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הזרוע והלחיים. בארץ ובחוץ לארץ (the shoulder and the cheeks [and the stomach] – because it was needed to teach [in the Mishnah] with regard to unconsecrated products but not with that which is dedicated [to the Temple], he teaches all of them.

Introduction Deuteronomy 18:3 states, “This then shall be the priests’ due from the people: Everyone who offers a sacrifice, whether an ox or a sheep, must give the shoulder, the cheeks and the stomach to the priest.” Our chapter is concerned with these gifts given to the priest.

בפני הבית – at the time when the Temple existed.

The [law of] the shoulder and the cheeks and the stomach is in force both within the Land and outside it, both during the existence of the Temple and after it, in respect of unconsecrated animals but not consecrated animals. The law that a person must give the priest the shoulder, cheeks and stomach of an animal that he slaughters is in force in all places and in all times. It applies only to unconsecrated (hullin) animals and not to those that have been consecrated to the Temple.

ואתן אותם – (Leviticus 7:34: “and given them [to Aaron the priests and to his sons as their due from the Israelites for all time].”) – it is written regarding the shoulder and the cheeks. They are a a limitation: Dקואthe shoulder and the cheeks, yes; anything else, no.

For it might have been argued thus: if unconsecrated animals, which are not subject to the law of the breast and the thigh, are subject to these dues, how much more are consecrated animals, with are subject to the law of the breast and the thigh, subject also to these dues! The mishnah now explains why one might have thought that it should apply to consecrated animals. From shelamim sacrifices, whose meat goes to the owners, the priest receives the breast and the thigh. Thus one might have argued if the priest gets the shoulder, cheeks and stomach from unconsecrated animals but not the breast and thigh, all the more so he should get the shoulder, cheeks and stomach from an animal from which he does receive the breast and thigh.

Scripture states, “And I have given them to Aaron the priest and his sons as a due for ever” (Leviticus 7:34) only what is mentioned in this passage shall be his. To counter this argument, the Torah hints (midrashically) that from sacrifices, Aaron and his priestly descendents receive only the breast and thigh, and not the shoulder, cheeks and stomach. Along with this midrash, it seems to me that the different priestly gifts serve to distinguish between sacrifices and non-sacrifices. The fact that the priests receive different gifts from different animals might help in distinguishing whether the gifts they are receiving must be treated as holy, or can be considered hullin (non-sacred).

כל הקדשים שקדם מדם קוע להקדישן – behold they are like one who dedicates–sanctifies wood and stones, and there isn’t in them an object which is consecrated as such.

Introduction An animal that has a permanent physical blemish cannot be sacrificed. Our mishnah distinguishes between cases where the blemish preceded the consecration of the animal, versus cases where the consecration preceded the blemish.

ונפדו חייבין בככורות – if they gave birth after hey were redeemed, but not prior to redemption, for that which is consecrated for its value is superseded from the first born [animal] for holiness does not takes effect on something already possessing holiness.

All consecrated animals whose permanent physical blemish preceded their consecration and were then redeemed: Are subject to the law of the firstling and to the priestly gifts, And when they become like hullin [by being redeemed] they may be shorn and may be put to work. And their young and their milk are permitted after they have been redeemed. And he who slaughtered them outside the sanctuary is not liable. And they do not render what is substituted for them [holy]. And if they died they may be redeemed, except for the firstling and the tithe of cattle. If the animal had a permanent blemish before it was consecrated, then the animal itself doesn’t become holy. Instead, the consecrator has in reality dedicated the value of the animal to the Temple. Thus this animal is treated like a hullin, non-sacred, animal, except that it has to be redeemed before any use can be made of it. If it gives birth to a firstling, the firstling is holy, as is the case with a hullin animal. When one slaughters it, he must give the shoulder, cheeks and stomach to the priest. After it becomes hullin by being redeemed, it may be shorn and work may be performed with it. Similarly, its young and its milk are not prohibited. One who slaughters it outside the Temple is not liable for he has slaughtered a non-sacred animal. If one tries to exchange it for another animal, the other animal is not holy. If the animal dies, it will still need to be redeemed, so that its meat can be given to dogs. The only exception to all of these rules is if this animal that had a permanent blemish is itself a firstling or a tithed animal. The firstling is holy from the moment it is born even if it has a blemish. Similarly, even blemished animals must be tithed (see Leviticus 27:33). Thus these animals are holy regardless of whether they have blemishes and therefore they cannot be treated as the animals above were treated.

