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text: English Explanation of Mishnah Bikkurim
  ביאור אנגלי על משנה ביכורים
  Mishnah Yomit by Dr. Joshua Kulp
  
  
  English Explanation of Mishnah Bikkurim
  
  Introduction
  
  The first fruits of the seven species that Israel was “blessed with” (wheat, barley, grapes, figs, pomegranates, olive oil and date honey) must be brought to the Temple in Jerusalem and given to the priests. These fruits are called in Hebrew, bikkurim.  The Mishnah describes an elaborate procession whereby the people would carry decorated baskets in which they would place their first fruits. While many people would bring their first fruits during one of the pilgrimage festivals, either Shavuot or Sukkot, in order to avoid having to come to the Temple again, others would make special trips just to bring the bikkurim. These trips would have been occasions of great festivity. When a person hands his bikkurim over to the priest he has to make a formal declaration. This declaration is found in Deuteronomy 26 (see below) and is elaborated upon in the Mishnah. Tractate Bikkurim contains a fourth chapter that is not really part of the Mishnah. It was a medieval addition that was appended to the Mishnah from the Tosefta (a parallel tannaitic source). Nevertheless, we have included it in Mishnah Yomit because it is included in many printed editions of the Mishnah.  Below are the verses from the Torah which mention bikkurim.  
  Exodus 23:19 The choice first fruits of your soil you shall bring to the house of the LORD your God. 
  Numbers 18:13 The first fruits of everything in their land, that they bring to the LORD, shall be yours; everyone of your household who is clean may eat them.
  Deuteronomy 26  1When you enter the land that the LORD your God is giving you as a heritage, and you possess it and settle in it,  2 you shall take some of every first fruit of the soil, which you harvest from the land that the LORD your God is giving you, put it in a basket and go to the place where the LORD your God will choose to establish His name.  3 You shall go to the priest in charge at that time and say to him, "I acknowledge this day before the LORD your God that I have entered the land that the LORD swore to our fathers to assign us."  4 The priest shall take the basket from your hand and set it down in front of the altar of the LORD your God.  5 You shall then recite as follows before the LORD your God: "My father was a fugitive Aramean. He went down to Egypt with meager numbers and sojourned there; but there he became a great and very populous nation.  6 The Egyptians dealt harshly with us and oppressed us; they imposed heavy labor upon us.  7 We cried to the LORD, the God of our fathers, and the LORD heard our plea and saw our plight, our misery, and our oppression.  8 The LORD freed us from Egypt by a mighty hand, by an outstretched arm and awesome power, and by signs and portents.  9 He brought us to this place and gave us this land, a land flowing with milk and honey.  10 Wherefore I now bring the first fruits of the soil which You, O LORD, have given me." You shall leave it before the LORD your God and bow low before the LORD your God.  11 And you shall enjoy, together with the Levite and the stranger in your midst, all the bounty that the LORD your God has bestowed upon you and your household.
  Good luck learning Tractate Bikkurim—the last tractate in all of Seder Zeraim!
  
  
  
  
  
  
  
  
  
  Mishnah 1
  
  There are some who bring bikkurim and recite [the declaration]; others who only bring, but do not recite; and there are some who neither bring nor recite.The following are those that do not bring: one who plants [a vine] on his own property, but buries [a shoot in the ground] so that [it] grows on property belonging to [another] individual or to the public.And similarly if one buries [a shoot in the ground] of another person’s private property or in public property, so that it grows on his own property;Or, if one plants [a vine] on his own [property] and [buries it in the ground] so that it still grows on his own property, but there is a private or public road between, such a one does not bring [bikkurim.]Rabbi Judah says: such a one has to bring bikkurim.There are two mitzvoth when it comes to bikkurim: bringing them and making the formal declaration. Our mishnah clarifies that some people are obligated to bring the fruits and make the recitation, whereas others bring the fruits but don’t make the declaration and there are yet other types of people who need not bring bikkurim at all.Section one: The mishnah describes a practice of grape-farmers to bury a vine into the ground in one place and then bring it up in another place. This would give the vine another place to derive water and nutrients from the ground without having to plant a whole new vine. The “new” vine looks new because it is coming out of the ground. However, it is not in reality new it is just the same vine as before coming up in a new place.If a person puts a vine that begins on his property into the ground and then brings it up on property that is not his, he does not bring bikkurim. We will learn the reason why not in mishnah two.Section two: The same is true if the vine begins on another’s property or on public property and he then brings it up out of the ground on his property. Even though the grapes will be harvested from his own property, he does not bring bikkurim.Section three: In this case, the vine begins on his property, travels underneath another person’s private property or public property and then is brought up again on his property. The sages say that even though the vine begins and ends on his property he still does not bring. Rabbi Judah disagrees in this case (but not in the cases in sections one and two) and says that he does bring. Some commentators explain that Rabbi Judah disagrees only concerning a case where the vine traveled underneath public property. Rabbi Judah holds that a person can use the ground underneath public property for his own private use and therefore this is like a case where the entire vine grew on his property. The other rabbis hold that one cannot use the ground underneath public property and therefore, this is a case where the vine grew on property that did not belong to him. Rabbi Judah agrees that if the vine traveled underneath another’s private domain, he cannot bring bikkurim.
  
  Mishnah 2
  
  Introduction
  Our mishnah brings scriptural support (meaning a midrash) for the rules found in yesterday’s mishnah.
  For what reason may he not bring them? Because it is said, “The first-fruits of your land” (Exodus 23:19) until all of their growth is on your land.  The Torah states that one brings first fruits from “your land.” Since in all of the cases in yesterday’s mishnah a person used ground that did not belong to him for it was either public property or private property, in all of those cases he does not bring bikkurim.
  Sharecroppers, leasers, or occupiers of confiscated property (, or a robber does not bring them for the same reason, because it says, “The first-fruits of your land.”  The same verse explains why a person doesn’t bring bikkurim if he doesn’t own the land on which the fruit grew. “Sharecroppers” receive the land from its owner and in return they give him a percentage of the produce. “Leasers” give the owner a fixed sum, no matter what the level of produce is. An “occupier” refers to a person who bought land that the government had confiscated from its legal owners (see Gittin 5:6). Such a person does not own the property until he compensates the original owner. Since none of the people listed in this section own the land on which they have grown the fruit none of them bring bikkurim.
  
  Mishnah 3
  
  Introduction
  The Torah never directly states that first fruits are to be brought only from the seven species in which Israel was blessed (Deuteronomy 8:8), wheat, barley, grapes, figs, pomegranates, olive oil and date-honey. Nevertheless, our mishnah teaches that bikkurim are brought only from these species and only from quality types of these species.
  Bikkurim are brought only from the seven species.  As stated in the introduction, the laws of bikkurim apply only to these species.
  Not from dates grown on hills, nor from [the other species] grown in the valley, nor from olives that are not choice.  Choice dates grow in the valleys, whereas when it comes to the other species, the choice types grow in the hilly country. Therefore, one can bring dates only from trees that grow in the valleys and from the other species when they grow in the hills. Similarly, one can only bring choice olives.
  Bikkurim are not to be brought before Shavuot.  The Torah does not actually state when one is to bring bikkurim. However, it alludes to this when it calls Shavuot “the festival of the harvest, the first-fruits of your labors.” From this verse the rabbis learned that one cannot bring bikkurim before Shavuot, although one can bring them after Shavuot.
  The people from Mt. Zevoim brought bikkurim prior to Atzeret (, but they did not accept from them, on for it is written in the Torah: “And the festival of the harvest, the first-fruits of your labors, which you have sown in the field” (Exodus 23:16).  This final section was found also in Hallah 4:10. The people from Mt. Zevoim evidently thought that it was okay to bring first fruits before Shavuot. When they got to the Temple, the priests did not accept them.
  
