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Mishnah Bikkurim

Mishnah

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Chapter 1

1 There are some who bring bikkurim and recite the declaration; others who only bring, but do not recite; and there are some who neither bring nor recite. The following are those who do not bring: one who plants a vine on his own property, but buries a shoot in the ground so that it grows on property belonging to another individual or to the public. And similarly if one buries a shoot in the ground from another person’s private property or in public property, so that it grows on his own property; or, if one plants a vine on his own property and buries it in the ground so that it still grows on his own property, but there is a private or public road between, such a one does not bring bikkurim. Rabbi Judah says: such a one has to bring bikkurim.

2 For what reason may he not bring them? Because it is said, “The firstfruits of your land”Exodus 23:19, until all of their growth is on your land. Sharecroppers, tenant farmers, occupiers of confiscated property, sikarikon, or a robber do not bring them for the same reason, because it says, “The firstfruits of your land.”

3 Bikkurim are brought only from the seven species. Not from dates grown on hills, nor from the other species grown in the valley, nor from olives that are not choice. Bikkurim are not to be brought before Shavuot. The people from Mount Zevoim brought bikkurim prior to Atzeret, Shavuot, but they did not accept them, for it is written in the Torah: “And the festival of the harvest, the firstfruits of your labors, which you have sown in the field”Exodus 23:16.

4 These bring bikkurim but do not recite the declaration: the convert, since he cannot say: “Which the Lord has sworn to our fathers, to give to us”Deuteronomy 26:3. If his mother was an Israelite, then he brings bikkurim and recites. When he prays privately, he says: “God of the fathers of Israel,” but when he is in the synagogue, he should say: “The God of your fathers.” But if his mother was an Israelite, he says: “The God of our fathers.”

5 Rabbi Eliezer ben Yaakov says: a woman who is a daughter of a convert may not marry a priest unless her mother was herself an Israelite. This law applies equally to the offspring whether of proselytes or freed slaves, even to ten generations, unless their mother is an Israelite. A guardian, an agent, a slave, a woman, one of doubtful sex, or an androgynos bring the bikkurim, but do not recite, since they cannot say: “Which you, Lord, have given to me”Deuteronomy 26:10.

6 One who buys two trees that had grown in property belonging to his fellow brings bikkurim but does not recite the declaration. Rabbi Meir says: he brings and recites. If the well dried up, or the tree was cut down, he brings but does not recite. Rabbi Judah says: he brings and recites. From Atzeret, Shavuot, until the Festival of Sukkot, he brings and recites. From the Festival of Sukkot until Hanukkah he brings, but does not recite. Rabbi Judah ben Batera says: he brings and recites.

7 If one set aside his bikkurim and afterward sold his field, he brings but does not recite. The second one who bought the field does not bring bikkurim of the same species, but of another species he brings and recites. Rabbi Judah says: he may also bring of the same kind and recite.

8 If one set aside his bikkurim and they were robbed, or rotted, were stolen or lost, or became unclean, he must bring others in their place, but does not recite the declaration. These others are not subject to the law of the added fifth. If they become unclean while in the Temple Court, he must scatter them and he does not recite.

9 From where do we know that one is responsible for his bikkurim until he brings them to the Temple Mount? Because it says: “The first of the firstfruits of your land you shall bring into the house of the Lord your God”Exodus 23:19. This teaches that he is responsible until he brings them to the Temple Mount. If he brought bikkurim of one kind and made the recital and then brought of another kind, he does not make a second recital.

10 These bring and recite: one who brings bikkurim from Atzeret until the Festival of Sukkot, from the seven species, from fruit grown on the mountains, or dates grown in the valleys, from oil-olives, and from produce from the other side of the Jordan. Rabbi Yose the Galilean says: one does not bring bikkurim from the Transjordan, since that is not a land flowing with milk and honey.

11 One who buys three trees in another’s field brings bikkurim and recites. Rabbi Meir says: even if he bought only two. If he bought one tree with its land, he brings bikkurim and recites. Rabbi Judah says: even sharecroppers and tenant farmers bring and recite.

Chapter 2

1 Regarding terumah and bikkurim: one is liable to death and the additional fifth; they are forbidden to non-priests; they are the property of the priest; they are neutralized in a hundred and one parts; and they require the washing of hands and the setting of the sun. These laws apply only to terumah and bikkurim, but not to tithe.

