Chullin 259

מתני׳ <big><strong>הזרוע</strong></big> והלחיים והקבה נוהגין בארץ ובחוצה לארץ בפני הבית ושלא בפני הבית בחולין אבל לא במוקדשין

<big><b>MISHNAH: </b></big>THE LAW OF THE SHOULDER AND THE TWO CHEEKS AND THE MAW<span class="x" onmousemove="('comment',' Deut. XVIII, 3: And this shall be the priests' due from the people, from them that slaughter a slaughtering whether it be ox or sheep, that they shall give unto the priest the shoulder and the two cheeks and the maw.');">¹</span>

שהיה בדין

IS IN FORCE BOTH WITHIN THE HOLY LAND AND OUTSIDE IT, BOTH DURING THE EXISTENCE OF THE TEMPLE AND AFTER IT, IN RESPECT OF UNCONSECRATED ANIMALS BUT NOT CONSECRATED ANIMALS.

ומה אם החולין שאינן חייבים בחזה ושוק חייבים במתנות

FOR IT MIGHT HAVE BEEN ARGUED THUS, IF UNCONSECRATED ANIMALS, WHICH ARE NOT SUBJECT TO THE LAW OF THE BREAST AND THE THIGH,<span class="x" onmousemove="('comment',' Lev. VII, 29ff. This law clearly refers to animal offerings only.');">²</span>

קדשים שחייבים בחזה ושוק אינו דין שחייבים במתנות

ARE SUBJECT TO THESE DUES, HOW MUCH MORE ARE CONSECRATED ANIMALS, WITH ARE SUBJECT TO THE LAW OF THE BREAST AND THE THIGH, SUBJECT ALSO TO THESE DUES! SCRIPTURE THEREFORE STATES, AND I HAVE GIVEN THEM UNTO AARON THE PRIEST AND UNTO HIS SONS AS A DUE FOR EVER;<span class="x" onmousemove="('comment',' Ibid. 34.');">³</span>

ת"ל

ONLY WHAT IS MENTIONED IN THIS PASSAGE SHALL BE HIS.<span class="x" onmousemove="('comment',' Thus of consecrated animals the breast and the thigh only pertain to the priest but not the shoulder etc. ohns ,ause');">⁴</span>

(ויקרא ז, לד) ואתן אותם לאהרן הכהן ולבניו לחק עולם אין לו אלא מה שאמור בענין

ALL CONSECRATED ANIMALS WHICH HAD CONTRACTED A PERMANENT PHYSICAL BLEMISH BEFORE THEY WERE CONSECRATED<span class="x" onmousemove="('comment',' Such animals can only be regarded as consecrated for their value () for they are unfit for sacrifice by reason of their blemish.');">⁵</span>

כל הקדשים שקדם מום קבוע להקדשן ונפדו חייבין בבכורה ובמתנות ויוצאין לחולין להגזז ולהעבד וולדן וחלבן מותר לאחר פדיונן והשוחטן בחוץ פטור ואין עושין תמורה ואם מתו יפדו

AND HAVE BEEN REDEEMED<span class="x" onmousemove="('comment',' They are now like ordinary unconsecrated animals in every respect.');">⁶</span>

חוץ מן הבכור ומן המעשר

ARE SUBJECT TO THE LAW OF THE FIRSTLING<span class="x" onmousemove="('comment',' And if they now bear a male firstling, even though the animal became pregnant before redemption, it belongs to the priest; cf. Num. XVIII, 15-28.');">⁷</span>

כל שקדם הקדשן את מומן או מום עובר קודם להקדשן ולאחר מכאן נולד להם מום קבוע ונפדו פטורין מן הבכורה ומן המתנות ואינן יוצאין לחולין להגזז ולהעבד וולדן וחלבן אסור לאחר פדיונן והשוחטן בחוץ חייב ועושין תמורה ואם מתו יקברו:

AND TO THESE DUES, AND LIKE UNCONSECRATED ANIMALS THEY MAY BE SHORN AND MAY BE PUT TO WORK,<span class="x" onmousemove="('comment',' But this is not so with consecrated animals which contracted a permanent blemish after consecration and have been redeemed. To such the provisions of Deut. XII, 15 apply; thus they are regarded as the gazelle and the hart and are exempt from the law of firstling and from the priestly dues; they may be slaughtered and eaten but may not be put to any labour; and their products, as wool, milk and young, are forbidden.');">⁸</span>

<big><strong>גמ׳</strong></big> טעמא דכתב רחמנא אותם הא לאו הכי הוה אמינא קדשים חייבין במתנות

AND AFTER THEY HAVE BEEN REDEEMED THEIR YOUNG<span class="x" onmousemove="('comment',' Even though the animal became pregnant before it was redeemed and brought forth its young after redemption; cf. Bek. 14a.');">⁹</span>

