Bechorot 46 – Firstborn For Inheritance But Not for Kohen

Some blemishes apply only to animals but do not prevent a Kohen from serving in the Temple: if a calf mother was sacrificed that day, one cannot bring her offspring, but a Kohen and his son can serve on the same day; an animal that is terefah (sick and therefore not kosher), one delivered by Caesarean section, and one with whom bestiality was committed – all cannot be brought as sacrifices, but these situation do not disqualify a Kohen. A Kohen married to a woman prohibited to him cannot serve until he vows to divorce, and likewise one who visits cemeteries.

A child can be a firstborn for inheritance but not a firstborn for a Kohen – that is, he does not need to be redeemed by giving five silver coins to a Kohen. How so? If a woman was pregnant with twins, and the head of one emerged first, but then retracted and he died, and the second child was born healthy. The firstborn for a Kohen is the one who “opened the womb of his mother,” and that was the first child. The firstborn for inheritance is the first viable child, and that is the second one.

Art: Salomon de Bray - The Twins Clara and Aelbert de Bray

Bechorot 45 – Blemishes of Legs and Hands of a Kohen

Some of the foot blemishes include: if he puts his feet together while sitting down and cannot bring his knees together, if his feet are broad and flat like those of a goose, if his toes are joined together – however if they are joined only from the foot until the middle join, he is fit.

One who has extra digits in his hands and feet, that is, six on each – Rabbi Yehudah declares him fit, but the Sages say that he is unfit. They argue about a phrase in Samuel, “There was another war, and there was a man of huge stature, with six fingers on his hands and feet.” The Sages consider these words a shame, but Rabbi Yehudah considers them a praise.

A left-handed Kohen cannot serve in the Temple because he lacks a legally recognized right hand, and many services require it. An ambidexterous Kohen – Rabbi Yehudah the Prince assumes that this is due to the weakness in the right hand, which makes it a blemish, but the Sages say that it is his left hand that grew unusually strong, thus, he is fit.

Art: Pietro Longhi - The Giant Magrat

Bechorot 44 – Three Groups of Blemishes in a Kohen

We saw that a Kohen may be disqualified because of a full-fledged blemish described in the Torah, or because of some lighter irregularity that makes him look different from a typical descendant of Aharon. What is the practical difference between the two? Both types cannot serve in the Temple and are liable to lashes if they do, but only the first one makes the actual service invalid.

There is also a third group of disqualifications, called “unsightly appearance,” such as one with a sunken nose or whose lashes have fallen out. If such a Kohen serves in the Temple, he merely transgresses a commandment derived by implication, for which there is no punishment.

Further blemishes, some more strict, some less, and some added by the Sages, include an eye as large a calf's eye, or as small as that of a goose, a body too large for the limbs, or the limbs too large for the body, ears too small, an upper lip protruding beyond the lower one, and teeth that have fallen out – the last one because of unsightly appearance. Also included are abnormally bulging breasts and belly.

There are 50 blemishes shared with animals and 90 unique to Kohanim.

Art: Cuyp Jacob Gerritsz - Boy with a Goose

Bechorot 43 – Blemished that Disqualify a Kohen

All blemishes that disqualify a firstborn animal from being a sacrifice also disqualify a Kohen from serving in the Temple. Moreover, there are blemishes for animals that are not listed for Kohanim, and vice versa, but in truth all blemishes listed for one apply to the other. This is learned from the use of an extra word “wart” that is found in both laws and that connects them. Without this connection, we could argue that an animal's law should be stricter, since it itself is brought on the Altar, or alternatively that the Kohen's law is stricter, since he can perform many Temple services.

Unique to Kohanim is a requirement to be a typical descendant of Aharon. Thus it becomes a blemish to have a deformed head, and a hunchback, although Rabbi Yehudah declares a hunchback fit for Temple service. A bald-headed man is unfit. What is defined as bald? Whoever has no ring of hair circling from ear to ear.

A disqualified Kohen may still eat of the Kohanim's portions, and he has a claim to an equal share, together with all the members of his family, when the family gets its turn to serve in the Temple.

Art: John Constable - Portrait of a Balding Man

Bechorot 42 – Undefined Gender, According to Rav Chisda

Rav Chisda said, “Even if an androgyne (a being with both male and female genitals) is to be considered a separate gender, but a being of undefined gender (genitals covered by skin) is definitely either a male or a female, except that we don't know which. A practical consequence of this viewpoint is that a firstborn animal of undefined gender is to be treated as a potential firstborn male, not to be worked, and not to be slaughtered until it develops a blemish. Talmud is now going to challenge this.

One can donate a personal valuation to the Temple (subject of the next Tractate), which is defined only for a definite male or a female, but not an androgyne and not an undefined gender. But God knows about every being of undefined gender what it really is, so why did the Torah have to exclude it?! Rav Chisda will answer, “The text of the rule is incorrect, it should not include undefined gender.” Several more challenges will be deflected in a similar way, and it will turn out that the disagreement dates back to much earlier times, with both points of view being equally valid.

Art: David The Younger Teniers - Domestic Worker Holding a Broom

Bechorot 41 – Blemishes Not Severe Enough

Certain blemishes of a firstborn male animal are enough to disqualify it from a sacrifice, but are not severe enough to allow to slaughter it outside the Temple. Their owner is left with no alternative but to wait, either until the animal develops a full-fledged blemish, or until the disqualifying condition leaves. These are: white flecks or water in the eye that are not permanent; back gums that were notched but not uprooted; an animal that has a wart or a boil, one that is old, sick, or foul-smelling; an animal which was a passive or active participant in bestiality; one that killed a person, but according to the testimony of only one witness – which prevents it from being a sacrifice but does not allow the court to execute it.

An animal whose genitals are covered with skin so that its gender it unclear, or one with both sets of genitals cannot be slaughtered anywhere, because that is another not-so-severe blemish. Rabbi Ismael considers the second set of genitals a blemish which permits to slaughter the animal. Another opinion considers such an animal a separate species to whom the laws of firstborn don't apply at all.

Art: Richard Ansdell - The Sick Lamb

Bechorot 40 – Blemishes of the Tail, Testicles, and Feet

Further blemishes: the sheath (skin pocket) of the male member that was notched; the genitals of a female animal sacrifice that were notched; the tail notched in the bone or the tip of the tail exposed to the bone. Rabbi Elazar said, "The sheath is a blemish only if notched, but if completely missing, it will eventually grow back."

A firstborn that has no testicles is blemished. If it has one testicle, Rabbi Ishmael says that if it has two pouches, it is a sign that it has a second testicle, and one need not check. Rabbi Akiva says that one needs to set it on its buttocks and squeeze, and the second testicle, if it's there, will come down, otherwise, it is a blemish. Rabbi Yochanan ben Nuri disagrees and says that even a testicle that is present but does not descend is not a blemish.

An animal that has five legs or three legs is blemished, but if a hind leg is missing, then it is in addition a terefah and cannot be eaten anyway, even with a blemish. A slipped thigh is a blemish but if  the sinews have disintegrated, it is in addition a terefah.

Art: Richard Ansdell - The Wounded Hound