Kommentar zu Sheviit 7:4

לקח בכור – [a firstling] having a blemish (which is unfit for consumption by Kohanim; see Tractate Bekhorot, Chapter 5, Mishnah 2) which is permitted to foreigners (i.e., non-Kohanim).

Introduction In yesterday’s mishnah we learned that it is prohibited to engage in the business of buying and selling first-born animals or prohibited animals. Our mishnah teaches that under certain circumstances, one may sell such animals.

מותר למכרו – as long as he does not sell it other than for the price that he purchased it for, that he should not profit from it.

If one buys a first-born animal for his son’s [wedding] feast, or for a festival, and then decides that he has no need for it, he may sell it. The first-born animal referred to in this mishnah is one which has a physical flaw. Such an animal may be eaten, even by non-priests. If a person buys such an animal in order to use it in a “mitzvah meal” such as his son’s wedding or a festival, and then he decides that he does not need it, he can sell it. Clearly this is not a case of a person intending to make a trade in first-born animals, but rather just avoiding a loss.

מותרין למכרן – because it is written regarding an animal that dies of itself (Deuteronomy 14:21): “[You shall not eat anything that has died a natural death; give it to the stranger in your community to eat,] or you may sell it to a foreigner,” abut the Torah didn’t prohibit other than to keep thema live to engage in business with them but if he accidentally caught unclean animals, it is permitted.

Trappers of wild animals, birds and fishes, who chanced upon unclean species, may sell them. If a non-kosher animal, bird or fish happens into a trapper’s trap, the trapper may sell it to a non-Jew since his intention was to catch kosher animals, birds or fish. He need not just let them go.

ר"י אומר אף מי שנתמנה (if he incidentally encounters it) – even though that he does not hunt but rather that he found impure birds like (Deuteronomy 22:6): “If, along the road, you chance upon a bird’s nest.” But he disputes the first Tanna/teacher who stated that he especially was hunting.

Rabbi Judah says: also a man who happened to chance one upon by accident may buy or sell, provided that he does not make this into his regular profession. But the sages prohibit. Rabbi Judah goes a step further. If a person happens to chance upon a non-kosher animal, bird or fish he can buy it and then sell it. This is clearly a much greater leniency than that found in the previous section. It seems that Rabbi Judah holds that as long as one doesn’t make trade in non-kosher things his regular profession, he can engage in an occasional trade. The other rabbis disagree with Rabbi Judah and prohibit this. Buying the non-kosher animal when the intention is going to be to sell it is too close to engaging in business with such animals and is therefore prohibited.

נתמנה – incidentally encounters, from the language (Daniel 1:5): “The king allotted daily rations [to them from the king’s food and from the wine he drank[.”

וחכמים אוסרים – to someone who is does not hunt, and even has no skill in this, and the reason of the Rabbis is because the hunters that need to give a tax to the king from their trade, they (i.e., the Rabbis) permitted them to sell impure beasts, birds and fish in order that they are able to make payment to the king of the tax that is upon them, but not the rest of the people. But the Halakha is according to Rabbi Yehuda.