if not - they are exempt.  Rabbi Yehuda says: the estate became liable.  If they gave birth to a boy and a girl the priest receives nothing.
  [If] two wives of two men who had not given birth then give birth to two boys [who became mixed up], this one gives five <i>selaim</i> to a priest and this one gives five <i>selaim</i> to a priest.  If one of them dies within thirty days - if [the five <i>selaim</i>] were given to one priest, he gives them back five <i>selaim</i>.  If they were given to two priests, they cannot extract [the money] from [either of] them.  A boy and a girl, the fathers are exempt and the boy must redeem himself.  If they gave birth to two girls and a boy or two boys and two girls, the priest receives nothing.
  If one woman had given birth and the other had not - [being the wives] of two men and they then give birth to two boys [who became mixed up] - the one whose wife had not given birth gives five <i>selaim</i>to a priest.  If they gave birth to a boy and a girl the priest receives nothing.  If the boy dies within thirty days, even if he already gave [the money] to the priest, (the five <i>selaim</i>) returns (to him).  [If he dies] after thirty days - even if he hasn't given yet he must give. If he dies on the thirtieth day it is like the day before.  Rabbi Akiva says: if he gave already he cannot take it back, but if he hasn't given yet he does not have to give.  If the father died within thirty days it is assumed [the son] was not redeemed until he brings proof that he was redeemed.  After thirty days, it is assumed he was redeemed until (they testify) that he was not redeemed.  If he has to redeem [both] himself and his son - he comes before his son.  Rabbi Yehuda says: his son comes first because his obligation is on his father, while his son's obligation is on him.
  The five <i>selaim</i> of his son, are [denominated] in Tyrean <i>maneh</i> [coins], the thirty of the slave, the fifty of the raper and seducer or the hundred of the slanderer are all in the Shekel of the Temple [as calculated by reference to] Tyrean <i>maneh</i>.  And [items that can be redeemed] are all redeemed [either] with money or with something that has monetary value, except for <i>shekalim</i> [i.e., the yearly half-shekel obligation to the Temple].
  We do not redeem [a firstborn person using] slaves or documents or property [nor do we use them to redeem] sanctified items.  If he wrote to a priest that he owes him five <i>selaim</i>, he must give them to him, but his son is not redeemed - therefore, if the priest wants to return [the money] to him as a gift he is permitted.  If one set aside money for the redemption of his son and it was lost - he is obligated to replace it as it says (Numbers 18) "It [the firstborn] shall be yours" [until] "you shall surely redeem".
  The firstborn takes a double portion in the property of his father but does not take a double portion of the mother's property.  And he does not take a double portion in [its increase in] value [after his death], nor in what is fit [to come into possession of his estate, but rather] in what he holds now.  Neither a woman [collect] for her <i>ketubah</i> nor daughters for their sustenance, and nor the <i>yavam</i>, none of them take a double portion in [its increase in] value [after his death], nor in what is fit [to come into possession of his estate, but rather] in what he holds now.   
  These do not return on the Jubilee year: the first born portion, one who inherits his wife, or who performs Levirate marriage to his brother's wife, or a gift - [these are] the words of Rabbi Meir.  The Sages say: a gift is like a sale.  Rabbi Eliezer says: all of these things are returned on the Jubilee year.  Rabbi Yochanan ben Beroka says: one who inherits his wife should return it to her family and he may deduct [her burial expenses] from the money. 
  
  
  
  The animal tithe applies both in Israel and outside Israel, both when the Temple stands and when the Temple does not exist, for non-sacred animals but not for sacred animals.  And it applies to cattle and flock [i.e., sheep and goats], but they cannot be tithed one for the other.  [It applies to] sheep and goats, and they may be tithed one for the other.  It applies to both new and old animals but they are not tithed one for the other.  Because we could have said: If old and new animals which do not make a mixed breed, are not tithed one for the other, all the more so sheep and goats,  which do create a mixed breed, certainly should not be tithed one for the other! Therefore it says (Leviticus 27) "and flock" which means all [types of] flock [animals] are one. 
