meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Kodashim/Mishnah Bekhorot/English/merged.txt"}
text: Mishnah Bekhorot
  משנה בכורות
  merged
  
  This file contains merged sections from the following text versions:
  -Mishnah Yomit by Dr. Joshua Kulp
  -
  
  Mishnah Bekhorot
  
  
  
  
  
  [An Israelite] who buys a fetus of a donkey belonging to a non-Jew or who sells one to him, although this is not permitted, or who forms a partnership with him, or who receives [an animal] from him to look after or who gives [his donkey] to him to look after, is exempt from the [law of the] bekhor, for it says: [“I sanctified to me all the firstborn] in Israel,” (Numbers 3:13) but not in non-Jews. Priests and levites are exempt through [an argument made by a] kal vehomer: if they exempted the first-born belonging to the Israelites in the wilderness, it follows all the more so that they should exempt their own.
  If a cow gave birth to a species of donkey, or a donkey gave birth to a species of horse, it is exempt from [the law of] the firstling, for it is said, “the firstling of a donkey,” “the firstling of a donkey,” twice [to teach that the law of the firstling does not apply] until that which gives birth is a donkey and that which is born is a donkey. And what is the law with regard to eating them? If a clean animal gave birth to a species of unclean animal, it is permitted to be eaten. But if an unclean animal gave birth to a species of a clean animal, it is forbidden to be eaten, for that which comes out of the unclean is unclean and that which comes out of the clean is clean. If an unclean fish swallowed a clean fish, it is permitted to be eaten. But if a clean fish has swallowed an unclean fish, the latter is forbidden to be eaten, because it is not [the clean fish's] growth.
  If a donkey that had never before given birth gave birth to two males, he gives one lamb to the priest. [If it gave birth to] a male and a female, he sets aside one lamb [which he keeps] for himself. If two donkeys that had never before given birth gave birth to two males, he gives two lambs to the priest. [If they gave birth to] a male and a female or two males and a female, he gives one lamb to the priest. [If they gave birth to] two females and a male or to two males and two females the priest receives nothing.
  If one donkey had given birth before and one had not given birth before and they gave birth to two males, he gives one lamb to the priest. [If they gave birth to] a male and a female, he sets aside one lamb [which he keeps] for himself. For it says, “And the firstling of a donkey you shall redeem with a lamb” (Exodus 34:20), [the lamb can come either] from the sheep or the goats, male or female, large or small, unblemished or blemished. He can redeem with the same lamb many times. [And the lamb] enters the pen to be tithed. If it dies [before he gives it to the priest], he can benefit from it.
  We do not redeem with a calf, a wild animal, an animal slaughtered, a terefah, kilayim (a mixed breed) or a koy. Rabbi Eliezer permits [redemption] with kilayim because it is a lamb. But he forbids with a koy, because its nature is doubtful. If he gave [the first-born of a donkey] itself to the priest, the latter may not keep it, until he sets aside a lamb in its place.
  If one sets aside [a lamb] for the redemption of the first-birth of a donkey and it died: Rabbi Eliezer says: he is responsible as is the case with the five selas for the redemption of the first-born. But the sages say: he is not responsible, as is the case with the redemption of the second tithe. Rabbi Joshua and Rabbi Zadok testified concerning the redemption of the first-born of a donkey which died that the priest receives nothing [in such circumstances]. If the first-born of a donkey died [after the lamb for redemption had been set aside]: Rabbi Eliezer says: it shall be buried, but the lamb may be used. But the sages say: it does not need to be buried and the lamb belongs to the priest.
  If he does not wish to redeem it, he breaks its neck from behind with a large knife and buries it. The mitzvah of redemption takes priority over the miztzah of breaking its neck, for it says: “And if you don’t redeem it, you must break its neck” (Exodus 13:13). The mitzvah of designation takes priority over the mitzvah of redemption, for it says: “Who has betrothed her to himself, he must let her be redeemed” (Exodus 21:8). The mitzvah of yibbum is prior to the mitzvah of halitzah. [This was so] at first when they intended to carry out the mitzvah. But now that they do not intend to carry out the mitzvah, the [rabbis] have said: the mitzvah of halitzah takes priority over the mitzvah of yibbum. The mitzvah of redemption [of an unclean animal whose value has been dedicated to the Temple] is upon the owner. He takes priority over any other man, for it says: “If it is not redeemed, then it shall be sold according to your evaluation” (Leviticus 27:27).
  
