פירוש על תמורה 3:5

הרי אלו כבכור וכמעשר – like the sanctity of the firstling and the tithe of the cattle, which are not slaughtered in the booths of a mercantile fair/bazaar.

Introduction Today’s mishnah, the final of our chapter, deals with the first-born and a tithed animal.

חוץ מהבכור והמעשר (see Tractate Bekhorot, Chapter 5, Mishnah 1) – because there is no benefit for something sanctified in the salle, for the proceeds of a firstling go to a Kohen, and the proceeds of a tithe go to the owners, and because of their benefit, we don’t treat them lightly.

The substitute of a first-born and an animal tithed, their young and the young of their young until the end of time, they are all treated like a first-born and an animal tithed, and are eaten by the owners when blemished. The substitute and offspring of a first-born and an animal tithed, and all of their subsequent substitutes and offspring, all are treated just like a first-born or a tithe. They can be eaten by their owners once they have become blemished [the priest who receives the first-born is considered its owner once he receives it]. However, the substitute of a first-born is not sacrificed, as is the first-born.

ובאין מחוצה לארץ לארץ חוץ מן הבכור ומן המעשר (see Tractate Bekhorot, Chapter 9, Mishnah 1) – for they don’t come ab initio from outside the land of Israel, as the reason is explained beyond. But if they came as pure animals, they are sacrificed.

What is the difference between a first-born and an animal tithed [on the one hand] and other dedications [on the other]? All [blemished] dedications are sold in the market, killed in the market, and weighed by the pound, but not a first-born and an animal tithed. They [other dedications] and their substitutes are redeemed, but not a first-born and an animal tithed. They [other dedications] come from outside the land [to the land], but not a first-born and an animal tithed. [If] they however came from [outside the holy land] unblemished, they are offered, if blemished they are eaten by their owners with their blemishes. Rabbi Shimon: what is the reason? Because a first-born and an animal tithed have a remedy wherever they are, whereas all other dedications, although a blemish has occurred in them, remain holy. The mishnah now lists ways in which the first-born and tithe differ from all other animals dedicated to be sacrifices. If a blemish occurs to any other dedicated animal, it must be redeemed for money, and only then it can be eaten. Once it is redeemed, the animal can be sold and slaughtered in the marketplace, and its meat can be weighed out, because the animal is no longer holy. In contrast, the first-born and tithe are not redeemed, so they remain holy. Therefore, when they are eaten, they must not be treated in the normal way that meat is treated, for this is considered to be disgraceful. [As an aside, it is interesting to note that the sages believed that the way in which meat is treated is considered as either disgraceful or respectful to the animal]. Other animals are sometimes dedicated outside the land of Israel and then brought to Israel to be sacrifices. In contrast, while a first-born and tithe outside the land is holy, they are not generally brought to the land of Israel. However, if they are brought to the land of Israel, the same rules apply when they are blemished they can be eaten, and if they are not, they are sacrificed. Rabbi Shimon explains that the difference between the first-born and tithe on the one hand and the other dedications is that the former have a “remedy” when they are outside of Israel. There, they can go out to pasture and then when they become blemished, they can be eaten by their owners. There is no real reason to bring them to the land of Israel. In contrast, while other dedicated animals can be let out to pasture and become blemished, even once they are blemished they must be redeemed and a sacrifice must be brought with the proceeds. In which case, it is just as easy to bring them directly to Israel to be sacrificed themselves.

אמר ר' שמעון מה טעם – that the firstling and the tithe do not come from outside the Land of Israel like the other Holy Things.

שבכור ומעשר יש להם פרנסה במקומן – they have repair in their places that [the animals] will go out to pasture until they become unfit for sacrifices and their owners will consume them with their blemishes.

ושאר כל הקדשים – even though a blemish befell them, they are in their sanctity, you need to redeem them and to elevate their monetary value and to offer them up., for since their end is to elevate their monetary value, they should raise them themselves and offer them up. But the legal decision is, that a firstling and a tithe that were pure that came up from outside the Land [of Israel] should not be offered up, as it is written (Deuteronomy 14:23): “You shall consume the tithes of your new grain and wine and oil, in the presence of the LORD your God,” from the place that you raise up tithes and grain, you raise up the firstling, and from the place that you don’t raise up the tithe of your new grain, you don’t raise up the firstling. And the tithe of cattle is also made an analogy to the tithe of your new grain.