Mishnah Bekhorot

1 An Israelite who buys a fetus of a donkey belonging to a non-Jew or who sells one to him, although this is not permitted, or who forms a partnership with him, or who receives an animal from him to look after or who gives his donkey to him to look after, is exempt from the law of the bekhor, for it says, “I sanctified to me all the firstborn in Israel,”Numbers 3:13 but not in non-Jews. Priests and Levites are exempt through an argument made by a kal vehomer. if they exempted the firstborn belonging to the Israelites in the wilderness, it follows all the more so that they should exempt their own.

2 If a cow gave birth to a species of donkey, or a donkey gave birth to a species of horse, it is exempt from the law of the firstborn, for it says, “the firstborn of a donkey,” “the firstborn of a donkey,” twice to teach that the law of the firstborn does not apply until that which gives birth is a donkey and that which is born is a donkey. And what is the law with regard to eating them? If a clean animal gave birth to a species of unclean animal, it is permitted to be eaten. But if an unclean animal gave birth to a species of a clean animal, it is forbidden to be eaten, for that which comes out of the unclean is unclean and that which comes out of the clean is clean. If an unclean fish swallowed a clean fish, it is permitted to be eaten. But if a clean fish has swallowed an unclean fish, the latter is forbidden to be eaten, because it is not the clean fish’s growth.

3 If a donkey that had never before given birth gave birth to two males, he gives one lamb to the priest. If it gave birth to a male and a female, he sets aside one lamb which he keeps for himself. If two donkeys that had never before given birth gave birth to two males, he gives two lambs to the priest. If they gave birth to a male and a female or two males and a female, he gives one lamb to the priest. If they gave birth to two females and a male or to two males and two females the priest receives nothing.

4 If one donkey had given birth before and one had not given birth before and they gave birth to two males, he gives one lamb to the priest. If they gave birth to a male and a female, he sets aside one lamb which he keeps for himself. For it says, “And the firstborn of a donkey you shall redeem with a lamb”Exodus 34:20, the lamb can come either from the sheep or the goats, male or female, large or small, unblemished or blemished. He can redeem with the same lamb many times. And the lamb enters the pen to be tithed. If it dies before he gives it to the priest, he can benefit from it.

5 We do not redeem with a calf, a wild animal, a slaughtered animal, a terefah, kilayim a mixed breed or a koy. Rabbi Elazar permits redemption with kilayim because it is a lamb. But he forbids with a koy, because its nature is doubtful. If he gave the firstborn of a donkey itself to the priest, the latter may not keep it, until he sets aside a lamb in its place.

6 If one sets aside a lamb for the redemption of the firstborn of a donkey and it died: Rabbi Eliezer says: he is responsible as is the case with the five selas for the redemption of the firstborn. But the sages say: he is not responsible, as is the case with the redemption of the second tithe. Rabbi Joshua and Rabbi Zadok testified about the redemption of the firstborn of a donkey which died that the priest receives nothing in such circumstances. If the firstborn of a donkey died after the lamb for redemption had been set aside: Rabbi Eliezer says: it must be buried, but the lamb may be used. But the sages say: it does not need to be buried and the lamb belongs to the priest.

7 If he does not wish to redeem it, he breaks its neck from behind with a large knife and buries it. The mitzvah of redemption takes priority over the mitzvah of breaking its neck, for it says: “And if you don’t redeem it, you must break its neck”Exodus 13:13. The mitzvah of designation takes priority over the mitzvah of redemption, for it says: “Who has betrothed her to himself, he must let her be redeemed”Exodus 21:8. The mitzvah of yibbum is prior to the mitzvah of halitzah. This was so at first when they intended to carry out the mitzvah. But now that they do not intend to carry out the mitzvah, the rabbis have said: the mitzvah of halitzah takes priority over the mitzvah of yibbum. The mitzvah of redemption of an unclean animal whose value has been dedicated to the Temple falls on the owner. He takes priority over any other man, for it says: “If it is not redeemed, then it must be sold according to your evaluation”Leviticus 27:27.

1 An Israelite who buys a fetus of a cow belonging to a non-Jew or who sells one to him, although this is not permitted, or who forms a partnership with him, or who receives an animal from him to look after or who gives his cow to him to look after, is exempt from the law of the bekhor, for it says, “I sanctified to Me all the firstborn in Israel,”Numbers 3:13 but not in non-Jews. Priests and Levites are subject to the law of the firstborn pure animal. They are not exempt from the law of the firstborn of a clean animal, but only of a firstborn son and the firstborn of a donkey.