  
  
  [An Israelite] who buys a fetus of a cow belonging to a non-Jew or who sells one to him, although this is not permitted, or who forms a partnership with him, or who receives [an animal] from him to look after or who gives [his cow] to him to look after, is exempt from the [law of the] bekhor, for it says: [“I sanctified to Me all the firstborn] in Israel,” (Numbers 3:13) but not in non-Jews. Priests and Levites are subject [to the law of the first-born pure animal]. They are not exempt from [the law of] the first-born of a clean animal, but only of a first-born son and the first-born of a donkey.
  All consecrated animals whose permanent physical blemish preceded their consecration and were then redeemed:Are subject to the law of the firstling and to the priestly gifts, And when they become like hullin [by being redeemed] they may be shorn and may be put to work. And their young and their milk are permitted after they have been redeemed. And he who slaughtered them outside the sanctuary is not liable. And they do not render what is substituted for them [holy]. And if they died they may be redeemed, except for the firstling and the tithe of cattle.
  All [consecrated animals] whose consecration preceded their permanent, or their impermanent blemish [preceded] their consecration and subsequently they contracted a permanent blemish, and they were redeemed:Are exempt from the law of the firstling, and from priestly gifts; And they are not like unconsecrated animals to be shorn or put to work; And [even] after they have been redeemed their young and their milk are forbidden; And he who slaughtered them outside the sanctuary is liable; And they render what was substituted for them [holy], And if they died they must be buried.
  If one receives flock from a non-Jew on “iron terms” their offspring are exempt [from the law of] the first born. But the offspring of their offspring are liable [to the law of the first born]. If [the Israelite] put the offspring in the place of their mothers, then the offspring of the offspring are exempt, but the offspring of the offspring of the offspring are liable. Rabban Shimon ben Gamaliel says: even for ten generations the offspring are exempt [from the law of the first born] since they are pledged to the non-Jew.
  If a ewe gave birth to what looked like a kid, or a [female] goat gave birth to what looked like a lamb, it is exempt from [the law of] the first born. But if it some of the signs of [its mother] it is liable [to the law of the first born].
  If a ewe which never before had given birth bore two males and both heads came forth simultaneously: Rabbi Yose the Galilean says: both belong to the priest for scripture says: “The males shall be the Lord’s” (Exodus 13:12). But the sages say: it is impossible, therefore one remains [with the Israelite] and the other is for the priest. Rabbi Tarfon says: the priest chooses the better one. Rabbi Akiva says: we compromise between them. The second one [in the Israelite's possession] is left to pasture until it becomes blemished and the owner is liable for the [priest's] gifts. Rabbi Yose exempts him. If one of them died: Rabbi Tarfon says: they divide [the living one]. Rabbi Akiva says: the burden of proof is upon the claimant. If it gave birth to a male and a female, the priest receives nothing [in such circumstances].
  If two ewes which had never previously given birth bore two males, both belong to the priest. [If they gave birth] to a male and a female, the male belongs to the priest. [If they gave birth] to two males and a female, one remains with him, and the other belongs to the priest. Rabbi Tarfon says: the priest chooses the better one. Rabbi Akiva says: we compromise between them. The second one [in the Israelite's possession] is left to pasture until it becomes blemished and the owner is liable for the [priest's] gifts. Rabbi Yose exempts him. If one of them died: Rabbi Tarfon says: they divide [the living one]. Rabbi Akiva says: the burden of proof is upon the claimant. [If they gave birth to] two females and a male or two males and two females, the priest receives nothing in such circumstances.
  If one [of the ewes] had given birth and the other had never previously given birth and they bore two males, one remains with him and the other belongs to the priest. Rabbi Tarfon says: the priest chooses the better one. Rabbi Akiva says: we compromise between them. The second one [in the Israelite's possession] is left to pasture until it becomes blemished and the owner is liable for the [priest's] gifts. Rabbi Yose exempts him. For Rabbi Yose says: wherever the priest receives [an animal] in its place, he is exempt from the priestly gifts. Rabbi Meir however makes him liable. If one of them died: Rabbi Tarfon says: they divide [the living one]. Rabbi Akiva says: the burden of proof is upon the claimant. If they gave birth to a male and a female, the priest receives nothing [in such circumstances].
  With regard to [an animal] that was born through a cesarean section and the first born which came after it:Rabbi Tarfon says: both go out to pasture until blemished and are eaten with their blemishes by the owners. But Rabbi Akiva says: neither of them is a first born; the first because it did not open its mother’s womb, and the second, 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 Ishmael says: that born of a goat in its first year certainly belongs to the priest; after that, it is a questionable case [of a first-born]. That born of a ewe two years old certainly belongs to the priest; after that, it is a questionable case [of a first born]. That born of a cow or a donkey three years old certainly belongs to the priest; after that, it is a questionable case [of a first born]. Rabbi Akiva to him: if an animal were exempted [from the law of the first born] only with the birth of [actual] offspring, it would be as you say. But they said: the sign of offspring in small cattle is a discharge [from the womb].  In large cattle, the after-birth; in a woman, the signs are the fetus and the after-birth. This is the general rule: Whenever it is known that it had given birth, the priest receives nothing. Whenever it had never given birth, it belongs to the priest. If there is a doubt, it shall be eaten blemished by the owners. Rabbi Eliezer ben Jacob says: if a large domestic animal has discharged a clot of blood, it [the clot] shall be buried, and it [the mother] is exempted from the law of the first born.
  Rabban Shimon b. Gamaliel says: if one buys a nursing animal from a non-Jew, he need not fear that perhaps the offspring belongs to another [animal]. If he went among his herd and saw animals which had given birth for the first time nursing and animals which had not given birth for the first time nursing, we need not fear that perhaps the offspring of this one came to the other or perhaps the offspring of the other came to this one.
  Rabbi Yose ben Meshullam says: one who slaughters the first born, [first] clears a space with the [butcher's] knife on both sides and tears the hair, as long as he does not remove the wool from its place. And similarly one may tear the hair to show the place of the blemish [to a sage].
  If [a portion of] the hair of a blemished first born fell out and he placed it in the window, and then he slaughtered the animal, Akavya ben Mahalalel allows it. But the sages forbid it, the words of Rabbi Judah. Rabbi Yose said to him: Akavya ben Mahalalel did not allow [only] in this case, but [even] in the case where the hair of a blemished first born which fell out and he placed it in the window, and the animal died subsequently, [even] in this case Akavya ben Mahalalel allows, but the sages forbid. If the wool of a first born is hanging loose, that part which appears [on a level] with [the rest of] the wool is permitted, whereas that which does not appear [on a level] with [the rest of] the wool is forbidden.
  