איכא למיפרך

AND THEIR MILK ARE PERMITTED,<span class="x" onmousemove="('comment',' V. p. 732, n. 8.');">¹⁰</span>

מה לחולין שכן חייבין בבכורה

AND HE WHO SLAUGHTERED THEM<span class="x" onmousemove="('comment',' Even before they were redeemed.');">¹¹</span>

תיתי מזכרים

OUTSIDE THE SANCTUARY IS NOT LIABLE, AND THEY<span class="x" onmousemove="('comment',' Even before they were redeemed.');">¹¹</span>

מה לזכרים שכן חייבין בראשית הגז

DO NOT RENDER WHAT WAS SUBSTITUTED FOR THEM [HOLY].<span class="x" onmousemove="('comment',' For although the expression, 'A good for a bad or a bad for a good', in connection with the law of Substitution (Lev. XXVII, 10) has been interpreted to mean an unblemished for a blemished animal, this applies only to a consecrated animal that later suffered a blemish, but not to a blemished animal that was later consecrated; cf. Bek. 14b.');">¹²</span>

מתיישים

AND IF THEY DIED THEY MAY BE REDEEMED.<span class="x" onmousemove="('comment',' Even though they are fit now only for dogs' food; for the rule (Bek. 15a) , 'One must not redeem consecrated animals in order to feed dogs ;udv ,ause therewith', does not apply to these animals, since they were never regarded as consecrated themselves () , but only as consecrated ohns ,ause for their value () . Moreover this Tanna is of the opinion that whatsoever is consecrated for value only need not be made to stand when being redeemed, as is the case with animal offerings when being redeemed on account of a blemish (v. Lev. XXVII, 11,12) .');">¹³</span>

מה לתיישים שכן נכנסין לדיר להתעשר

THE FIRSTLING<span class="x" onmousemove="('comment',' These are holy in all circumstances; for the male firstling is still holy even though born blemished; likewise the tenth beast is designated holy, whether it is blemished or not.');">¹⁴</span>

מזקנים

AND THE TITHE OF CATTLE<span class="x" onmousemove="('comment',' These are holy in all circumstances; for the male firstling is still holy even though born blemished; likewise the tenth beast is designated holy, whether it is blemished or not.');">¹⁴</span>

מה לזקנים שכן נכנסו לדיר להתעשר

ARE EXCEPTED.

מלקוח ויתום

ALL [CONSECRATED ANIMALS] WHICH HAD CONTRACTED A PERMANENT BLEMISH AFTER THEY WERE CONSECRATED, OR IF THEY HAD CONTRACTED A PASSING BLEMISH BEFORE THEY WERE CONSECRATED AND SUBSEQUENTLY [AFTER CONSECRATION] CONTRACTED A PERMANENT BLEMISH, AND HAVE BEEN REDEEMED,<span class="x" onmousemove="('comment',' These were themselves consecrated for sacrifice and the provisions of Deut. XII, 15 apply; v. supra p. 732, n. 8.');">¹⁵</span>

מה ללקוח ויתום שכן נכנסין במינן לדיר להתעשר

ARE EXEMPT FROM THE LAW OF THE FIRSTLING, AND FROM THESE DUES, AND THEY MAY NOT, LIKE UNCONSECRATED ANIMALS, BE SHORN OR PUT TO WORK, AND [EVEN] AFTER THEY HAVE BEEN REDEEMED THEIR YOUNG<span class="x" onmousemove="('comment',' It is assumed that the animal became pregnant before it was redeemed and brought forth its young after redemption; v. Bek. 14a.');">¹⁶</span>

במינן קאמרת

AND THEIR MILK ARE FORBIDDEN, AND HE WHO SLAUGHTERED THEM OUTSIDE THE SANCTUARY IS LIABLE,<span class="x" onmousemove="('comment',' Even though because of their blemish they are not fit for sacrifice in the Sanctuary. In Bek. ');">¹⁷</span>

קדשים נמי במינן נכנסין לדיר להתעשר

AND THEY<span class="x" onmousemove="('comment',' Before they were redeemed.');">¹⁸</span>

ויהיו חולין חייבין בחזה ושוק מקל וחומר

RENDER WHAT WAS SUBSTITUTED FOR THEM [HOLY], AND IF THEY DIED THEY MUST BE BURIED.<span class="x" onmousemove="('comment',' V. supra p. 733, n. 5. For one must not redeem consecrated animals in order to feed dogs therewith; alternatively because they cannot stand while being redeemed.');">¹⁹</span>

ומה קדשים שאין חייבים במתנות חייבין בחזה ושוק חולין שחייבין במתנות אינו דין שחייבין בחזה ושוק