2 All consecrated animals whose permanent physical blemish preceded their consecration and were then redeemed are subject to the law of the firstborn 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 firstborn and the tithe of cattle.

3 All consecrated animals whose consecration preceded their permanent blemish, 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 firstborn, 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.

4 If one receives a flock from a non-Jew on “iron terms” their offspring are exempt from the law of the first born. But the offspring of their offspring are liable to the law of the first born. If the Israelite put the offspring in the place of their mothers, then the offspring of the offspring are exempt, but the offspring of the offspring of the offspring are liable. Rabban Shimon ben Gamaliel says: even for ten generations the offspring are exempt from the law of the first born since they are pledged to the non-Jew.

5 If a ewe gave birth to what looked like a kid, or a female goat gave birth to what looked like a lamb, it is exempt from the law of the first born. But if it has some of the signs of its mother it is liable to the law of the first born.

6 If a ewe which never before had given birth bore two males and both heads emerged simultaneously: Rabbi Yose the Galilean says: both belong to the priest for scripture says: “The males shall be the Lord’s”Exodus 13:12. But the sages say: it is impossible, therefore one remains with the Israelite and the other is for the priest. Rabbi Tarfon says: the priest chooses the better one. Rabbi Akiva says: we compromise between them. The second one in the Israelite’s possession is left to pasture until it becomes blemished and the owner is liable for the priest’s gifts. Rabbi Yose exempts him. If one of them died: Rabbi Tarfon says: they divide the living one. Rabbi Akiva says: the burden of proof is on the claimant. If it gave birth to a male and a female, the priest receives nothing in such circumstances.

7 If two ewes which had never previously given birth bore two males, both belong to the priest. If they gave birth to a male and a female, the male belongs to the priest. If they gave birth to two males and a female, one remains with him, and the other belongs to the priest. Rabbi Tarfon says: the priest chooses the better one. Rabbi Akiva says: we compromise between them. The second one in the Israelite’s possession is left to pasture until it becomes blemished and the owner is liable for the priest’s gifts. Rabbi Yose exempts him. If one of them died: Rabbi Tarfon says: they divide the living one. Rabbi Akiva says: the burden of proof is on the claimant. If they gave birth to two females and a male or two males and two females, the priest receives nothing in such circumstances.

8 If one of the ewes had given birth and the other had never previously given birth and they bore two males, one remains with him and the other belongs to the priest. Rabbi Tarfon says: the priest chooses the better one. Rabbi Akiva says: we compromise between them. The second one in the Israelite’s possession is left to pasture until it becomes blemished and the owner is liable for the priest’s gifts. Rabbi Yose exempts him. For Rabbi Yose says: wherever the priest receives an animal in its place, he is exempt from the priestly gifts. Rabbi Meir however makes him liable. If one of them died: Rabbi Tarfon says: they divide the living one. Rabbi Akiva says: the burden of proof is on the claimant. If they gave birth to a male and a female, the priest receives nothing in such circumstances.

9 With regard to an animal that was born through a cesarean section and the first born which came after it: Rabbi Tarfon says: both go out to pasture until blemished and are eaten with their blemishes by the owners. But Rabbi Akiva says: neither of them is a first born. The first because it did not open its mother’s womb, and the second, because another preceded it.

1 If one buys an animal from a non-Jew and it is not known whether it had given birth or had not given birth: Rabbi Ishmael says: that born of a goat in its first year certainly belongs to the priest; after that, it is a questionable case of a firstborn. That born of a ewe two years old certainly belongs to the priest; after that, it is a questionable case of a first born. That born of a cow or a donkey three years old certainly belongs to the priest; after that, it is a questionable case of a first born. Rabbi Akiva said to him: if an animal were exempted from the law of the first born only with the birth of actual offspring, it would be as you say. But they said: the sign of offspring in small cattle is a discharge from the womb. In large cattle, the afterbirth; in a woman, the signs are the fetus and the afterbirth. This is the general rule: Whenever it is known that it had given birth, the priest receives nothing. Whenever it had never given birth, it belongs to the priest. If there is a doubt, it must be eaten after it develops a blemish by the owners. Rabbi Eliezer ben Jacob says: if a large domestic animal has discharged a clot of blood, the clot must be buried, and the mother is exempted from the law of the first born.

2 Rabban Shimon ben Gamaliel says: if one buys a nursing animal from a non-Jew, he need not worry that perhaps the offspring belongs to another animal. If he went among his herd and saw animals which had given birth for the first time nursing and animals which had not given birth for the first time nursing, we need not worry that perhaps the offspring of this one came to the other or perhaps the offspring of the other came to this one.

