Wenn man einen Erstgeborenen schlachtet und verkauft und bekannt wird, dass er nicht untersucht wurde, wurde das, was gegessen wurde, gegessen und man muss das Geld zurückgeben. Von dem, was nicht gegessen wurde, sollte das Fleisch begraben werden, und man muss das Geld zurückgeben. Wenn man eine Kuh schlachtet und verkauft und dann informiert wird, dass sie zerrissen wurde, wurde das, was gegessen wurde, gegessen und man muss das Geld zurückgeben. Von dem, was nicht gegessen wurde, wird das Fleisch zurückgegeben und man muss das Geld zurückgeben. Wenn es an Nichtjuden verkauft oder an Hunde geworfen wird, erhält man den Preis eines zerrissenen Tieres.
Bartenura on Mishnah Bekhorot
השוחט את הבכור – and sold from its flesh and it became known to us that he had not shown it to a Sage.
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English Explanation of Mishnah Bekhorot
Introduction
Today’s mishnah deals with a butcher who sells meat that comes from an animal that should not have been slaughtered.
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Bartenura on Mishnah Bekhorot
מה שאכלו – those who purchase its food.
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English Explanation of Mishnah Bekhorot
If one slaughtered a first born and it became known that he had not shown it [to an expert]: That which [the purchasers] have eaten, they ate, and he must return the money to them. That which they have not yet eaten, the flesh must be buried and he must return the money to them. If the butcher slaughters and then sells the meat of a first born without first showing it to an expert to determine whether it was blemished, the meat cannot be eaten. If they have already eaten some of the meat, there is nothing they can do about it. However, he still must pay them their money back, even though they ate the meat. This is a penalty for selling a first born without making sure it was first blemished. The meat that has not yet been eaten must be buried, as is the rule for a sacrifice that was slaughtered outside the Temple. Obviously, he must also pay them back for this meat.
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Bartenura on Mishnah Bekhorot
ויחזיר להם את הדמים – because of a fine. That he fed them forbidden flesh/meat.
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English Explanation of Mishnah Bekhorot
And likewise if one slaughtered a cow and sold it and it became known that it was terefah: That which [the purchasers] have eaten, they ate, and he must return the money to them. That which they have not eaten, they return the flesh to him and he must return the money to them. If [the purchasers], sold it to non-Jews or cast it to dogs, they must pay him the price of a terefah. The rule is similar for a butcher who sells the meat of an animal that was actually a terefah (an animal with a wound or illness that would have caused it to die such an animal cannot be eaten). The butcher must pay his customers back for the meat they ate because he is penalized for carelessly selling terefah meat. Meat that they have not eaten should be returned to him and he can either feed it to animals or sell it to non-Jews, since it is permitted to derive benefit (but not eat) a terefah. Obviously, he must pay them back for this meat. If they had already sold the meat to non-Jews or gave it to an animal, then they must pay him the amount that a terefah costs, which is much cheaper than a kosher animal. If they already paid him for kosher meat, he will have to return to them the difference.
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Bartenura on Mishnah Bekhorot
מכרוהו – those who purchase it for a heathen, since he did not cause them the prohibition, they will pay him the cost of the torn animal, like it is sold cheaply, and he will return to them the remainder. But regarding a firstling, it is not taught, “they sold it to heathens,” for from a pure firstling is prohibited to derive benefit.
