Bekhorot 70

Chapter 70

א מימר אמר לא שביק צורבא מרבנן ויהיב לדידי רועי כהנים והן ישראל אינן נאמנין דחיישינן ללגימא

1 for the shepherd might indeed say: 'My employer will not pass over a priest who is a rabbinic student, to give it to me'.1 The expression PRIESTS' ANIMALS means, [animals of priests], and even if the shepherds are Israelites, they are not trustworthy, for we fear lest their testimony may be influenced by their bread and butter. And how much more so is this the case with a [shepherd] priest working for [an employer] priest, that the former's testimony is untrustworthy, for we suspect them of favouring each other as well as being apprehensive of their bread and butter.

ב וכ"ש כהן לכהן דחיישינן לגומלין וחיישינן ללגימא ואתא ר"ש למימר נאמן על של חבירו ואינו נאמן על של עצמו ואתא ר"מ למימר החשוד על הדבר לא דנו ולא מעידו

2 Thereupon R'SIMEON SAYS: HE IS TRUSTWORTHY AS REGARDS SOMEBODY ELSE'S FIRSTLING,2 BUT HE IS NOT TRUSTWORTHY AS REGARDS HIS OWN. And R'Meir comes and adds: HE WHO IS SUSPECTED OF DISREGARDING A CERTAIN RELIGIOUS MATTER3 MUST NOT PRONOUNCE JUDGMENT ON IT NOR GIVE HIS TESTIMONY CONCERNING IT.<span class="x" onmousemove="('comment',' Differing with R. Simeon who permits even the testimony of a shepherd priest working for a priestly master, and also differing with the first Tanna above who holds that even a shepherd who is a priest looking after Israelite animals is trustworthy, whereas R. Meir holds that shepherds who are priests are always suspected.');">4

ג בשלמא למ"ד רועי ישראל והן כהנים נאמנין היינו דאתא ר"מ למימר החשוד על הדבר לא דנו ולא מעידו

3 Now there is no difficulty according to him who says that the expression 'ISRAELITE SHEPHERDS' means shepherds of [Israelite animals] and, even if priests, they are trustworthy, it is for this reason that R'Meir thereupon says: HE WHO IS SUSPECTED OF IGNORING A CERTAIN RELIGIOUS MATTER MUST NOT PRONOUNCE JUDGMENT ON IT NOR GIVE EVIDENCE CONCERNING IT. But according to him who holds that the expression 'PRIESTS' SHEPHERDS' means [that shepherds who are priests] in the employ of Israelites are not trustworthy, what does R'Meir teach us [here]?

ד אלא למ"ד רועי כהנים בי ישראל אין נאמנין מאי אתא ר"מ לאשמועינן היינו ת"ק

4 Is not his view identical with that of the first Tanna quoted above? - The difference between them is the ruling of R'Joshua the son of Kapusai. For it has been taught: R'Joshua the son of Kapusai says: Two independent5

ה איכא בינייהו דר' יהושע בן קפוסאי דתניא רבי יהושע בן קפוסאי אומר בכור בי כהן צריך שנים מן השוק להעיד עליו

5 witnesses are required to testify as regards a firstling in the possession of the priest. R'Simeon B'Gamaliel says: Even his son or his daughter may give evidence.<span class="x" onmousemove="('comment',' R. Simeon's view is in accordance with his ruling above that one is trustworthy with reference to a firstling belonging to another but not his own, and his father's is also not his own.');">6 Rabbi says: Even the evidence of ten people is not accepted if they are members of his household.<span class="x" onmousemove="('comment',' Whereas even one independent person is trustworthy in these matters, or according to R. Joshua, two independent persons. Now the first Tanna mentioned above is in agreement with the view of R. Joshua. for the first Tanna holds that shepherds who are priests, whether with Israelite or priestly employers, are not trustworthy, but independent priests are trustworthy, even as regards firstlings of priests. R. Meir says that even an independent priest is suspected, a view which is opposed to that of R. Joshua. Rabbenu Gershom interprets this as follows: The first Tanna who says that Israelite shepherds even in the employ of priests are trustworthy does not agree with R. Joshua's view, for according to the latter only independent priests are trustworthy. But R. Meir agrees with R. Joshua that we only suspect the priest's testimony where there is dependence on others, but the evidence of two independent priests is accepted.');">7

ו רשב"ג אומר אפי' בנו אפי' בתו ר' יוסי אומר אפי' עשרה והן בני ביתו אין מעידין עליו

6 According to which authority will be the ruling which R'Hisda reported in the name of R'Kattina, [who said]: An uncertain firstling<span class="x" onmousemove="('comment',' E.g., a ewe which gave birth to two males, the Mishnah (17a) stating that one belongs to the priest and the other remains in the possession of the Israelite as a doubtful firstling which is left to pasture until it is blemished and is then eaten.');">8 born in the possession of an Israelite requires two independent persons to give evidence?9 [You ask] according to which authority? - It is, of course, according to that of R'Joshua the son of Kapusai.<span class="x" onmousemove="('comment',' For just as he holds that two independent persons are necessary to give evidence where the master is a priest, similarly two independent persons are required to give evidence with reference to a doubtful firstling in the possession of an Israelite.');">10 R'Nahman says: The owners are permitted to give evidence [in respect to an uncertain firstling].11

