Bechoros 36b
בכורות ל״ו ע״ב
Bekhorot 36b
Learn Bechoros 36b step by step: Aramaic beside English, every question, answer and proof colour-coded.
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Topic
Who is believed about blemishes on a בכור and on מעשר, and when three ordinary people may permit a blemished בכור.
Overview
This amud deals with who is believed about blemishes on holy animals. First the גמרא finishes testing רב's rule that a כהן is believed when he says a ישראל gave him a בכור that was already blemished. It tries to prove the rule from a משנה about a שליח buying produce, but the proof is turned away. רבי ירמיה בר אבא then says the tradition got changed along the way: really it is the ישראל who is believed. The הלכה follows even the first, more lenient version, and the story of רפרם shows that one brazen כהן does not make all כהנים suspect. רב אשי rules that a בכור born with an obvious blemish may be examined even without a כהן present. A new משנה says that anyone, even the owner, is believed about blemishes on a מעשר animal, because he could have blemished his whole flock beforehand. Another משנה lets three ordinary people permit a בכור with an obvious blemish, while רבי יוסי requires an expert. The גמרא limits this to obvious blemishes and to a place with no expert, and begins discussing רב חייא בר עמרם's parallel rule about undoing a נדר. That discussion continues on the next amud.
Opening lines
דְּאִית לֵיהּ לְאִשְׁתְּמוֹטֵי.
since he has a way to slip out of it.
סֵיפָא וַדַּאי מְסַיְּיעָא לֵיהּ:
The latter clause certainly supports him:
מֵאִישׁ פְּלוֹנִי — הֲרֵי זֶה נֶאֱמָן.
'From so-and-so' — this one is believed.
הָתָם, כֵּיוָן דְּאִית לֵיהּ תּוֹבֵעַ, מִירְתַת.
There, since he has a claimant, he is afraid.
The steps (29)
- RejectionThe agent can easily wriggle out
- ProofThe second half of the משנה seems to support רב
- RejectionThere, someone may come to check
- StatementThe tradition was passed on wrong: the ישראל is the one believed
- ChallengeWhy would we need to say a ישראל is believed?
- ResolutionThe animal was young and then grew up
- ConclusionHow סורא and פומבדיתא taught it, and the final ruling
- StatementThe story of רפרם and the dishonest כהן
- ConclusionOne bold liar does not make all כהנים suspect
- Statementרב אשי: an inborn, obvious blemish raises no worry
- Challengeרבינא: רב יהודה requires a כהן to be present
- Resolutionרב אשי: רב יהודה's worry is stealing from the כהן
- ResolutionHere the owner came only out of respect, so he can be trusted
- StatementEveryone is trusted about blemishes on a tithe animal
- QuestionWhy is the owner trusted?
- ResponseHe could have blemished it from the start
- ChallengeNobody knows which animal will come out tenth
- ResolutionHe could have blemished his whole flock
- StatementObvious blemishes on a בכור: three ordinary people are enough
- Statementרבי יוסי: only an expert may permit it
- StatementThree synagogue members may permit a בכור outside ארץ ישראל
- Statementרבא limits the rule to obvious blemishes
- ChallengeWhy does רבא need to say this if the משנה already says it?
- ResolutionWithout רבא, we might think the משנה allows even unclear blemishes
- StatementThree people may permit a בכור where there is no expert
- ChallengeWhy does רב יהודה need to say this if the משנה already says it?
- Resolutionרב יהודה limits the rule to a place with no expert
- StatementThree may permit a firstborn or undo a vow when no expert is present
- QuestionThe גמרא quotes the firstborn half again to examine it