  Mishnah 4
  
  Introduction
  Our mishnah continues to explicate mishnah one by providing an example of someone who brings the bikkurim but does not read the declaration when he gives them to the priest.
  These bring [bikkurim] but do not read the declaration:The convert, since he cannot say: “Which the Lord has sworn to our fathers, to give to us” (Deuteronomy 26:3).  The first example of a person who brings but does not recite is a convert. This mishnah might shock the reader who is accustomed to the attitude that a convert is a “full Jew” and that the law does not discriminate against him/her. While this is largely true, and when it comes to legal rights, one cannot discriminate against a convert, the Mishnah does not accord full liturgical equality to the convert. The convert cannot recite “the Lord has sworn to our fathers” because his father was not an Israelite.
  If his mother was an Israelite, then he brings bikkurim and recites.  If his mother was an Israelite then he can make the declaration because he is not really a convert. It is interesting to note that the Mishnah does not take for granted that the reader knows that a person whose mother is Jewish is not a convert. It needs to clarify the matter perhaps because this law was not yet firmly established at the time when the Mishnah was composed.
  When he prays privately, he says: “God of the fathers of Israel,” but when he is in the synagogue, he should say: “The God of your fathers.”  The liturgical inequality extends to prayer as well. The convert cannot state “Our God and the God of our fathers” which is in the opening lines of the Amidah because our God was not the God of his fathers. Rather, when he prays on his own he should say “our God, God of the fathers of Israel” and when he prays in the synagogue, probably as the prayer leader, he should say, “The God of your fathers.” I should note that this is no longer practiced. A convert recites the same Amidah as does every other Jew.
  But if his mother was an Israelite, he says: “The God of our fathers’.  Again, if his mother was an Israelite he is not a convert and therefore he can say “Our God, and the God of our fathers.”
  
  Mishnah 5
  
  Rabbi Eliezer ben Yaakov says: a woman who is a daughter of a convert may not marry a priest unless her mother was herself an Israelite.[This law applies equally to the offspring] whether of proselytes or freed slaves, even to ten generations, unless their mother is an Israelite.A guardian, an agent, a slave, a woman, one of doubtful sex, or a hermaphrodite bring the bikkurim, but do not recite, since they cannot say: “Which you, O Lord, have given to me” (Deuteronomy 26:10).The first part of today’s mishnah continues to deal with some halakhic differences between converts and those born Jewish.The second part of the mishnah provides more examples of a person who brings bikkurim but does not make the declaration.Section one: In order to be able to marry a priest, a woman must have been born to a Jewish mother or at least to a Jewish father. In other words, a daughter of two converts cannot marry a priest. The same is true with regard to the daughter of freed slaves. Furthermore, the same law applies for all subsequent generations. This means that if the daughter of two converts marries another convert, their daughter cannot marry a priest.The main place for this halakhah is Mishnah Kiddushin 4:7. In that mishnah R. Yose disagrees and holds that the daughter of two converts can marry an Israelite. This is the accepted halakhah. The priest is only restricted from marrying an actual convert. The source of this law is probably Ezekiel 44:22 which states, “For they (priests) shall take for themselves as wives a widow or a divorcee, but rather a virgin from the seed of Israel.” To Rabbi Eliezer ben Yaakov, the daughter of converts is not considered to be from the seed of Israel.Section two: One can bring bikkurim and make the recitation only if the land on which the fruit grew belongs to him. The guardian, the agent and the slave are all bringing bikkurim on behalf of another person. This is a legitimate way to send one’s bikkurim to the Temple but the person bringing fruit on behalf of another cannot recite the declaration.A woman, a person of doubtful sex (meaning they don’t have physical signs of being either male or female) and a hermaphrodite (has both male and female genitalia) can all own land. However, they were not a part of the original inheritance of the land in the time of Joshua. At that point, according to rabbinic tradition, the land was only bequeathed to men, more specifically to men who could demonstrate that they were certain men. This is derived from the verse “Which You, O Lord, have given to me.” The “giving” here does not refer to the current status of the land all of these people can own land. Rather it refers to the original division of the Land. Since they cannot recite this line, they don’t make the recitation.
  
  Mishnah 6
  
  Introduction
  Today’s mishnah contains three more instances of a person who brings but does not recite. In each of these cases one of the other rabbis disputes the sages’ opinion and says that the person both brings the bikkurim and makes the recitation.
  One who buys two trees [that had grown] in property belonging to his fellow brings bikkurim but does not recite the declaration. Rabbi Meir says: he brings and recites.  When a person buys two standing trees from his friend, the land is not de facto included in the sale (see Bava Batra 5:4). Since he does not own the land and he just owns the fruit, he doesn’t recite the declaration. Rabbi Meir says that he does acquire the land when he buys two trees and therefore, he does make the declaration.
  If the well dried up, or the tree was cut down, he brings but does not recite. Rabbi Judah says: he brings and recites.  If the well from which he watered his trees dried up, it is as if he doesn’t have land. Water seems to have been so scarce and valuable that without water, the land really doesn’t mean very much. In such a case he will bring bikkurim, but not make the declaration. Similarly, if the tree from which the fruit grew was cut down, he doesn’t recite the declaration because the tree is not attached to the land anymore. It is as if the fruit no longer has land. Rabbi Judah disagrees and says that in both of these cases he does make the recital because after all, the land does still exist and he still owns it.
  From Atzeret ( until the Festival (of he brings and recites.  From Shavuot until Sukkot, which is the harvest time in the land of Israel, is the preferred time for bringing first fruits. One who brings at this time can make the declaration.
  From the Festival (of and until Hannukah he brings, but does not recite. Rabbi Judah ben Batera says: he brings and recites.  Between Sukkot and Hannukah, which is about two months, some fruits are still left over in the trees. Therefore, he can bring bikkurim, but he can’t make the declaration. Rabbi Judah ben Batera says that as late as Hannukah, he can still bring the first fruit. After Hannukah, one can’t bring bikkurim until the following Shavuot.
  
  Mishnah 7
  
  Introduction
  Our mishnah deals with a situation in which a person sets aside his bikkurim and then sells his field before he is able to bring them to the Temple.
  If one set aside his bikkurim and [afterwards] sold his field, he brings but does not recite.  One who sold his field before he brought his first fruits cannot make the bikkurim declaration because he doesn’t own land when he brings them to the Temple.
  The second one [who bought the field] does not bring [bikkurim] of the same species, but of another species he brings and recites.  The second owner cannot bring bikkurim from the same species that the first person already set aside, because bikkurim cannot be brought twice in one year from the same species. However, he must bring bikkurim from another species and he makes the declaration as well.
  Rabbi Judah says: he may also bring of the same kind and recite.  Rabbi Judah holds that the obligation to bring bikkurim falls on the person who owns the land. Since the second owner now owns the land, he must bring bikkurim even though they have already been brought from that species. In contrast, the other sages holds that bikkurim is an obligation that falls upon the fruit if the obligation has already been fulfilled then it cannot be filled again. ‘ ‘
  
  Mishnah 8
  
  Introduction
  This mishnah deals with a person whose bikkurim are either lost or ruined.
  If one set aside his bikkurim and they were robbed, or rotted, were stolen or lost, or became unclean, he must bring others in their place, but does not recite [the declaration].  Once a person sets aside his bikkurim he is responsible for them and if they are lost or ruined by either rotting or becoming impure, he must bring new bikkurim in their place. We shall learn the reason for this in tomorrow’s mishnah. However, when he brings the second set of bikkurim he cannot make the recitation because these are not actually “the first of his fruits.”
  These others are not subject to the law of the [added] fifth.  The rules governing bikkurim are like the rules governing terumah. If a non-priest eats them he must bring an added fifth. We will return to this subject in 2:1. Our mishnah teaches that this is so only with regard to the original first fruits. If a non-priest eats the replacement fruits, he is not liable to replace what he ate, but not to bring an added fifth. In essence, what the mishnah is saying is that the replacement fruits are not really bikkurim.
  If they become unclean while in the Temple court, he must scatter them and he does not recite.  Once he brings the fruit to the Temple court he is no longer responsible to replace them if they are lost or stolen. If they are become impure he cannot present them to the priest so what he should do is shake out the basket.
  
  Mishnah 9
  
  Introduction
  The first part of our mishnah explains the scriptural source for yesterday’s mishnah where we learned that one is responsible to bring replacement bikkurim if his original bikkurim were either lost or ruined.
  The second part of the mishnah deals with a person who brings bikkurim on two separate occasions.
  From where do we know that one is responsible [for his bikkurim] until he brings them to the temple Mount? Because it says: “The first of the first-fruits of your land you shall bring into the house of the Lord your God” (Exodus 23:19) this teaches that he is responsible until he brings them to the Temple Mount.  According to the rabbinic reading of this verse, it is not sufficient to just set aside one’s first fruits, one must bring them to the Temple in Jerusalem. If one cannot because they were lost or ruined, then he must set aside new first fruits in their place, as we learned in yesterday’s mishnah.
  If he brought [bikkurim] of one kind and made the recital and then brought of another kind, he does not make a [second] recital.  If he brought bikkurim of one kind on one occasion, and then came back to the Temple on another occasion with bikkurim of another kind, he cannot make the declaration again. The declaration can be made only on one occasion. Even Rabbi Judah, who said in mishnah seven that if a person sells his field, the purchaser can bring bikkurim from the same species that the previous owner already brought, would agree here that one person cannot make the recital twice.
  
