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44B the Soncino Babylonian Talmud Book II Folios 31B-61A BECHOROS –31b-61a 44B The Soncino Babylonian Talmud Book II Folios 31b-61a BBEECCHHOORROOSS TRANSLATED INTO ENGLISH WITH NOTES Reformatted by Reuven Brauner, Raanana 5771 www.613etc.com 1 BECHOROS –31b-61a Bechoroth 31b This problem presented itself to R. Shesheth in the evening and he solved it the next GEMARA . [The Mishnah says that] the morning by reference to a Baraitha profit on all dedicated objects which have [mentioned below]. We are dealing here [in become unfit [for the object consecrated] the Mishnah] with a tithing animal 7 goes to THE SANCTUARY. Now, when is belonging to orphans, [and by permitting in this? Is it after redemption? Then why does this case] we resort to the principle of it state that their profit belongs to THE restoring something lost. 8 R. Idi was the SANCTUARY? Is not the profit on them for attendant of R. Shesheth. He heard [this the owners? If again you maintain that [the answer] from him and proceeded to mention Mishnah] refers to the period before it in the College, but did not cite it in his redemption, why does it say THEY ARE name. R. Shesheth heard of it and was SLAUGHTERED? Do they not require annoyed. He exclaimed: ‘He who has bitten 9 presentation and valuation? 1 No difficulty me, a scorpion should bite him’. And what arises according to him who says that practical difference did this make to R. objects consecrated for the altar are not Shesheth? — included in the law of presentation and valuation; but according to him who holds As Rab Judah reported in the name of Rab: that they are included in the law of What is the meaning of the scriptural text: I presentation and valuation, 2 what answer will dwell in Thy Tent in [both] worlds? 10 Is could you give? — it possible for a man to dwell in two worlds? What David meant is this: ‘Master of the You can still say that [the Mishnah] refers to Universe, may they cite a tradition in my the period after redemption, and what is name in this world’. For R. Johanan meant then by the expression THEIR reported in the name of R. Simeon b. Yohai: PROFIT BELONGS TO THE When a tradition is cited in a scholar's name SANCTUARY? [It means] from the in this world, his lips murmur in the grave. beginning. 3 For since the Master permits And R. Isaac b. Zera also said: What is the them to be sold in the market, slaughtered in meaning of the scriptural text: And the roof the market and weighed by the pound, the of thy mouth like the best wine that glideth amount of the redemption is increased from smoothly for my beloved, moving gently the the beginning. lips of those that are asleep? 11 It is like a heated mass of grapes. Just as a heated mass EXCEPT IN THE CASE OF A FIRSTLING of grapes drips as soon as you apply your OR OF A TITHING ANIMAL, AS THEIR finger, so do the lips of scholars in the graves PROFIT BELONGS TO THE OWNERS. murmur when sayings are cited in their This is quite fair in the case of a firstling, name. What is the Baraitha [referred to which, although it must not be sold in the above]? 12 — market, can be sold privately; but are animal tithes allowed to be sold privately? As it has been taught: A tithing animal Has it not been taught: In connection with a belonging to orphans, we may sell. And as to firstling it is said: [But the firstling of an the flesh of a ritually cut tithing animal he ox]... thou shalt not redeem, 4 [intimating] may also sell it in conjunction with its skin, that it may be sold alive 5 and in connection fat, tendons and bones. What does [the with animal tithing, it says: It shall not be Baraitha] mean? 13 Abaye said: It means redeemed, 6 [intimating] that it is forbidden this: A tithing animal belonging to orphans to be sold either alive or ritually cut, may be sold. And how is it sold? In whether unblemished or blemished? — conjunction with its skin, 14 fat, tendons and horns. This would therefore imply that in 2 BECHOROS –31b-61a the case of an adult it is forbidden to sell a redemption the flesh can be sold in the manner of tithing animal in conjunction with other Hullin. (4) Num. XVIII, 17. things. Now why is this different from the (5) To others, having once come into the case we have learnt [as follows]: If one buys possession of the priest. a lulab 15 from another in the sabbatical (6) Lev. XXVII, 33. year, he gives him at the same time the (7) In a blemished state. ethrog 16 as a gift because he must not buy (8) As he is unable to eat the whole animal, it would become decomposed and be a loss if we 17 it in the sabbatical year. And we raised the forbade its disposal privately. But in the case of point, what if we did not wish to give it to an adult, even private selling is prohibited. him as a gift? And R. Huna explained: He (9) I.e. not cited my name as the author. pays him indirectly the value of the Ethrog (10) So lit., E.V. ‘for ever’. Ps. LXI, 5. in conjunction with the Lulab? — There [in (11) Cant. VII, 10. (12) On which R. Shesheth based his reply. 