3 Rabbi Yose ben Meshullam says: one who slaughters the first born, first clears a space with the butcher’s knife on both sides and tears the hair, as long as he does not remove the wool from its place. And similarly one may tear the hair to show the place of the blemish to a sage.

4 If a portion of the hair of a blemished first born fell out and he placed it in the window, and then he slaughtered the animal, Akavya ben Mahalalel allows it. But the sages forbid it, the words of Rabbi Judah. Rabbi Yose said to him: Akavya ben Mahalalel did not allow only in this case, but even in the case where the hair of a blemished first born which fell out and he placed it in the window, and the animal died later, even in this case Akavya ben Mahalalel allows, but the sages forbid. If the wool of a first born is hanging loose, the part that appears on a level with the rest of the wool is permitted, whereas the part that does not appear on a level with the rest of the wool is forbidden.

1 For how long is an Israelite required to take care of a first born? In the case of small cattle, for thirty days, and large cattle, fifty days. Rabbi Yose says: in the case of small cattle, three months. If the priest says to the Israelite during this period “Give it to me,” he must not give it to him. But if the first born was blemished and the priest said to him “Give it to me so that I may eat it,” then it is allowed. And in Temple times, if the first born was in an unblemished state and the priest said to him “Give it to me, and I will offer it up,” it was allowed. A first born is eaten year by year both in an unblemished as well as in a blemished state, for it is said: “You shall eat it before the Lord your God year by year”Deuteronomy 15:20.

2 If a blemish appeared on it in its first year, he is permitted to keep it for all twelve months. If after the twelve months, however, he is not permitted to keep it except for thirty days.

3 If one slaughtered the first born and then showed its blemish to an expert: Rabbi Judah permits. But Rabbi Meir says: since it was not slaughtered by the instructions of the expert, it is forbidden.

4 If one who is not an expert sees a first born and it was slaughtered by his instructions, in such a case it must be buried and he must pay compensation from his own pocket. If a non-expert judge gave a judgment and declared innocent a person who was really liable or made liable a person who was really innocent, declared unclean a thing which was clean or declared clean a thing which was really unclean, his decision stands but he has to pay compensation from his own pocket. If the judge was an expert sanctioned by the court, he is exempt from paying compensation. It happened once that a cow’s womb was removed and Rabbi Tarfon gave it the cow to the dogs to eat. The matter came before the sages at Yavneh and they permitted the animal. Todos the physician said: no cow or pig leaves Alexandria of Egypt before its womb is removed so that it cannot breed. Rabbi Tarfon said: “There goes your donkey, Tarfon.” Rabbi Akiva said to him: you are exempt, for you are an expert and whoever is an expert sanctioned by the court is exempt from paying compensation.

5 If one takes payment for seeing first borns, they must not be slaughtered by his instructions unless he was an expert like Ila in Yavneh whom the sages permitted to accept four isars for small cattle and six isars for large cattle, whether unblemished or blemished.

6 If one takes payment to act as a judge, his judgments are void. If he takes payment to give evidence, his evidence is void. If he takes payment to sprinkle or to sanctify, the waters are considered cave waters and the ashes are considered burned ashes. If he was a priest and he became ritually unclean and could not eat his terumah, he must give him food and drink and rub him with oil. And if he was an old sage, he mounts him on a donkey. He also pays him as he would a worker.

7 If one is suspected in connection with first borns, one must not buy from him even deer’s flesh or unprocessed hides. Rabbi Eliezer says: one may buy female hides from him. One may not buy from him washed or dirty wool, but one may buy spun wool or garments.

8 If one is suspected of ignoring the sabbatical year, one may not buy from him flax, even combed; but spun or woven flax may be bought from him.

9 If one is suspected of selling terumah as hullin, one may not buy even water and salt from him, the words of Rabbi Judah. Rabbi Shimon says: one may not buy from him whatever is connected to terumah and tithes.

10 One who is suspected of ignoring the sabbatical year is not suspected of ignoring also the tithes. One who is suspected of ignoring tithes is not suspected of ignoring also the sabbatical year. One who is suspected of ignoring both is suspected of ignoring the rules of purity. And it is possible for one to be suspected of ignoring the rules of purity and yet not be suspected of ignoring the two laws cited above. This is the general rule: one who is suspected of transgressing something must not give judgment on it or testify about it.

1 All dedicated animals which became unfit for the altar are sold in a market, slaughtered in a market and weighed by the litra, except for a first born or a tithed animal, as their profit goes to the owners, whereas the profit on dedicated objects which became unfit goes to the Temple. One can weigh one piece of meat of the first-born against another piece of ordinary meat.

