Commentary for Bekhorot 3:4
שְׂעַר בְּכוֹר בַּעַל מוּם שֶׁנָּשַׁר וְהִנִּיחוֹ בַחַלּוֹן וְאַחַר כָּךְ שְׁחָטוֹ, עֲקַבְיָא בֶּן מַהֲלַלְאֵל מַתִּיר, וַחֲכָמִים אוֹסְרִין, דִּבְרֵי רַבִּי יְהוּדָה. אָמַר רַבִּי יוֹסֵי, לֹא בָזֶה הִתִּיר עֲקַבְיָא, אֶלָּא בִשְׂעַר בְּכוֹר בַּעַל מוּם שֶׁנָּשַׁר וְהִנִּיחוֹ בַּחַלּוֹן וְאַחַר כָּךְ מֵת, בָּזֶה עֲקַבְיָא בֶּן מַהֲלַלְאֵל מַתִּיר, וַחֲכָמִים אוֹסְרִין. הַצֶּמֶר הַמְדֻבְלָל בַּבְּכוֹר, אֶת שֶׁהוּא נִרְאֶה מִן הַגִּזָּה, מֻתָּר. וְאֶת שֶׁאֵינוֹ נִרְאֶה מִן הַגִּזָּה, אָסוּר:
If the hair of a blemished first born falls out, and one places it in the window and then slaughters it, 'Akavya ben Mahalalel permits it but the Sages forbid it, according to Rabbi Yehudah. Rabbi Yossi says: It is not in this case that Akavya permits it. Rather, when the hair of a blemished firstborn falls out and one places it in the window and then it dies, 'Akavya ben Mahalalel permits it but the Sages forbid it. The wool hanging off a firstborn that appears [as though it is] from shearing is permitted. [Wool] that does not appear [as though it is] from the shearing is forbidden.
Bartenura on Mishnah Bekhorot
עקביה בן מהללאל מתיר [Rabbi Akavya ben Mehallalel permits] the wool for the Kohen to derive benefit from it.
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English Explanation of Mishnah Bekhorot
Introduction
Our mishnah continues to deal with the prohibition of shearing a first born, even a blemished first born that may be slaughtered and eaten. We should note that not only is it forbidden to shear the animal, but if it is sheared, it is forbidden to derive benefit from its wool. However, this prohibition is in effect only if the animal was sheared while it was alive. Once dead or slaughtered the wool that is subsequently removed can be used. Specifically, our mishnah deals with wool that fell off the animal while it was alive.
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Bartenura on Mishnah Bekhorot
וחכמים אוסרים – for if he permitted him the wool that drops off/falls out while living, he will come to wait for a firstling in order that his wool will drop off/fall out every hour, and it will come to be a snare/stumbling block that he will shear it and work on it, and those consecrated animals that are disqualified are forbidden for shearing and for work, as it is written )Deuteronomy 12:15): “[But whenever you desire,] you may slaughter and eat meat [in any of your settlements according to the blessing that the LORD your God has granted you],” you may slaughter but not shearing.
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English Explanation of Mishnah Bekhorot
If [a portion of] the hair of a blemished first born fell out and he placed it in the window, and then he slaughtered the animal, Akavya ben Mahalalel allows it. But the sages forbid it, the words of Rabbi Judah. Wool that falls off when the animal is alive is forbidden as long as the animal is alive. In the case in this mishnah, the person put the wool that fell out of the animal in a hole in the window to store it so that he could use it after he slaughtered the animal. Akavya ben Mehalalel allows the use of that wool after the animal was slaughtered. Since the slaughtering allows the wool that is on the animal when it is slaughtered, it also allows wool that fell out of the animal while it was still alive. Note that Akavya would not allow wool that was sheared when the animal was alive, because shearing is a prohibited action. The other sages forbid this wool. This is the version of the debate according to Rabbi Judah.
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Bartenura on Mishnah Bekhorot
לא בזה התיר עקביה – meaning to say, not in this [case- of the hair of a blemished firstling which fell out, and which one put in a wall niche/window, and which -firstling – one slaughtered afterwards] did [Rabbi] Akavyah [ben Mehallalel] permit and the Sages prohibited, for everyone agrees that when he slaughters it, it is permitted, slaughtering provides the benefit of the wool that is attached to it to permit it after ritual slaughtering, he also benefits from that which is plucked/detached and placed in a wall niche/window. But they did not disagree other than regarding a dead animal, for that wool that is attached to it requires burial, [Rabbi] Akavya [ben Mehallalel] permits the wool that fell out from it while it was living but the Sages prohibit it as a decree lest he will delay in order to derive benefit from the wool that falls out from it every hour, and one would come to perform acts of shearing and work. But the legal decision is even after the ritual slaughter, the wool that fell out from it while living is forbidden.
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English Explanation of Mishnah Bekhorot
Rabbi Yose said to him: Akavya ben Mahalalel did not allow [only] in this case, but [even] in the case where the hair of a blemished first born which fell out and he placed it in the window, and the animal died subsequently, [even] in this case Akavya ben Mahalalel allows, but the sages forbid. Rabbi Yose has a different version of the debate. According to Rabbi Yose if the animal was slaughtered, then even the rabbis agree that the wool that fell off when it was alive may be used. Rabbi Yose holds that they debated a case where the wool fell off and then the animal died on its own. In this case, it is prohibited to derive benefit from both the meat and the wool that is on the animal. Therefore, the wool that fell off the animal is also prohibited. According to Rabbi Yose, Akavya allows the wool even in this case.
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Bartenura on Mishnah Bekhorot
צמר המדובלל (wool which dangles/clumps in the wool) – that was not detached entirely but is attached with the wool and it doesn’t fall.
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English Explanation of Mishnah Bekhorot
If the wool of a first born is hanging loose, that part which appears [on a level] with [the rest of] the wool is permitted, whereas that which does not appear [on a level] with [the rest of] the wool is forbidden. Here we deal with some wool that has become detached from the animal but is still stuck to the rest of the animal’s wool. When he slaughters the animal, the part that is seen on level with the rest of the wool is permitted, because it does not look like wool that fell off while the animal was alive. However, if it is noticeable that the wool fell off when the animal was still alive, then it is forbidden. This is according to Rabbi Judah’s opinion, that the sages prohibit wool that fell off the animal when it was still alive, even if the animal was properly slaughtered. Rabbi Yose would hold that this wool is permitted in any case.
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Bartenura on Mishnah Bekhorot
את שנראה עם הגיזה – when they slaughter it and shear it after the ritual slaughter, that the wool that clumps/dangles is mixed with the rest of the shearing and does not appear as separated from it, it is permitted like the rest of the shearing.
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Bartenura on Mishnah Bekhorot
ושאינו נראה עם הגיזה – that it went outside too much and is recognized that it is [separated] from the shearing.
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Bartenura on Mishnah Bekhorot
אסור – it is like it fell off/dropped completely prior to the ritual slaughter. And the anonymous teaching is according to the Rabbis who dispute that of [Rabbi] Akavya [ben Mehallalel], and the Halakha is according to them.
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