18 the Mishnah] the matter is not obvious, but (13) At first it says that we may sell it, apparently here the matter is obvious. 19 in the normal way, and then it proceeds to say that the selling must be in an indirect manner. Said Raba: If this be so, then why does the (14) He sells the skin for a high price, which Baraitha above repeat the expression includes the value of the flesh; the skin, horns, etc. being permitted to be sold because they are 20 ‘tithing animal’? Rather said Rabba: It not eatable things. means this: A tithing animal belonging to (15) The palm branch, one of the Four Species orphans may be sold in the ordinary way, taken on Sukkoth. whereas in the case of a tithing animal (16) The citron, another of the Four Species. belonging to an adult, which was ritually (17) Other fruit including the Lulab, although gathered in the sabbatical year, may be bought cut, he pays for the flesh in conjunction with because we go by the time when the fruit is its skin, fat, tendon and horns. Said Raba: formed, which is the sixth year. But in the case of Whence do I prove it? Because it is written, the Ethrog, we go by the time when the fruit Then both it and that, for which it is matures, i.e., in the sabbatical year. and changed shall be holy; it shall not be consequently we must not purchase an Ethrog from an ‘am ha-arez as the latter might do 21 redeemed. Now, when does the law of business in the sabbatical year with the money substitution apply? When the animal is thus obtained. alive. Therefore [by analogy] when is a (18) As the Ethrog is only of slight value, so that tithing animal not redeemed? When it is it is not manifest that be is paying for it in alive, thus implying that after being ritually connection with the Lulab. (19) Since the price is high, it is clear that the cut, it may be redeemed, and it is but the money is not for the skin etc, but for the flesh. Rabbis who have prohibited its selling after (20) Thus implying that the Baraitha deals with having been ritually cut in order to prevent two separate cases and does not merely consist of its selling before it was ritually cut. 22 one clause dealing with a single case. Consequently in the case of an object which (21) Lev. XXVII, 33. (22) As mentioned above, that ‘it is not sold 23 is valued when alive, the Rabbis prohibited either alive or slaughtered’. its selling after having been ritually cut in (23) I.e., the flesh which is the main part of the order to prevent its selling before it was animal that is sold when alive. ritually cut; Bechoroth 32a (1) Therefore how is it possible for him to sell it and make it Hullin, for a dedicated animal but in the case of an object which is not cannot be redeemed except when alive, since it 1 requires to be presented to the priest and valued valued when alive, the Rabbis did not by him (Lev. XXVII). prohibit; 2 and in the case of orphans, the (2) V. supra 32b. Rabbis let the law remain according to the (3) When the owners redeem them originally biblical ruling. 3 And R. Samuel son of R. from the sanctuary, the latter benefits if after Isaac also held Raba's view. 4 For R. Samuel 3 BECHOROS –31b-61a son of R. Isaac said: Whence is it proved be objected [against this analogy] that the that we may sell a tithing animal belonging case of haramim is different because they to orphans in the ordinary way? Because it take effect upon everything. 14 Is it not so? It is said, Notwithstanding thou mayest kill is indeed open for interpretation. [For if and eat flesh within all thy gates after all the Scripture] should not have stated ‘It shall desire of thy soul [according to the blessing not be redeemed’ in connection with of the Lord thy God] 5 Now which haramim, one could have inferred this from [dedicated] object has no blessing [from the the case of a tithing animal: just as a tithing dedication] when alive but only after being animal is holy and is not redeemed, so slaughtered? You must say that this is a haramim are holy and are not redeemed.
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