  Mishnah 10
  
  Introduction
  This mishnah lists those who bring bikkurim and make the declaration.
  These bring and recite:[One who brings bikkurim] from Atzeret until the Festival [of Sukkot], from the seven species, from fruit grown on the mountains, or dates grown in the valleys, from oil-olives, and from [produce] from the other side of the Jordan.  Most of this list is just the opposite of those cases found in mishnah three, where we learned who doesn’t bring bikkurim. The one new piece of information in this mishnah is the issue of produce from the other side of the Jordan (also called Transjordan). According to the first opinion, since the Transjordan is “the land the Lord promised to our ancestors” (Deuteronomy 26:3) one can and must bring produce from this region.
  Rabbi Yose the Galilean says: one does not bring [bikkurim] from transjordania, since that is not a land flowing with milk and honey.  In contrast, Rabbi Yose the Galilean holds that one does not bring bikkurim from the other side of the Jordan because that is not considered to be a “land flowing with milk and honey” and in his recitation he mentions these words (verse 9).
  
  Mishnah 11
  
  Introduction
  The final mishnah of this chapter relates back to mishnayot two and six.
  One who bought three trees in another’s field, he brings [bikkurim] and recites. Rabbi Meir says: even [if he bought] only two.  In mishnah six we learned that if a person buys two trees, he is not considered to have bought the land on which the trees grow. He brings bikkurim but he doesn’t recite. We learn today the obvious inference: if he buys three trees the land is his and he must bring and recite. Rabbi Meir says that even one who buys two trees is considered to have bought the land and he brings and recites. The same opinion was found in mishnah six.
  If he bought one tree with its land, he brings [bikkurim] and recites.  The above section dealt with a person who bought the trees but did not explicitly buy the land. If he explicitly buys the land that the tree grows on he brings and recites, even if he only bought one tree.
  Rabbi Judah says: even sharecroppers and leasers bring and recite.  Rabbi Judah disagrees with the opinion found in mishnah two, that one who doesn’t own the land on which the produce grows does not brings the bikkurim. Rabbi Judah holds that a sharecropper’s and a leaser’s grasp on the land is sufficient enough to cause them to be liable to bring bikkurim and make the declaration as well.
  
  
  
  
  
  Mishnah 1
  
  Introduction
  The first four mishnayot of this chapter compare the rules governing bikkurim with those governing terumah and maaser sheni.
  Regarding terumah and bikkurim:One is liable to death  A non-priest who intentionally eats terumah or bikkurim is liable for “death by the hands of heaven.” He is not executed by a human court.
  And the [additional] fifth;  If a non-priest eats them unwittingly, when he discovers what he has done he must restore the value plus an added fifth (see Terumot 6:1-2).
  And they are forbidden to non-priests;  We already know this from sections one and two. It is taught here so that when we read section eight, we will understand that tithes are permitted to non-priests.
  And they are the property of the priest;  Bikkurim and terumah are the personal property of the priest who receives them and therefore he can use them to buy any thing he wishes, as long as the person who ends up eating them is also a priest.
  And they are neutralized in a hundred and one parts;  If one part bikkurim or terumah fall into one hundred parts hullin (non-sacred produce), one can remove one part, give it to the priest and the rest remains hullin. If there is less than 100 parts hullin, then the mixture is doubtful terumah/bikkurim and cannot be eaten by a non-priest.
  And they require the washing of hands;  One who comes to touch bikkurim or terumah must first ritually wash his hands.
  And the setting of the sun.  Before an impure priest eats terumah/bikkurim he must first go to the mikveh to purify himself. Afterwards he cannot eat them until the sun sets (see Leviticus 22:7).
  These [laws] apply only to terumah and bikkurim, but not to tithe.  All of these laws apply only to terumah and bikkurim. When it comes to maaser sheni (second tithe), a non-priest can eat them, one can use maaser sheni money to buy only food, drink or anointing oils (see Maaser Sheni 1:7), and if maaser sheni falls into a mixture, as long as it is less than half the mixture, it is nullified. First tithe is treated like hullin in all ways, except that it must be given to the Levite.
  
  Mishnah 2
  
  Introduction
  Today’s mishnah compares maaser sheni with bikkurim.
  There are [laws] which apply to [second tithe] and bikkurim but not to terumah:That [second] tithe and bikkurim must to be brought to [the appointed] place;  Both second tithe and bikkurim must be brought to Jerusalem.
  They require confession;  When one brings second tithe and bikkurim he has to make a recitation. For maaser sheni he makes what is known as the “confession of tithes”, see Deuteronomy 26:13 and for bikkurim he recites Deuteronomy 26:5-10.
  They are forbidden to an onen. But Rabbi Shimon permits [bikkurim to an onen];  An onen is a person who has had a close relative die but who has not yet buried him/her. This period extends only to the day of death. When it comes to tithe, as part of his confession he recites, “I did not eat of it in my period of morning (oni).” An onen cannot eat tithe. That same passage refers to tithe as “kodesh (holy)” and since bikkurim are also called “kodesh” the rabbis derive that an onen cannot eat bikkurim either. Rabbi Shimon allows an onen to eat bikkurim. In general we shall see that Rabbi Shimon holds that bikkurim are closer to terumah.
  They are subject to [the law of] removal. But Rabbi Shimon exempts [bikkurim from removal].  On the eve of the last day of Pesah on the fourth and seventh years of the sabbatical cycle one must remove all bikkurim and maaser that has accrued in one’s home (see Deuteronomy 26:13 and Maaser Sheni 5:6). At that point one takes them out and lets them rot. Again, Rabbi Shimon disagrees and says that bikkurim are like terumah and that even after this time period has passed, one must give them to the priest.
  And in Jerusalem the slightest mixture of them [with hullin of the same species] renders it forbidden to be consumed [as common food outside of Jerusalem.]  If even the smallest amount of either bikkurim or maaser sheni becomes mixed in with hullin, the mixture cannot be eaten outside of Jerusalem. This is true only if the mixture occurs in Jerusalem. However, if the mixture happens outside of Jerusalem, then bikkurim are nullified in a ratio of 100-1 and maaser sheni is nullified as long as it is less than half of the mixture (we learned this in yesterday’s mishnah).
  And what grows from them in Jerusalem is forbidden to be consumed [outside of Jerusalem],  If plants grow in Jerusalem from bikkurim or maaser plants, the new plants must be treated as bikkurim or maaser sheni and they too must be consumed in Jerusalem. If the plants grow outside of Jerusalem then they are treated like hullin (see Terumot 9:4).
  Even by non-priests or by cattle; But Rabbi Shimon permits.  A mixture of the tiniest amount bikkurim and hullin is prohibited to non-priests, as are plants that grow from them in Jerusalem. The same is true when it comes to second tithe and hullin: the mixture cannot be eaten by animals, as is generally true of maaser sheni, nor can the plants that grow from it in Jerusalem. Rabbi Shimon says that the rules in the previous three sections apply only to maaser sheni but not to bikkurim.
  Even by non-priests or by cattle; But Rabbi Shimon permits.  Terumah need not be brought to Jerusalem, nor does one make a confession when one gives it to the priest. The rules regarding terumah are no different inside Jerusalem then they are outside.
  
  Mishnah 3
  
  Introduction
  This mishnah points out the similarities between terumah and maaser [sheni] that are not shared by bikkurim.
  There are [laws] which apply to terumah and maaser [sheni] but not to bikkurim:Terumah and the [second] tithe render forbidden [the contents of] the threshing-floor;  Produce from which terumah or maaser sheni has not been removed is forbidden to be eaten. This is what it means that these things, “forbid the contents of the threshing-floor.” The “threshing-floor” here is just an example. Other types of produce, such as wine, oil, fruits and vegetables, also cannot be eaten until terumah and maaser sheni have been removed. However, one can eat produce if bikkurim have not been removed.
  They have a set amount.  Maaser sheni is a tenth of the produce that remains after first tithe and terumah have been removed. While the Torah did not set a fixed amount for terumah, the rabbis established that a generous amount is 1/40, a standard amount is 1/50 and a miserly amount is 1/60. For bikkurim there is no set amount (see Peah 1:1).
  They apply to all produce;  Terumah and maaser must be removed from all types of produce whereas bikkurim is taken out of the seven species only.
  Both during and after Temple times;  The laws of terumah and maaser remain in force even at a time when there is no Temple. The laws of bikkurim apply only when the Temple still stands.
  [And they apply to to produce grown] by sharecroppers, leasers, or occupiers of confiscated property (, or a robber.  In mishnah 1:2 we learned that a person who doesn’t own the land from which he grew his crops does not have to bring bikkurim. This is only true with regard to bikkurim when it comes to terumah and maaser sheni, they must be removed from the produce before it is eaten regardless of who grows it.
  These are [the laws] which apply to terumah and maaser [sheni], but not to bikkurim.  All of the above rules apply to terumah and maaser sheni, but not to bikkurim.
  
