Talmud - Bekhorot 7a בכורות ז׳ א׳

it is different from an ordinary camel and has some characteristics of its mother, perhaps it is permitted to eat it. Or perhaps there is no difference, and with regard to consumption Rabbi Shimon also requires that its head and the majority of its body resemble its mother.

The Gemara suggests: Come and hear a proof from a baraita: With regard to a kosher animal that gave birth to a non-kosher animal of sorts, the offspring is forbidden for consumption, in accordance with the opinion of Rabbi Shimon; but if its head and the majority of its body are similar to its mother, it is obligated in, i.e., subject to the obligations of, firstborn status. Learn from it that with regard to consumption, Rabbi Shimon also requires that its head and the majority of its body resemble the mother.

The Gemara rejects the proof: No, the requirement that its head and the majority of its body resemble the mother is relevant specifically with regard to firstborn status. The Gemara comments: The language of the baraita is also precise, as the tanna leaves the halakha of consumption with which he began and addresses the halakha of firstborn status. Learn from it that it is with regard to firstborn status that Rabbi Shimon requires that its head and the majority of its body resemble the mother, but with regard to consumption he does not require this, and even a partial similarity suffices.

The Gemara rejects this conclusion as well: Actually, I will say to you that with regard to the permissibility of consumption he also requires that its head and the majority of its body be similar to the mother. But it was necessary to state this condition specifically with regard to the halakha of firstborn status, as it might enter your mind to say that since it is written: “But the firstborn of an ox” (Numbers 18:17), perhaps firstborn status does not apply unless it is an ox and its firstborn is an ox, and a resemblance of the offspring’s head and the majority of its body to the mother does not suffice unless its whole body has the appearance of an ox. Therefore, the tanna teaches us that a resemblance of its head and the majority of its body to the mother do suffice.

The Gemara suggests: Come and hear a proof from a baraita: The Torah states: “Nevertheless these shall you not eat from them that only chew the cud, or from them that only have a split hoof: The camel” (Leviticus 11:4). The phrase: “From them that only chew the cud,” which is referring to animals that are forbidden for consumption, indicates that a camel or other non-kosher animal that is born to a kosher animal is forbidden. Furthermore, the word “these” teaches that concerning these animals that resemble a non-kosher animal, you may not eat them when they are born to a kosher animal, but you may eat a non-kosher animal that comes with one characteristic of its mother.

And which animal is this that comes with one characteristic of its mother? This is a non-kosher animal that is born from a kosher female animal and its impregnation came from a kosher male animal.

The baraita continues: One might have thought that even if its conception came from a non-kosher male animal it should be permitted. Therefore, the verse states: “These are the beasts which you may eat: “The ox, the sheep [seh kesavim], and goat [veseh izzim]” (Deuteronomy 14:4). The plural form of “kesavim” and “izzim” indicates that a lamb is not kosher unless its father is a male lamb and its mother is a female lamb. This is the statement of Rabbi Yehoshua.

Rabbi Eliezer says: Offspring whose father and mother are both kosher are permitted, and this verse which renders permitted an offspring that partially resembles its mother does not come to permit that which is permitted, i.e., where both parents are kosher, but it comes rather to add to that which is permitted; and which case is this? It is a case of a non-kosher animal that is born from a kosher animal and its conception came from a non-kosher animal. Or perhaps it permits only an animal whose conception came from a kosher animal? The verse states: “The ox, the sheep [seh kesavim], and goat [veseh izzim].” The repetition of the word seh indicates that it is permitted to be eaten in any case, even if only its mother was a ewe.

In any event, the tanna of this baraita refers to a non-kosher animal that was born to a kosher animal as non-kosher, in accordance with the opinion of Rabbi Shimon, who deems a camel that was born to a cow forbidden to eat, and he says: But you may eat a non-kosher animal that comes with one characteristic that is similar to its mother. Apparently, Rabbi Shimon does not require that the head and the majority of the body resemble the mother for it to be rendered fit for consumption.

The Gemara responds: No proof may be brought from here, as this tanna holds in accordance with the opinion of Rabbi Shimon with regard to one matter, where a kosher animal gave birth to a non-kosher animal, maintaining that it is forbidden, and disagrees with his opinion with regard to one other matter, where the animal has some characteristics of the mother, in which case this tanna deems it permitted to be eaten. Concerning the second matter, Rabbi Shimon deems it forbidden unless the head and majority of the body resemble the mother.

The Gemara comments that there are those who raise a difficulty with this baraita and resolve it, thereby resolving the dilemma concerning the opinion of Rabbi Shimon: The baraita states that the kosher animal’s impregnation came from a non-kosher animal. Can a kosher animal become pregnant from a non-kosher animal?

But doesn’t Rabbi Yehoshua ben Levi say: A non-kosher animal never becomes pregnant from a kosher one, e.g., a camel from an ox, nor a kosher animal from a non-kosher one, e.g., a cow from a horse, nor a large animal from a small animal, e.g., a cow from a goat, nor a small one from a large one, e.g., a ewe from an ox, nor a domesticated animal from an undomesticated animal, e.g., a goat from a deer, nor an undomesticated animal from a domesticated animal, e.g., a gazelle from a goat.

