Bekhorot 61

תנו רבנן

Our Rabbis taught: And all of these<span class="x" onmousemove="('comment',' The reference is to the second clause of the Baraitha in Tosef. Dem'ai. II, concerning one accepting the obligations of a haber except one religious law, a priest who accepts all priestly obligation except one, and similarly a Levite. Tosaf explains that it refers to an earlier clause in the Tosef. with reference to an 'am ha-arez accepting the obligations of a haber, a heathen who accepts the teachings of the Torah and a priest who accepts the full obligations of the priesthood. Now, if any of these retracted, i.e., returned to their former habits, they are never received again, since they have shown their weakness, whereas R. Judah maintains that if this relapse was in secrecy, they must not be received because they are merely deceiving people and doing it for show, but if their relapse was both privately and publicly, then if they retracted, we accept them again as genuine penitents.');">¹</span>

וכולן שחזרו בהן אין מקבלין אותן עולמית דברי ר' מאיר

if they repented must never be received.

רבי יהודה אומר

[These are] the words of R'Meir.

חזרו במטמוניות אין מקבלין אותן בפרהסיא מקבלין אותן

R'Judah Says: If they repented only in secrecy, we must not receive them, but if publicly, they may be received.

איכא דאמרי

Some there are who say: If what they did<span class="x" onmousemove="('comment',' I.e., ignoring the rules of levitically prepared food. Tosaf. interprets this as follows: If we recognized from the beginning, prior to their lapse, that they observed the obligations of a haber even privately, then we receive them when they return. But where we saw them keeping those obligations only in public but not privately, they must not be received back by us, as we suspect them merely of deceiving people.');">²</span>

אם עשו דבריהן במטמוניות מקבלין אותן בפרהסיא אין מקבלין אותן

was in secrecy, they may be received, but if publicly, they must not be received.

ר"ש ור' יהושע בן קרחה אומרים

But R'Simeon and R'Joshua B'Karha say: Both in the first case as in the other, they may be received because of what is said, Turn, O backsliding children.<span class="x" onmousemove="('comment',' Jer. III, 14.');">³</span>

בין כך ובין כך מקבלין אותן משום שנאמר

R'Isaac of Kefar Acco<span class="x" onmousemove="('comment',' [Caphare Accho in Lower Galilee; v. Hildesheimer, Beitrige, p. 81.]');">⁴</span>

(ירמיהו ג, יד) שובו בנים שובבים

reported in the name of R'Johanan: The halachah is in accordance with the view of that pair.<span class="x" onmousemove="('comment',' R. Simeon and R. Judah b. Karha.');">⁵</span>

א"ר יצחק איש כפר עכו אמר ר' יוחנן

Our Rabbis taught: At first [the Sages] said: If a haber became a tax-collector he is expelled from the order.<span class="x" onmousemove="('comment',' Publicans or customs-collectors had the taxes farmed out to them by the crown and as a rule recouped themselves by imposing iniquitous burdens on the people; consequently they were considered robbers in Jewish law.');">⁶</span>

הלכה כאותו הזוג

If he withdrew,<span class="x" onmousemove="('comment',' From the office of publican.');">⁷</span>

ת"ר

he is not received [as a haber].

בראשונה היו אומרים חבר ונעשה גבאי דוחין אותו מחבירתו פירש אין מקבלין אותו

They subsequently declared: If he withdrew, he is regarded like any other person.

חזרו לומר

The scholars required the teaching of R'Huna B'Hiyya.<span class="x" onmousemove="('comment',' In order to consult him on some point of Jewish law. Lit., 'the time needed him'. Another explanation is that he fell ill and it was necessary for them to visit him.');">⁸</span>

פירש הרי הוא ככל אדם

Rabbah and R'Joseph went in to him together with four hundred pairs of scholars.

רב הונא בר חייא איצטריכא ליה שעתא הוה עייל גביה רבה ורב יוסף וארבע מאה זוגא דרבנן

When he learnt that they were coming, he wreathed<span class="x" onmousemove="('comment',' So Jast.');">⁹</span>

שמע דאתו קטיר להו ארבע מאה תכתקי

four hundred stools for them.

לסוף שמעו דנעשה גבאי שלחו ליה

Eventually they heard that he had become a tax-collector.

זיל לחשיבותיה זיל לקדמותיה

Thereupon they sent him a message that he should adhere to his office.<span class="x" onmousemove="('comment',' Since he was already a publican, let him cling to the position, but as far as they were concerned, they would not visit him. kzt khz');">¹⁰</span>

שלח להו

He went back to his former position,<span class="x" onmousemove="('comment',' I.e., resigned his office. Read for . So Jast. According to cur. edd. this was the continuation of the message, viz., that he should adhere 'to his (new position) before him'.');">¹¹</span>

הדרי בי

and sent back to them: 'I have withdrawn'.<span class="x" onmousemove="('comment',' V. supra p. 196, n. 6.');">¹²</span>

רב יוסף לא אזל רבה אזל

R'Joseph did not go, but Rabbah went.

רב יוסף אמר תנינא

R'Joseph said:<span class="x" onmousemove="('comment',' Explaining why he did not go.');">¹³</span>

פירש אין מקבלין אותו

We have learnt: If he withdrew from the office, he must not be received [as a haber].

רבה אמר תנינא

Rabbah however says: We have learnt: They subsequently decided that if he withdrew, he is regarded like any other person.