  Mishnah 4
  
  Introduction
  Sometimes bikkurim has unique laws that apply only to it and not to terumah or maaser.
  And there are [laws] which apply to bikkurim which do not [apply] to terumah or maaser sheni:For bikkurim can become acquired while still attached [to the soil].  One can designate produce to be bikkurim while it is still attached to the ground. That would not work when it comes to terumah or maaser. These can only be designated as such once they have already been harvested.
  And a man may make his entire field bikkurim;  One can make one’s entire field into bikkurim, but one cannot make one’s entire threshing floor into terumah or maaser (see Hallah 1:9). Perhaps this is a result of terumah and maaser having set amounts since there is a set amount, one cannot make the entire crop into terumah or maaser.
  He is responsible for them;  As we learned in 1:9, one is responsible for his bikkurim until they get to the Temple Mount. In contrast, if one sets aside terumah or maaser and they spoil or are lost, he is not responsible to replace them.
  And they require a sacrifice, a song, waving and spending the night in Jerusalem.  When one brings bikkurim to the Temple, he must also bring a well-being sacrifice. This is derived from Deuteronomy 26:11, which states, “And you shall enjoy, together with the Levite and the stranger in your midst, all the bounty that the LORD your God has bestowed upon you and your household.” The rabbis understand this mitzvah as being a mitzvah to bring a sacrifice and rejoice in eating it. There is also a Psalm, called by our mishnah a song, that accompanies the bikkurim (we will see this in chapter three, mishnah four). When one presents the basket to the priest, he waves it as if it was a sacrifice (more on this below in 3:6). Finally, one who brings bikkurim to Jerusalem must spend the night there. This was probably done in order to help the innkeepers of Jerusalem make a living, and in order to aid in the festive atmosphere of the bikkurim procession. Funnily, I grew up in Atlantic City and one of the big complaints there was that people would come to gamble for the day and not stay the night. Perhaps the hoteliers should have had some rabbis help them out!
  
  Mishnah 5
  
  Introduction
  Having completed comparing bikkurim, terumah and maaser with one another, the Mishnah now turns its attention to comparing terumat maaser with bikkurim and maaser. Terumat maaser is the terumah that the Levite takes out of the tithe that he receives (see Numbers 18:26).
  The terumah of tithe is like bikkurim in two ways, and like terumah in two other ways:It may be taken from pure produce for impure produce;  There are two ways in which terumat maaser is like bikkurim. First of all, if one has pure maaser and impure maaser , he can separate terumah from his pure maaser in order to exempt his impure maaser. When it comes to terumah, one cannot do this (see Hallah 1:9; Terumot 2:1).
  And from such produce that is not in close proximity, like bikkurim.  If one has two piles of maaser, one that is in close proximity and one that lies further away, he can take terumat maaser from the close pile and thereby exempt the pile that is further away. Again, this cannot be done when it comes to giving terumah (see Hallah 1:9).
  And it renders the contents of the threshing-floor forbidden,  Terumat maaser is similar to terumah in that before one separates terumat maaser he cannot eat the grain that is found on the threshing floor, or other produce found elsewhere (see above mishnah three). Not having taken bikkurim, as we learned, does not render the produce forbidden.
  And it has a prescribed amount like terumah.  Terumat maaser is 1/10 of the maaser. This amount is fixed, as is terumah. Bikkurim, as we saw in mishnah three, do not have a fixed amount.
  
  Mishnah 6
  
  Introduction The rabbis seem to have caught comparison fever. Having finished comparing various agricultural gifts, they thought, "Why stop now?" Our mishnah compares the laws governing etrogim to those governing vegetables and fruits.  If you’re sick of talking about produce, don't worry, in the next mishnah we’ll compare different types of blood, and after that we’ll move on to the animal kingdom.
  b&gt;An etrog is similar in three ways to [the fruit of an ordinary] tree, and in one way to a vegetable.  is similar to a tree in respect of orlah, fourth year plantings, and [the law of] the seventh year; When it comes to determining what year of its growth or of a sabbatical cycle the fruit of an etrog tree is in, we go after the time that the fruit begins to bud on the tree and not after the time that it is picked from the tree. If it buds during the third year, then it is prohibited because it is orlah. If it buds during the fourth year, it must be brought up to Jerusalem and eaten there. If it buds during the seventh year, it has the status of sabbatical year produce, which means that it must be treated with a certain amount of sanctity (see my Introduction to Sheviit).
  And it is similar to a vegetable in one thing: that its tithing goes according to the time it is harvested, the words of Rabban Gamaliel. Rabbi Eliezer says: it is similar to a tree in all ways. When it comes to determining what tithe year an etrog is in, meaning determining whether it is in its first, second, fourth or fifth year of a seven year sabbatical cycle, in which case second tithe is given, or whether it is in its third or sixth year in which case poor tithe is given, Rabban Gamaliel holds that we follow the time when the etrog is harvested, as is the case with vegetables. Thus, if the etrog buds during the second year of the sabbatical cycle, but is picked in the third year, the tithe removed is maaser ani (poor tithe) and not maaser sheni (second tithe).
  Rabbi Eliezer holds that in all ways an etrog is treated like the fruit of a tree and thus if it buds in the second year, maaser sheni is given even if it is picked during the third year.
  
  Mishnah 7
  
  Introduction
  The mishnah compares the laws governing human blood with those governing the blood of beasts (domesticated animals) and the blood of a sheretz, a creepy crawly thing, which includes reptiles and amphibians.
  The blood of those who walk on two [legs] is like the blood of beasts in that it renders seeds susceptible [to impurity].  Interestingly, human beings are called “those who walk on two legs” (which invokes Orwellian images of pigs). In order for seeds (or anything that grows from the ground) to become susceptible to impurity, they must become wet by one of seven liquids, one of which is blood (see Terumot 11:2). The blood of human beings and beasts serves to render the seeds susceptible, but the blood of a sheretz (which is cold-blooded) does not.
  And it is like the blood of a sheretz, in that one is not liable for eating it.  While one is not allowed to eat the blood of a sheretz, one who does so is not liable for the biblical punishment of karet (if done intentionally) nor is he liable to bring a sin offering if done unwittingly. The same is true of human blood it is prohibited, but one who eats it is not liable for either karet or a sacrifice.
  
  Mishnah 8
  
  A koy is in some ways like a wild animal (hayyah); in some ways it is like a domesticated animal (behemah); in some ways it is like both a behemah and a hayyah, and in some ways it is like neither a behemah nor a hayyah.The laws regarding a domesticated beast (a behemah, such as a cow) and those governing a wild animal (a hayah, such as a deer) are different. The rest of the chapter discusses a koy an animal that is in some ways treated as if it was a domesticated beast and in some ways treated as if it was a wild animal. Because this animal doesn’t fit neatly into one category, how it works must be discussed. Besides, the rabbis just love to categorize and they especially love to talk about things that fall in-between two categories.Some scholars say that a koy was a type of ram while others say it is the cross-breed between a male goat and a female deer. In any case, its precise identification is not crucial for understanding the Mishnah.Today’s mishnah is just an introduction, one which doesn’t really provide any information. There is no commentary below.
  
