Talmud - Bekhorot 51a בכורות נ״א א׳

an impaired dinar with him, which was not in circulation, and his victim did not want to accept it from him. Ḥanan the wicked then struck him another time, rendering himself liable to pay an additional fine of one-half a dinar, and gave him the full dinar as payment for both strikes.

§ The mishna teaches: The thirty shekels paid to the owner of a Canaanite slave who is killed by an ox, and the fifty shekels paid by a rapist and by a seducer, and the one hundred shekels paid by the defamer are all paid in the shekel of the Sanctuary, which is calculated based on one hundred Tyrian dinars. The Gemara asks: Why do I need this additional mention of: All are paid in the shekel of the Sanctuary, which is calculated based on one hundred Tyrian dinars? The tanna of the mishna already taught this in the first clause.

The Gemara explains: It was necessary to state the cases of the rapist and the defamer, as it might enter your mind to say: Since the term shekels is not written with regard to them, but only “money,” say that one pays merely dinars, and not shekels, which are worth four dinars. Therefore, the tanna teaches us that the halakhot of all these cases are derived from one another, and in all of them, the payment is in the shekel of the Sanctuary.

§ The mishna further teaches: And all monetary obligations are redeemed, i.e., paid, with coins or with items of the equivalent value of money, except for the half-shekels that are donated to the Temple each year, which must be given specifically as coins. The Gemara notes that it is taught in a baraita: All monetary obligations are redeemed with coins or with their equivalent value, except for the half-shekels, and second tithe, and the money for appearance, i.e., the two silver ma’a that every man must bring to the Temple to purchase burnt offerings of appearance on the pilgrimage Festivals, all of which must be given as coins.

The Gemara elaborates: The halakha that the half-shekel payment dues to the Temple cannot be paid using items of equivalent value is as we learned in a mishna (Shekalim 2:1): When people who live far from Jerusalem wish to send to Jerusalem the shekels that have been levied from their community, they may combine their shekels and exchange them for darics [darbonot], which are large gold coins, due to the hardship of carrying on the journey. Instead of carrying large amounts of shekels, the agents who deliver the funds will bring a much lighter burden of gold coins with them. They may exchange them only for coins, not for items of equivalent value.

Second tithe may not be redeemed with items of equivalent value, as it is written: “And bind up [vetzarta] the money in your hand” (Deuteronomy 14:25), which the Sages interpreted as referring to money that has a form [tzura] engraved on it, i.e., a coin. And with regard to the money for appearance, this is as Rav Yosef teaches, that one may not bring a lump of silver full of base metals to the Temple courtyard.

MISHNA: One may not redeem his firstborn son, neither with Canaanite slaves, nor with promissory notes, nor with land, nor with consecrated items. If the father wrote a promissory note to the priest that he is obligated to give him five sela coins, the father is obligated to give them to him but his son is not redeemed. Therefore, if the priest wished to give back the five sela coins to him as a gift he is permitted to do so.

With regard to one who designates five sela coins for redemption of his firstborn son and he lost the coins before he gave them to the priest, the father bears financial responsibility for their loss, as it is stated to Aaron the priest: “Everything that opens the womb in man and animal shall be yours”; and only afterward it says: “You shall redeem the firstborn of man” (Numbers 18:15). This indicates that only after the money shall be in the possession of the priest is the son redeemed.

GEMARA: The Gemara comments: The mishna is not in accordance with the opinion of Rabbi Yehuda HaNasi. As it is taught in a baraita that Rabbi Yehuda HaNasi says: One can redeem a woman’s firstborn son with anything worth five shekels except for promissory notes. This is different from the mishna, which also excludes Canaanite slaves and land. The Gemara asks: What is the reason for Rabbi Yehuda HaNasi’s opinion?