  Tithed animals join together as long as they are within grazing distance [of one another].  And what is grazing distance? Sixteen [Roman] miles.  If there was between these [animals] and these [animals] thirty-two mils, they do not combine.  If [however] he had one [animal] in the middle he brings them into the middle and tithes them. Rabbi Meir says: the [river] Jordan is divides for matters of tithing animals. 
  That which was bought or given to him as a gift is exempt from the animal tithe.  [Orphaned] brothers [who are are still] partners who are obligated in the <i>kalbon</i> [surcharge added, in certain cases, to the yearly half-shekel Temple dues] are exempt from the animal tithe and those who are obligated in the animal tithe are exempt from the <i>kalbon</i>.  If they bought it with what they inherited they are obligated but if not they are exempt.  If they divided [their jointly-held inheritance] and then became partners once again, they are obligated in the <i>kalbon</i> but exempt from the animal tithe. 
  All enter the pen to be tithed except mixed species, a <i>terefah</i>, [one delivered by] cesarean section, an animal too young for sacrifice, and an orphan.  And what is an orphan? When its mother has died during its birth or was slaughtered [and subsequently gave birth.]  Rabbi Joshua says: even if its mother has been slaughtered, if the [mother's] hide is still intact the offspring is not an orphan.
  There are three <i>granot</i> [calving season cut-off date, after which it is prohibited to sell or slaughter, before tithing them, animals born during that period]for animal tithes: before Pesach, before Shavuot and before Sukkot, [these are] the words of Rabbi Akiva.  Ben Azzai says: on the twenty-ninth of Adar, on the first of Sivan and on the twenty-ninth of Av.  Rabbi Elazar and Rabbi Shimon say: on the first of Nisan, on the first of Sivan and on the twenty-ninth of Elul.  And why did they say the twenty-ninth of Elul and not the first of Tishrei?    Because it is a holy day and it is impossible to tithe on a holy day. Therefore, they moved it up to the twenty-ninth of Elul.  Rabbi Meir says: the first of Elul is the New Year for the animal tithe.    Ben Azzai says: those born in Elul are tithed by themselves. 
  All animals born from the first of Tishrei till the 29th of Elul joint together [for tithing].  Five from before Rosh Hashanah and five from after Rosh Hashanah do not join together.  Five before a <i>goren</i> and five after <i>goren</i> join together.  If so why did they say there are three <i>granot</i> for the animal tithe?  Because until the <i>goren</i> has arrived, it is permitted to sell and slaughter [without tithing], once it has arrived one may not slaughter [without tithing] but if he did, he is exempt [from punishment].
  How does one tithe animals?  He brings them to a pen and makes for them a small opening so that two cannot go out at the same time.  And he counts them with a rod: one, two, three, four, five, six, seven, eight, nine.  And the one that comes out tenth he marks with red chalk and he says: “Behold, this is the tithe.”  If he did not mark it, or if he did not count them with a rod, or if he counted them while they were crouching or standing [still], they are [nevertheless] tithed.  If he had one hundred [lambs] and he took ten or if he had ten and he took one [without counting], this is not [a valid] tithe.    Rabbi Yose bar Judah says: this is a [valid] tithe.  If one of the [animals] already counted jumped back into the [uncounted] flock, they are all exempt. If one of the [animals] already tithed [jumped back] into the flock, they all go to pasture until they become blemished, and [then] the owners may eat them due to their blemish.  
  If two came out at the same time, he counts them two at a time.    If he counted [the two] as one, the ninth and the tenth are spoiled.    If the ninth and the tenth came out at the same time, the ninth and the tenth are spoiled. If he called the ninth "tenth", the tenth "ninth" and the eleventh "tenth", all three are holy: the ninth may be eaten when it becomes blemished, the tenth is the tithe and the eleventh is sacrificed as a <i>shelamim</i> offering, and it can make a <i>temurah</i>- [these are] the words of Rabbi Meir.  Rabbi Judah said: can one <i>temurah</i> make another <i>temurah</i>?  They said in the name of Rabbi Meir: if it were a <i>temurah</i>, it would not have been sacrificed. If he called the ninth "tenth", tenth "tenth" and the eleventh "tenth", the eleventh is not holy.   The following is the general rule: wherever the name of the tenth [animal] has not been uprooted, the eleventh is not holy.  