Bekhorot

Now, does this1 not refer to the case of an embryo?2 — No, it refers to the animal.3 But it does not say ‘damaw’ [‘its value’]?4 — Read ‘dameha’.5 But does it not say ‘and he gives its whole value to the Priest’? Now if [the words ‘its value’] refer to the animal, what has the priest to do with it?6 — [No.]7 We are dealing here with a case where e.g., [an Israelite] gave him a pregnant animal to fatten;8 since we punish him for [selling the] animal [to a gentile,] we also punish him for [selling] an embryo.9 Said R. Ashi, Come and hear: R. Judah permits the selling of a maimed [animal].10 because it cannot be cured.11 But if it could be cured, it would be forbidden. Now, is not an embryo also like [an animal] which can be cured?12 Deduce, therefore, from this [that it is forbidden to sell an embryo to a heathen according to R. Judah]. Some there are who referred [R. Judah's ruling on an embryo] to our Mishnah:13 AND WHO SELLS [AN EMBRYO] TO HIM [A HEATHEN] ALTHOUGH HE IS NOT PERMITTED. May we say that the Mishnah is not in agreement with R. Judah? For we have learnt: R. Judah permits the selling of a maimed [animal]!14 — You can even say [that the Mishnah] agrees with R. Judah. For the case of a maimed [animal] is not a frequent occurrence15 whereas the case of an embryo is a frequent occurrence.16 Come and hear: R. Judah Says: if one received an animal from a heathen to look after and it gave birth [to a firstling], we settle [with the gentile partner] for what it is worth and half of its value is given to the priest. Or if [an Israelite] gives [an animal] to him to look after, although he is not permitted to do so, we punish him [by making him, redeem the animal] even up to ten times its value and he gives its whole value to the Priest. Now, does this not refer to the case of an embryo? — No, it refers to the animal. But does it not say ‘damaw’? [‘its value’?] — Read ‘dameha’. But does it not say ‘and he gives its whole value to the Priest’? Now if [the words ‘its value’] refer to the animal, what has the Priest to do with it? — We are dealing here with a case where e.g., an Israelite gave him a pregnant animal to fatten, and since we punish him for [selling] the animal [to a gentile,] we also punish him for [selling] an embryo. Said R. Ashi, Come and hear: R. Judah permits the selling of a maimed [animal] because it cannot be cured. But if it could be cured it would be forbidden. And an embryo is on a par with an animal that can be cured. Deduce therefore from this [that according to R. Judah it is not allowed to sell an embryo to a heathen]. The following query was put forward: If one sold an animal for its [future] offspring [to a gentile,]17 what is the ruling?18 You can put this question to R. Judah and you can put this query to the Rabbis. 19 You can put the query to R. Judah thus: are we to say that R. Judah only permits the case of a maimed [animal]20 because he [the Israelite] will not come to confuse it with another animal and sell it [to a heathen], but in the case of a whole animal,21 where he may confuse it with another, [he will say that] it is forbidden, or are we to say that perhaps, if in the case of a maimed [animal] where he severs all connection with it,22 [it is allowed,] how much more so in the case of a whole animal where he has not severed all connection with it?23 You can put this query to the Rabbis, thus: are we to say that the Rabbis only prohibit in the case of a maimed [animal] because he severs all connection with it,24 but in the case of a whole animal, where he does not sever his connection from the animal, it is permissible; or are we perhaps to say that if in the case of a maimed [animal], where he will not come to confuse it [with another animal], they forbid [the selling to a heathen,] how much more so in the case of a whole animal, is there the fear [of confusion.]25 But is the reason of the Rabbis because of what [is stated] here?26 Has it not been taught: They, [the Rabbis,] said to R. Judah:27 Is it not possible to couple [an animal with a broken foot] so that it gives birth? Consequently, the reason is on account of the [future] offspring?28 — This is what the Rabbis said [to R. Judah:] ‘Our reason [why we forbid the selling of a maimed animal] is because he may come to confuse it with another [animal]. But as for you, why do you permit a maimed [animal]? [It is] because it cannot be cured, and therefore it is as if he had sold it to be slaughtered.29 But do we not couple it and it gives birth? And since we couple it and it gives birth, he will detain it.’30 And thereupon he replied to them: ‘When it gives birth,31 for [in fact] it cannot take a male [for coupling purposes]’.32 Come and hear: OR AN ISRAELITE WHO GIVES [HIS ASS] TO HIM [A HEATHEN] TO LOOK AFTER. And it does not say ‘although he is not permitted’!33 — But, according to your argument, when it says: OR WHO FORMS A PARTNERSHIP WITH HIM, since it does not say [it is forbidden,] are we to infer that it is allowed? Has not the father of Samuel said: One must not form a partnership with a heathen lest he [the heathen] will be bound to take an oath to him and he will swear in the name of his idol and the Torah says: [And make no mention of the name of other gods.] neither let it be heard out of thy mouth?34 You must, therefore, admit that when [the Mishnah] lays down that selling [to a heathen] is forbidden35 the same ruling applies to a partnership [with a heathen]. Likewise here also when [the Mishnah] lays down that selling [is prohibited] the same ruling applies to kablanuth.36 Why then does the Mishnah cite [the prohibition] specifically in connection with selling?37 — Because the main prohibition refers to the selling. Come and hear: R. Judah said: If one receives an animal from a heathen to look after and it gives birth [to a first-born] we settle [with the gentile partner] for what it is worth and half of its value is given to the priest. If again an Israelite gives an animal [to a heathen] to look after, although [he knows that] this is not permitted, we fine him even up to ten times its value and he gives its whole value to the Priest.38 But the Sages say, so long a gentile has a share in it, 39 it is exempt from the law of the first-born. itself belongs to the Israelite, the words ‘although it is not permitted’ referring to the embryo. We punish him by making him give the value of the embryo to the Priest. Hence we can deduce that one is forbidden to sell an embryo to a heathen. animal. therefore R. Judah will hold that an embryo may be sold to a heathen, contrary to the ruling of our Mishnah. circumstances also. large cattle to a gentile? to sell an animal for its future offspring. the possession of the heathen. circumstances in our query, where the animal still belongs to the Israelite and there is as yet no offspring. animal to a heathen for the sake of its future offspring, and according to R. Judah it is permissible. gentile. the conclusion that it is permissible to sell an animal which is not for slaughter to a heathen. an animal to a gentile for its future offspring. which shows that it is not allowed.