2 There are laws which apply to second tithe and bikkurim but not to terumah: second tithe and bikkurim must be brought to the appointed place; they require confession; they are forbidden to an onen, but Rabbi Shimon permits bikkurim to an onen; they are subject to the law of removal, but Rabbi Shimon exempts bikkurim from removal. In Jerusalem the slightest mixture of them with hullin of the same species renders it forbidden to be consumed as common food outside of Jerusalem. And what grows from them in Jerusalem is forbidden to be consumed outside of Jerusalem, even by non-priests or by cattle, but Rabbi Shimon permits. These are the laws which apply to second tithe and bikkurim, but not to terumah.

3 There are laws which apply to terumah and maaser sheni but not to bikkurim: terumah and the second tithe render forbidden the contents of the threshing floor; they have a set amount; they apply to all produce, both during and after Temple times; and they apply to produce grown by sharecroppers, tenant farmers, occupiers of confiscated property, sikarikon, or a robber. These are the laws which apply to terumah and maaser sheni, but not to bikkurim.

4 And there are laws which apply to bikkurim which do not apply to terumah or maaser sheni: bikkurim can be acquired while still attached to the soil; a man may make his entire field bikkurim; he is responsible for them; and they require a sacrifice, a song, waving and spending the night in Jerusalem.

5 The terumah of tithe is like bikkurim in two ways, and like terumah in two other ways: it may be taken from pure produce for impure produce, and from produce that is not in close proximity, like bikkurim. And it renders the contents of the threshing floor forbidden, and it has a prescribed amount, like terumah.

6 An etrog is similar in three ways to the fruit of an ordinary tree, and in one way to a vegetable. It is similar to a tree in respect of orlah, fourth year plantings, and the law of the seventh year; and it is similar to a vegetable in one thing: that its tithing goes according to the time it is harvested, the words of Rabban Gamaliel. Rabbi Eliezer says: it is similar to a tree in all ways.

7 The blood of those who walk on two legs is like the blood of beasts in that it renders seeds susceptible to impurity. And it is like the blood of a sheretz, in that one is not liable for eating it.

8 A koy is in some ways like a wild animal, hayyah; in some ways it is like a domesticated animal, behemah; in some ways it is like both a behemah and a hayyah, and in some ways it is like neither a behemah nor a hayyah.

9 How is it like a wild animal? Its blood must be covered like the blood of a wild animal. It may not be slaughtered on a festival. If he slaughtered it, he should not cover its blood. Its fat is impure like that of a wild animal, but its impurity is of doubtful status. One does not redeem with it the firstborn of a donkey.

10 And how is the koy similar to a behemah, a domesticated beast? Its fat, helev, is prohibited like the fat of a behemah, but one who eats it is not liable for karet. It may not be bought with the money from second tithe to be eaten in Jerusalem. It is subject to the priest’s share of the shoulder, the two cheeks and the maw. Rabbi Eliezer exempts it because the burden of proof is on the one who extracts from his neighbor.

11 And how is a koy neither like a behemah nor like a hayyah? It is forbidden because of kilayim to yoke it with either a behemah or a hayyah. One who deeds to his son his behemah and his hayyah has not thereby given him the koy. If one says, “I will become a nazirite if this is not a hayyah or a behemah,” he is a nazirite. In all other ways it is like a behemah and a hayyah: it requires slaughtering, shehitah, like them both; it carries carrion impurity; and to it applies the law relating to a limb of a living being like them both.

Chapter 3

1 How does one set aside bikkurim? A man goes down into his field, he sees a fig that ripened, or a cluster of grapes that ripened, or a pomegranate that ripened, and he ties a reed rope around it and says: “Let these be bikkurim.” Rabbi Shimon says: even so, he must again designate them as bikkurim after they have been plucked from the soil.

2 How were the bikkurim taken up to Jerusalem? All the inhabitants of the cities of the maamad would assemble in the city of the maamad, and they would spend the night in the open street and they would not enter any of the houses. Early in the morning the officer would say: “Let us arise and go up to Zion, into the house of the Lord our God”Jeremiah 31:5.

3 Those who lived near Jerusalem would bring fresh figs and grapes, while those who lived far away would bring dried figs and raisins. An ox would go in front of them, its horns overlaid with gold and with an olive crown on its head. The flute would play before them until they would draw close to Jerusalem. When they drew close to Jerusalem they would send messengers in advance, and they would adorn their bikkurim. The governors and chiefs and treasurers of the Temple would go out to greet them, and the rank of those who went out depended on the rank of the entrants. All the skilled artisans of Jerusalem would stand up before them and greet them saying, “Our brothers, men of such and such a place, we welcome you in peace.”

