Beitzah

IF IT HAD A BLEMISH1 HE MAY BRING IT UP AND SLAUGHTER IT,2 BUT IF NOT, HE MAY NOT SLAUGHTER IT. R. SIMEON SAYS: WHENEVER ITS BLEMISH WAS NOT OBSERVED ON THE DAY BEFORE THE FESTIVAL, IT IS NOT MUKAN.3 GEMARA. Wherein do they differ?4 If we are to say that they differ as to whether one may examine blemishes [on a Festival], R. Judah holding: One may examine blemishes on a Festival, while R. Simeon maintains: One may not examine blemishes on a Festival, then let them dispute whether one may examine blemishes in general [on a Festival]!5 — It is especially necessary [to teach this] with respect to a firstling that fell into a pit; [for] you might have thought that on account of suffering of animals one might have recourse to an artifice and bring it up [from the pit] in accordance with R. Joshua,6 so he informs us [that it is not so]. If so, instead of HE MAY NOT SLAUGHTER IT, it should be stated, ‘He may not bring it up7 and slaughter it!’ — This [teaching] is necessary [only] where he transgressed and brought it [the animal] up; you might think that he may slaughter it, so he informs us [that it is not so]. [But how could he possibly] slaughter it? Surely it is without blemish! — This is necessary [concerning the case] where it received a blemish.8 But it is mukzeh!9 — Rather, [it treats of a case] where it received a temporary [transient] blemish on the eve of the Festival and now [on the Festival] it turned into a permanent blemish; you might have thought that he [the owner] had set his mind upon it10 and he may therefore slaughter it; so he informs us11 [that it is not so]. Our Rabbis taught: A firstling without blemish that fell into a pit. R. Judah the Prince12 says: Let an expert go down [the pit] and examine it; if it has sustained a blemish, he may bring [it] up and slaughter [it],13 but if not, he may not slaughter [it]. R. Simeon b. Menasia said to him: They [the Rabbis]14 indeed said: One may not examine blemishes on a Festival. How [is this15 to be explained]? If it received a blemish on the eve of the Festival,16 one may not examine it on the Festival;17 if it received a blemish such as to disqualify it for the altar. Simeon as preparing a vessel, since before the examination of the expert it could not be used on the Festival, or as sitting in judgment, which is not permitted on a Festival (Rashi), v. infra 36a. prohibits mukzeh and R. Simeon permits it. V. Glos. intended to be slaughtered. included]. expert's examination.