With regard to all these cases, everyone agrees that pregnancy is impossible except for Rabbi Eliezer and his disputants, who would say that an undomesticated animal can become pregnant from a domesticated animal (see Ḥullin 79b). Those Sages disagree with regard to whether slaughtering the offspring of a gazelle that became pregnant from a goat is included in the prohibition against slaughtering a mother and its offspring on the same day.

And Rabbi Yirmeya says in response to the difficulty: When the baraita discusses the case of a kosher animal that became pregnant from a non-kosher animal, the reference is to a case where the kosher animal became pregnant from an animal with closed hooves that is the offspring of a cow. A cow can become pregnant from such an animal because the mother of that animal was a cow. And the tanna of the baraita said his opinion in accordance with the opinion of Rabbi Shimon, that a non-kosher animal that was born from a kosher animal is considered non-kosher, and he says: But you may eat that which comes with one characteristic of its mother. Apparently, Rabbi Shimon does deem permitted the consumption of an animal with some characteristics similar to its mother.

The Gemara responds: This tanna holds in accordance with the opinion of Rabbi Shimon with regard to one matter, where a kosher animal gave birth to a non-kosher animal, maintaining that it is forbidden, and disagrees with his opinion with regard to one other matter, where the animal has some characteristics of the mother, in which case this tanna deems it fit for consumption. Concerning the second matter, Rabbi Shimon deems it forbidden unless the head and majority of the body resemble the mother.

§ The Gemara asks concerning the dispute between Rabbi Eliezer and Rabbi Yehoshua in the baraita: Is this to say that Rabbi Eliezer holds that when both this and that cause it, i.e., both permitted and forbidden items contribute to a result, the result is permitted, and he therefore permits the consumption of the offspring of a kosher animal that became pregnant from a non-kosher animal; and Rabbi Yehoshua holds that when both this and that cause it, it is forbidden?

But we have heard them saying the opposite: With regard to the offspring of an animal with a wound that will cause it to die within twelve months [tereifa] and is forbidden to be eaten or sacrificed as an offering upon the altar, Rabbi Eliezer says: The offspring may not be sacrificed upon the altar either, despite the fact that its father is kosher, and Rabbi Yehoshua says: The offspring may be sacrificed upon the altar despite the fact that its mother is a tereifa, since its father is kosher.

The Gemara answers: Generally, Rabbi Eliezer holds that when both this and that cause the result, it is forbidden. But it is different here in the case of a kosher animal that became pregnant from a non-kosher animal, because if it is so, i.e., that the offspring is forbidden, let the verse write: Sheep and goats [seh kesavim ve’izzim]. Why do I need the verse to repeat the term “seh” in the phrase “seh kesavim veseh izzim”? Learn from it that a seh is permitted in any case, i.e., even if only the mother is kosher it is permitted to eat the offspring.

And as for Rabbi Yehoshua, he could have said to you: Generally, if both this and that cause the result it is permitted. But here it is different, as if so, i.e., if the offspring of a kosher animal that became pregnant from a non-kosher animal is permitted, let the verse write: These are the animals that you may eat: An ox, a lamb, and a goat. Why do I need it to state: “Seh kesavim veseh izzim,” in the plural? Learn from it that the offspring may not be eaten unless its father is a male lamb and its mother is a female lamb.

§ The Gemara returns to the dilemma of whether Rabbi Shimon permits the consumption of the offspring of a kosher animal that resembles a non-kosher animal but has some of the characteristics of its mother. Come and hear a proof from a baraita: Rabbi Shimon says it is stated: “Camel” (Leviticus 11:4), “camel” (Deuteronomy 14:7), i.e., the term is written two times with regard to the prohibition against consumption. This teaches that both a camel that is born from a camel and a camel that is born from a cow are non-kosher. And if in the latter case its head and the majority of its body are similar to its mother, it is permitted for consumption.

Learn from it that not only with regard to firstborn status, but with regard to consumption as well Rabbi Shimon requires that its head and the majority of its body resemble the mother, and a partial resemblance does not suffice. The Gemara concludes: Indeed, learn from it that this is so.

§ The mishna (5b) teaches: This is because that which emerges from the non-kosher animal is non-kosher and that which emerges from the kosher animal is kosher. The Sages raised a dilemma before Rav Sheshet: With regard to the urine of a donkey, what is the halakha? Is it forbidden, like the milk of a donkey?

The Gemara asks: And should they raise the dilemma also with regard to the urine of horses and camels? The Gemara answers: With regard to the urine of horses and camels they did not raise the dilemma, as their urine is not turbid and consequently is not similar to milk. Rather, water enters their body and water exits their body. When they raised the dilemma it was concerning the urine of a donkey, which is turbid and is consequently similar to milk. What is the halakha? Does it get excreted from its body, and it is therefore forbidden, or perhaps water enters and water exits, and the fact that it is turbid is due to the heat of the flesh?

Rav Sheshet said to them: You learned the answer in the mishna: This is because that which emerges from the non-kosher animal is non-kosher and that which emerges from the kosher animal is kosher. From the fact that it does not state: That which emerges from a non-kosher animal [mittamei], meaning from the body of a non-kosher animal, but rather it says: From

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

Bechorot 7a examines whether Rabbi Shimon requires head and body resemblance to the mother for both permitted consumption and firstborn status of unusual offspring.