  
  
  For how long is an Israelite bound to take care of a first born? In the case of small cattle, for thirty days, and large cattle, fifty days. Rabbi Yose says: in the case of small cattle, three months. If the priest says [to the Israelite] during this period “Give it to me,” he must not give it to him. But if the first born was blemished and the priest said to him “Give it to me so that I may eat it,” then it is allowed. And in Temple times, if [the first born] was in an unblemished state and the priest said to him “Give it to me, and I will offer it up it was allowed.” A first born is eaten year by year both in an unblemished as well as in a blemished state,   for it is said: “You shall eat it before the Lord your God year by year” (Deuteronomy 15:20).
  If a blemish appeared on it in its first year, he is permitted to keep it all the twelve months. If after the twelve months, however, he is not permitted to keep it except for thirty days.
  If one slaughtered the first born and then showed its blemish [to an expert]:Rabbi Judah permits, But Rabbi Meir says: since it was not slaughtered by the instructions of the expert, it is forbidden.
  If one who is not an expert sees a first born and it was slaughtered by his instructions, in such a case it shall be buried and he shall make reparation from his own pocket. If a [non-expert] judge gave a judgment and declared innocent a person who was really liable or made liable a person who was really innocent, declared unclean a thing which was clean or declared clean a thing which was really unclean, his decision stands but he has to make reparation from his own pocket. If the judge was an expert [sanctioned by the] court, he is exempt from making reparation. It happened once that a cow's womb was removed and Rabbi Tarfon gave it [the cow] to the dogs to eat. The matter came before the sages at Yavneh and they permitted the animal. Todos the physician said: no cow or pig leaves Alexandria of Egypt before its womb is removed in order that it may not breed. Rabbi Tarfon said: “There goes your donkey, Tarfon.” Rabbi Akiva said to him: you are exempt, for you are an expert and whoever is an expert sanctioned by the court is exempt from reparation.
  If one takes payment for seeing first borns, they must not be slaughtered by his instructions unless he was an expert like Ila in Yavneh whom the sages permitted to accept four isars for small cattle and six as for large cattle, whether unblemished or blemished.
  If one takes payment to act as a judge, his judgments are void; to give evidence, his evidence is void; to sprinkle or to sanctify, the waters are considered cave waters and the ashes are considered burned ashes. If he was a priest and he was made unclean regarding his terumah, he must give him food and drink and rub him with oil. And if he was an old sage, he mounts him on a donkey. He also pays him as he would a workman.
  If one is suspected in connection with first borns, one must not buy from him even deer's flesh or unprocessed hides. Rabbi Eliezer says: one may buy from him female hides we may buy from him. One may not buy from him washed or dirty wool, but one may buy spun wool or garments.
  If one is suspected of [ignoring the] sabbatical year, one may not buy from him flax, even combed; but spun or woven flax may be bought from him.
  If one is suspected of selling terumah as hullin, one may not buy even water and salt from him, the words of Rabbi Judah. Rabbi Shimon says: [one may not buy from him] whatever is connected to terumah and tithes.
  One who is suspected of ignoring the sabbatical year is not suspected of ignoring [also] the tithes. One who is suspected of ignoring tithes is not suspected of ignoring [also] the sabbatical year. One who is suspected of ignoring both is suspected of ignoring the rules of purity. And it is possible for one to be suspected of ignoring the rules of purity and yet not be suspected of ignoring the two laws [cited above]. This is the general rule: one who is suspected of [transgressing] something must not give judgment on it or testify concerning it.
  
