This Week's Article

Selling a Blemished Bechor

Bechorot (5:1) | Yisrael Bankier | a day ago

The Mishnah (5:1) teaches that one is allowed to sell korbanot that became blemished in a regular meat market and weight it like regular meat -- it is not treated differently. The exceptions however a bechor or maaser behema. The Mishnah explains that that is because in those two cases, all the benefit from the sale is enjoyed by the owners. We shall try to understand this Mishnah.

The Bartenura explains that for other korbanot, we want to maximise the sale price because all the benefit goes to hekdesh. To explain, the blemished korban must be redeemed, and the funds use to purchase a korban. If the person can sell the korban for a higher price, he will be willing to redeem it for a higher amount, thereby benefitting hekdesh. For a bechor and maaser however, once they develop a mum they can be consumed. The proceeds of the sale bechor go to the kohen, and for maaser it is enjoyed by the owner of the animal. In that case, we prioritise treating these korbanot with respect and not degrade them treating them like regular meat.

The Sefat Emet (Zevachim 75b) understands that Rashi maintains that the prohibition to sell a bechor or maaser in the normal way is rabbinic. The Tosfot (ibid) however maintain that the concern for disgracing kodshim is biblical. The proof is from Gemara Sanhedrin (112b) that discusses ir hanidachat -- a city of idol worship. The Torah teaches that all the contents of the city must be destroyed. The Gemara explains that that does not include a bechor or maaser found in the city. Regarding these korbanot that have a mum, this is because the Torah teaches that "behemtah", it animals, must also be destroyed. The understanding is that only the animals that are treated like regular animals, and can be sold and weighed like normal animal, thereby excluding the bechor and maaser. If the pasuk is excluding these cases, it implies that this law is biblical. If we understand that the law not to degrade kodshim is biblical, we must then understand that built into the law is the exception when it is beneficial to hekdesh, as in the case of the other korbanot.

Interestingly the Yerushalmi (Moed Katan 2:3) cites Rav Ba bar Mamal who said that if he could gather other Rabbanim, he would permit the meat of a bechor to be weighed against regular weights.¹ He explains that the intent when prohibiting its sale in this fashion was that I be sold cheaply. R' Chaim Kaneivsky explains that since it would not be able to be weighed out accurately, it would only be sold at a cheaper rate. Rav Ba bar Mamal continues that that intention was never fulfilled since they would find ways of selling it at a higher price. The Korban HaEidah explains that they would cut the meat in a way that made it appear to be heavier than it true weight.

R' Chaim Kaneivsky explains that it is clear from the Yerushalmi that this law is rabbinic. He notes that that contrasts with the Tosfot cited above that understands that it is biblical. Furthermore, it is different to other Gemaras that imply that it is rabbinic with the intent not to degrade kodshim. Interestingly the Pnei Moshe understands that the aim of selling it cheaply was to ensure that it was not weighed out in degrading manner, aligning the Yerushalmi with those opinions in the Bavli. The Masa DiYerushalmi however understands that the goal of selling them cheaply was to ensure that it was sold as quick as possibly such that it would not spoil thereby avoiding disgracing the kodshim.

¹ The Korban HaEidah notes that normally a later Beit Din cannot override a ruling of an earlier Beit Din unless it is greater in number and wisdom. This case however is different since the original intent of the takana was not being met.

Download

Calendar