חזרו לומר

Our Rabbis taught: A man may examine all firstlings, except his own;<span class="x" onmousemove="('comment',' A priest is not allowed to inspect his own firstling and to permit it.');">¹⁴</span>

פירש הרי הוא ככל אדם:

he may examine his holy sacrifices<span class="x" onmousemove="('comment',' Peace-offerings, in which a blemish appears in order to ascertain whether it is a permanent blemish, so as to redeem them as hullin.');">¹⁵</span>

תנו רבנן

and his animal tithes.<span class="x" onmousemove="('comment',' In which a permanent blemish appeared.');">¹⁶</span>

כל הבכורות אדם רואה חוץ משל עצמו

He also allows himself to be asked with reference to his levitically prepared food.<span class="x" onmousemove="('comment',' If he is versed in such matters, and there is a doubt on some point, he need not go to a scholar to inquire.');">¹⁷</span>

ורואה את קדשיו ואת מעשרותיו ונשאל על טהרותיו

The master said: 'A man may examine all firstlings except his own'.

אמר מר

What are the circumstances?

כל הבכורות אדם רואה חוץ משל עצמו

Shall I say that only one person [examines]?

במאי עסקינן

But is one person believed?<span class="x" onmousemove="('comment',' For even to permit firstlings belonging to others we require the decision of three persons.');">¹⁸</span>

אילימא בחד מי מהימן

Then we must suppose that three persons [examine].

אלא בתלתא ומי חשידי

But are three persons suspected [on his account]?

והתנן

Have we not learnt: If a woman made a declaration of protest<span class="x" onmousemove="('comment',' Against a marriage contracted during her minority; v. Glos. s.v. Mi'un.');">¹⁹</span>

מיאנה או שחלצה בפניו ישאנה מפני שהוא בית דין

or performed halizah<span class="x" onmousemove="('comment',' V. Glos.');">²⁰</span>

לעולם בחד

before him [a scholar], the latter may marry her because he is of the Beth din?<span class="x" onmousemove="('comment',' For he was not there alone, as a Beth din of three were present. Therefore we do not suspect him of permitting her for the purpose of marrying her.');">²¹</span>

וכדאמר רב חסדא א"ר יוחנן

- I may still say it refers to one person and as R'Hisda reported in the name of R'Johanan elsewhere that it was a case of an individual expert, so also here it is the case of an individual expert [who examined the firstling].'

ביחיד מומחה הכא נמי ביחיד מומחה

He may examine his holy sacrifices', [the reason being] because if he wished, he could ask for their release [from a scholar].<span class="x" onmousemove="('comment',' By pleading that the consecration was a mistake, thus finding a way out to free the animal from its sanctity. We therefore do not entertain the suspicion that he would declare the blemish to be a permanent one when it is transitory. This method, however, of releasing the animal from its holiness does not apply to a firstling which is hallowed from birth, and consequently there is room for suspicion here.');">²²</span>

ורואה את קדשיו דאי בעי מיתשיל עלייהו

And as regards 'his [animal] tithes', [the reason is] because if he wished, he could cast a blemish in the entire herd [of animals].<span class="x" onmousemove="('comment',' Before tithing his herd, tithing taking effect even on blemished animals, and from the very beginning he could have released them from their holiness in the matter of eating them within the walls of Jerusalem.');">²³</span>

ומעשרותיו דאי בעי שדי ביה מומא בכוליה עדריה

'He also allows himself to be asked with reference to his levitically prepared food', [the reason being] because they are fit to eat during the period of his uncleanness.<span class="x" onmousemove="('comment',' He is consequently not suspected of declaring something which is unclean to be clean, since he can make use even of unclean food. This of course only refers to hullin, but unclean terumah is not suitable for him to eat even when he is levitically unclean, as it requires to be burnt.');">²⁴</span>

ונשאל על טהרותיו דהא חזא ליה בימי טומאתו:

<big><b>MISHNAH: </b></big>THE PROFIT ON ALL DEDICATED OBJECTS WHICH BECAME UNFIT [FOR THE ALTAR] GOES TO THE SANCTUARY.<span class="x" onmousemove="('comment',' Their profit is obtained by selling at a high price.');">²⁵</span>

<br><br><big><strong>הדרן עלך עד כמה ישראל חייבין</strong></big><br><br>

THEY ARE SOLD IN A MARKET,<span class="x" onmousemove="('comment',' Where much is bought and at a high price.');">²⁶</span>

מתני׳ <big><strong>כל</strong></big> פסולי המוקדשין הנאתן להקדש נמכרין באיטליז ונשחטין באיטליז ונשקלין בליטרא חוץ מן הבכור והמעשר שהנייתן לבעלים

SLAUGHTERED IN A MARKET AND WEIGHED BY THE POUND,<span class="x" onmousemove="('comment',' Lit. 'Litra', the Roman Libra, a pound, in the manner butchers who sell hullin.');">²⁷</span>

פסולי המוקדשין הנייתן להקדש

EXCEPT IN THE CASE OF A FIRSTLING OR A TITHING ANIMAL, AS THEIR PROFIT GOES TO THE OWNERS.<span class="x" onmousemove="('comment',' In the case of a firstling, the owner is the priest, who sells its flesh to anybody. Since therefore the profit belongs to private people, it was not permitted to sell the meat and treat it lightly like hullin by selling it in the market etc., in order to gain more profit.');">²⁸</span>

ושוקלין מנה כנגד מנה בבכור:

THE PROFIT ON DEDICATED OBJECTS WHICH BECAME UNFIT [FOR THE PURPOSE CONSECRATED] GOES TO THE SANCTUARY. YOU MUST WEIGH ONE PIECE OF MEAT OF THE FIRST-BORN AGAINST ANOTHER PIECE OF ORDINARY MEAT OF ASCERTAINED WEIGHT.