Talmud - Bekhorot 37b בכורות ל״ז ב׳

It can be inferred that if the internal gums were extracted then yes, one may slaughter the firstborn, but if they were merely damaged or they were scratched, one may not, since it is a hidden blemish. The Gemara answers: I require that it be an “ill blemish,” which must be exposed and degrading, and a hidden blemish is not considered such an “ill blemish.” The Gemara asks: If so, that all blemishes are included by the words: “Any ill blemish,” aside from hidden blemishes, a temporary blemish should also render it permitted for the firstborn to be slaughtered. Why then did we learn in the mishna: If the firstborn’s ear was damaged and lacking from the cartilage it may be slaughtered, but not if it is damaged and lacking from the skin, since it is a temporary blemish?

The Gemara answers: A temporary blemish is not excluded by the exegesis but is based on logical reasoning: Now, if we do not even redeem an offering due to a temporary blemish, will we slaughter a firstborn outside the Temple, for which redemption is not performed, due to a temporary blemish? The Gemara explains the source for this assertion that an offering is not redeemed because of a temporary blemish. As it is taught in a baraita: “And if it be any impure animal, of which they may not bring an offering to the Lord” (Leviticus 27:11). The verse is speaking of ritually pure animals with blemishes.

The baraita continues: Do you say that the verse is speaking of animals with blemishes that were redeemed, or is it referring only to an actual impure animal, such as a donkey or a horse that was consecrated; but with regard to a kosher animal, perhaps its consecrated status cannot be removed by redemption even if it was blemished? When the verse states: “And if it be of an impure animal” (Leviticus 27:27), a non-kosher animal is mentioned. So how do I realize the meaning of: “Of which they may not bring an offering”? You must say that this is referring to blemished animals that were redeemed, indicating that redemption is permitted.

The baraita concludes: One might have thought that offerings may be redeemed due to a temporary blemish that they sustained. Therefore, the verse states: “Of which they may not bring an offering to the Lord” (Leviticus 27:11). This teaches that an animal that is not sacrificed at all is redeemed, which excludes this animal that has a temporary blemish, which is not sacrificed today, but rather may be sacrificed tomorrow.

The Gemara comments: If you wish, say a different explanation as to why a temporary blemish is not included in the amplification of the verse: “Any ill blemish”: If so, that even a temporary blemish permits its slaughter, why do I need the verse to mention a lame animal and a blind animal? It would have sufficed to state: “Any ill blemish.” Rather, the verse excludes a temporary blemish that is unlike these two blemishes, which are permanent.

§ The mishna teaches: If the ear of the firstborn animal was split, although it is not lacking, one may slaughter the animal outside the Temple. With regard to this, the Sages taught in a baraita: The split that permits the animal to be slaughtered is one of any size. With regard to the damage, whether it was done by the hand of a person or by the hand of God, it may be slaughtered. The Gemara asks: Should it be derived by inference that with regard to a split, if it was caused by the hand of God it is not considered a blemish? That also should be considered an obvious blemish and render the animal permitted for slaughter.

The Gemara answers: Rather, the baraita should be interpreted as follows: The animal may be slaughtered for a split of any size, and with regard to a split and damage, whether it was done by the hand of God or by the hand of a person, the animal may be slaughtered. And what is the measure of the damage that is considered a blemish? It must be large enough that a fingernail will be retained [shetaḥgor] on it, i.e., if one passes his fingernail over the ear of the animal it can enter the area of the damage.

§ The mishna stated that if the ear of a firstborn animal was pierced with a hole the size of a bitter vetch, the animal is slaughtered because of it. With regard to this, the Sages taught in a baraita: How large must the piercing of the ear be? It must be the size of a karshina. Rabbi Yosei, son of Rabbi Yehuda, says: Like the size of a lentil, which is slightly smaller. And what is a desiccated ear that is considered a blemish? It is an ear that if it is pierced, it does not discharge a drop of blood. Rabbi Yosei ben HaMeshullam says: Desiccated means that the ear is so dry that it will crumble if one touches it.

A Sage taught: Their statements are close to being identical in practice. The Gemara asks: The statements of whom are close to being identical? If we say that he is referring to the statements of the first tanna and Rabbi Yosei ben HaMeshullam with regard to a desiccated ear, there is a significant difference between these two opinions. One says it is determined by whether blood emerges, while the other holds it is based on whether it crumbles. Rather, he is referring to the statement of the first tanna and the statement of Rabbi Yosei, son of Rabbi Yehuda, as a karshina and a lentil are almost identical in size.

The Gemara asks with regard to the statement of Rabbi Yosei, son of Rabbi Yehuda: If the ear was pierced with a hole like the size of a lentil, then yes, it is considered a blemish, but if it was pierced with a hole less than the size of a lentil, then is it not considered a blemish? And one can raise a contradiction from a baraita: The Torah provides a description of the process by which a Hebrew slave who has already completed his six years of servitude may continue on as a slave of his master: “And you shall take the awl and put it through his ear and in the door” (Deuteronomy 15:17). From this verse, I have derived only that an awl can be used. From where do I know to include the palm thorn [hassol], a thorn, a needle, and a gimlet, and a stylus for writing on wax as valid tools for piercing his ear?