2 Bet Shammai says: An Israelite must not be invited to share a blemished first born with a priest. But Bet Hillel permits this, even in the case of a non-Jew. If a first born has a blood attack, even if it is going to die, its blood may not be drawn, the words of Rabbi Judah. But the sages say: he may draw its blood, as long as he does not make a blemish. And if he made a blemish, he must not slaughter it on account of this. Rabbi Shimon says: he may draw blood, even though he makes a blemish.

3 If one makes a slit in the ear of a firstborn animal, he may never slaughter it, the words of Rabbi Eliezer. But the sages say: when another blemish appears, he may slaughter it on account of it. It happened that a quaestor a Roman official saw an old male lamb with its long wool hanging down and asked: what is the meaning of this? They replied: “It is a first born and is not to be slaughtered until it has a blemish.” The quaestor took a dagger and slit its ear. The matter came before the sages and they permitted it. After they had permitted it, he went and sliced the ears of other first borns. The sages forbade them. Once children were playing in a field. They tied the tails of sheep one to the other and one tail which belonged to a first born was severed. The matter came before the rabbis and they permitted the first born. When the children saw that they had permitted the first born to be slaughtered, they proceeded to tie the tails of other first borns. The sages forbade the other first borns. This is the rule: wherever the blemish is caused with the knowledge and consent of the owner it is forbidden, but, if it is not with his knowledge and consent, it is permitted.

4 If a first born was running after him and he kicked it and caused a blemish, he may slaughter it on account of this. Any blemish which might have been made by a person, Israelite shepherds are trustworthy whereas shepherds who are priests are not trustworthy. Rabban Shimon ben Gamaliel says: he is trustworthy with regard to somebody else’s first born, but he is not trustworthy with regard to his own. Rabbi Meir says: one who is suspected of neglecting a religious matter must not issue judgment on it or give evidence about it.

5 A priest is trusted to say, “I have shown this first born to an expert and it is blemished.” All are trustworthy with regard to the blemishes of a tithed animal. A first born whose eye was blinded or whose forefoot was cut off, or whose hind leg was broken, may be slaughtered with the approval of three persons of the synagogue. But Rabbi Yose says: even if twenty-three were present, it must not be slaughtered except with the approval of an expert.

6 If one slaughtered a first born and it became known that he had not shown it to an expert: What the purchasers have eaten is already eaten, and he must return the money to them. For what they have not yet eaten, the meat must be buried and he must return the money to them. And likewise if one slaughtered a cow and sold it and it became known that it was terefah: What the purchasers have eaten is already eaten, and he must return the money to them. For what they have not eaten, they return the meat to him and he must return the money to them. If the purchasers sold it to non-Jews or cast it to dogs, they must pay him the price of a terefah.

1 Because of the following blemishes a first-born animal may be slaughtered: If its ear has become defective, from the cartilages inward but not if the defect is in the earflap. If it is slit although there was no loss of substance. If it is perforated with a hole as large as a karshinah. Or if the ear has become dry. What is considered “becoming dry”? If when pierced no drop of blood comes out. Rabbi Yose ben Meshullam says: it is dry when it crumbles when touched.

2 One whose eyelid is pierced, damaged or slit. Or if the eye has a cataract, or a tevalul, halazon snail-shaped, nahash snake-shaped or a berry-shaped growth on the eye, the animal is disqualified. What is a tevalul? The white of the eye breaking through the ring and entering into the black. But if the black breaks through the ring and goes into the white, it is not a disqualifying blemish, because there are no disqualifying blemishes in the white of the eye.

3 Havarvar white spots on the cornea and water constantly dripping from the eye, are disqualifying blemishes. What do we mean by a permanent havarvar? If it remained for a period of eighty days. Rabbi Hanina ben Antigonus says: we must examine it three times in the eighty days. And the following are cases of constant dripping from the eye and how to test its permanency: if it ate for a cure fresh fodder and dry fodder from a field sufficiently watered by rain it is a permanent blemish, if not cured. If it ate fresh fodder and then dry fodder from a field requiring artificial irrigation, or if it ate dry fodder first and then fresh fodder from field watered by rain it is not a blemish unless it eats dry fodder after the fresh.

4 If its nose is perforated, defective, or slit, or its upper lip perforated, defective, or slit these are disqualifying blemishes. If the outer incisors are defective or leveled to the gum or the molars are torn out completely, these are disqualifying blemishes. But Rabbi Hanina ben Antigonus says: we do not examine behind the molars, nor the molars themselves.

