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Blemished Bechor

Bechorot (2:2) | Yisrael Bankier | a day ago

A korban that has a mum (blemish) cannot be used as a korban. We have learnt that once it develops a permanent mum, the animal must be redeemed and a replacement animal purchased with the proceeds.

The Mishnah (2:2-3) however explains that there is a difference whether the animal developed a mum after having been set aside for a korban or whether it had a mum at the time it was consecrated. In the first case, the animal has what is called kedushat ha'guf -- the animal itself was a korban. That been the case, despite developing a mum and being redeemed, it is not treated like a normal animal and the Mishnah lists various laws and restrictions that continue to apply to it. If however, the animal had a mum prior to it being consecrated, then it only had kedushat damim -- only the value of the animal has sanctity. It would be similar to setting aside any other object with the intent that one will sell it and use its value for a korban. That being the case, once it is redeemed, it is treated like a regular animal. The exception to this distinction is the bechor and maaser. In other words, even if they had a mum from the outset, they have kedushat ha'guf. We shall try to understand why.

Rashi (14a) explains that for a bechor, it becomes a bechor from when it was born. This is not just a question of timing. Rashi in Chulin (130a) notes that the blemish that the animal was born with did indeed precede the kedushat bechor. Nevertheless, Rashi explains that the kedushah of the bechor is conditioned on the rechem -- it being born -- whether or not it has a mum. After that, if it is unblemished, it is offered as a korban, and if it is not, it is consumed.

When it comes to maaser beheima, Rashi explains that the Torah teaches, "do not check between good or bad", implying that whether or not it has a mum, if it is the tenth animal, it becomes maaser. It would seem then, that the reason why bechor and maaser are different is because there is a special exception made by the Torah, a gezeirat ha'katuv, that they attain kedushat ha'guf, even if the mum preceded that hekdesh.

Rabbeinu Gershom however explains that the reason why bechor and maaser are different is because the kedusha comes on its own. Implying that when it comes to other korbanot, the kedusha is a result a person consecrating that animal for a korban.

The Mishnat R' Aharon (Kodshim, Sugyot 12:6) explains that there is a difference between bechor and other korbanot. When setting aside an animal for a korban, that animal attains kedushah -- kedushat ha'guf -- because the animal can be used as a korban. That is the only way a person can inject kedushat ha'guf by declaration. If it cannot be offered, if it has a mum, then it cannot attain the kedushat ha'guf. Suitability for korban comes first; kedusha is second. For a bechor however, it is the opposite. The kedusha comes because the animal is a bechor. The requirement to offer it is a korban stems from that kedushat bechor. In other words, the kedusha of a bechor starts because it is a bechor and whether it can be offered as a korban is a technical question to be dealt with after that. The same holds true for maaser behema. The kedusah of maaser behema stems from the mitzvah of marking every tenth newborn animal. That is what gives it the kedusha. Whether it is suitable to be offered as a korban is a separate question.

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