  
  
  All dedicated animals which became unfit [for the altar] are sold in a market, slaughtered in a market and weighed by the liter, except for a first born or a tithed animal, as their profit goes to the owners, [whereas] the profit on dedicated objects which became unfit goes to the Temple. One can weigh one piece of meat of the first-born against another piece of ordinary meat.
  Bet Shammai says: An Israelite must not be invited to share [a blemished first born] with a priest. But Bet Hillel permits this, even in the case of a non-Jew. If a first born has a blood attack, even if it is going to die, its blood may not be let, the words of Rabbi Judah. But the sages say: he may let its blood, as long as he does not make a blemish. And if he made a blemish, he must not slaughter it on account of this. Rabbi Shimon says: he may let blood, even though he makes a blemish.
  If one makes a slit in the ear of a firstborn animal, he may never slaughter it, the words of Rabbi Eliezer. But the sages say: when another blemish appears, he may slaughter it on account of it. It happened that a quaestor (a Roman official) saw an old male lamb with its long wool hanging down and asked: what is the meaning of this?  They replied: “It is a first born and is not to be slaughtered until it has a blemish,” [The quaestor] took a dagger and slit its ear. The matter came before the sages and they permitted it.  After they had permitted, he went and sliced the ears of other [first borns]. The [sages] forbade them. Once children were once playing in a field. They tied the tails of sheep one to the other and one tail which belonged to a first born was severed. The matter came before the rabbis and they permitted [the first born]. When the children saw that they had permitted [the first born to be slaughtered], they proceeded to tie the tails of other first borns. The [sages] forbade [the other first borns]. This is the rule: wherever the blemish is caused with the knowledge and consent [of the owner] it is forbidden, but, if it is not with his knowledge and consent, it is permitted.
  If a first born was running after him and he kicked it and thereby blemished it, he may slaughter it on account of this. Any blemish which might have been made by a person, Israelite shepherds are trustworthy whereas shepherds who are priests are not trustworthy. Rabban Shimon ben Gamaliel says: he is trustworthy with regard to somebody else's first born, but he is not trustworthy with regard to his own. Rabbi Meir says: one who is suspected of neglecting a religious matter must not issue judgment on it or give evidence concerning it.
  A priest is trusted to say, “I have shown this first born [to an expert] and it is blemished.” All are trust worthy with regard to the blemishes of a tithed animal. A first born whose eye was blinded or whose fore-foot was cut off, or whose hind-leg was broken, may be slaughtered with the approval of three [persons] of the synagogue. But Rabbi Yose says: even if twenty-three were present, it must not be slaughtered except with the approval of an expert.
  If one slaughtered a first born and it became known that he had not shown it [to an expert]: That which [the purchasers] have eaten, they ate, and he must return the money to them. That which they have not yet eaten, the flesh must be buried and he must return the money to them. And likewise if one slaughtered a cow and sold it and it became known that it was terefah: That which [the purchasers] have eaten, they ate, and he must return the money to them. That which they have not eaten, they return the flesh to him and he must return the money to them. If [the purchasers], sold it to non-Jews or cast it to dogs, they must pay him the price of a terefah.
  
  
  
