Sunday, December 18, 2011

Bechorot 34 – Blemish Caused on Purpose

If one intentionally blemished the ear of a firstborn animal, Rabbi Eliezer forbids the slaughter based on this and on all future blemishes, since without this future penalty the person has nothing to loose: he could not slaughter it before and can't slaughter now. However, if we penalize him for the future, that will stop him. The Sages also forbid the slaughter based on this blemish, but they do allow it should a new, unrelated blemish occur. The Sages penalize him just for what he did, but not for the future.

If one blemished the ear of a firstborn animal and then died, is his son permitted to slaughter it? Did the Sages penalize only him or even his son? Now, you cannot derive the answer from the case where one sold his slave to an idolater, and the Sages did penalize his son and required him to redeem the slave, since every day the idolater forces the slave to transgress the Torah. Rather, compare this to one who improved his fields in the seventh year, Shmita, and then died, and the Sages allowed the son to use the field. We see thus that the son is not penalized.

Art: Harmenszoon van Rijn Rembrandt - Samson Accusing His Father In Law

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