בכורות 29 — Soncino English Talmud

¹LIKE ILA IN JABNEH WHOM THE SAGES PERMITTED TO ACCEPT FOUR AS FOR SMALL CATTLE AND SIX AS FOR LARGE CATTLE, WHETHER UNBLEMISHED OR BLEMISHED. GEMARA. What is the reason? — In one case, [i.e., of large cattle], he has much trouble, whereas in the other case, he has not much trouble. WHETHER UNBLEMISHED OR BLEMISHED. Now, we quite understand this in the case of a blemished firstling, because in this case he permits it; but in the case of an unblemished firstling, why [does he take payment]? — The reason is that otherwise he might be suspected, and it might be said that the animal pronounced blemished is unblemished, and the reason he permits it is because he receives payment. If your argument is true, in the case of an unblemished firstling also it might be said that it is really blemished and the reason why he does not permit it is because he thinks that he might be able to take payment a second time? — The Rabbis enacted payment for the first examination but they did not enact payment twice [for the same firstling]. MISHNAH. IF ONE TAKES PAYMENT TO ACT AS A JUDGE, HIS JUDGMENTS ARE VOID; TO GIVE EVIDENCE, HIS EVIDENCE IS VOID; TO SPRINKLE OR TO SANCTIFY, THE WATERS ARE CONSIDERED CAVE WATERS AND THE ASHES ARE CONSIDERED CALCINED ASHES. IF HE WAS A PRIEST AND HE WAS MADE UNCLEAN REGARDING HIS TERUMAH, HE MUST GIVE HIM FOOD AND DRINK AND RUB HIM WITH OIL. AND IF HE WAS AN OLD MAN, HE MOUNTS HIM ON AN ASS. HE ALSO PAYS THE PRIEST AS HE WOULD A WORKMAN. GEMARA. Whence is it proved? — Rab Judah reported in the name of Rab: Scripture says: Behold I have taught you, etc.: Just as I teach gratuitously, so you should teach gratuitously. It has also been taught to the same effect. Scripture Says: Even as the Lord my God commanded me, [intimating], just as I teach gratuitously, so you should teach gratuitously. And whence do we derive that if he cannot find someone to teach him gratuitously, he must pay for learning? The text states: Buy the truth. And whence do we infer that one should not say ‘as I learnt the Torah by paying, so I shall teach it for payment’? The text states: And sell it not. TO SPRINKLE OR TO SANCTIFY, ITS WATERS ARE CONSIDERED CAVE WATERS AND ITS ASHES ARE CONSIDERED CALCINED ASHES. The following was cited in contradiction: If one betrothes a woman with the waters of purification or with the ashes of purification, she is betrothed, although he is an Israelite? — Said Abaye: This offers no difficulty. In the case mentioned above [in the Baraitha] it is payment for bringing the ashes or filling the waters, whereas in the case [of the Mishnah] it is payment for actual sprinkling or sanctification. I can also prove it. For here in our Mishnah it states: TO SPRINKLE OR TO SANCTIFY, whereas there [in the Baraitha] it states: If one betrothes a woman with the waters of purification or with the ashes of purification. It stands proved. IF HE WAS A PRIEST, AND HE WAS MADE UNCLEAN IN RESPECT OF HIS TERUMAH. How could the priest go to a place of uncleanness? — He went to a beth ha-peras, the prohibition being a rabbinical enactment. For Rab Judah reported in the name of Rab: A man can blow away the bones of a beth ha-peras and may then proceed.26^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ^ʳ^ˢ^ᵗ^ᵘ^ᵛ^ʷ^ˣ^ʸ^ᶻ

^ᵃnote:A pious person and above suspicion in these matters.
^ᵇnote:A Roman coin usually of the value of one twenty-fourth of a denar.
^ᶜnote:Whether he pronounced the firstling to be unblemished or possessing a permanent blemish, he used to take full payment for his examination.
^ᵈnote:That for small cattle he took four as and for large cattle six as.