  In consequence of the following blemishes a first-born animal may be slaughtered:If its ear has become defective, from the cartilages [inward] but not if the defect is in the ear-flap; If it is slit although there was no loss [of substance]; If it is perforated with a hole as large as a karshinah Or if [the ear] has become dry. What is considered “becoming dry”? If when pierced no drop of blood comes out. Rabbi Yose ben Meshullam says: [it] is dry when it crumbles [when touched].
  One whose eyelid is pierced, defected or slit, Or if the eye has a cataract, or a tevalul, halazon [snail-shaped], nahash [snake-shaped] or a [berry-shaped] growth on the eye, [the animal is disqualified]. What is a tevalul? The white of the eye breaking through the ring and entering into the black. But if the black breaks through the ring and goes into the white, it is not a [disqualifying] blemish, because there are no disqualifying blemishes as regards the white of the eye.
  Havarvar [white spots] on the cornea and water constantly dripping from the eye, [are disqualifying blemishes]. What do we mean by a permanent hawarwar? If it remained for a period of eighty days. Rabbi Hanina ben Antigonus says: we must examine it three times in the eighty days. And the following are cases of constant dripping from the eye [and how to test its permanency]: if it ate [for a cure] fresh [fodder] and dry [fodder] from a field sufficiently watered by rain [it is a permanent blemish, if not cured]. [If it ate] fresh [fodder] and then dry [fodder] from a field requiring artificial irrigation, or if it ate dry [fodder] first and then fresh [fodder from field watered by rain] it is not a blemish unless it eats dry [fodder] after the fresh.
  If its nose is perforated, defective, or slit, or its upper lip perforated, defective, or slit [these are disqualifying blemishes]. If the outer incisors are defective or leveled [to the gum] or the molars are torn out [completely], [these are disqualifying blemishes]. But Rabbi Hanina ben Antigonus says: we do not examine behind the molars, nor the molars themselves.
  If the sheath [of the penis] is defective or the genitals of a female animal in the case of sacrificial offerings [it is defective.] If the tail is mutilated from the bone but not from the joint; or if the top end [root] of the tail is bared to the bone; or if there is flesh between one joint and another [in the tail] to the amount of a finger's breadth [the animal is defective].
  If [a first born] has no testicles or if it only has one testicle, [it is a blemish]. Rabbi Ishmael says: if it has two pouches, then it has two testicles, but if it only has one pouch, then it only has one testicle. Rabbi Akiva says: [the animal] is placed on its buttocks and he squeezes [the pouch]. If a testicle is [in there, inside the pouch] it will eventually come out. It happened that one squeezed it and [the testicle] did not come out, but when it was slaughtered [the testicle] was found attached to the loins, and Rabbi Akiva permitted [the animal] while Rabbi Yohanan ben Nuri prohibited it.
  If [a first born] has five legs or if it has only three legs, or if its feet are uncloven like that of a donkey, or if it is a shahul or a kasul [these are blemishes]. What is a shahul? [An animal] with a dislocated hip. What is a kasul? [An animal] one of whose hips is higher than the other.
  If the bone of the fore-leg or of its hind-leg is broken, even though it is not noticeable,   [this is a blemish]. These blemishes Ila enumerated in Yavneh and the sages agreed with him. He also added another three cases [of blemishes]. They said to him: we have only heard these [already mentioned previously]. [The three added by Ila were]: one whose eyeball is round like that of a human or whose mouth is like that of a pig or if the greater part of the speaking part of the tongue has been removed. A subsequent court ruled however: each of these cases is a [disqualifying] blemish.
  It happened that the lower jaw [of a first born] was larger than the upper jaw. Rabban Shimon ben Gamaliel asked the sages [for a ruling] and they said: this is a blemish. The ear of a kid which was doubled: the sages ruled: if it is all one bone, it is a blemish, but if it is not all one bone, it is not a blemish. Rabbi Hanina ben Gamaliel says: if the tail of a kid is like that of a pig, or if the tail does not possess three vertebrae, this is a blemish.
  Rabbi Hanina ben Antigonus says: if [a first born] has a wart in its eye or if a bone of its fore-leg or hind-leg is defective, or if the bone of the mouth split, or one eye is large and the other small, or one ear is large and the other small, being visibly so and not merely in measurement [all of these are blemishes]. Rabbi Judah says: if one testicle is as large as two of the other [this is a blemish]. But the sages didn’t agree with him.
  If the tail of a calf does not reach the joint, [it is a blemish]. The sages said: the growth of all calves is in this manner, as long as [the animals] grow, the tails also extend [below]. To which joint does this refer? Rabbi Hanina ben Antigonus says: the joint in the middle of the hip. In consequence of these blemishes we may slaughter a firstborn animal, and consecrated animals rendered unfit [for the altar] in consequence of these blemishes may be redeemed.
  And in consequence of the following blemishes one may not slaughter a first born either in the Temple or in the rest of the state: White spots on the cornea and water [dripping from the eye] which are not permanent, Or molars which have been broken but not torn out [completely]; Or [an animal] affected with garav, a wart, or hazazit. An old [animal] or a sick one, [an animal] of offensive smell; Or [an animal] which with a transgression has been committed or an animal which is known to have killed a human being on the testimony of one witness or of the owners. A tumtum or a hermaphrodite cannot be slaughtered, neither in the Temple or in the rest of the state. Rabbi Ishmael however says: there is no greater blemish than that [of a hermaphrodite]. But the sages say: it is not considered a first-born and it may be shorn and worked with.
  