וולדן וחלבן מותר לאחר פדיונן – but he dedicates–sanctifies [animals[ without physical blemish but if they became physically blemished and were redeemed, their offspring are forbidden as mentioned above. But whether regarding the first clause [of the Mishnah] where it is taught that is permitted or the latter clause [of the Mishnah] where it is taught that is forbidden, we are dealing with a case where the animal became pregnant prior to its redemption and that it gave birth after its redemption, and its milk also, when we sanctify [animals] without physical blemish and they were redeemed, he derives them that they are prohibited, as it is written regarding consecrated animals that are disqualified that were redeemed (Deuteronomy 12:15): “[But whatever you desire], you may slaughter and eat meat [in any of your settlements],’ you may slaughter, but not shear, you may eat, but not for your dogs, meat, but not milk–forbidden fat.

All [consecrated animals] whose consecration preceded their permanent, or their impermanent blemish [preceded] their consecration and subsequently they contracted a permanent blemish, and they were redeemed: Are exempt from the law of the firstling, and from priestly gifts; And they are not like unconsecrated animals to be shorn or put to work; And [even] after they have been redeemed their young and their milk are forbidden; And he who slaughtered them outside the sanctuary is liable; And they render what was substituted for them [holy], And if they died they must be buried. An animal that is first consecrated and then becomes blemished is a consecrated animal, even though it cannot be sacrificed. Similarly, if an animal has a passing blemish, and then it is consecrated, it is a consecrated animal. These animals must be redeemed, and the money used to buy a new sacrifice. However, they remain consecrated even after redemption. Therefore, their offspring is exempt from the laws of tithe and firstling, as are the offspring of all consecrated animals. One who slaughters them after their redemption need not give the shoulder, cheeks and stomach to the priest. Even after they are redeemed, it is forbidden to shear them or to perform any work with them. Their offspring and their milk remain prohibited, even after they have been redeemed. Indeed, it seems like the only thing that can be done with them is to eat them. Our version of the mishnah says that if one slaughters them outside of the Temple, he is liable. This is difficult, because what it he supposed to do with them he can’t offer them as sacrifices nor can he slaughter them outside of the Temple. There is a version which reads “exempt” instead of “liable.” However, the Talmud reads “liable” and explains that this mishnah is according to Rabbi Akiva who holds that if an animal with a blemish was put onto the altar, it is not to be removed (Zevahim 9:3). Thus, although this animal should not be sacrificed, if it is put on the altar, it can be sacrificed. If one exchanges this animal for another, the other animal also becomes holy. Consecrated animals cannot be exchanged one for the other, and if one tries to do so, the original animal remains holy and the new animal becomes holy. Finally, if they die before they are redeemed, they must be buried, because no one can derive benefit from their meat.

ואין עושין תמורה – [and you don’t make an exchange of one sacrificial animal for another] even prior to their redemption. [An animal] that is good initially one can make an exchange of one sacrificial animal for another, and even I it becomes bad after one has sanctified it, but an animal that is initially bad, one does not do an exchange of one sacrificial animal for another.

ואם מתו יפדו – and even though they ae not appropriate other than for dogs and we hold that we don’t redeem Holy Things to feed them to dogs. These are like mere wood and they do not remove the object which is consecrated which is irredeemable.

חוץ מן הבכור והמעשר – and even though their physical blemishes preceded their dedication–sanctification, complete holiness takes effect for all their things, urt they are not fit to be sacrificed, for the All-Merciful assigned the firstborn in the womb, and it makes no difference whether it is pure or whether there is a physical defect, it is holy. He pure animal is offered up, but the one with a physical defect, the Kohen consumes with its defect, and the tithing of cattle is also written concerning it (Leviticus 27:32-33): “[All tithes of the herd or flock – of all that passes under the shepherd’s staff,] every thenty one -shalll be holy to the LOD. He must not look out for good as against bad, [or make substitution for it].” “Good” is an unblemished bull; bad is a bull with a physical defect.

מום עובר קודם לשהקדישו – a passing physical defect is like he lacks it.

פטורים מן הבכורה – as it is written regarding consecrated animals that are disqualified that were redeemed (Deuteronomy 12:15): “ [The unclean and the clean alike may partake of it,] as of the gazelle and the deer.” Just as the gazelle and the deer are exempt from the law appertaining to first-born animals, because it is written (Deuteronomy 15:19): }You shall.consecrate to the LORD your God all male firstlings that are born in your herd and in your flock,” even consecrated animals that are disqualified that were redeemed even if they were born after they were redeemed, they are exemot from the law appertaining to the first-born.

המתנות – the shoulder, the cheeks and the stomach.