5 If the sheath of the penis is defective or the genitals of a female animal in the case of sacrificial offerings it is defective. If the tail is mutilated from the bone but not from the joint. Or if the top end root of the tail is bared to the bone. Or if there is flesh between one joint and another in the tail to the amount of a finger’s width the animal is defective.

6 If a first born has no testicles or if it only has one testicle, it is a blemish. Rabbi Ishmael says: if it has two pouches, then it has two testicles, but if it only has one pouch, then it only has one testicle. Rabbi Akiva says: the animal is placed on its buttocks and he squeezes the pouch. If a testicle is in there, inside the pouch it will eventually come out. It happened that one squeezed it and the testicle did not come out, but when it was slaughtered the testicle was found attached to the loins, and Rabbi Akiva permitted the animal while Rabbi Yohanan ben Nuri prohibited it.

7 If a first born has five legs or if it has only three legs, or if its feet are uncloven like those of a donkey, or if it is a shahul or a kasul these are blemishes. What is a shahul? An animal with a dislocated hip. What is a kasul? An animal one of whose hips is higher than the other.

8 If the bone of the foreleg or of its hind leg is broken, even though it is not noticeable, this is a blemish. These blemishes Ila enumerated in Yavneh and the sages agreed with him. He also added another three cases of blemishes. They said to him: we have only heard these already mentioned previously. The three added by Ila were: one whose eyeball is round like that of a human or whose mouth is like that of a pig or if the greater part of the part of the tongue used for speech has been removed. A subsequent court ruled however, each of these cases is a disqualifying blemish.

9 It happened that the lower jaw of a first born was larger than the upper jaw. Rabban Shimon ben Gamaliel asked the sages for a ruling and they said: this is a blemish. The ear of a kid which was doubled: the sages ruled: if it is all one bone, it is a blemish, but if it is not all one bone, it is not a blemish. Rabbi Hanina ben Gamaliel says: if the tail of a kid is like that of a pig, or if the tail does not possess three vertebrae, this is a blemish.

10 Rabbi Hanina ben Antigonus says: if a first born has a wart in its eye or if a bone of its foreleg or hind leg is defective, or if the bone of the mouth split, or one eye is large and the other small, or one ear is large and the other small, being visibly so and not merely in measurement all of these are blemishes. Rabbi Judah says: if one testicle is as large as two of the other this is a blemish. But the sages didn’t agree with him.

11 If the tail of a calf does not reach the joint, it is a blemish. The sages said: the growth of all calves is in this way, as long as the animals grow, the tails also extend below. To which joint does this refer? Rabbi Hanina ben Antigonus says: the joint in the middle of the hip. Because of these blemishes we may slaughter a firstborn animal, and consecrated animals rendered unfit for the altar because of these blemishes may be redeemed.

12 And because of the following blemishes one may not slaughter a first born either in the Temple or in the rest of the state: White spots on the cornea and water dripping from the eye which are not permanent, Or molars which have been broken but not torn out completely. Or an animal affected with garav, a wart, or hazazit. An old animal or a sick one, an animal with an offensive smell. Or an animal with which a transgression has been committed or an animal which is known to have killed a human being on the testimony of one witness or of the owners. A tumtum or a hermaphrodite cannot be slaughtered, neither in the Temple nor in the rest of the state. Rabbi Ishmael however says: there is no greater blemish than that of a hermaphrodite. But the sages say: it is not considered a first-born and it may be shorn and worked with.

1 These blemishes named above, whether permanent or temporary, make human beings unfit to serve in the Temple. There are additional blemishes in human beings: kilon, liftan, makkaban, one whose head is angular or shekifas. A hunchback: Rabbi Judah considers him fit. Whereas the sages consider him unfit.

2 A bald-headed person is unfit for the priesthood. What is considered bald-headed? One who does not have a line of hair from ear to ear. If he has one, then he is fit. One who has no eyebrows or has only one eyebrow is unfit, this being the gibben mentioned in the Torah. Rabbi Dosa says: one whose eyebrows lie flat overshadowing the eyes. Rabbi Hanina ben Antigonus says: one who has a double back or a double spine.

3 A harum is unfit for the priesthood. What is a harum? One who can paint both of his eyes with one movement. If both of his eyes were above or both of his eyes were below. Or if one eye was above and the other below. Or one who sees the room and the ceiling in one glance. Or one who covers his eyes from the sun. A zugdos and a tziran. One whose eyelashes have fallen off is unfit for the priesthood for the sake of appearance.