  
  
  These blemishes [named above], whether permanent or transitory, make human beings unfit [to serve in the Temple]. There are more than this concerning human beings: kilon, liftan, makkaban, one whose head is angular or shekifas . A hunchback: Rabbi Judah considers him fit, Whereas the sages consider him unfit.
  A bald-headed person is unfit [for the priesthood]. What is considered bald-headed? One who does not have a line of hair from ear to ear. If he has one, then he is fit. One who has no eyebrows or has only one eyebrow [is unfit], this being the gibben mentioned in the Torah. Rabbi Dosa says: one whose eyebrows lie flat [overshadowing the eyes]. Rabbi Hanina ben Antigonus says: one who has a double back or a double spine.
  A harum is unfit [for the priesthood]. What is a harum? One who can paint both of his eyes with one movement. If both of his eyes were above or both of his eyes were below; or if one one eye was above and the other below; Or one who sees the room and the ceiling in one glance; Or one who covers [his eyes] from the sun; A zugdos and a tziran. One whose eyelashes have fallen off is unfit [for the priesthood] for appearance sake.
  One whose eyes are as large as a calf's or as small as those of a goose; Or whose body is [unduly] large for his limbs, [unduly] small for his limbs; or whose nose is [unduly] large for his limbs, or whose nose is [unduly] small for his limbs; A tzimem and a zimea. What is tzimea? One whose ears are very small. What is tzimem? One whose ears resemble a sponge.
  If the upper lip overlaps the lower or the lower lip overlaps the upper, behold this is a blemish. One whose teeth have fallen out is unfit [for the priesthood] for appearance sake. If his breasts hang down like those of a woman, or his belly is swollen, or his navel sticks out, or if he is epileptic, even once every few days, or he is subject to melancholy, a me'ushkan and a ba'al gever [all these are unfit for the priesthood]. If he has no testicles, or only one testicle, this is the “meroah ashekh” mentioned in the Torah. Rabbi Ishmael says: anyone whose testicles were crushed. Rabbi Akiva says: anyone who has wind in his testicles. Rabbi Hanina ben Antigonus says: one who has a black complexion.
  If one knocks his ankles [against each other, in walking] or rubs his legs [against each other]; a ba’al pikah and an ikkel. What is an ikkel? One whose knees do not touch each other when he puts his feet together. If he has a lump protruding from his thumb, or if his heel projects backward, or if his feet are wide like those of a goose. Or if his fingers lie one above the other. If they are webbed up to the joint, he is fit, if below the root, if he cuts it, he is also fit. If he has an additional finger and he cut it off, if there was a bone in it, he is unfit, but if not, he is fit. If he has additional fingers and additional toes, on each hand and foot six fingers and six toes, [making altogether] twenty-four [fingers and toes]: Rabbi Judah declares him fit, But the sages declare him unfit. One who has equal strength in both hands: Rabbi declares him unfit; But the sages declare him fit. A kushi, a gihur, a lavkan, a kippeah, a dwarf, a deaf-mute, an imbecile, one intoxicated, or afflicted with plague marks which are clean – [these defects] disqualify in human beings but not in animals. Rabban Shimon ben Gamaliel says: a mad animal is not a choice sacrifice. Rabbi Eliezer says: also those afflicted with dangling warts they are unfit in human beings but are fit in animals.
  The following are fit in the case of human beings, but unfit in the case of animals:A father with his son, A terefah; One born by means of a caesarean section. One with which a sin has been committed or has killed a person; A priest who contracts an illegal marriage is unfit [for the priesthood] until he vows not to derive any benefit from the woman. One who makes himself unclean through contact with the dead is unfit, until he undertakes that he will no longer make himself unclean through the dead.
  
  
  