ז כמאן אזלא הא דאמר רב חסדא אמר רב קטינא ספק בכור שנולד בי ישראל צריך שנים מן השוק להעיד עליו

7 For if you will not say so, [but that an Israelite is suspected how according to the view of R'Meir<span class="x" onmousemove="('comment',' For R. Meir maintains that in a matter which one is suspected of disregarding, one is not believed even with reference to others, as according to R. Meir, even independent priests are not trustworthy (Rashi) .');">12 can he give evidence with reference to [the blemish of] a tithing animal?

ח כמאן כר' יהושע בן קפוסאי

8 But surely with regard to a tithing animal [even the owner] is trustworthy, since if he wished he could have maimed the entire herd before tithing?13

ט ר"נ אמר בעלים מעידין עליו דאי לא תימא הכי מעשר לר"מ מי מעיד עליו

9 Rather question [as follows]: In a case of an uncertain firstling.<span class="x" onmousemove="('comment',' If the owners are suspected, then Israelite owners are suspected in the case of a firstling of causing a blemish, and certainly priests who possess an uncertain firstling in their herd would be suspected.');">14 who can testify according to the view of R'Meir? And if you will say 'indeed it is so that there is no remedy [in these circumstances], have we not learnt: For R'Jose used to say: Wherever there is another [animal] in its stead in the hands of the priest.15

י מעשר ודאי מהימן דאי בעי שדי ביה מומא בכוליה עדריה אלא ספק בכור לר"מ מי מעיד עליו

10 the Israelite is exempt from the priests' gifts. whereas R'Meir declares him liable?16 Hence, therefore, we can deduce that the owners are permitted to give evidence [with reference to a doubtful firstling], priests alone being suspected as regards blemishes, whereas Israelites are not suspected as regards blemishes.

יא וכי תימא ה"נ דלית ליה תקנתא והתנן שהיה רבי יוסי אומר כל שחליפיו ביד כהן פטור מן המתנות ור"מ מחייב

11 It has been stated: R'Nahman says: The halachah is like R'Simeon B'Gamaliel.17 Raba says. however: The halachah is like Rabbi.

יב אלא ש"מ בעלים מעידין עליו כהנים הוא דחשידי אמומי ישראל לא חשידי אמומי

12 But did Raba [actually] state this? Did not Raba say: If the owner [of a firstling] was with us outside the house, and the animal entered whole and emerged injured, they can testify concerning it?<span class="x" onmousemove="('comment',' That the blemish came of itself. This is assumed to refer to the other members of the household. We see, therefore, that only the priestly owner of a firstling is suspected and not the other members of the household.');">18 - Read: All its owners19

יג איתמר ר"נ אמר הלכה כרשב"ג רבא אמר הלכה כר' יוסי

13 were with us we have no apprehension. If this be the case, what need is there to state it? - You might be under the impression that we entertain a suspicion.<span class="x" onmousemove="('comment',' That the shepherd himself caused the blemish, or that, after all, a member of the household remained within the house (Tosaf.) . Another interpretation is: If witnesses testify that all the members of the household were outside when the ani mal emerged maimed, then their evidence is considered trustworthy and we do not suspect that the members of the household had been instrumental before leaving in bringing about the blemish by e.g., opening a pit or putting pressed dates on its ear so that a dog came and caused a blemish.');">20 He therefore teaches us [that it is not so]. And the law is in agreement with the view of R'Simeon B'Gamaliel; and only in the case of his son and his daughter is the testimony believed, but not in the case of his wife.

יד ומי אמר רבא הכי והאמר רבא בעלים עומדים עמנו בחוץ נכנס שלם ויצא חבול מעידין עליו אימא כל בעלים עומדים ולא חיישי'

14 What is the reason? - His wife is considered like himself. Said R'Papa to Abaye: According to the view of R'Meir who holds that one who is suspected of disregarding a religious matter must not pronounce judgment on it nor give evidence concerning it, and who also maintains that one who is suspected of disregarding one religious matter is suspected of disregarding the whole Torah, then a priest should not be able to act as a judge: But is it not written: And by their word shall every controversy and every stroke be?21

טו אי הכי מאי למימרא מהו דתימא ניחוש לחשדא קמ"ל והלכתא כרשב"ג ודוקא בנו ובתו אבל אשתו לא מ"ט אשתו כגופו דמי

טז א"ל רב פפא לאביי לרבי מאיר דאמר החשוד על הדבר לא דנו ולא מעידו וקאמר רבי מאיר החשוד לדבר אחד חשוד לכל התורה כולה כהנים הכי נמי דלא דייני דינא והכתיב (דברים כא, ה) ועל פיהם יהיה כל ריב וכל נגע

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