4 One whose eyes are as large as a calf’s or as small as those of a goose. Or whose body is unduly large for his limbs, unduly small for his limbs; or whose nose is unduly large for his limbs, or whose nose is unduly small for his limbs; A tzimem and a zimea. What is tzimea? One whose ears are very small. What is tzimem? One whose ears resemble a sponge.

5 If the upper lip overlaps the lower or the lower lip overlaps the upper, this is a blemish. One whose teeth have fallen out is unfit for the priesthood for the sake of appearance. If his breasts hang down like those of a woman, or his belly is swollen, or his navel sticks out, or if he is epileptic, even once every few days, or he is subject to melancholy, a meʿushkan and a baʿal gever all these are unfit for the priesthood. If he has no testicles, or only one testicle, this is the “meroah ashekh” mentioned in the Torah. Rabbi Ishmael says: anyone whose testicles were crushed. Rabbi Akiva says: anyone who has wind in his testicles. Rabbi Hanina ben Antigonus says: one who has a black complexion.

6 If one knocks his ankles against each other, in walking or rubs his legs against each other. A baʿal pikah and an ikkel. What is an ikkel? One whose knees do not touch each other when he puts his feet together. If he has a lump protruding from his thumb, or if his heel projects backward, or if his feet are wide like those of a goose. Or if his fingers lie one above the other. If they are webbed up to the joint, he is fit, if below the root, if he cuts it, he is also fit. If he has an additional finger and he cut it off, if there was a bone in it, he is unfit, but if not, he is fit. If he has additional fingers and additional toes, on each hand and foot six fingers and six toes, making altogether twenty-four fingers and toes: Rabbi Judah declares him fit. But the sages declare him unfit. One who has equal strength in both hands: Rabbi declares him unfit. But the sages declare him fit. A kushi, a gihur, a lavkan, a kippeah, a dwarf, a person who can neither hear nor speak, a mentally incompetent person, one intoxicated, or afflicted with plague marks which are clean. These defects disqualify in human beings but not in animals. Rabban Shimon ben Gamaliel says: a mad animal is not a choice sacrifice. Rabbi Eliezer says: also those with dangling warts are unfit in human beings but are fit in animals.

7 The following are fit in the case of human beings, but unfit in the case of animals: A father with his son, A terefah. One born by means of a cesarean section. One with which a sin has been committed or has killed a person. A priest who contracts an illegal marriage is unfit for the priesthood until he vows not to derive any benefit from the woman. One who makes himself unclean through contact with the dead is unfit, until he undertakes that he will no longer make himself unclean through the dead.

1 There is one who is counted as a firstborn with respect to inheritance but not with respect to redemption from a priest; a firstborn with respect to redemption from a priest but not a firstborn with respect to inheritance; a firstborn with respect to both inheritance and redemption from a priest; and a firstborn in respect to neither inheritance nor redemption from a priest. Which is a firstborn with respect to inheritance but not to redemption from a priest? One which follows one which was not viable whose head emerged alive, or one born in the ninth month whose head came out dead, or when a woman aborts something that looks like an animal, beast or bird, the words of Rabbi Meir. But the sages say: it is not considered an opening of the womb until the abortion has the form of a human being. If a woman aborts a sandal or a placenta or a fetus having an articulated shape, or if an embryo came out by pieces, the infant which follows after them is a first-born with respect to inheritance but not a first-born for redemption from a priest. If one who never had children married a woman who had already given birth, even if she had given birth when she was a slave but is now free, or had given birth when she was a non-Jew but has since converted, if after coming to the Israelite she gave birth, the infant is considered a first-born with respect to inheritance but not a first-born for redemption from a priest. Rabbi Yose the Galilean says: the infant is a firstborn with respect to inheritance and for redemption from a priest, as it says: “Whatever opens the womb in Israel”Exodus 13:2, meaning only if it opens the womb in Israel. If one had children already and married a woman who had never given birth previously. Or if she converted when pregnant, or if she was freed when pregnant, and she gave birth. If she and a priestess gave birth, she and a Levite’s daughter, she and a woman who had already given birth. And similarly if a woman who did not wait three months after her husband’s death, married and gave birth and it is not known if the infant was born in the ninth month since the death of the first husband or in the seventh month since she married the second, it is a firstborn for redemption from a priest but not a first-born with respect to inheritance. Which is a firstborn both in respect of inheritance and for redemption from a priest? If a woman miscarries a sac full of blood or full of water or full of pieces of flesh. Or if a woman miscarries something with the shape of fish or locusts or reptiles, or creeping things, or if she discharges on the fortieth day of conception, the infant which follows after these discharges is a firstborn both in respect of inheritance and for redemption from a priest.

