R. Yehoshua and R. Tzaddok testified about the redemption (lamb) [which one set aside for the redemption of the firstling of an ass], which (lamb) died, that the Cohein has no claim in it. For R. Eliezer says: He (the owner) is liable to restore it, as [he is liable to restore (if they were lost)] the five selaim for [the redemption of his (first-born) son.] And the sages say: He is not liable to restore it, but it is like the (lost) redemption (money) for the second tithe, [which the Torah required him (to spend on food) to eat in Jerusalem — but he has lost it! The rationale of R. Eliezer: We find that the Torah compared the redemption of the firstling of an ass to (that of) the first-born son of a man, it being written (Exodus 34:20): "And the firstling of an ass shall you redeem with a lamb … All the first-born of your sons shall you redeem." And the sages say: It is written (Numbers 18:15): "But redeem shall you redeem the first-born of the man, and the first-born of the unclean beast (an ass) shall you redeem" — I have likened it (to a man) for purposes of redemption, and not for other things.]
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העיד רבי יהושע. פדיון פטר חמור שמת– a lamb which was set aside/dedicated for the redemption of the first-born of an ass and it died.
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Introduction
According to Exodus 13:13, the first born of a donkey must be “redeemed” with a sheep. Since donkeys are not fit to be sacrificed, their firstborn cannot be offered on the altar as are the firstborn of “pure” animals. Therefore they are redeemed with a sheep, which is then given to the priests (see Numbers 18:15).
In our mishnah the Rabbis dispute the responsibility that the owner of the donkey has over the sheep which he has used to redeem the first born of his donkey. The question is, if the sheep dies after it has been used to redeem the donkey but before he gives it to the priest, must he replace it with a new sheep?
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כחמש סלעים – [like the five Sela’im] of the redemption of the first-born son [if lost] is liable to make it up.
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Rabbi Joshua and Rabbi Zadok testified concerning the redemption ( of a firstborn donkey, that if it died, the priest receives nothing, According to Rabbi Joshua and Rabbi Zadok, if the sheep used to redeem the first-born donkey should die before it is given to the priest, the owner is not responsible to provide the priest with a new sheep. According to these Sages, once he has “redeemed” the first-born donkey with the sheep he has fulfilled his religious duty. True the sheep belongs to the priest, but the owner has no responsibility to protect the sheep on behalf of the priest. Therefore if something happens to it, it is the priest’s loss.
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כפדיון מעשר שני – for if it was lost, he is not liable to make it for that money the All-Merciful obligated to teat in Jerusalem, but surely it was lost to him, and the reason of Rabbi Eliezer for we have surely found that the Biblical verse made a comparison by juxtaposition between the first born of the ass and the first born of a human being, as it states (Exodus 34:20): “But the firstling of an ass you shall redeem with a sheep; [if you do not redeem it, you must break its neck.] And you must redeem every first-born among your sons.”
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Whereas Rabbi Eliezer says: the owner must bear the responsibility as with the five selas [in the case] of a [firstborn] son. Rabbi Eliezer disagrees. He compares this sheep to the five selas that a father owes the priest to redeem his own first-born (pidyon ha-ben). In that case all the Rabbis agree that if the coins are lost before the father gives them over to the priest, the father must give the priest five new selas. Rabbi Eliezer says that just as in that case the father is responsible, so too in this case the owner of the donkey is responsible if the sheep should die before being presented to the priest.
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וחכמים אומרים – The Biblical verse states (Numbers 18:15): “…but you shall have the first-born of man redeemed, and you shall also have the firstling of impure animals redeemed.” To redemption the Torah made a comparison [by juxtaposition] but not to anything else.
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But the Sages say: he bears no responsibility any more than in the case of the redemption of second tithes. The Sages, who in this case agree with Rabbi Joshua and Rabbi Zadok, compare this situation to that of lost coins of second tithe. These coins were used to redeem second tithe produce. The coins were then meant to be brought to Jerusalem and used there to buy food. If the owner of the coins should lose them before he arrives in Jerusalem, he is not obligated to replace them. According to the Sages, the same is true for the sheep.
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Questions for Further Thought: • Why would the Sages not agree with Rabbi Eliezer’s analogy of the sheep to the five selas given for the redemption of the human first born? • Why would Rabbi Eliezer not agree with the Sages’ analogy to second tithe?