  Mishnah 9
  
  Introduction
  This mishnah notes ways in which a koy (see yesterday’s explanation) is similar to a hayyah, a wild animal.
  How is it like a wild animal?Its blood must be covered like the blood of a wild animal.  When one slaughters a hayyah one must pour the blood out on the ground and cover it (Leviticus 17:13). Since a koy might be a hayyah, one should do the same with a koy.
  It may not be slaughtered on a festival.  Preparation of food, including slaughtering, is permitted on Yom Tov, the first and last days of Pesah and Sukkot, and Shavuot. The problem with slaughtering a hayyah is that it is prohibited to dig up dirt in order to cover its blood. If there is already dirt set aside for this use, then one can slaughter a hayyah. However, when it comes to a koy, there is another problem--one cannot use even dirt that has already been dug up, because if the koy is actually a domesticated beast, then the dirt is muktzeh because it could not have been set aside to cover blood. Therefore, one cannot slaughter a koy on Yom Tov.
  If he slaughtered it, he should not cover its blood.  If he nevertheless did slaughter a koy, he should not cover its blood. It might not be a hayyah, in which case covering its blood would not be necessary.
  Its fat is impure like that of a wild animal, but its impurity is of doubtful status.  A certain type of fat, called “helev,” is impure when it comes from a hayyah but not when it comes from an improperly slaughtered behemah. When it comes to the koy, we must be concerned lest it really is a hayyah, and therefore we need to treat its fat as if it was impure. However, the status of the impurity that it conveys is only “doubtful” because it may indeed be a behemah. This has certain ramifications that I do not wish to get into here.
  One does not redeem with it the first-born of a donkey.  A first-born donkey must be redeemed by giving the priest a first born sheep in its stead (Exodus 13:13). Although a koy might be related to a sheep, or perhaps be a type of sheep, it can’t be used to redeem a first born donkey, because it might be a wild animal.
  
  Mishnah 10
  
  Introduction
  Today we learn in what ways a koy is similar to a domesticated beast.
  And how is [the koy] similar to a behemah (a domesticated?Its fat ( is prohibited like the fat of a behemah, but one [who eats it] is not liable for karet.  Leviticus 7:23-25 prohibits eating the helev, a type of fat, from a domesticated animal (other types of fat are permitted otherwise how would we get shmaltz?). Since a koy might actually be classified as a behemah, one cannot eat its helev. However, since it is not definite that a koy is a behemah, one who does eat the helev of a koy is not liable for the punishment of karet (I just used four Hebrew terms in one sentence I hope they were all clear).
  It may not be bought with the money from second tithe to be eaten in Jerusalem.  Second tithe is redeemed outside of Jerusalem, the money is brought to Jerusalem and there it is used to buy food or drink. If one wishes to buy meat he can buy a domesticated beast such as a sheep to use as a sacrifice or he can buy a hayyah to just eat. He can’t buy a koy to eat, because it might be a behemah and one can buy a behemah only  to use it as a sacrifice. He also can’t buy a koy to use as a sacrifice because it is not fit for sacrifice as it might be a hayyah, which are never used for sacrifices.
  It is subject to [the priest’s share of] the shoulder, the two cheeks and the maw. Rabbi Eliezer exempts it because the burden of proof is upon the one who extracts from his neighbor.  When one slaughters a domesticated animal as hullin (non-sacrificial), he has to give a priest the shoulder, the two cheeks and the maw. According to the first opinion, since a koy might be a behemah, when one slaughters a koy, he must give these to the priest. Rabbi Eliezer, disagrees and invokes the well-known principle that the burden of proof is upon the claimant. The priest would have to prove that a koy is a behemah in order to get these parts from an Israelite. Since he can’t, the Israelite need not give them to him.
  
  Mishnah 11
  
  Introduction
  The final mishnah of this chapter discusses ways that a koy is either different from both a behemah and a hayyah and ways that it is similar to both.
  And how is [a koy] neither like a behemah nor like a hayyah?It is forbidden because of kilayim [to yoke it] with either a behemah or a hayyah.  It is forbidden to yoke together two animals of different species. Since a koy might be a behemah, it cannot be yoked with any hayyah, and since it might be a hayyah, it cannot be yoked together with any other behemah.
  One who deeds his son his behemah and his hayyah he has not [thereby] given him the koy.  If one writes a will to his son, bequeathing to him his behemot and his hayyot, he has not bequeathed to him his koy, because a koy is neither a behemah or a hayyah.
  If one says, “I will become a nazirite if this is [not] a hayyah or a behemah”, he is a nazirite. In all other ways it is like a behemah and a hayyah:  The person here makes a bet that an animal approaching is either a behemah or a hayyah. If he loses his bet, he will be a nazirite. Although this would seem to be a hard bet to lose, somehow he does lose the bet, for a koy is indeed, neither a behemah nor a hayyah.
  It requires slaughtering ( like them both;  The mishnah now begins to list ways in which a koy has the same rules that apply to a behemah and to a hayyah. The first is that one who wishes to eat a koy must slaughter it in the appropriate manner.
  It carries carrion impurity;  Carrion (nevelah) is an animal that was not slaughtered in a proper manner. The nevelah of a kosher animal is impure, and since the koy is kosher, its nevelah is impure.
  And to it applies the law relating to a limb of a living being   like them both.  It is forbidden to eat the limb of a living animal. This law applies only to beasts and wild animals but not to reptiles and other non-mammals. It applies to the koy in the same way that it applies to all behemot and hayyot.
  
  
  
  
  
  Mishnah 1
  
  Introduction
  Chapter three discusses how bikkurim were set aside and then it goes on to describe the festive ceremony of the bringing of the bikkurim to the Temple in Jerusalem.
  How does one set aside bikkurim? A man goes down into his field, he sees a fig that ripened, or a cluster of grapes that ripened, or a pomegranate that ripened, he ties a reed-rope around it and says: “Let these be bikkurim.”  Unlike most agricultural gifts, such as terumah and maaser, that are designated as such only once they have been plucked from the soil, bikkurim are set aside as soon as they begin to ripen, while they are still attached to the ground. In order to remember which fruits he designated as bikkurim, he ties a rope around them. When he harvests the figs, grapes or pomegranates, he need not designate them again as bikkurim.
  Rabbi Shimon says: even so, he must again designate them as bikkurim after they have been plucked from the soil.  Rabbi Shimon holds that even though he designated them as bikkurim while they were still attached to the ground, he must designate them again as bikkurim when he harvests them.
  
  Mishnah 2
  
  How were the bikkurim taken up [to Jerusalem]?  All [the inhabitants of] the cities of the maamad would assemble in the city of the maamad, and they would spend the night in the open street and they would not entering any of the houses.Early in the morning the officer would say: “Let us arise and go up to Zion, into the house of the Lord our God” (Jeremiah 31:5).Our mishnah begins to describe the ceremony of bringing the bikkurim to the Temple. While a person could bring his bikkurim to the Temple on his own, the mishnah prefers to describe a festive ceremony in which everyone from all of Israel would bring their bikkurim at the same time.In Temple times the priests were divided into 24 “mishmarot.”  The main purpose of this division was that each week a different mishmar of priests would serve in the Temple. Parallel to the division of the priests, the other people were divided into “maamadot.” When a mishmar’s priests were serving in the Temple, the people of the corresponding maamad would gather in the synagogues and read from the beginning of the book of Genesis. Others from the maamad would go up to Jerusalem with the priests to serve as their region’s representatives when the Tamid daily sacrifice was being offered in the Temple. One person was designated the “Rosh Hamaamad” or the Head of the Maamad, and it was in his town that the people would gather. For more on this topic see Taanit 4:2.When it came time to bring bikkurim up to the Temple, all of the people of the various cities of the maamad would gather together in the “city of the maamad” which was the city where the Rosh Hamaamad dwelled. They would not sleep inside, but rather outside in the street. This would prevent them from possibly contracting corpse impurity inside the houses. Corpse impurity would disqualify them from bringing the bikkurim.When they rose in the morning, an appointed officer would begin the ritual by reciting a charge taken from the book of Jeremiah.
  