^ᵉnote:To cast it on the ground in order to bind it so as to enable the expert to examine it.
^ᶠnote:That the expert takes payment where he decides that it possesses a permanent blemish.
^ᵍnote:Where the priest pronounces the animal unblemished or having only a transitory blemish.
^ʰnote:There is no fear, therefore, lest the firstling is really blemished and that it is pronounced unblemished in order that the priest might receive a further payment in a subsequent examination as there is no double payment for the same animal.
^ⁱnote:The water of purification.
^ʲnote:To mix the ashes of purification with living water in a vessel.
^ᵏnote:I.e., ordinary ashes.
^ˡnote:The expert, witness or judge.
^ᵐnote:If the person who required the priest's services led him to inspect the firstling or to give evidence etc., through a path which inevitable caused the priest to become unclean. The latter cannot therefore now eat terumah, which is cheaper in price than hullin, since the latter can be eaten by everybody whereas terumah is only suitable for priests.
^ⁿnote:The person who accompanies the priest.
^ᵒnote:This is explained in the Gemara.
^ᵖnote:That it is forbidden to take payment for giving decisions on Jewish Law and teaching the Torah.
^ᵠnote:Deut. IV, 5.
^ʳnote:Ibid.
^ˢnote:Prov. XXIII, 23.
^ᵗnote:For usually priests carry out these offices. Hence we see that one is permitted to take payment, for otherwise how could she be betrothed?
^ᵘnote:From a distance to Jerusalem, and for the money earned in that manner he betrothes a woman.
^ᵛnote:This being part of the preparation for the performance of the precept for which there is no reward.
^ʷnote:The language employed in the Baraitha, i.e., ‘With the waters etc.’ suggests payment for bringing the waters, whereas the language used in the Mishnah indicates that the priest receives reward directly for sprinkling of sanctification.
^ˣnote:Thus transgressing the negative precept There shall none be defiled for the dead (Lev. XXI, 1).
^ʸnote:A field rendered unclean on account of crushed bones carried over it from a ploughed grave.
^ᶻnote:To bring the Paschal lamb, since abstaining from this fear of uncleanness would render him liable to the guilt of excision; but in respect of terumah the rabbinic enactment stands.

²And R. Judah b. Ami reported in the name of Rab Judah: A beth ha-peras which has been trodden is levitically clean. Or, we may also say: [The Mishnah refers] to other impurities, concerning which he is not warned [against coming into contact]. IF HE WAS AN OLD MAN, HE MOUNTS HIM ON AN ASS. A Tanna taught: He receives payment on the scale of a workman with nothing to do. [What does the expression ‘an idle workman’ mean, since it does not render him idle?] — Abaye said: He pays the priest like a workman idle from his particular occupation. MISHNAH. IF ONE IS SUSPECTED IN CONNECTION WITH FIRSTLINGS, EVEN DEER'S FLESH WE MUST NOT BUY FROM HIM, NOR UNDRESSED HIDES. R. ELIEZER SAYS: FEMALE HIDES WE MAY BUY FROM HIM. WASHED OR DIRTY WOOL WE MUST NOT BUY FROM HIM BUT SPUN WOOL OR GARMENTS WE MAY BUY FROM HIM. GEMARA. [The reason for prohibiting] deer's flesh is because it might be exchanged for calf's flesh. Undressed skins are forbidden [to be bought], thus implying that dressed skins we may buy. What is the reason? — If there was any substance in the suspicion that they might be of a firstling, he would not have troubled in the matter, reflecting thus: If the Rabbis heard about me, they would make me forfeit them. R. ELIEZER SAYS: FEMALE HIDES WE MAY BUY FROM HIM. What is the reason? — It is easily recognized. And the first Tanna? If this be so, then in the case of a male