2 A fetus extracted by means of a cesarean section and one that follows it are neither firstborn for inheritance nor firstborn to be redeemed from a priest. Rabbi Shimon says: the first is a first-born for inheritance and the second is a first-born with regard to the redemption with five selas.

3 If a man’s wife had never before given birth and she gave birth to two males, he gives five selas to the priest. If one of them dies within thirty days of birth the father is exempt. If the father dies and the sons survive: Rabbi Meir says: if they gave the five selas before the property was divided up, then what they gave is given. But if not, they are exempt. But Rabbi Judah says: there is a claim on the property. If she gave birth to a male and a female, the priest receives nothing.

4 Two women who had never before given birth gave birth to two males: he the father gives ten selas to the priest. If one of the children dies within thirty days of its birth, if he gave the redemption money to one priest alone, he returns five selas to him, but if he gave it to two priests, he cannot reclaim the money from them. If they gave birth to a male and a female or to two males and a female, he gives five selas to the priest. If they gave birth to two females and a male, or to two males and two females, the priest receives nothing. If one woman had given birth before and the other had never given birth, and they gave birth to two males, he gives five selas to the priest. If one of the children died within thirty days of its birth, the father is exempt. If the father dies and the sons survive: Rabbi Meir says: if they gave the five selas before the property was divided up, then what they gave is given. But if not, they are exempt. But Rabbi Judah says: there is a claim on the property. If they gave birth to a male and a female, the priest receives nothing.

5 If two women who had never before given birth married two men and gave birth to two males, the one father gives five selas to the priest and the other gives five selas to the priest. If one of the children died within thirty days of its birth, if they gave the redemption money to one priest alone, he returns five selas to them, but if they gave the money to two priests, they are not able to recover it from them. If they gave birth to a male and a female, the fathers are exempt, whereas the son must redeem himself as in any case he is a first-born. If they gave birth to two females and a male or to two females and two males, the priest receives nothing.

6 If one woman had given birth before and the other had never before given birth, the two women belonging to two husbands, and they gave birth to two males, the one whose wife had never before given birth gives five selas to the priest. If they gave birth to a male and a female, the priest receives nothing. If the son dies within thirty days although he gave the priest the five selas, he must return them. If he dies after thirty days, although he has not yet given the five selas, he the father must give them. If he dies on the thirtieth day, it is as if he died on the previous day. But Rabbi Akiva says: if he gave the five selas he cannot reclaim them, but if he had not yet given, he need not give. If the father dies within thirty days, the infant is presumed not to have been redeemed until proof is brought that he has been redeemed. If the father dies after thirty days, the infant is presumed to have been redeemed until he the son is told that he was not redeemed. If both he and his son need to be redeemed, the father takes precedence over his son. Rabbi Judah says: his son comes first for the command to redeem him fell on his father, and the command of his son falls on him.

7 The five selas of a first-born are paid in the standard of Tyrian maneh. As for the thirty shekels of a slave and likewise the fifty shekels of the rapist and seducer and the one hundred shekels for one who spreads an evil name, in all these cases the payment is in the holy shekel, in the standard of Tyrian maneh. All of these are redeemed with money or the equivalent of money with the exception of shekel payments.

8 We must not redeem a first-born with slaves, nor with notes of indebtedness, nor with immovable properties, nor with objects of hekdesh. If one gives a written acknowledgment to a priest that he owes him five selas he is required to give them to him, although his son is not considered as redeemed. Therefore, if the priest wishes to give him the note of indebtedness as a gift he is permitted to do so. If one set aside the redemption money of his son and it became lost, he is responsible for it, because it says: “Must be for you but you must redeem”Numbers 18:15.

9 The first-born takes a double share of the father’s estate but he does not take a double share of the mother’s estate. He also does not take a double share of the improvement in the value of the estate, nor from what will fall due to the estate as he does of what is held in possession. Nor can a woman claim with her ketubah from these, nor can daughters claim their support. Nor can a yavam make a claim from these. None of these take from the improvement in the value of the estate, nor of what will fall to the estate as they do of what is now held in possession.

10 The following do not return to their owners in Jubilee year: The share of the first-born, The inheritance of one who inherits his wife’s estate And of one who performs yibbum with his sister-in-law and a present, the words of Rabbi Meir. But the sages say: a present is like a sale. Rabbi Eliezer says: all of these return in the Jubilee. Rabbi Yohanan ben Berokah says: if one inherits his wife’s estate, he returns it to the members of the family and he deducts from the purchase money.