  Mishnah 3
  
  Those who lived near [Jerusalem] would bring fresh figs and grapes, while those who lived far away would bring dried figs and raisins.An ox would go in front of them, his horns bedecked with gold and with an olive-crown on its head.The flute would play before them until they would draw close to Jerusalem.When they drew close to Jerusalem they would send messengers in advance, and they would adorn their bikkurim.The governors and chiefs and treasurers [of the Temple] would go out to greet them, and according to the rank of the entrants they would go forth.All the skilled artisans of Jerusalem would stand up before them and greet them saying, “Our brothers, men of such and such a place, we welcome you in peace.”The mishnah continues to describe the procession to Jerusalem. The mishnah is easily understood, so I will comment here on a few interesting matters and refrain from commenting below.Saul Lieberman, the preeminent scholar of rabbinic literature in the 20th century, wrote a book called Hellenism in Jewish Palestine, and in the book he devotes a chapter entitled, “Heathen Pre-Sacrificial Rites in the Light of Rabbinic Sources,” to the ritual described in our mishnah. Lieberman notes that the bikkurim ritual as described in this mishnah is not taken from the Bible, which makes no mention of such a ritual. Rather, certain elements are customs that are parallel to Greco-Roman sacrificial rituals, most significantly the ox with gilded horns. This was a common feature in sacrificial processions in the Roman Empire. Clearly, when Jews of the time came to create a new ritual, they did so based on what they saw in the non-Jewish world. However, Lieberman also notes that this is the only time the mishnah describes an ox with gilded horns. Such a practice was not done with regular sacrificial oxen used in the Temple. In other words, when it came to the heart of their ancient tradition, the Temple ritual, the Jews were less likely to adopt foreign practice than they were with innovative rituals that were performed outside of the Temple.The other feature that I find interesting in this mishnah is the line, “according to the rank of the entrants they would go forth.” This means that important Temple and Jerusalem officials would go out to greet important guests, whereas lesser officials would greet lesser guests. This is of course not surprising and is indeed human nature, but it is still important to note that ritual often served and still does serve as an opportunity for human beings to emphasize their social hierarchy. We should think in our own lives how often our public rituals are often laden with issues concerning the social hierarchy.
  
  Mishnah 4
  
  The flute would play before them, until they reached the Temple Mount.When they reached the Temple Mount even King Agrippas would take the basket and place it on his shoulder and walk as far as the Temple Court.When he got to the Temple Court, the Levites would sing the song: “I will extol You, O Lord, for You have raised me up, and You have not let my enemies rejoice over me” (Psalms 30:2).Having been greeted at the entrance to Jerusalem, we continue on our journey to the Temple Mount. Most of this mishnah is straightforward, so I will only deal with certain issues that come up in section two.Section two: In the Second Temple period there were a few kings named Agrippas. A ccording to Albeck, the Mishnah refers to Agrippas I, who lived between 10 B.C.E-44 C.E. and ruled in the Galilee between 37-41 and became king of Judea from 41-44. He was the grandson of Herod the Great. He is also referred to favorably in Sotah 7:8. The mishnah there discusses a festive gathering which occurred on the last day of Sukkot at the end of the Sabbatical year. At that time they would read portions from Deuteronomy. The mishnah states:The synagogue attendant takes a Torah scroll and hands it to the head of the synagogue, the head of the synagogue hands it to the deputy and he hands it to the high priest, and the high priest hands it to the king and the king stands and receives it, but reads it while sitting. King Agrippa stood and received it and read standing, and the sages praised him. When he reached, “You shall not place a foreigner over you” (ibid 17:15) his eyes ran with tears. They said to him, “Fear not, Agrippas, you are our brother, you are our brother!”Just as he acted humbly in that mishnah by standing when he could have sat, so too in our mishnah, Agrippas is mentioned favorably, for he humbly puts the basket with the bikkurim in it on his shoulder, just as all other Jews did.This mishnah serves as an interesting foil for yesterday’s mishnah. There we learned that the social status of the people visiting Jerusalem was emphasized by those coming out to greet them when they arrived. Today we see the opposite the very king of Israel would make sure that he acted in the same humble manner as everyone else. Perhaps this is also a tendency of human beings. We want to see our leaders act humbly, so that we can think of them as being “just like us.” On the other hand, we also want to elevate any small social advantage we have over others. Oh what fascinating creatures we are!
  
  Mishnah 5
  
  The birds [tied to] the basket were [offered] as whole burnt-offerings, and those which they held in their hands they gave to the priests. Along with the baskets of fruit and other produce that they brought to the Temple, to augment their gifts, they would also bring some birds, both for use as sacrifices and to serve as gifts to the priests. Some of the birds were tied to the baskets these would be offered as whole burnt offerings, but those brought by hand were given simply as gifts to the priests. Bon Appetit priests!
  
  Mishnah 6
  
  Introduction
  This mishnah explains at what precise point in the procedure the verses from Deuteronomy 26 were actually recited. In order to better understand this mishnah, I will bring here the biblical verses that it explains:
  3 You shall go to the priest in charge at that time and say to him, "I acknowledge this day before the LORD your God that I have entered the land that the LORD swore to our fathers to assign us."
  4 The priest shall take the basket from your hand and set it down in front of the altar of the LORD your God.
  5 You shall then recite as follows before the LORD your God: "My father was a fugitive Aramean. He went down to Egypt with meager numbers and sojourned there; but there he became a great and very populous nation.
  6 The Egyptians dealt harshly with us and oppressed us; they imposed heavy labor upon us.
  7 We cried to the LORD, the God of our fathers, and the LORD heard our plea and saw our plight, our misery, and our oppression.
  8 The LORD freed us from Egypt by a mighty hand, by an outstretched arm and awesome power, and by signs and portents.
  9 He brought us to this place and gave us this land, a land flowing with milk and honey.
  10 Wherefore I now bring the first fruits of the soil which You, O LORD, have given me." You shall leave it before the LORD your God and bow low before the LORD your God.
  While the basket was still on his shoulder he recites from: "I acknowledge this day before the LORD your God that I have entered the land that the LORD swore to our fathers to assign us” (Deuteronomy 26:3) until he completes the passage.  According to the first opinion in the mishnah, the entire passage is read while the basket is still on his shoulders. He would then take the basket off his shoulders and leave it at the altar, as it states in section ten.
  Rabbi Judah said: until [he reaches] “My father was a fugitive Aramean” (v. 5). When he reaches, “My father was a fugitive Aramean”, he takes the basket off his shoulder and holds it by its edges, and the priest places his hand beneath it and waves it. He then recites from “My father was a fugitive Aramean” until he completes the entire passage.  Rabbi Judah disagrees and says that only verse 3 is recited while he has the basket on his shoulder. After that point, he lowers the basket and he and the priest jointly hold it and wave it, in the same way that many offerings are waved before the altar. This is also the same opinion found in 2:4 above. We should note that Rabbi Judah might be making an attempt to resolve a certain difficulty in the verses. Verse 4 says that the priest shall take it from your hand, implying that one says verse 3, then the priest takes the basket and then one continues with verses 5-9 while the priest holds the basket. However, verse 10 says that at that point shall he leave the basket, perhaps implying that while reciting verses 5-9 he was still holding the basket. Rabbi Judah seems to resolve this difficulty by positing that they jointly hold the basket while he recites verses 5-9.
  He then deposits the basket by the side of the altar, bow and depart.  This section returns to being everyone’s opinion. He puts the basket down and leaves, as is explicitly stated in verse 10.
  
  Mishnah 7
  
  Originally all who knew how to recite would recite while those who did not know how to recite, others would read it for them [and they would repeat the words].But when they refrained from bringing, they decreed that they should read the words to both those who could and those who could not [recite so that they could repeat after them].Evidently, not everyone knew how to recite the bikkurim verses from the Torah. Originally, to remedy this problem someone who knew how to read would read the passage and the person bringing the bikkurim who did not know how to read would repeat the words after him.The problem with this is that it was embarrassing for people to admit that they couldn’t read. To avoid this embarrassing situation, people stopped bringing bikkurim altogether. It is interesting to note that already in ancient times people feared having to make public liturgical declarations. This is reminiscent of people who might not come to synagogue today because they fear being embarrassed at not knowing how to say the words or not knowing when to sit or stand.In order to solve this problem, they instituted that the recitation would be read to everyone, so that everyone would have to repeat after someone else. This way no one would be singled out for embarrassment. Note that the rabbis didn’t just say, “Let them learn how to read.” That might be desirable, but would probably not solve the problem of people not bringing bikkurim. Rather, they found a solution that would prevent people from being embarrassed, allow them to bring their bikkurim, without forcing them to have to spend years of their life educating themselves.
  
  Mishnah 8
  
  The rich would bring their bikkurim in baskets overlaid with silver or gold, while the poor used wicker-baskets of peeled willow-branches, and the baskets and the bikkurim were given to the priest. Today’s mishnah again returns to the distinctions made during the bikkurim procession between the rich and the poor. The rich would overlay their baskets with gold and silver while the poor were forced to bring their bikkurim in simple wicker baskets. Interestingly, according to the Babylonian Talmud, the rich would take their baskets back and only the poor had to leave their baskets there. This proves a folk saying found in the Talmud, “Poverty follows the poor.” That is to say, the poor get poorer, while the rich stay rich by getting their beautiful baskets back.
  
