Si on ne veut pas le racheter, on lui casse le cou par derrière avec une hache et on l'enterre. Le commandement de le racheter précède le commandement de lui briser le cou, comme il est écrit (Exode 13:13, Exode 34:20) "Si vous ne voulez pas le racheter, brisez-lui le cou." Le commandement de le désigner précède le commandement de le racheter, comme il est écrit (Exode 21: 8): "Que vous ne l'avez pas désigné - il sera racheté." Le commandement du mariage lévirat a précédé le commandement de la chalitzah [cérémonie libérant la veuve d'un homme sans enfant de l'obligation d'épouser son frère] au début, alors qu'ils avaient l'intention pour le commandement, mais maintenant qu'ils n'ont pas l'intention de dans l'intérêt du commandement, nous disons que le commandement de la chalitzah précède le commandement du mariage lévirat. Le commandement de racheter [un animal consacré à l'usage général du Temple] est sur le maître avant toute autre personne, comme il est écrit (Lévitique 27:27): "S'il n'est pas racheté, il sera vendu pour sa valeur estimée."
Bartenura on Mishnah Bekhorot
קופיץ (hatchet) – a large knife like a small ax that the butchers cut with it the meat.
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English Explanation of Mishnah Bekhorot
Introduction
Our mishnah begins by discussing a person who does not wish to redeem his first-born donkey by giving a lamb to the priest. It continues by dealing with a variety of other issues in which one way of performing a mitzvah takes priority over another way.
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Bartenura on Mishnah Bekhorot
ועורפו – that is that he cuts off its head from the border of the neck.
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English Explanation of Mishnah Bekhorot
If he does not wish to redeem it, he breaks its neck from behind with a large knife and buries it. Exodus 13:13 states that if he doesn’t redeem the first-born donkey he must break its neck. This is done with a large knife. After he breaks its neck, he must bury it, because he may not derive any benefit from the corpse.
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Bartenura on Mishnah Bekhorot
וקוברו – because it is prohibited to derive benefit after breaking the neck [of the heifer].
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English Explanation of Mishnah Bekhorot
The mitzvah of redemption takes priority over the miztzah of breaking its neck, for it says: “And if you don’t redeem it, you must break its neck” (Exodus 13:13). Clearly, the Torah prefers that one redeem the first-born donkey, rather than break its neck. Associative thinking now brings the mishnah to discuss other cases where there is a preferred way of performing the mitzvah.
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Bartenura on Mishnah Bekhorot
מצות יעידה – regarding a Hebrew maidservant.
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English Explanation of Mishnah Bekhorot
The mitzvah of designation takes priority over the mitzvah of redemption, for it says: “Who has betrothed her to himself, he must let her be redeemed” (Exodus 21:8). When a man buys a young slave girl, he has an option of either betrothing her to himself, or letting her be redeemed from slavery. Priority is given to marrying her, rather than letting her be redeemed by someone else. Indeed, it seems likely that the sale of a young girl was meant to be a marital type arrangement and the master would allow her to be redeemed only if he did not want to marry her. Allowing her to be redeemed was, in essence, an annulment of the original agreement.
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Bartenura on Mishnah Bekhorot
בראשונה שהיו מתכוונים לשם מצוה – and they (i.e., the Sages) would say the dead husband’s brother (brother-in-law who marries his wife) , for the sake of beauty, for the sake of money, they would come in contact with illicit sexual behavior that was not in the place [of the fulfillment] of the commandment [of levirate marriage]. But this is not the Halakha, but rather since the prohibition of marrying the wife of one’s brother has no effect from her, when his brother died without children, behold, she is completely permitted to him, and even a sister-in-law (i.e., widow of a brother who died without issue) for the sake of beauty or for the sake of money.
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English Explanation of Mishnah Bekhorot
The mitzvah of yibbum is prior to the mitzvah of halitzah. [This was so] at first when they intended to carry out the mitzvah. But now that they do not intend to carry out the mitzvah, the [rabbis] have said: the mitzvah of halitzah takes priority over the mitzvah of yibbum. Yibbum is levirate marriage, and halitzah is the release from levirate marriage. Clearly, the Torah prefers that the brother marry his dead brother’s wife, and only if he refuses to do so, is halitzah provided as an option. However, the priority of yibbum over halitzah is only in a case where the brother marries his widowed sister-in-law in order to have a child on behalf of his deceased brother. If he does so just because he wants to have relations with her, for his own enjoyment, then, the rabbis claim, it would be better for them to do halitzah. The mishnah presents this as a type of “good old days” scenario. In the “good old days” men had religious intentions when they performed yibbum. In those times, yibbum was preferable. Now they are just plain old sleeping with their dead brother’s wife, and therefore we should encourage halitzah.
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Bartenura on Mishnah Bekhorot
מצות גאולה באדון – who decides by lottery the donation of an animal to the Temple treasury, the commandment of its redemption is by the owner prior to all individuals, because he adds the one-fifth.
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English Explanation of Mishnah Bekhorot
The mitzvah of redemption [of an unclean animal whose value has been dedicated to the Temple] is upon the owner. He takes priority over any other man, for it says: “If it is not redeemed, then it shall be sold according to your evaluation” (Leviticus 27:27). If one dedicates an unclean animal to the Temple, such as a horse, then the animal must be redeemed and the money goes to the Temple’s treasury. Anyone can redeem the animal and thereby it becomes his. However, the first right to redeem the animal belong to the owner who dedicated it in the first place. Only if he does not wish to do so, is someone else allowed to come along, redeem the animal and thereby acquire it for himself.
