פירוש על ביכורים 2:10

חלבו אסור כחלב בהמה – like the abdominal fat of oxen, sheep or goats

Introduction Today we learn in what ways a koy is similar to a domesticated beast.

ואין חייבין עליו כרת – to bring a sin offering on his inadvertent error, and the same law applies that he is not to be flogged.

And how is [the koy] similar to a behemah (a domesticated?
Its fat ( is prohibited like the fat of a behemah, but one [who eats it] is not liable for karet. Leviticus 7:23-25 prohibits eating the helev, a type of fat, from a domesticated animal (other types of fat are permitted otherwise how would we get shmaltz?). Since a koy might actually be classified as a behemah, one cannot eat its helev. However, since it is not definite that a koy is a behemah, one who does eat the helev of a koy is not liable for the punishment of karet (I just used four Hebrew terms in one sentence I hope they were all clear).

ואינו נלקח בכסף מעשר לאכלו בירושלים – lest it is cattle. And we don’t purchase cattle for meat eaten for satisfying the appetite (i.e., secular meal of meat as opposed to sacrificial meats)from the tithe monies other than to offer peace-offerings.

It may not be bought with the money from second tithe to be eaten in Jerusalem. Second tithe is redeemed outside of Jerusalem, the money is brought to Jerusalem and there it is used to buy food or drink. If one wishes to buy meat he can buy a domesticated beast such as a sheep to use as a sacrifice or he can buy a hayyah to just eat. He can’t buy a koy to eat, because it might be a behemah and one can buy a behemah only to use it as a sacrifice. He also can’t buy a koy to use as a sacrifice because it is not fit for sacrifice as it might be a hayyah, which are never used for sacrifices.

וחייב בזרוע ובלחיים ובקיבה – and we include these from the Biblical verse, as it is written (Deuteronomy 18:3): “This then shall be the priests’ due from the people: Everyone who offers a sacrifice, whether it is an ox or a sheep, must give the shoulder, the cheeks, and the stomach to the priest.” The words “or a sheep”/אם שה – include the כוי/kind of bearded deer or antelope.

It is subject to [the priest’s share of] the shoulder, the two cheeks and the maw. Rabbi Eliezer exempts it because the burden of proof is upon the one who extracts from his neighbor. When one slaughters a domesticated animal as hullin (non-sacrificial), he has to give a priest the shoulder, the two cheeks and the maw. According to the first opinion, since a koy might be a behemah, when one slaughters a koy, he must give these to the priest. Rabbi Eliezer, disagrees and invokes the well-known principle that the burden of proof is upon the claimant. The priest would have to prove that a koy is a behemah in order to get these parts from an Israelite. Since he can’t, the Israelite need not give them to him.

שהמוציא מחבירו עליו הראיה – As the owner of the cattle said to the Kohen, I will bring proof that it is a kind of cattle and we will balance it out. And the Halakha follows Rabbi Eliezer.