וולדן וחלבן – we are speaking of when it became pregnant before its redemption and gave birth after its redemption, as was explained above. If it became pregnant and gave birth after its redemption, its offspring is a deer and a ram. But if it did not give birth prior to its redemption, even if its physical defect preceded its dedication–sanctification, also, its offspring are forbidden.

והשוחטן בחוץ חייב – and even though they are not worthy for the entrance to the Tent of Meeting because they have physical defects, and it is taught in the Mishnah (actually a Baraita, Tractate Yoma 63b and Tractate Temurah 6b): That which is worthy for the entrance to the Tent of Meeting, we are liable for [if slaughtered] outside [the Temple courtyard], and that which is not worthy inside, we are not liable for [if slaughtered] outside, Our Mishnah establishes it as a veiled or withered spot in the eye–cataract and that it is [the opinion of] Rabbi Akiva who stated (see Tractate Zevakhim, Chapter 9, Mishnah 3) that [regarding animals that are blemished], if they have gone up, they should not go down; therefore, for since they are inside, they do not go down, and we are liable for them outside if he slaughtered them prior to their redemption.

ועושין תמורה – prior to their redemption, as it is written (Leviticus 27:10): “[One may not exchange or substitute another for it,] either good for bad, or bad for good; [if one does substitute one animal for another, the thing vowed and its substitute shall both be holy].”

ואם מתו – from their own accord.

יקברו – and we don’t redeem the Holy Things to feed them to the dogs.

בכור שנתערב במאה – Our Mishnah is dealing with a firstling that came into the hand of a Kohen and a physical defect befell it while in the Kohen’s hand and he sold it to an Israelite with its physical defect. For if it had been a firstling in the hand of an Israelite prior to his giving it to the Kohen, why would we exempt all of them from priestly gifts? The Kohen should say to him: “If it is a firstling, all of it is mine, and if it is not a firstling, give me my gifts.” But, if had already come into the hand of the Kohen and he sold it with its physical defect to an Israelite, and it became mixed up with one hundred [unconsecrated animals], we exempt all of them from [being given] as priestly gifts, for each and every [person] can set himself aside and say to the Kohen: “Mine is the firstling, that he Kohen sold” and he is exempt from the gifts, and from the firstling, we don’t give gits for there can be no sanctity that occur to something [already] holy.

A first-born got mixed up with a hundred other animals: If a hundred [and one] persons slaughtered them all, they are all exempt from the gifts. If one person slaughtered them all, only one animal is exempt from the gifts. As we learned in mishnah one, one is exempt from giving the priestly gifts from consecrated animals. This includes even a first-born that has a defect that allows one to slaughter the animal and eat it. The problem presented in our mishnah is that this first born was mixed up with many other non-sacred animals. If each animal was slaughtered by a different person, meaning each animal was owned by a different person, they are all exempt from giving the priestly gifts, because each person can claim that his animal was not the first-born. However, if they all belong to one person, then he must give the priestly gifts from all but one animal, for one animal is surely exempt.

אחד שוחט את כולן פוטרים לו אחד – that it is impossible that the firstiling would not be one of them, and he is able to say, “this is it.”

If a man slaughtered an animal for a priest or a non-Jew, he is exempt from the gifts. An animal owned by a priest or by a non-Jew is exempt from the priestly gifts. If one slaughters an animal owned by a priest or a non-Jew for the priest or non-Jew the animal is exempt.

צריך שירשום – that he should make on it a sign, that everyone will understand that the Kohen or the heathen have a joint-ownership in it.

If he had a share [in the animal] with them, he must indicate this by some sign. If a person jointly owned an animal with a non-Jew or priest, the animal is still exempt from the priestly gifts. However, in order that people should know why gifts are not being given from this animal, he must make a sign on the animal that it is jointly owned by someone who is exempt.

ואם אמר לו – if the Kohen told the Israelite: “I am selling you this cow, except for the [priestly] gifts that are within it.

If he said, “Except the gifts” he is exempt from giving the gifts. The next few sections deal with sales of animals. If a priest sells an animal to a non-priest and he says that he is selling the animal but not the gifts, (the shoulder, cheeks and stomach), then the Israelite does not need to pay the value of these parts of the animal because they were never his.

פטור – the Israelite [is exempt] from giving the [priestly] gifts.

If he said, “Sell me the entrails of a cow” and among them were the gifts, he must give them to a priest and [the seller] does not need to reduce the price. If a person tells a butcher to sell him the entrails of an animal, and among the entrails are gifts that must be given to the priest, the purchaser must give them to the priest and the seller need not reduce the price. This is because the purchaser knew that he was not going to get to keep all of that which he bought. In other words, it was already reckoned into the price.

אמר לו – An Israelite [said] to his fellow, a slaughterer: “See me the intestines of this cow.