4 The flute would play before them, until they reached the Temple Mount. When they reached the Temple Mount even King Agrippa would take the basket and place it on his shoulder and walk as far as the Temple Court. When he got to the Temple Court, the Levites would sing the song: “I will extol You, Lord, for You have raised me up, and You have not let my enemies rejoice over me”Psalms 30:2.

5 The birds tied to the basket were offered as whole burnt offerings, and those that they held in their hands they gave to the priests.

6 While the basket was still on his shoulder he recites from “I acknowledge this day before the Lord your God that I have entered the land that the Lord swore to our fathers to assign us”Deuteronomy 26:3 until he completes the passage. Rabbi Judah said: until he reaches “My father was a fugitive Aramean”Deuteronomy 26:5. When he reaches “My father was a fugitive Aramean,” he takes the basket off his shoulder and holds it by its edges, and the priest places his hand beneath it and waves it. He then recites from “My father was a fugitive Aramean” until he completes the entire passage. He then deposits the basket by the side of the altar, bows and departs.

7 Originally all who knew how to recite would recite, while for those who did not know how to recite, others would read it for them and they would repeat the words. But when they refrained from bringing, they decreed that they should read the words to both those who could and those who could not recite so that they could repeat after them.

8 The rich would bring their bikkurim in baskets overlaid with silver or gold, while the poor used wicker baskets of peeled willow branches, and the baskets and the bikkurim were given to the priest.

9 Rabbi Shimon ben Nanas says: they would decorate the bikkurim with produce other than the seven species. But Rabbi Akiva says: they may decorate only with produce of the seven kinds.

10 Rabbi Shimon says: there are three elements in bikkurim: the bikkurim, the additions to the bikkurim, and the ornamentations of the bikkurim. The additions to the bikkurim must be of a like kind, but the ornamentations can be of a different kind. The additions to the bikkurim can only be eaten in purity, and are exempt from demai. But the ornamentations of the bikkurim are subject to demai.

11 When did they say that the additions to the bikkurim are like bikkurim themselves? When they come from the land of Israel; but if they do not come from the land, they were not regarded as bikkurim themselves.

12 In what respect did they say that bikkurim are the property of the priest? In that he can purchase with bikkurim slaves and land and unclean beasts, and a creditor of his may take them for his debt, and his wife for her ketubah. As may be done with a Torah scroll. Rabbi Judah says: bikkurim may be given only to a priest who is a haver, an associate, and as a favor. But the sages say: they are given to the men of the mishmar, and they divide them among themselves as they do with all other consecrated objects.

Chapter 4

1 The androgynos is in some ways like men, and in other ways like women. In other ways he is like men and women, and in others he is like neither men nor women.

2 In what ways is he like men? He causes impurity with white discharge, like men; he dresses like men; he can take a wife but not be taken as a wife, like men. When he is born his mother counts the blood of purification, like men; he may not be secluded with women, like men. He is not maintained with the daughters, like men; he transgresses the laws of “You shall not round”Leviticus 19:27 and “You shall not defile for the dead”Leviticus 21:1, like men; and he must perform all the commandments of the Torah, like men.

3 And in what ways is he like women? He causes impurity with red discharge, like women; and he must not be secluded with men, like women; and he doesn’t make his brother’s wife liable for yibbum, levirate marriage; and he does not share in the inheritance with the sons, like women; and he cannot eat most holy sacrifices, like women. At his birth his mother counts the blood of her impurity like they do when they give birth to a girl; and he is disqualified from being a witness, like women. If he had illicit intercourse, he is disqualified from eating terumah, like women.

4 In what ways is he like both men and women? One who strikes him or curses him is liable, as in the case of men and women; one who unwittingly kills him must go into exile, and if on purpose, then the slayer receives the death penalty, as in the case of men and women. His mother must at his birth bring an offering, as in the case of men and women. He may eat holy things that are eaten outside of the Temple; and he may inherit any inheritance, as in the case of men and women.

5 And in what is he different from both men and women? One does not burn terumah if it came into contact with his discharge, nor is he liable for entering the Temple while impure, unlike men or women. He must not be sold as a Hebrew slave, unlike men or women. He cannot be evaluated, unlike men or women. If one says: “I will be a nazirite, if he is neither a man nor a woman,” then he becomes a nazirite. Rabbi Yose says: the androgynos is a unique creature, and the sages could not decide about him. But this is not so with a tumtum, one of doubtful sex, for sometimes he is a man and sometimes he is a woman.

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