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We learned that the kohen's gifts are strict: they apply to all animals, many or few, while the first fleece is more lenient. But there is yet another stringency: kohen's gifts do not apply to a sick animal (terefah), why is this not mentioned? – Because the author of our ruling is Rabbi Shimon, who says that the first fleece also does not apply to sheep that are terefah either – because the Torah used the same word “give” here and in discussing animal tithe; the tithed animal “walks under the rod” and terefah sometimes cannot walk.
The first fleece is given to a kohen only from sheep, because the word "shearing" used by the Torah only applies to sheep, and goat hair is “plucked.” This meaning of the word "shearing" becomes clear from the book of Job: “from the fleece of my sheep he warmed himself.”
“Any amount” of fleece that the Sages require to be given to a kohen was only said in contrast to Rabbi Yose's eight pounds, but really they mean about five times less than that, and there are four opinions about their opinion.
Art: Paolo Veronese (Caliari) - Portrait of a Man in a Fur Coat
When the Torah say “your” in singular, it refers both to each individual Jew, and to the whole Jewish people. Therefore, the law it discusses applies to an individual as well as to a partnership. For example, when it says, “The first of your (singular) fleece give to a kohen,” this applies also to sheep of partners. Rabbi Ilai disagrees and holds that “your” in singular refers to an individual, but partners shearing their flock need not give the first fleece to a kohen.
Furthermore, in talking about the first of the fleece, the Torah uses the word “give,” and the same word is used in describing the kohen's portion of the grain. This, according to Rabbi Ilai, tells us that just as the kohen's portion of grain is given only in Israel, so too the first fleece is given only in Israel.
Finally, the same word "give" is used in describing kohen's gifts. And, just as the kohen's portion of the grain is given only in Israel, it should follow that according to Rabbi Ilai, the kohen's gifts are given only in Israel. Rabbi Yose said, “Indeed, that is the opinion of Rabbi Ilai.”
Art: George Lambert - Weighing The Fleece
Another gift given to a kohen is the first of the fleece. Since the Torah said, “And the first of the fleece of your flock you shall give to him (the kohen),” whenever one shears his sheep, he must give part of the fleece to a kohen. This mitzvah is not connected to land, and thus applies both inside of Israel and outside. It also applies whether the Temple is standing or not. However, since the Torah said “your flock”, we understand that the flock of the Temple is not included, and thus one does not give to a kohen fleece from sacrifices.
The previously discussed gifts of foreleg, jaw, and abomasum are more stringnent in that they apply to sheep and cows, whether many or few. In contrast, the first of the fleece only applies to a flock of sheep, and to a significant shearing. What is a flock? Two sheep according to Bait Shammai, and five sheep according to Bait Hillel. What is a significant shearing? Rabbi Dosa says, “Five sheep each giving one-and-a-half maneh of wool, which amounts to eight pounds,” but the Sages say, “Five sheep shorn in any amount.”
Art: John Frederick Tayler - Sheep Shearing
If someone converted to Judaism and he owned a cow, then if the cow was slaughtered before he converted, he is exempt from giving kohen's gifts from that cow, and if the cow was slaughtered after his conversion, he is obligated to give them. If it is uncertain which came first, he is exempt – because the burden of proof of ownership falls on the kohen who cannot prove it with certainty.
What exactly constitutes the foreleg given to a kohen? – From the carpus (knee) to the shoulder blade. The foreleg of a nazir's offering, coming from a ram, which is cooked and waved, is defined the same way. So is that portion of the hind leg which is given to a kohen from each peace offering. Rabbi Yehudah says that only the middle part of the thigh is given to a kohen.
What is a jaw? The portion that extends from the joint of the jaw to the opening of the trachea, and the tongue is included with it. Actually both jaws are meant. The kohanim merited the gifts because of Pinchas, who threw the spear with his right arm, and prayed with his jaws.
Art: Max Liebermann - Farmer and Cow
The kohanic gifts, such as the foreleg, must be eaten roasted and with mustard, like kings usually eat, since the Torah gave them “for greatness.” Alternatively, one eats them in any manner he likes, again, like kings. Rav Chisda said, “Any kohen who does not know the laws of all twenty-four kohanic gifts (like the one just stated) is not given the gifts.” But we learned that any kohen who does not accept the kohanic services should not be given gifts, so his acceptance is the criteria, not his knowledge?! – With this, Rav Chisda is disproved.
Abaye, who was a kohen, said, “At first I would grab the gifts, to show love for the mitzva. Once I learned the phrase 'the owner will give', I understood that it is improper to grab, and started asking for them instead. After I learned that the sons of Shmuel 'turned aside after monetary gain' by asking for their portion, I would only take if given. When I learned about the Bread of Vision that the discreet kohanim would withdraw their hands, and only gluttons took, I do not even take, except on the day before Yom Kippur, to remind the people that I am a kohen.”
Art: Gabriel Metsu - The Feast Of The Bean King
Ulla used to give kohen's gifts to a kohenet – a daughter of a kohen. Why? When the Torah told to give the gifts to a kohen, we understand that a kohenet is excluded. However, when it said the word “kohen” again, this is a double exclusion, which always means an inclusion, and a kohenet is now included. Rav Pappa was married to a kohenet, and people would bring him kohen's gifts.
A first male of kosher animal is normally given to a kohen. If one firstborn became mingled with a hundred animals belonging to different people, and each owner slaughters his animal, nobody gives kohen's gifts. Each owner can claim that it is he who is slaughtering the firstborn, and kohen's gifts are not applicable to his animal. Even though the majority of the animals are obligated in kohen's gifts, in money matters we do not follow the majority, but the prevailing rule is that one who wants to extract money from his fellow needs to bring a proof to his claim, and here the kohen looses. However, if one person slaughters all of the animals, he needs to give kohen's gifts from all but one animal.
Art: Eugène Verboeckhoven - A Panoramic Summer Landscape With Cattle Grazing In A Meadow By A Windmill
We learned that the foreleg, jaw, and abomasum of a slaughtered animal are a kohen's portion and should be given to him. However, Rav Chisda said that if one damages or eats these gifts, he does not have to pay. That is because the Torah said “This shall be his due” - meaning, only while “this” due is extant. The Talmud challenges Rav Chisda's ruling seven times, but Rav Chisda defends it each and every time.
For example, if a person of means runs out of funds while in travel, he is allowed to take the poor people's portion, that is, grain that fell, was forgotten, or remained at the corners of a field and was designated by the Torah for the poor. Still, when he comes back home, he needs to send the money to the poor people of that place, in order to repay them. By the same token, one should repay the kohen for his gifts that he damaged or ate!? Rav Chisda answers that to repay the poor is a decent act, but not a requirement, and the same goes for the kohen's gift.
Art: Alessandro Sani - A Gift From Grandpa