  Mishnah 9
  
  Introduction
  In mishnah three we learned that they would decorate the baskets with beautiful fruits. In our mishnah two sages debate how they would decorate the baskets.
  Rabbi Shimon ben Nanas says: they would decorate the bikkurim [with produce] other than the seven species.  According to Rabbi Shimon ben Nanas, they were allowed to decorate the bikkurim baskets with any kind of produce, even produce that is not one of the seven species from which one brings bikkurim.
  But Rabbi Akiva says: they may decorate only with produce of the seven kinds.  Rabbi Akiva says that just as the bikkurim themselves come only from the seven species, so too the fruits used as decoration may come only from the seven species. He seems to be concerned lest it seem that they are bringing bikkurim from other species, and therefore he rules that even decorative produce must also be of the seven species.
  
  Mishnah 10
  
  Introduction
  This mishnah analyzes the differences between the bikkurim, fruits that are brought as an addition to the bikkurim and fruits used to decorate the bikkurim baskets.
  Rabbi Shimon says:  there are three elements in bikkurim: the bikkurim, the additions   to the bikkurim, and the ornamentations of the bikkurim.  Rabbi Shimon wishes to distinguish between the bikkurim themselves and two other categories. The first is “the additions to the bikkurim” which are fruit that a person did not designate as bikkurim when he originally set the bikkurim aside but that he wishes to bring as bikkurim when he goes to the Temple. The second category is the purely ornamental fruit, discussed in yesterday’s mishnah. As we shall see, the additions to the bikkurim are basically treated as bikkurim, whereas the ornamentations are not.
  The additions to the bikkurim must be of a like kind; But the ornamentations can be of a different kind.  The additions to the bikkurim must be of the same species as the bikkurim themselves. Thus if he wants to add to his figs, he must bring more figs. However, the ornamentations can be of any species, as Rabbi Shimon ben Nanas stated in yesterday’s mishnah.
  The additions to the bikkurim can only be eaten in purity, and are exempt from demai. But the ornamentations of the bikkurim are subject to demai.  The additions to the bikkurim are treated almost as if they were themselves bikkurim and therefore they can be eaten only in a state of ritual purity. They are exempt from demai, which means that if a priest receives additions to bikkurim from an am haaretz (one who is not trusted with regard to tithes), he need not tithe them out of doubt lest they had not yet been tithed. Bikkurim themselves are completely exempt from tithes. In contrast, if a priest receives bikkurim ornamentations from an am haaretz he needs to tithe them, just as one always needs to tithe produce received from an am haaretz. All the more so must he remove tithes if he knows that the fruit has not yet been tithed. Again, the ornamentations of bikkurim do not have the status of bikkurim and they are fully obligated in all tithing laws.
  
  Mishnah 11
  
  When did they say that the additions to the bikkurim are like bikkurim [themselves]? When they come from the land [of Israel]; but if they do not come from the land, they were not regarded as bikkurim [themselves]. This mishnah clarifies a point in yesterday’s mishnah. Additions to bikkurim have the halakhic status of bikkurim only if they are brought from the land of Israel. If they are brought from outside of the land, for instance from Transjordan which is in according to some opinions liable for bikkurim (see 1:10), then they don’t have the same status as bikkurim. This means they will be liable for demai and they can be eaten while impure.
  
  Mishnah 12
  
  Introduction
  Today’s mishnah, the last of our chapter, discusses the ramifications of the fact that the bikkurim belong to the priest and they are his property, a rule we learned in 2:1.
  In what respect did they say that bikkurim are the property of the priest? In that he can purchase with bikkurim slaves and land and unclean beasts, and a creditor [of his] may take them for his debt, and his wife for her ketubah.  The priest can sell or barter his bikkurim as he pleases. He can buy anything he wants with them. They count as his money and therefore if he owes money to a creditor or to his wife to pay off her ketubah, the creditor or wife can collect from bikkurim that were given to the priest. Of course, even after he sells them or gives them to a creditor the rules governing the eating of bikkurim still apply. Only priests could eat them, and they would need to be eaten in a state of ritual purity.
  As may be done with a Torah scroll.  Technically, a Torah scroll may also be sold in order to buy something else or used in the collection of a debt. However, the rabbis said that anyone who sells a Torah scroll will never see a blessing. Perhaps the mishnah also wants to make that negative comparison with selling a Torah, as if to say, yes, one can sell bikkurim, just as one can sell a Torah, but one who does so will never see a blessing. Another reading of this mishnah says not “as may be done with a Torah” but “and a Torah scroll.” This would mean that one can use bikkurim to buy a Torah scroll. However, it is unlikely that this version is original. After all, if you can use bikkurim to buy slaves etc., then why would you think you couldn’t use them to buy a Torah scroll.
  Rabbi Judah says: bikkurim may be given only to [a priest that is] a haver (an and as a favor.  Rabbi Judah says that one can give bikkurim only to a priest known to scrupulously observe the purity laws. Such a priest is called a “haver” which in rabbinic terminology is the opposite of an “am haaretz,” one who is suspected of not observing the purity laws or properly tithing his produce. Rabbi Judah also holds that one can choose which priest he gives his bikkurim to. When he gives the bikkurim to this priest, the priest may consider it a favor, and perhaps return the favor at some later point. However, the priest may not pay for the bikkurim.
  But the sages say: they are given to the men of the mishmar, and they divide them among themselves as [they do] with all other consecrated objects.  The other rabbis disagree as to how bikkurim are divided among the priests. In their opinion bikkurim are divided in the same way as are other consecrated objects whatever mishmar, priestly watch, is on duty in the Temple at that time receives them. A person does not have a choice as to which priest receives his bikkurim. The mishmar would decide which priest is trustworthy to eat the bikkurim while in a state of purity, just as they do with other consecrated objects such as sacrifices.
  
  
  
  
  
  Mishnah 1
  
  Introduction
  As I noted in the introduction to the tractate, chapter four of Bikkurim is not an original part of Mishnah Bikkurim. It was appended to some manuscripts and some printed editions of the Mishnah, but its origins are in the Tosefta, a tannaitic companion to the Mishnah. It was not commented upon in the Yerushalmi, nor was it commented upon by the classic mishnaic commentators. I have included it here because some Mishnah Yomit schedules include it.
  The topic of the chapter is the hermaphrodite, known in Hebrew/Greek as the “androgynus,” a person who has the signs of being both a man and a woman. It is discussed here as an appendix to chapter two, which discussed things that don’t fit neatly into one category, such as the koy. The hermaphrodite does not fit neatly into the category of either man or woman, and hence the rabbis find it interesting to clarify in what ways a hermaphrodite is like a man and it what ways he/she is like a woman.
  The hermaphrodite is in some ways like men, and in other ways like women. In other ways he is like men and women, and in others he is like neither men nor women. This mishnah is patterned after 2:8 which discussed the koy. It serves as an introduction for the rest of the chapter without really providing any information.
  
  Mishnah 2
  
  Introduction
  In today’s mishnah we learn in what ways a hermaphrodite is halakhically treated like a man.
  In what ways is he like men?He causes impurity with white discharge, like men;  A zav is a man who has had an abnormal genital discharge. This discharge is white in color, like an egg white. The color of a woman’s abnormal genital discharge, which makes her into a zavah, is not white. A hermaphrodite becomes a zav if he has a white discharge, whereas a woman who had a white discharge would not.
  He dresses like men;  The Torah prohibits a man from dressing like a woman and a woman from dressing like a man. The hermaphrodite must dress like a man.
  He can take a wife but not be taken as a wife, like men.  When it comes to marriage, the hermaphrodite is treated like a man he can marry a woman, but he cannot be married by a man.
  [When he is born] his mother counts the blood of purification, like men;  When a boy is born, his mother is impure for seven days. After this seven day period, if she has discharges of blood during the next 33 days, the blood is treated as pure. These amounts are double for a girl (Leviticus 12:2-5). A hermaphrodite is treated like a boy and his mother counts the blood of purification for 33 days. Note that this is a stringency after 33 days, any blood she sees is considered impure.
  He may not be secluded with women, like men.  A hermaphrodite may not be secluded with women, just as men may not (see Kiddushin 4:12).
  He is not maintained with the daughters, like men;  When a man dies, his daughters are maintained by his estate until they are either married or reach maturity. Boys, on the other hand, are not maintained. Since the hermaphrodite is not considered a female, he is not maintained.
  He transgresses the law of: “You shall not round” (Leviticus 19:2 and “You shall not defile for the dead,” (Leviticus 21:1) like men;  The two prohibitions mentioned here, not to round the corners of one’s head and for priests not to intentionally become impure by contact with the dead, apply only to men. They apply to hermaphrodites as well.
  And he must perform all the commandments of the Torah, like men.  Men are obligated in all of the commandments, unlike women who are exempt from positive, time-bound commandments. Hermaphrodites are obligated for all of the commandments, like men.
  
