Commentaire sur Bikkurim 3:12
לְמָה אָמְרוּ הַבִּכּוּרִים כְּנִכְסֵי כֹהֵן, שֶׁהוּא קוֹנֶה מֵהֶם עֲבָדִים וְקַרְקָעוֹת וּבְהֵמָה טְמֵאָה, וּבַעַל חוֹב נוֹטְלָן בְּחוֹבוֹ, וְהָאִשָּׁה בִכְתֻבָּתָהּ, כְּסֵפֶר תּוֹרָה. וְרַבִּי יְהוּדָה אוֹמֵר, אֵין נוֹתְנִים אוֹתָם אֶלָּא לְחָבֵר בְּטוֹבָה. וַחֲכָמִים אוֹמְרִים, נוֹתְנִין אוֹתָם לְאַנְשֵׁי מִשְׁמָר, וְהֵם מְחַלְּקִין בֵּינֵיהֶם, כְּקָדְשֵׁי הַמִּקְדָּשׁ:
Pourquoi dit-on que les Bikkurim sont comme la propriété d'un Cohen ? Parce qu'il peut acheter avec eux des esclaves, de la terre ou un animal impur, et un créancier les prend pour payer une dette, et une femme les prend pour payer son contrat de mariage, [comme le Bikkurim peut être utilisé] comme un rouleau de la Torah. Et le rabbin Yehudah dit qu'ils ne sont donnés qu'à un Chaver [celui qui observe scrupuleusement la dîme et les lois de pureté], [et seulement] comme un cadeau. Et les Sages disent qu'ils sont donnés à ces [prêtres] de la montre, et ils les partagent entre eux, comme des objets sanctifiés du Temple.
Bartenura on Mishnah Bikkurim
כספר תורה – that is to say, and a Torah scroll is like the First Fruits for this law, that the creditor takes his debt and a woman collects her Ketubah settlement. Another explanation: The Mishnah reads “AND a Torah scroll” (as opposed to “like a Torah scroll”). And it is permissible to purchase with them a Torah scroll, and even though that the Tanna of our Mishnah taught “an unclean animal.” And it was necessary to teach “Torah scroll” and not to mention all of these other things. Presume that they were not appropriate for eating, they are appropriate for a reward that [could be used] to purchase food. But a Torah scroll that is not appropriate for a reward that would come for the purchase of food, for one cannot sell a Torah scroll, I might say no, but this comes to teach us otherwise.
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English Explanation of Mishnah Bikkurim
Introduction
Today’s mishnah, the last of our chapter, discusses the ramifications of the fact that the bikkurim belong to the priest and they are his property, a rule we learned in 2:1.
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Bartenura on Mishnah Bikkurim
אין נותנים אלא לחבר בטובה – A Kohen is not able to give the First Fruits other than to a Kohen who observes the Levitical laws in daily intercourse who eats his secular meat in purity and givens them to him as a favor with the expectation of reciprocation of the Torah of kindness and free-will donation, and it is not appropriate to purchase with them anything and even not to give them to a Kohen who does not observe the Levitical laws in daily intercourse, for since we don’t use them for the Divine service, we suspect lest that he is not careful with them.
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English Explanation of Mishnah Bikkurim
In what respect did they say that bikkurim are the property of the priest? In that he can purchase with bikkurim slaves and land and unclean beasts, and a creditor [of his] may take them for his debt, and his wife for her ketubah. The priest can sell or barter his bikkurim as he pleases. He can buy anything he wants with them. They count as his money and therefore if he owes money to a creditor or to his wife to pay off her ketubah, the creditor or wife can collect from bikkurim that were given to the priest. Of course, even after he sells them or gives them to a creditor the rules governing the eating of bikkurim still apply. Only priests could eat them, and they would need to be eaten in a state of ritual purity.
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Bartenura on Mishnah Bikkurim
נותנין אותם לאנשי משמר – Whether he is someone who observes the Levitical laws in daily intercourse or not, we divide them between them.
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English Explanation of Mishnah Bikkurim
As may be done with a Torah scroll. Technically, a Torah scroll may also be sold in order to buy something else or used in the collection of a debt. However, the rabbis said that anyone who sells a Torah scroll will never see a blessing. Perhaps the mishnah also wants to make that negative comparison with selling a Torah, as if to say, yes, one can sell bikkurim, just as one can sell a Torah, but one who does so will never see a blessing. Another reading of this mishnah says not “as may be done with a Torah” but “and a Torah scroll.” This would mean that one can use bikkurim to buy a Torah scroll. However, it is unlikely that this version is original. After all, if you can use bikkurim to buy slaves etc., then why would you think you couldn’t use them to buy a Torah scroll.
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Bartenura on Mishnah Bikkurim
בקדשי מקדש – like the other holy aspects of the altar. And even though we don’t use them for Divine service, since we bring them into the courtyard, we are careful with them and we don’t come to eat them in defilement. And the Halakha is according to the Sages.
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English Explanation of Mishnah Bikkurim
Rabbi Judah says: bikkurim may be given only to [a priest that is] a haver (an and as a favor. Rabbi Judah says that one can give bikkurim only to a priest known to scrupulously observe the purity laws. Such a priest is called a “haver” which in rabbinic terminology is the opposite of an “am haaretz,” one who is suspected of not observing the purity laws or properly tithing his produce. Rabbi Judah also holds that one can choose which priest he gives his bikkurim to. When he gives the bikkurim to this priest, the priest may consider it a favor, and perhaps return the favor at some later point. However, the priest may not pay for the bikkurim.
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English Explanation of Mishnah Bikkurim
But the sages say: they are given to the men of the mishmar, and they divide them among themselves as [they do] with all other consecrated objects. The other rabbis disagree as to how bikkurim are divided among the priests. In their opinion bikkurim are divided in the same way as are other consecrated objects whatever mishmar, priestly watch, is on duty in the Temple at that time receives them. A person does not have a choice as to which priest receives his bikkurim. The mishmar would decide which priest is trustworthy to eat the bikkurim while in a state of purity, just as they do with other consecrated objects such as sacrifices.
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