The Gemara answers that he interprets verses using the method of amplifications and restrictions, and this is how he interprets the verse: “And its redemption from one month you shall redeem, according to the valuation of five silver shekels by the shekel of the Sanctuary” (Numbers 18:16). Concerning the phrase “and its redemption from one month,” since it does not specify that only certain items can be used for the redemption, the verse amplified the category of items that can be used to redeem the firstborn, intimating that many different items can be used. Then, with the phrase “according to the valuation of five silver shekels,” the verse restricted the category to items that are similar to silver shekels. Then, with the phrase “You shall redeem,” the verse again amplified the category.

According to the hermeneutical principle that when a verse amplified and then restricted and then amplified, it amplified the relevant category to include everything except the specific matter excluded in the restriction. The Gemara elaborates: What has it amplified? Almost everything. And what has it restricted? It restricted only promissory notes, which are the most fundamentally dissimilar to silver shekels.

The Gemara explains the reasoning of the Rabbis: And the Rabbis expound verses through the method of a generalization and a detail. They expound the verse as follows: The phrase “and its redemption from one month” is a generalization which suggests that many different items can be used to redeem the firstborn. Then, the phrase “according to the valuation of five silver shekels” is a detail, which suggests that only items that are similar to silver shekels can be used. Then, with the phrase: “You shall redeem,” the verse again makes a generalization.

Based on this exegetical method, whenever a verse has a generalization and then a detail and then a generalization, the principle is that you may deduce that the verse is referring only to items that are similar to the detail. In this case, just as the detail, i.e., silver shekels, is explicitly something that is movable and has intrinsic monetary value, so too, anything that is movable and has intrinsic monetary value can be used. This excludes land, which is not movable property; it excludes Canaanite slaves, who are halakhically compared to land; and it excludes promissory notes, because even though they are movable property they do not have intrinsic monetary value.

Ravina said to Ameimar: Does Rabbi Yehuda HaNasi really expound verses through the method of amplifications and restrictions? But doesn’t Rabbi Yehuda HaNasi expound verses through the method of generalizations and details with regard to an awl?

This is as it is taught in a baraita: The Torah provides 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 thorn of a palm, and a thorn, a needle, and a gimlet, and a stylus for writing on wax, as valid tools for piercing his ear? 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 we say with regard to this dispute: About what do they disagree? Rabbi Yehuda HaNasi expounds verses using the method of generalizations and details, and Rabbi Yosei, son of Rabbi Yehuda, expounds verses using the method of amplifications and restrictions.

Ameimar answers: Yes, generally Rabbi Yehuda HaNasi expounds verses using the method of generalizations and details, but here, with regard to the redemption of the firstborn, this is the reason he expounds the verses using the method of amplifications and restrictions: He holds in accordance with that which the school of Rabbi Yishmael taught.

As the school of Rabbi Yishmael taught: When defining which fish it is permitted to eat, the verse states: “This you may eat, from whatever is in the water, anything that has fins and scales in the water, in the seas and in the streams” (Leviticus 11:9). The verse first states the general term “in the water,” “in the water,” mentioning it twice, and only afterward mentions the details, i.e., “in the seas and in the streams.” When the general and detailed phrases are ordered in this way, they are not expounded as a generalization and a detail, but rather the verse amplified and restricted. Similarly, although Rabbi Yehuda HaNasi generally expounds verses using the method of generalizations and details, with regard to the redemption of the firstborn, since the verse mentions the two general terms first and mentions the specific detail only afterward, he expounds it using the method of amplifications and restrictions.

The Gemara asks: And with regard to the Rabbis, why do they expound the verse about the redemption of a firstborn as a generalization and a detail? The Sages say: This is like they say in the West, Eretz Yisrael: Wherever you find two generalizations juxtaposed to each other, followed by a specific detail, place the detail between the two generalizations and thereby expound them as a generalization and a detail followed by another generalization.

§ The mishna teaches: And one may not redeem a firstborn with consecrated items. The Gemara asks: Isn’t it obvious? Consecrated items are not his. The Gemara answers: Say that

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

Bechorot 51a examines the Sanctuary shekel valuation for fixed fines like rape and defamation, and rules on paying Temple dues strictly in coin.