  There is one who is [counted as] a firstborn [with respect to] inheritance but not with respect to redemption from a priest; a firstborn with respect to redemption from a priest but not a firstborn [with respect] to inheritance; a firstborn [with respect to both] inheritance and redemption from a priest; and a firstborn [in respect] to neither inheritance nor redemption from a priest. Which is a firstborn [with respect] to inheritance but not to redemption from a priest? One which follows one which was not viable whose head came forth alive, or one born in the ninth month whose head came out dead, or when a woman aborts something that looks like an animal, beast or bird, the words of Rabbi Meir. But the sages say: [it is not considered an opening of the womb] until [the abortion] has the form of a human being. If [a woman] aborts a sandal or a placenta or a fetus having an articulated shape, or if an embryo came out by pieces, [the infant] which follows after them is a first-born [with respect] to inheritance but not a first-born for redemption from a priest. If one who never had children married a woman who had already given birth, even if she had given birth when she was a slave but is now free, or [had given birth] when she was a non-Jew but has since converted, if after coming to the Israelite she gave birth, [the infant] is considered a first-born [with respect] to inheritance but not a first-born for redemption from a priest. Rabbi Yose the Galilean says: [the infant] is a firstborn [with respect] to inheritance and for redemption from a priest, as it says: “Whatever opens the womb in Israel” (Exodus 13:2), meaning only if it opens the womb in Israel. If one had children already and married a woman who had never given birth previously Or if she converted when pregnant, or if she was freed when pregnant, and she gave birth; If she and a priestess gave birth, she and a Levite’s daughter, she and a woman who had already given birth; And similarly [if a woman] who did not wait three months after her husband's death, married and gave birth and it is not known if the infant was born in the ninth month since the death of the first [husband] or in the seventh month since she married the second, it is a firstborn for redemption from a priest but not a first-born [with respect] to inheritance. Which is a firstborn both [in respect] of inheritance and for redemption from a priest? If [a woman] miscarries a sac full of blood or full of water or full of pieces of flesh; or if [a woman] miscarries something with the shape of fish or locusts or reptiles, or creeping things, or if she discharges on the fortieth day [of conception], [the infant] which follows after [these discharges] is a firstborn both [in respect] of inheritance and for redemption from a priest.
  A fetus extracted by means of a caesarean section and one that follows neither is a first-born for inheritance or a first-born to be redeemed from a priest. Rabbi Shimon says: the first is a first-born for inheritance and the second is a first-born as regards [the redemption] with five selas.
  If a man's wife had never before given birth and she gave birth to two males, he gives five sela's to the priest. If one of them dies within thirty days [of birth] the father is exempt. If the father dies and the sons survive: Rabbi Meir says: if they gave the five sela's before the property was divided up, then what they gave is given; but if not, they are exempt. But Rabbi Judah says: there is a claim on the property. If she gave birth to a male and a female, the priest receives nothing.
  Two women who had never before given birth gave birth to two males: he [the father] gives ten selas to the priest. If one of the children dies within thirty days [of its birth], if he gave the redemption money to one priest alone, he returns five selas to him, but if he gave it to two priests, he cannot reclaim the money from them. If they gave birth to a male and a female or to two males and a female, he gives five selas to the priest. If they gave birth to two females and a male, or to two males and two females, the priest receives nothing. If one woman had given birth before and the other had never given birth, and they gave birth to two males, he gives five selas to the priest. If one of the children died within thirty days [of its birth], the father is exempt. If the father dies and the sons survive: Rabbi Meir says: if they gave the five sela's before the property was divided up, then what they gave is given; but if not, they are exempt. But Rabbi Judah says: there is a claim on the property. If they gave birth to a male and a female, the priest receives nothing.
  If two women who had never before given birth married two men and gave birth to two males, the one father gives five selas to the priest and the other gives five selas to the priest. If one of the children died within thirty days [of its birth], if they gave the redemption money to one priest alone, he returns five selas to them, but if they gave the money to two priests, they are not able to recover it from them. If they gave birth to a male and a female, the fathers are exempt, whereas the son must redeem himself [as in any case he is a first-born]. If they gave birth to two females and a male or to two females and two males, the priest receives nothing.
  If one woman had given birth before and the other had never before given birth, the two women belonging to two husbands, and they gave birth to two males, the one whose wife had never before given birth gives five selas to the priest. If they gave birth to a male and a female, the priest receives nothing. If the son dies within thirty days although he gave the priest [the five selas], he must return them. If he dies after thirty days, although he has not yet given the five selas, he (the father) must give them. If he dies on the thirtieth day, it is as if he died on the previous day. But Rabbi Akiva says: if he gave [the five selas] he cannot reclaim them, but if he had not yet given, he need not give. If the father dies within thirty days, [the infant] is under the presumption of not having been redeemed until proof is brought that he has been redeemed. If the father dies after thirty days, the infant is under the presumption of having been redeemed until he [the son] is told that he was not redeemed. If both he and his son need to be redeemed, the father takes precedence over his son. Rabbi Judah says: his son comes first for the command to redeem him was upon his father, and the command of his son is upon him.
  The five selas of a first-born [are paid in] the standard of Tyrian maneh. As regards the thirty shekels of a slave and likewise the fifty shekels of the rapist and seducer and the one hundred shekels for one who spreads an evil name    in all these cases the payment is in the holy shekel, in the standard of Tyrian maneh. All of these are redeemed with money or the equivalent of money with the exception of shekel payments.
  We must not redeem [a first-born] with slaves, nor with notes of indebtedness, nor with immovable properties, nor with objects of hekdesh. If one gives a written acknowledgment to a priest that he owes him five selas he is bound to give them to him, although his son is not considered as redeemed. Therefore, if the priest wishes to give him [the note of indebtedness] as a gift he is permitted to do so. If one set aside the redemption money of his son and it became lost, he is responsible for it, because it says: “Shall be for you [but] you shall surely redeem” (Numbers 18:15).
  The first-born takes a double share of the father's estate but he does not take a double share of the mother’s estate. He also does not take a double share of the improvement in the value of the estate. Nor from what will fall due [to the estate] as he does of what is held in possession. Nor can a woman claim with her ketubah [from these], Nor can daughters claim their support. Nor can a yavam make a claim [from these]. None of these take from the improvement in the value of the estate, nor of what will fall to the estate as they do of what is now held in possession.
  The following do not return [to their owners] in Jubilee year: The share of the first-born, [The inheritance of] one who inherits his wife's [estate] [And of] one who performs yibbum with his sister-in-law And a present, the words of Rabbi Meir. But the sages say: a present is like a sale. Rabbi Elazar says: all of these return in the Jubilee. R. Johanan ben Berokah says: if one inherits his wife's estate, he returns it to the members of the family and he deducts from the purchase money.
  