1 The law concerning the tithe of cattle is in force in the Land and outside the Land, in the days when the Temple exists and when it does not exist. It applies to hullin non-sacred animals only but not to consecrated animals. It applies both to cattle and flock animals, but they are not tithed together. To lambs and to goats, and they are tithed together. To the new and the old, but they are not tithed together. One might reason as follows: since new and old animals which are not treated as kilayim in regard to one another are still not tithed together, lambs and goats which are treated as kilayim in regard to one another, should all the more not be tithed together. Scripture therefore states: “And of the flock” all kinds of flock are considered one for purposes of tithing.

2 Animals are combined for purposes of tithing as long as they can still pasture within the distance that cattle wander. And what is the distance over which they wander while pasturing? Sixteen mils. If there was between two groups of animals a distance of thirty-two mils, they do not combine for the purpose of tithing. If however there was one in the middle of the distance of thirty-two mils he brings them into the middle and tithes them. Rabbi Meir says: the river Jordan is regarded as forming a division for the tithing of animals.

3 An animal bought or given as a present is exempt from the law of cattle tithe. If brothers became partners, though they are still required to pay the kalbon surcharge, they are exempt from the tithe of cattle. And when they become liable to tithe of cattle, they are exempt from paying the kalbon. If they acquired from the estate, they are required to tithe them. But if not, they are exempt from tithing. If they first divided up the estate and then again became partners, they are required to pay the kalbon and are exempt from tithe of cattle.

4 All domesticated animals enter the shed to be tithed except kilayim, a terefah, offspring born by means of a cesarean section, an animal too young for sacrifice, and an “orphan.” And what is an “orphan”? When its mother has died during its birth or was slaughtered and subsequently gave birth. But Rabbi Joshua says: even if the mother has been killed, if the hide is still intact the offspring is not an “orphan” animal.

5 There are three periods literally, threshing floors for the tithe of cattle: in the peras of Pesah, in the peras of Atzeret Shavuot and in the peras of the Feast of Sukkot, the words of Rabbi Akiva. Ben Azzai says: on the twenty-ninth of Adar, on the first of Sivan and on the twenty-ninth of Av. Rabbi Eliezer and Rabbi Shimon say: on the first of Nisan, on the first of Sivan and on the twenty-ninth of Elul. And why did they say the twenty-ninth of Elul and not the first of Tishrei? Because it is a Yom Tov and you cannot tithe on a Yom Tov. Consequently they moved it up to the twenty-ninth of Elul. Rabbi Meir says: the first of Elul is the New Year for the tithe of cattle. Ben Azzai says: those born in Elul are tithed by themselves.

6 All those born from the first of Tishrei until the twenty-ninth of Elul combine for matters of tithing. Five lambs born before Rosh Hashanah and five born after Rosh Hashanah do not combine. But five lambs born before the period of tithing and five after the period of tithing do combine for tithing. If so, why did they speak of three periods for the tithe of cattle? Until the arrival of the tithing period it is permitted to sell and slaughter the animals, but when the period has arrived he must not kill, but if he killed, he is exempt.

7 How does one tithe animals? He brings them to a shed and makes for them a small opening so that two cannot go out at the same time. And he counts them with a rod: one, two, three, four, five, six, seven, eight, nine. And the one that comes out tenth he marks with red chalk and he says: “This is the tithe.” If he did not mark it, or if he did not count them with a rod, or if he counted them while they were crouching or standing, they are still considered tithed. If he had one hundred lambs and he took ten or if he had ten and he took one without counting, this is not a valid tithe. Rabbi Yose bar Judah says: this is a valid tithe. If one of the lambs already counted jumped back into the flock in the shed they are all exempt. If one of the lambs that was a tithe jumped back into the flock in the shed, they all go to pasture until they become unfit for sacrifice, and the owners may eat them in their unfit state.

8 If two lambs came out at the same time, he counts them in pairs. If he counted the two as one, the ninth and the tenth are spoiled. If the ninth and the tenth came out at the same time, the ninth and the tenth are spoiled. If he called the ninth the tenth, the tenth the ninth and the eleventh the tenth, all three are holy: the ninth can be eaten when it becomes blemished, the tenth is the tithe and the eleventh is sacrificed as a shelamim, and it can make a substitute, the words of Rabbi Meir. Rabbi Judah said: can one substitute make another substitute? They said in the name of Rabbi Meir: if it were a substitute, it would not have been sacrificed. If he called the ninth the tenth, the tenth the tenth and the eleventh the tenth, the eleventh is not holy. The following is the rule: wherever the name of the tenth animal has not been taken away from it, the eleventh is not consecrated.