Bechoros 28b

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Bekhorot 28b

Learn Bechoros 28b step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Mistaken rulings: רבי מאיר's penalty, eye blemishes after death, and when an erring judge or examiner must pay

Overview

This amud moves through several connected topics about mistaken rulings. First, the גמרא shows from the wording of the משנה that רבי מאיר forbids a בכור slaughtered without an expert as a קנס, a penalty. It then asks whether all eye blemishes change after death, and proves from רבי יאשיה's words that only some do. Next it shows that the unnamed משנה about a non-expert's ruling can fit everyone's view. A ברייתא sets his payment at a quarter for a small animal and half for a large one, and the גמרא explains why. A new משנה teaches that a judge who rules wrongly pays from his own money unless he is a מומחה לבית דין. The גמרא explains that this is a case where the judge caused the loss directly with his own hands, so it does not depend on רבי מאיר's view of דינא דגרמי. Then comes the story of רבי טרפון's mistaken ruling about a cow whose womb was removed, and רבי עקיבא's two reasons why he does not pay. The amud ends as a new משנה begins about a paid examiner of firstborn animals.

Opening lines

The steps (24)

1. ProofThe wording of the משנה shows רבי מאיר is imposing a penalty
2. QuestionDo all eye blemishes change after death, or only some?
3. QuestionWhat practical difference does the question make?
4. ResponseThe difference: whether we can believe witnesses
5. Proofרבי יאשיה's words show that only some eye blemishes change
6. QuestionDoes the unattributed משנה follow only רבי מאיר?
7. RejectionMaybe the משנה is about eye films, where everyone agrees
8. StatementHow much the non-expert pays
9. QuestionWhy the difference between small and large animals?
10. Responseרב פפא: a large loss compared to a small loss
11. ChallengeThen he should pay the actual loss
12. ResolutionThe small-animal payment was lowered because of the decree on raising small livestock
13. StatementA judge who rules wrongly pays, unless he is a court-approved expert
14. ChallengeDoes the משנה follow only רבי מאיר?
15. ResolutionThe judge handed it over with his own hand
16. ChallengeHow can wrongly exempting someone be done by hand?
17. ResolutionHe took back the security item
18. ResolutionDirect acts in the purity cases
19. StatementThe story of רבי טרפון and the cow
20. StatementThe doctor's report from Alexandria
21. Statementרבי טרפון fears he must pay, and רבי עקיבא exempts him
22. ChallengeWhy not say the ruling was simply cancelled?
23. Resolutionרבי עקיבא gave two reasons
24. StatementA paid examiner of firstborn animals must be an expert