  
  
  The law concerning the tithe of cattle is in force in the Land and outside the Land, in the days when the Temple exists and when it does not exist, [It applies] to hullin (non-sacred) animals only but not to consecrated animals. It applies both to cattle and flock animals, but they are not tithed together. To lambs and to goats, and they are tithed together. To the new and the old, but they are not tithed together. Now it might be logical: seeing that new and old animals which are not treated as kilayim in regard to one another are yet not tithed one for the other, lambs and goats which are treated as kilyaim in regard to one another, all the more should not be tithed one for the other. Scripture therefore states: “And of the flock” all kinds of flock are considered one [for purposes of tithing].
  Animals are combined for purposes of tithing so long as they can still pasture within the distance that cattle wander. And what is the distance over which they wander while pasturing? Sixteen mils. If there was between two groups of animals a distance of thirty-two mils, they do not combine for the purpose of tithing. If however there was one in the middle [of the distance of thirty-two mils] he brings them into the middle and tithes them. Rabbi Meir says: the [river] Jordan is regarded as forming a division as regards the tithing of animals.
  An animal bought or given as a present is exempt from the law of cattle tithe. If brothers became partners, though they are still bound to pay the kalbon [surcharge], they are exempt from the tithe of cattle. And when they become liable to tithe of cattle, they are exempt from paying the kalbon. If they acquired from the estate, they are bound [to tithe them]. But if not, they are exempt from tithing. If they first divided up the estate and then again became partners, they are bound to pay the kalbon and are exempt from tithe of cattle.
  All [domesticated animals] enter the shed to be tithed except kilayim, a terefah, offspring brought forth by means of a caesarean 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.] But Rabbi Joshua says: even if the mother has been killed, if the hide is still intact the offspring is not an ‘orphan’ animal.
  There are three periods [lit. threshing floors] for the tithe of cattle: in the peras of Pesah, in the peras of Atzeret (Shavuot) and in the peras of the Feast [of Sukkot], 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 Yom Tov and you cannot tithe on a Yom Tov. Consequently they moved it up to the twenty-ninth of Elul. Rabbi Meir says: the first of Elul is the New Year for the tithe of cattle. Ben Azzai says: those born in Elul are tithed by themselves.
  All those born from the first of Tishrei until the twenty-ninth of Elul combine [for matters of tithing]. Five lambs born before Rosh Hashanah and five born after Rosh Hashanah do not combine. But five lambs born before the period [of tithing] and five after the period [of tithing] do combine [for tithing]. If so, why did they speak of three periods for the tithe of cattle? Until the arrival of the [tithing] period it is permitted to sell and slaughter [the animals], but when the period has arrived he must not kill, but if he killed, he is exempt.
  How does one tithe animals? He brings them to a shed 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, they are still considered 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 lambs] already counted jumped back into the flock [in the shed] they are all exempt. If one of the lambs that was a tithe jumped back into the flock [in the shed], they all go to pasture until they become unfit for sacrifice, and the owners may eat them in their unfit state.
  If two [lambs] came out at the same time, he counts them in pairs. 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 the tenth, the tenth the ninth and the eleventh the tenth, all three are holy: the ninth can be eaten when it becomes blemished, the tenth is the tithe and the eleventh is sacrificed as a shelamim, and it can make a substitute, the words of Rabbi Meir. Rabbi Judah said: can one substitute make another substitute? They said in the name of Rabbi Meir: if it were a substitute, it would not have been sacrificed. If he called the ninth the tenth, the tenth the tenth and the eleventh the tenth, the eleventh is not holy. The following is the rule: wherever the name of the tenth [animal] has not been taken away from it, the eleventh is not consecrated.