But if he bought them from him by weight, he must give them to a priest, and [the seller] must reduce the price. However, if he buys by weight, then he is anticipating that all that he buys will be his. In this case, if the seller gives the buyer priestly gifts, he must reduce the price.

והיו בהן מתנות -, the stomach, which is one of the [priestly] gifts.

נותנו – takes this to the Kohen.

ואין המוכר מנכה לו מן הדמים – for the purchaser knows that the [priestly] gifts are there, and this one did not sell him the stomach.

לקח הימנו במשקל – So many Litra (pounds)., and he weighed for him the stomach and the purchaser gave it to the Kohen, for it was something stolen with him and he needed to return it, and the butcher would deduct for him from the monies, for he sold a thing that is not his. But if the ritual slaughterer sinned and did not give the [priestly] gifts from the animal,the eat is not forbidden for eating. But we excommunicate him. For even a Kohen who is exempt from the [priestly] gifts, if he is a butcher, that slaughters and sells it in the marketplace, we wait for him two or three weeks, and from then onwards, we remove from it the [priestly] gifts and give them to other Kohanim. But if he established a butcher house, we don’t wait for him, but rather remove it from him immediately bbut if he did not want to give them, we excommunicate him.

מן הפרק של ארכובה (from the joint of the knee to the shoulder-blade of the forefoot) – which is sold with the head.

A convert who converted and owned a cow: If he slaughtered it before he converted, he is exempt from giving the gifts. If [he slaughtered it] after he converted, he is liable. If there was a doubt about it, he is exempt, for the burden of proof lies upon the claimant. If the convert was not yet Jewish before his cow was slaughtered, he is exempt from the gifts. If, however, he converted and then slaughtered the cow, he must give the gifts. We can see that the critical time is when the animal was slaughtered. If there is a doubt whether the conversion occurred before the animal was slaughtered, then the priest must prove that the owner was Jewish before the slaughtering in order to be able to claim his gifts. This is based on the common legal principle that the burden of the proof is on the claimant.

עד כף של יד (until the palm of the hand) – a wide bone of the shoulder that we call ASPALDONE. And they are two bones. The middle bone which is from the joint of the knee to the shoulder blade of the forefoot which is sold with the head until the place that is opposite in the known camel. And the upper bone that is attached to the body. And the right foreleg alone is what they give to the Kohen, as it is written (Deuteronomy 18:3): “[he] must give the shoulder, [the cheeks and the stomach] to the priest,”ץ the dexterous part of the forearm.

What is ‘the shoulder’? From the joint up to the shoulder-socket of the forelimb, and this is the same for the nazirite. The end of chapter ten is concerned with identifying exactly what part of the animal constitutes the shoulder and cheeks. The mishnah does not discuss the identification of the stomach, perhaps because it is clear what constitutes the stomach. The shoulder is defined as the entire front right leg, except for the foot. The joint refers to the ankle. This is the same shoulder as referred to in connection with the Nazirite in Numbers 6:19, “And the priest shall take the cooked shoulder.”

והוא של נזיר – meaning to say, and similarly (Numbers 6:19): “[The priest shall take] the shoulder [of the ram] when it has been boiled,” that is mentioned regarding the Nazir, such is taken

The corresponding part of the hind leg is called the thigh. Rabbi Judah says: the thigh extends from the joint up to the fleshy part of the leg. The same part of the hind leg is given to the priest from the shelamim offering. See above, mishnah one. Rabbi Judah says that the “thigh” referred to in the Torah is really what we would call the lower leg. It does not include from the knee and upwards.

וכנגדו ברגל שוק – that is stated regarding the offering of well-being–peace offering – these are two bones from the joint of the knee to the shoulder blade of the forefoot until the thickest part of the flank (i.e., the thigh, hip) which is all of the thigh.

What counts as ‘the cheek? From the joint of the jaw to the last protrusion of the windpipe. The “cheeks” go from the lower cheeks until the first joint of the windpipe.

סובך של רגל (the fleshy part of the leg–calf) – that is the joint that is between the thigh-bone and the middle bone. But the Halakha is not according to Rabbi Yehuda.

הפרק של לחי – near the temples and cuts it towards downward.

עד פיקח של גרגרת (protruding thyroid cartilage) – until the thyroid cartilage–Adam’s Apple which is the upper ring and the opening of the windpipe which is the lower jaw with the tongue. Another explanation: thyroid cartrilage is a large ring of the windpipe that is made round like a protruding cartilage, and the protruding cartilage is round like a ball and within it is a hole hat the women insert in the spindle to make it heavy when they spin with it.