בכורות 17:2 — Soncino English Talmud

THE OWNER IS LIABLE FOR THE [PRIEST'S] GIFTS, WHEREAS R. JOSE EXEMPTS HIM. IF ONE OF THEM DIED, R. TARFON SAYS: THEY DIVIDE [THE LIVING ONE]. R. AKIBA SAYS: THE CLAIMANT MUST PRODUCE THE EVIDENCE. IF IT GAVE BIRTH TO A MALE AND A FEMALE, THE PRIEST RECEIVES NOTHING [IN SUCH CIRCUMSTANCES]. GEMARA. The School of Jannai said: Of R. Jose the Galilean we have heard that he said: It is possible to ascertain [simultaneity] in natural processes, and, therefore, how much more so is it possible to ascertain exactly in human actions. The Rabbis [we know] hold that it is impossible to ascertain simultaneity in natural processes. What is their view with reference to human actions? — Come and hear: A red line went round the altar in order to divide between the blood to be sprinkled above and the blood to be sprinkled below. Now if you say that it is impossible to be exact in human actions, sometimes the priest might put the blood which should be above, below the [middle of] the altar? — The line is made somewhat wide. Come and hear. [Proof can be adduced] from the measurements of the furniture [of the Sanctuary] and from the measurements of the altar! — It is different there, since the Divine Law said: Do it, and in whatever manner you are able to do it, it will be satisfactory, as David said: All this the Lord made me understand in writing by His hand upon me. Said R. Kattina: Come and hear: [If an unclean oven] is divided into two and the parts are equal, both are unclean, for it is impossible to be exact! — R. Kahana replied: An earthen vessel is different because it has holes. Come and hear: If [a slain body is] found at exactly the same distance between two cities, both bring two heifers. These are the words of R. Eliezer. What is the reason? Is it not because he holds that it is possible to be exact in human actions and the words [the city] which is nearest imply [even the cities] which are nearest? — No. R. Eliezer^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ

^ᵃnote:For if it is a firstling, then the entire animal is the priest's and if not, then it is hullin and is liable for the priest's gifts.
^ᵇnote:For it is as if the priest had taken possession of the animal and when blemished had returned it to the Israelite, in which circumstances the latter is exempt.
^ᶜnote:Even R. Tarfon agrees to this for here if the female came forth first, there is no firstling at all. Therefore, the priest receives nothing and the animals pasture until blemished and are then eaten. Tosaf. adds that even if the two heads came forth simultaneously, since there is a female, the priest cannot make any claim.
^ᵈnote:I.e., birth as in the example of our Mishnah and this would certainly be the case in human actions in regard to which we are intent on ascertaining the exact measurement or size of any object.
^ᵉnote:V. Mid. III, 1.
^ᶠnote:If it is impossible to be exact, then it is likely that the line is marked below the middle of the altar and therefore when the blood for the upper half of the altar is sprinkled above the line, it may still be really in the lower half. Again. if the line is marked higher than the middle of the altar, then when the blood to be sprinkled below is sprinkled lower than the line, it may still be in the upper half.
^ᵍnote:The line encircling the altar was not a thin line but was fairly wide extending both below and above the exact middle and therefore there could be no fear of the blood for the upper part being sprinkled below and vice trio, as above the line was certainly the upper portion of the altar, and below the line was certainly the lower part.
^ʰnote:Since Scripture lays down these specific measurements apparently it is possible to be precise in human actions.
^ⁱnote:I Chron. XXVIII, 19. Rashi deletes this quotation.
^ʲnote:Since it is im possible to be exact, one can say that each portion is the greater and the law is that if the greater part of the oven remains it is unclean; v. Hul. 28b.
^ᵏnote:In the place where it is broken it is not level and one cannot therefore be sure of the measurement.
^ˡnote:V. Deut. XXI, 1f.
^ᵐnote:For we can measure the distance accurately and we have Scriptural authority that where a slain body is the same distance from two cities, then two heifers can be brought.
^ⁿnote:Ibid. XXI, 3.