<big><b>GEMARA: </b></big>The reason<span class="x" onmousemove="('comment',' Why consecrated animals are not subject to the priestly dues of the shoulder and the two cheeks and the maw.');">²⁰</span>

אמר קרא

is that Scripture stated them,<span class="x" onmousemove="('comment',' Lev. VII, 34; V. MISHNAH:');">²¹</span>

(דברים יח, ג) וזה יהיה משפט הכהנים זה אין מידי אחרינא לא

but without it I should have argued that consecrated animals are subject to these dues; but surely the argument [of the Mishnah] can be refuted thus: That is so<span class="x" onmousemove="('comment',' Viz., that they are subject to the priestly dues.');">²²</span>

אלא טעמא דכתב רחמנא זה הא לאו הכי הוה אמינא

of unconsecrated animals since they are [also] subject to the law of the Firstling!<span class="x" onmousemove="('comment',' Whereas consecrated animals are not subject to the law of the Firstling, consequently they should neither be subject to the priestly dues.');">²³</span>

חולין חייבין בחזה ושוק

- It<span class="x" onmousemove="('comment',' That consecrated animals, were it not for the express verse which excludes them, should also be subject to the priestly dues.');">²⁴</span>

והא בעי תנופה היכא לינופינהו

might have been inferred from male unconsecrated animals.<span class="x" onmousemove="('comment',' These, being males, are not subject to the law of the Firstling, and yet are subject to the priestly dues; similarly consecrated animals although not subject to the law of the Firstling should nevertheless be subject to the priestly dues.');">²⁵</span>

אי אבראי (ויקרא ז, ל) לפני ה' כתיב

But [it can also be refuted thus]. That is so<span class="x" onmousemove="('comment',' Viz., that they are subject to the priestly dues.');">²²</span> of males since they are [also] subject to the precept of the First of the Fleece!<span class="x" onmousemove="('comment',' V. Deut. XVIII, 4. This law, however, does not apply to he-goats, nor to consecrated animals. Likewise the priestly dues should not apply to consecrated animals.');">²⁶</span> - It<span class="x" onmousemove="('comment',' That consecrated animals, were it not for the express verse which excludes them, should also be subject to the priestly dues.');">²⁴</span> might then have been inferred from he-goats. But [it might be argued,] that is so of he-goats since they [also] enter the stall to be tithed!<span class="x" onmousemove="('comment',' I.e., arc subject to the law of cattle tithe (cf. Lev. XXVII, 32) ; consecrated animals, however, are exempt from the cattle tithe.');">²⁷</span> - It might then have been inferred from old<span class="x" onmousemove="('comment',' Which have passed through the gate for tithing. Such an animal is no more subject to the law of cattle tithe, yet is subject to the priestly dues; I would then say the same of consecrated animals.');">²⁸</span> [he-goats]. But [it might be argued,] that is so of ol [he-goats] since they have in the past entered the stall to be tithed! - It might then have been inferred from a bought or orphaned animal.<span class="x" onmousemove="('comment',' These are exempt from the cattle tithe, v. Bek. 55b, 57a. By 'orphaned' is meant a beast whose dam died whilst bearing it. The argument in the latter part of the prec. n. applies here too.');">²⁹</span> But [it might be argued.] that is so of bought or orphaned animals since their kind enters the stall to be tithed! - 'Their kind'! you say; then it is the same with consecrated animals too,fo their kind<span class="x" onmousemove="('comment',' I.e., unconsecrated animals.');">³⁰</span> enters the stall to be tithed.<span class="x" onmousemove="('comment',' Hence the argument from bought and orphaned animals would have been conclusive to include consecrated animals within the law of the priestly dues; accordingly the verse quoted in the Mishnah is necessary to exclude them.');">³¹</span> But can it not be inferred that unconsecrated animals are subject to the precept of the breast and the thigh from the following a fortiori argument? Thus: if consecrated animals, which are not subject to the priestly dues, are subject to the precept of the breast and the thigh, how much more are unconsecrated animals which are subject to the priestly dues subject also to the precept of the breast and the thigh! The verse therefore reads: And this shall be the priests' due;<span class="x" onmousemove="('comment',' Deut. XVIII, 3. No other dues but those mentioned in this verse are to be exacted from unconsecrated animals.');">³²</span> 'this', yes, but nothing else. Now the reason is that Scripture stated 'this', but without it I should have said that unconsecrated animals are subject to the precept of the breast and the thigh. But is not the rite of 'waving' essential?<span class="x" onmousemove="('comment',' Lev. VII, 30.');">³³</span> And where can they be waved? Outside [the Sanctuary]? But it is written: Before the Lord.<span class="x" onmousemove="('comment',' Lev. VII, 30.');">³³</span>