Commentaire sur Bekhorot 5:2
בֵית שַׁמַּאי אוֹמְרִים, לֹא יִמָּנָה יִשְׂרָאֵל עִם הַכֹּהֵן עַל הַבְּכוֹר. בֵּית הִלֵּל מַתִּירִין, וַאֲפִלּוּ נָכְרִי. בְּכוֹר שֶׁאֲחָזוֹ דָם, אֲפִלּוּ הוּא מֵת, אֵין מַקִּיזִין לוֹ דָם, דִּבְרֵי רַבִּי יְהוּדָה. וַחֲכָמִים אוֹמְרִים, יַקִּיז, וּבִלְבַד שֶׁלֹּא יַעֲשֶׂה בוֹ מוּם. וְאִם עָשָׂה בוֹ מוּם, הֲרֵי זֶה לֹא יִשָּׁחֵט עָלָיו. רַבִּי שִׁמְעוֹן אוֹמֵר יַקִּיז, אַף עַל פִּי שֶׁהוּא עוֹשֶׂה בוֹ מוּם:
Beit Shammai dit qu'un Israélite ne devrait pas se joindre à un prêtre [pour manger un premier-né disqualifié]. Beit Hillel le permet même pour un non-juif. Si un premier-né est saisi par [l'excès] de sang, nous ne laissons pas son sang même s'il mourra, selon le rabbin Yehudah. Les sages disent: on peut laisser son sang, mais on ne peut pas faire un défaut. Si on a fait une tache, on ne peut pas l'abattre sur cette [base]. Le rabbin Shim'on dit: On devrait laisser son sang même s'il fera une tache.
Bartenura on Mishnah Bekhorot
לא ימנה ישראל עם הכהן – to eat with him in an association from the meat of a firstling with a blemish, for they not numbered regarding the firstling other than in an association that is entirely Kohanim [alone], as it is written (Numbers 18:18): “But their meat shall be yours: it shall be yours like the breast of elevation offering and like the right thigh,” for just as the breast and the thigh are for the Kohanim [only], and not for the Israelite, even the firstling, whether pure or with a blemish, are for the Kohanim [only] and not for the Israelite.
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English Explanation of Mishnah Bekhorot
Introduction
There are two topics in our mishnah. The first section deals with a Jew sharing a blemished first born with a priest. The second section deals with blood letting a first born in order to heal it.
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Bartenura on Mishnah Bekhorot
ובית הלל מתירין ואפילו נכרי – as it is written (Deuteronomy 12:15): “[The impure and the pure alike may partake of it,] as of the gazelle and the deer,” just as the gazelle and the deer, even a heathen [may partake of it], even to the firstling also. And Scripture [teaches] as it is written (Numbers 18:18): “But their meat shall be yours:…like the breast of elevation offering and like the right thigh,” and it is speaking specifically about the pure firstling.
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English Explanation of Mishnah Bekhorot
Bet Shammai says: An Israelite must not be invited to share [a blemished first born] with a priest. But Bet Hillel permits this, even in the case of a non-Jew. According to Bet Shammai, if a priest owns a blemished first born which he can eat, he should not invite an Israelite to share it with him. The mishnah does not explain why Bet Shammai prohibits this and the Talmud gives a midrashic reasoning. Perhaps Bet Shammai fear that the priest may be bribing the Israelite to give him the blemished first born. To prevent bribes, Bet Shammai prohibits this. Bet Hillel permits, and they even allow a non-Jew to share in eating the first born. The reason to mention that a non-Jew can share in eating the first born is to teach that the priest can do with it as he pleases, as long as he doesn’t shear it or sell its meat in the market (as we learned in yesterday’s mishnah).
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Bartenura on Mishnah Bekhorot
שאחזו דם – a sick [animal] who is danger from excess blood [letting].
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English Explanation of Mishnah Bekhorot
If a first born has a blood attack, even if it is going to die, its blood may not be let, the words of Rabbi Judah. It is prohibited to blemish a first born animal so that it can be eaten (see tomorrow’s mishnah). According to Rabbi Judah, even if the blemish is done through blood letting with the intention of saving the animal’s life, it is still prohibited.
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Bartenura on Mishnah Bekhorot
אין מקיזין לו דם – and even in a place where he does not make in it a blemish. For since a person is pressed (see Tractate Pesahim 11a) when his money is at stake, if you permitted him in a place where he does not make a blemish, he would come to make it in a place where one makes in it a blemish.
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English Explanation of Mishnah Bekhorot
But the sages say: he may let its blood, as long as he does not make a blemish. And if he made a blemish, he must not slaughter it on account of this. The sages permit the animal’s blood to be let, as long as he does it in a way that the animal will not be halakhically considered blemished. And if it does become halakhically blemished, he can’t count this blemish as grounds to slaughter the animal. Rather he would have to wait until the animal becomes blemished in another way and only then can he slaughter it. Note that he cannot sacrifice it after the first blemish because one can never slaughter a blemished animal.
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Bartenura on Mishnah Bekhorot
ובלבד שלא יעשה בו מום – that he will not tear apart the top of his ear or the top of its lips in the place where it is not able to return and be healed, the Rabbis hold all the more so that if you did not permit him in a place where there is no blemish, he will come to make it even in a place where it has a blemish.
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English Explanation of Mishnah Bekhorot
Rabbi Shimon says: he may let blood, even though he makes a blemish. Rabbi Shimon is even more lenient and allows one to let the blood of an animal, even if he does it in such a way that it will cause a blemish. According to the Talmud, Rabbi Shimon would also let him slaughter the animal based on this blemish. Since his intention was to save the animal’s life (so he could properly slaughter it and eat it) this is not considered intentionally blemishing an animal, a topic to be discussed in tomorrow’s mishnah.
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Bartenura on Mishnah Bekhorot
לא ישחוט עליו – for since and he placed in it [a blemish] until another blemish befalls it.
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Bartenura on Mishnah Bekhorot
יקיז – [he should draw blood] even in the place where he makes a blemish in it, even he needs to let blood from the same limb and not leave it until it dies. But even though he made a blemish with his hands, he should slaughter it. And the Halakha is according to Rabbi Shimon.
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