  Mishnah 3
  
  Introduction
  In today’s mishnah we see that in some ways the laws that apply to a hermaphrodite are the same laws that apply to women. What the Mishnah seems to be saying in today’s mishnah and yesterday’s is that while a hermaphrodite is mostly treated as if he was male, and therefore he can marry a woman, we must be concerned lest he is actually a female. This leads to many stringencies which are enumerated here.
  And in what ways is he like women?He causes impurity with red discharge, like women;  A woman becomes a zavah when she has a red discharge (at a time other than when she is menstruating). A hermaphrodite who has a red abnormal discharge is impure, like women. Were s/he to be considered a man, such a discharge would not make him impure.
  And he must not be secluded with men, like women;  A hermaphrodite cannot be secluded with men, the same rule that applies to women. We see that a hermaphrodite can’t be secluded with anyone, because we don’t know what sex she/he is.
  And he doesn’t make his brother’s wife liable for yibbum (levirate;  If a man’s brother is a hermaphrodite and the man dies without a child, his wife is not liable for levirate marriage with the hermaphrodite, as she would be if he was a man.
  And he does not share [in the inheritance] with the sons, like women;  If a man dies with male and female children, the males inherit and the females are maintained by the money left in the estate. We saw yesterday that the hermaphrodite is not maintained with the girls, because he might be male. Today we learn that he is not treated as a boy either, so he doesn’t share in the inheritance. We should think of this law as reflecting the principle “the burden of proof is upon the claimant.” He can’t prove that he is female, so the other girls can say to him, “You don’t share in being maintained until you can prove that you are female.” But he also can’t prove that he is male, so the other male children can say to him, “You can’t share in the inheritance until you can prove that you are male.”
  And he cannot eat most holy sacrifices, like women.  Only priests can eat most holy sacrifices. Daughters and wives of priests do not. Since the hermaphrodite might be female, s/he too cannot eat these sacrifices.
  At his birth his mother counts the blood of her impurity like [they do when they give birth to a] girl;  Yesterday we saw that when a child is born, his mother counts 7 days of impurity for a boy, and then 33 days in which any blood she sees is pure. For a girl she is impure for 14 days, and then for 66 days any blood she sees is pure. When it came to the pure days, a woman who gives birth to a hermaphrodite counts only 33, as if the child was male. Here we learn, that when it comes to the impure days, she counts 14 days, as if the child was female. Both of these rules are stringencies, for we must be concerned lest the hermaphrodite is male and lest she/he is female.
  And he is disqualified from being a witness, like women.  Only males can serve as witnesses, at least in most areas of halakhah. The hermaphrodite cannot serve as a witness, lest s/he be female.
  If he had illicit intercourse, he is disqualified from eating terumah, like women.  A daughter of a priest who has had forbidden intercourse (adultery or incest) can no longer eat terumah. This rule applies to the hermaphrodite, lest he is a female. Note that a male priest who has forbidden intercourse is not disqualified from eating terumah. Were the hermaphrodite to be considered male, he could keep eating terumah. Again this is a stringency.
  
  Mishnah 4
  
  In what ways is he like both men and women?One who strikes him or curses him is liable, as in the case of men and women;One who unwittingly kills him must go into exile, and if on purpose, then [the slayer] receives the death penalty, as in the case of men and women.His mother must [at his birth] bring an offering, as in the case of men and women.He may eat holy things that are eaten outside of the Temple;And he may inherit any inheritance, as in the case of men and women.This mishnah lists ways in which a hermaphrodite is similar to both a man and a woman.Sections one and two: These sections simply state that laws that apply equally to men and women, apply to the hermaphrodite as well. The hermaphrodite is neither fully male nor fully female, but he/she is fully human. Thus one who strikes or curses him is liable for a punishment. Someone who kills him, either accidentally or on purpose, is liable for the same penalty as is incurred for killing a man or a woman.Section three: When a woman gives birth she must bring a sacrifice (Leviticus 12:6). For a hermaphrodite she brings this sacrifice at the end of a 40 day period.Section four: All Jews can eat certain sacrifices, namely those that can be eaten outside of the Temple court, such as the pesah sacrifice. The hermaphrodite can eat these as well.Section five: If a hermaphrodite is an only child, he inherits his father (and his mother, if his mother’s husband is no longer alive.)
  
  Mishnah 5
  
  Introduction
  The final mishnah of our chapter, tractate and seder (game, set and match) delineates ways in which a hermaphrodite is like neither a man nor a woman.
  And in what is he different from both men and women?One does not burn terumah if it came into contact with his discharge,  In mishnayot 2 and 3 we learned that when it comes to the impurity of his discharge, the hermaphrodite is a doubtful male/female. Therefore, if he sees white discharge like a man, we must be concerned lest he is male, and if he sees red discharge like a female, we must be concerned lest he is female. Here we learn that whether he sees red or white discharge, his status is only that of doubtfully impure. When one who is doubtfully impure comes into contact with terumah, the terumah is not burned as is done if it comes into contact with someone who is certainly impure, because it is forbidden to burn pure terumah and this terumah might in reality be pure. They couldn’t eat the terumah, lest it be impure. Rather, they would wait until the terumah became certainly impure, and then they could burn it.
  Neither is he liable for entering the temple while impure, unlike men or women.  A male or a female who enters the Temple while impure has transgressed. However, this only applies to someone who is either certainly male or certainly female. Since the hermaphrodite is neither, he is not liable for entering the Temple while impure.
  He must not be sold as a Hebrew slave, unlike men or women.  An adult male can be sold as a Hebrew slave (usually if he was caught stealing and doesn’t have money to repay his debt) but a adult woman cannot. Since the hermaphrodite might be a female, he can’t be sold as a Hebrew slave. A female can be sold by her father while she is still a minor, but a male cannot. Since the hermaphrodite might be male, he cannot be sold as a minor. It turns out that a hermaphrodite can never be sold into slavery.
  He cannot be evaluated, unlike men or women.  Leviticus 27 deals with the evaluation of a person whose value has been dedicated to the Temple. Every person has a value that is dependent upon sex and age. Since a hermaphrodite’s sex cannot be determined, he cannot be evaluated.
  If one says: “I will be a nazirite, if he is neither a man nor a woman,” then he becomes a nazirite.  In the scenario described here, upon seeing someone a person says that he will be a nazirite if that person is neither a male nor a female. Since the hermaphrodite is actually neither male nor female, the person who took the nazirite vow has become a nazirite.
  Rabbi Yose says: the hermaphrodite is a unique creature, and the sages could not decide about him. But this is not so with a tumtum (one of doubtful, for sometimes he is a man and sometimes he is a woman.  In this final section, Rabbi Yose distinguishes between a true hermaphrodite, and what is termed a “tumtum,” a pseudo-hermaphrodite. The true hermaphrodite is actually unique and the sages could not decide whether to classify him as male or female. In contrast, the pseudo-hermaphrodite’s sex can be determined, sometimes as male and sometimes as female. While the doubt concerning the hermaphrodite’s sex is permanent, the “true” sex of the pseudo-hermaphrodite can, at least on occasion, be determined. Congratulations!  We have finished Bikkurim and Seder Zeraim! It is a tradition at this point to thank God for helping us finish learning the tractate and the seder and to commit ourselves to going back and relearning it, so that we may not forget it and so that its lessons will stay with us for all of our lives. Wow! We have finished Seder Zeraim. We began this seder with Berakhot in June of 2007 and it is now March 2009 almost two full years have passed. For those of you who began learning Mishnah Yomit in the very beginning with Seder Nezikin we have been learning for about 5 years. Your commitment, whether you have been learning for years, months or weeks, is what keeps this program going. That’s the good news. The even better news is that we still have two seders to go, and they are going to be more challenging than the first four (why do you think we started with Nezikin?). Tomorrow we begin to learn Seder Kodashim which deals with sacrificial law and various other subjects related to the Temple. So look for the Introduction to Tractate Zevahim that will appear in your inbox tomorrow. But for now, kick back and feel good about having learned all of Seder Zeraim, and for some of you an entire 2/3 of the Mishnah. The end (at least our first run through, there is never a real end to learning) is only a few years away! Tomorrow we begin Tracate Zevahim.