Commentary for Bekhorot 3:27

והנותן לו בקבלה אף על פי שאינו רשאי קונסים אותו עד עשרה בדמיו ונותן כל דמיו לכהן

because the animal is maimed and therefore an embryo also being incapable of work is on a par with a maimed [animal]? Or is the reason perhaps because a maimed [animal] is not a frequent occurrence,<span class="x" onmousemove="('comment',' And therefore we do not fear that if this is permitted, one would sell an ordinary animal to a heathen.');">²²</span> but a case of an embryo, being a frequent occurrence,<span class="x" onmousemove="('comment',' Because after its birth it is fit for work, and therefore if we allow it to be sold as an embryo, we may think that it is also permissible to sell an ordinary animal to a heathen.');">²³</span> is unlike the case of a maimed [animal]? - Come and hear: OR WHO SELLS AN EMBRYO TO HIM ALTHOUGH HE IS NOT PERMITTED; and R'Judah does not contest this!<span class="x" onmousemove="('comment',' And we are dealing with the case of an embryo and the Mishnah says ALTHOUGH HE IS NOT PERMITTED. Hence from the silence of R. Judah we may infer that the selling of an embryo to a heathen is forbidden according to every authority.');">²⁴</span> - But, according to your argument [in the cases mentioned in the Mishnah] OR WHO FORMS A PARTNERSHIP OR WHO RECEIVES FROM HIM OR WHO GIVES HIM, where [the Mishnah] does not expressly state that R'Judah differs, is it really the fact that he does not differ?<span class="x" onmousemove="('comment',' R. Judah differs from the Mishnah, as we have seen, with reference to a partnership with a heathen, and he also differs as stated later in the cases where an Israelite undertakes to look after a heathen's animal where a heathen looks after an Israelite's animal.');">²⁵</span> You must admit that he does differ without [the Mishnah] saying so; similarly here<span class="x" onmousemove="('comment',' Where an Israelite sells an embryo to a heathen.');">²⁶</span> also he differs without the Mishnah saying so. Come and hear: R'Judah says: If one received an animal from a heathen to look after<span class="x" onmousemove="('comment',' To share half the offspring between the Israelite and the heathen.');">²⁷</span> and it gave birth [to a firstling] we settle [with the gentile partner] for what it is worth and half of its value is given priest.<span class="x" onmousemove="('comment',' The animal, however, is not consecrated for sacrifice on the altar, since half of it belongs to a heathen.');">²⁸</span> Or if [an Israelite] gives [an animal] to him [a heathen] to look after, although he is not permitted.<span class="x" onmousemove="('comment',' To sell an animal to a heathen.');">²⁹</span> we punish him by compelling him to redeem the animal<span class="x" onmousemove="('comment',' From the possession of the heathen.');">³⁰</span> even up to ten times its value and he gives its whole value to the priest.

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