also he might cut away the male genital and maintain that mice have devoured it. And the other? — The action of mice is easily recognized. WASHED OR DIRTY WOOL WE MUST NOT BUY FROM HIM. If we must not purchase washed wool [from], him is there any question about dirty wool? — Rather this is stated as one case: Wool washed from its dirt. BUT SPUN WOOL OR GARMENTS WE MAY BUY FROM HIM. Now if we must not buy spun wool, is there any question as to garments? — The kind of garments meant are felt spreadings. MISHNAH. IF ONE IS SUSPECTED OF IGNORING THE SABBATICAL YEAR, FLAX MUST NOT BE BOUGHT FROM HIM, EVEN CARDED; BUT SPUN OR WOVEN WOOL MAY BE BOUGHT FROM HIM. GEMARA. Now if spun wool may be bought, is there any question with regard to woven wool? — ‘Woven’ means here twists. MISHNAH. IF ONE IS SUSPECTED OF SELLING TERUMAH AS HULLIN, EVEN WATER AND SALT MUST NOT BE BOUGHT FROM HIM. THESE ARE THE WORDS OF R. JUDAH. R. SIMEON SAYS: WHATEVER COMES UNDER THE OBLIGATION OF TERUMAH AND TITHES MUST NOT BE BOUGHT FROM HIM. GEMARA. [The expression ‘WHATEVER’ of R. Simeon], what does it include? — It includes the entrails of fish in which oil is mixed. There was a certain butcher suspected of selling^ᵃᵃ^ᵃᵇ^ᵃᶜ^ᵃᵈ^ᵃᵉ^ᵃᶠ^ᵃᵍ^ᵃʰ^ᵃⁱ^ᵃʲ^ᵃᵏ^ᵃˡ^ᵃᵐ^ᵃⁿ^ᵃᵒ^ᵃᵖ^ᵃᵠ^ᵃʳ

^ᵃᵃnote:The field having been trodden by several people, it is impossible that a dead man's bone the size of a barley-corn could remain to cause uncleanness, v. Pes. 92b.
^ᵃᵇnote:E.g., coming in contact with a carcass or dead reptile, the negative precept cited above referring exclusively to a corpse.
^ᵃᶜnote:If, for example, he performs light work and earns a big wage, then the priest's compensation would only be slightly less than what he receives for his normal work. But if his work was of an arduous kind for which he received say, three zuz, then if he had invited him to take a zuz for much lighter work, he would probably have accepted the offer, This is therefore what the priest receives now for his services which prevented him following his occupation, but not the whole of his usual wages, as the work which the priest is performing for him is not arduous.
^ᵃᵈnote:E.g., of causing blemishes.
^ᵃᵉnote:The flesh being red, it can be exchanged for calf's flesh, and he might therefore sell him the flesh of an unblemished firstling calf, pretending that it is deer's flesh.
^ᵃᶠnote:That I took it from an unblemished firstling which requires burial. Therefore to spare himself unnecessary trouble, he would not dress the skins, if they came from firstlings,
^ᵃᵍnote:The difference between the skin of a male and a female. A female animal is not subject to the law of the firstling.
^ᵃʰnote:In our Mishnah, who forbids the purchasing of skins of both sexes, as he makes no distinction. But surely one can observe a difference in the skins!
^ᵃⁱnote:And make the part look like a female organ and when questioned about the cut in the organ, he may ascribe it to the work of mice.
^ᵃʲnote:Where one might have said that he would not take the trouble to wash the wool if it came from a firstling, for fear that the Rabbis might hear of the case and he would as a result have to forfeit it.
^ᵃᵏnote:Since we have already permitted it from the moment when the wool was spun.
^ᵃˡnote:Which were never spun and therefore our Mishnah needs to inform us what the ruling is.
^ᵃᵐnote:I.e., of sowing or doing business with the spontaneous growth of the sabbatical year.
^ᵃⁿnote:And prepared with a comb.
^ᵃᵒnote:As we have already permitted the buying of the wool in the earlier stage of spinning.
^ᵃᵖnote:Ropes made from flax before they are spun.
^ᵃᵠnote:As a punishment.
^ᵃʳnote:Oil being subject to the law of terumah.