Therefore, the verse states: “And you shall take,” which indicates that anything that can be taken by hand is a valid tool. This is the statement of Rabbi Yosei, son of Rabbi Yehuda. Rabbi Yehuda HaNasi says: Not all these items can be used. Rather, since the verse specifies an “awl,” only items similar to an awl can be used; just as an awl is distinct in that it is fashioned of metal, so too, anything fashioned of metal can be used.

And the latter clause of the baraita teaches: Rabbi Elazar said that Yudan the Distinguished would teach as follows: When they pierce the ear of the slave, they pierce only in the earlobe.

And the Rabbis say: The piercing is not performed on that part of the ear, since there is a tradition that the ear of a Hebrew slave who is a priest is not pierced, because the piercing renders him blemished and unfit to serve in the Temple. And if you say that they pierced the slave in the earlobe, how does a Hebrew slave who is a priest become blemished through piercing? A wound on this part of the ear heals. This indicates that they pierce only on the upper part of the ear, through the cartilage.

In any event, it is clear from the statement of Rabbi Yosei, son of Rabbi Yehuda, that the piercing of a needle is considered a blemish, despite the fact that it is definitely smaller than the size of a lentil. The Gemara answers: Rav Ḥana bar Ketina said: It is not difficult, as here, Rabbi Yosei, son of Rabbi Yehuda, said that the hole must be the size of a lentil with regard to slaughtering an animal outside the Temple due to the blemish. There, with regard to disqualifying the animal from being sacrificed, even a tiny hole is considered a blemish, just as it renders the priest blemished.

§ According to the first opinion cited in the baraita, the size of the hole that is considered a blemish in the ear of the firstborn animal is like that of a karshina. The Gemara asks: What is a karshina? Rav Sherevya says: It is a bitter vetch, called hinda in Aramaic.

With regard to this halakha, Rav Hoshaya asked Rav Huna the Great: Is this measure referring to a bitter vetch that can enter and exit the hole in the ear, which means that the hole is slightly larger than the bitter vetch? Or is it referring to a bitter vetch that is stationary in the hole, meaning that the hole is precisely the size of a bitter vetch? Rav Huna the Great said to him: I did not hear this halakha specifically, but I heard a similar halakha to it, that the expression: The size of a bitter vetch [melo karshina], means that the bitter vetch can enter and exit the hole.

As we learned in a mishna (Oholot 2:3): The spine and the skull of a corpse that are incomplete do not impart ritual impurity in a tent. This halakha was unanimously accepted, but the details were subject to dispute: How much is considered a deficiency in the spine so that it will not impart impurity in a tent? Beit Shammai say: If it is missing two vertebrae, and Beit Hillel say: Even if it is missing only one vertebra, it will not impart impurity. And likewise, they disagree concerning the deficiency in the skull: Beit Shammai say that it must be missing a piece like the size of a drilled hole, and Beit Hillel say: It must be missing an amount that if removed from a living person, he would die.

The Gemara relates: And Rav Ḥisda was sitting, and he raised a dilemma: That which was stated: An amount that if removed from a living person, how much is that? Rav Taḥlifa bar Avudimi said to him: This is what Shmuel says: It is like the size of a sela coin.

The Gemara notes: And it was stated that the amora’im disagreed with regard to whom Rabbi Taḥlifa cited when relating this halakha to Rav Ḥisda. Rav Safra says that he told him a halakha of the amora’im citing Shmuel. And Rav Shmuel bar Yehuda says that he told him a baraita that stipulated that the measure is like the size of a sela coin. And your mnemonic to remember what each one said is the common talmudic phrase: Rav Shmuel bar Yehuda teaches [tanei], generally indicating a source from a tanna, which hints that according to Rav Shmuel bar Yehuda, Rav Taḥlifa cited a baraita to Rav Ḥisda, while according to Rav Safra, he related a tradition from Shmuel.

And Rav Ḥisda said to Rav Taḥlifa: If so, that the measure of the deficiency according to the opinion of Beit Hillel is the size of a sela coin, you have made the statement of Beit Shammai and the statement of Beit Hillel one and the same, since the size of a sela coin and a drilled hole is identical. As we learned in a mishna (Kelim 17:12): With regard to a window that was not fashioned by the hands of a person, such as where a stone fell out of the wall by itself, its measure for which ritual impurity is transmitted from room to room is like the size of a large fist. And this is the size of the fist of Ben Avatiaḥ, who was known to be an exceptionally large man. Rabbi Yosei said: And the size of this fist is like the size of a large human head.

The mishna continues: But if the window was made by the hand of a person, its measure for which ritual impurity is transmitted is like the size of the drilled hole of the large drill of the chamber in the Temple, which is like the size of the Italian pundeyon and like the size of a sela of the emperor Nero. And its size is

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Bechorot 37b explores which blemishes permit slaughtering a firstborn animal, distinguishing hidden or temporary flaws from permanent, degrading ones.