Responsa for Bekhorot 52:5
טעמא דתולש הא נתלש שרי
The same ruling applies if it became detached from an unblemished animal, that it is forbidden, and the reason, why [the Baraitha states] 'If one plucks', is to show the length to which Akabya is prepared to go, that in the case of a blemished sacrifice, one is evenly allowed to pluck it.
Teshuvot Maharam
Q. 1. A is a Kohen (of priestly lineage). His enemies, in order to put him to great expense and inconvenience, permitted their cattle to give birth to firstlings while in their possession, and gave the firstlings to A. Such firstlings are holy, must be fed and taken care of, but cannot be put to any use. Are Jews permitted to do so purposely, and can A collect damages from them for the loss he has suffered through them?
A Jew, an ignorant person, intentionally inflicted an injury on one of A's firstlings. Is A permitted to slaughter this firstling?
A's firstling caused damage in a Gentile's garden and was detained by the Gentile without A's knowledge or consent. Must A redeem the firstling? How much ransom must he pay?
A. 1. All these people were guilty of various sins: a) They permitted the birth of a public nuisance. b) They perverted the will of the Lord who intended His 24 gifts to the priesthood to be a boon to them and not a nuisance. c) They have been guilty of despising consecrated objects. d) They derived satisfaction from giving a priests' gift to a particular Kohen. However, A can do nothing about it.
A cannot slaughter the blemished firstling since the person who caused the blemish, though an ignorant person, was nevertheless a Jew.
A must ransom the firstling, but is not obliged to pay more than its market value.
SOURCES: Pr. 78. Cf. Weil, Responsa 127; Isserlein, Pesakim 166.
A Jew, an ignorant person, intentionally inflicted an injury on one of A's firstlings. Is A permitted to slaughter this firstling?
A's firstling caused damage in a Gentile's garden and was detained by the Gentile without A's knowledge or consent. Must A redeem the firstling? How much ransom must he pay?
A. 1. All these people were guilty of various sins: a) They permitted the birth of a public nuisance. b) They perverted the will of the Lord who intended His 24 gifts to the priesthood to be a boon to them and not a nuisance. c) They have been guilty of despising consecrated objects. d) They derived satisfaction from giving a priests' gift to a particular Kohen. However, A can do nothing about it.
A cannot slaughter the blemished firstling since the person who caused the blemish, though an ignorant person, was nevertheless a Jew.
A must ransom the firstling, but is not obliged to pay more than its market value.
SOURCES: Pr. 78. Cf. Weil, Responsa 127; Isserlein, Pesakim 166.
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