If one slaughters and sells a firstborn, and it becomes known that it was not examined, what was eaten was eaten and one must return the money. Of what was not eaten, the meat should be buried, and one must return the money. Similarly, if one slaughters and sells a cow, and then becomes informed that it was torn, what was eaten was eaten and one must return the money. Of what was not eaten, the meat is returned and one must return the money. If it is sold to non-Jews or thrown to dogs, one is paid the price of a torn animal.
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.
Ask RabbiBookmarkShareCopy
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.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bekhorot
מה שאכלו – those who purchase its food.
Ask RabbiBookmarkShareCopy
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.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bekhorot
ויחזיר להם את הדמים – because of a fine. That he fed them forbidden flesh/meat.
Ask RabbiBookmarkShareCopy
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.
Ask RabbiBookmarkShareCopy
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.
