intended to increase the knowledge, interest, and anticipation of the reader, thereby hastening the realization of our hopes and prayers for the rebuilding of Jerusalem and the Beit HaMikdash.

Kadesh Li Chol Bechor - Firstlings
One of the twenty-four Matanot (gifts) which a Yisrael is required to give to a Kohein, is the male firstborn of domesticated animals, i.e. cattle, sheep and goats. The firstlings of wild animals are specifically excluded. One source of this Halacha is Shemot 13:2, "Sanctify unto Me all firstborn, whatsoever openeth the womb among the Children of Israel, both of man and beast; it is Mine." While the firstborn of a Yisrael is redeemed (Pidyon HaBen), the Torah says, "…the firstborn of a cow or the firstborn of a sheep or the firstborn of a goat, you shall not redeem; they are holy; you shall throw their blood upon the Altar and their fat, you shall cause to go up in smoke, a fire-offering... their meat shall be yours" (Bamidbar 18:17,18). Therefore, in fulfillment of the Mitzva, the owner of the Bechor presents the firstling to a Kohein of his choice. Subsequently, the Kohein offers it as a Korban. The Mishna reads, "The Bechor, the tithing of animals, and the Korban Pesach are of the class of Korbanot called Kodashim Kalim - sacrifices of a lower level of sanctity. They could be slaughtered anywhere in the Azara and their blood application on the Altar requires one sprinkling, provided that it is done against the base of the altar. The meat of the Bechor was eaten only by the Kohanim…" (Zevachim 5:8). The Rambam explains, "The Torah says, 'Their meat (of the Bechor) shall be yours, just like the breast of the waving and the right foreleg." These were portions of other Kodashim Kalim that the Torah assigned to the Kohein. "And all these - including the meat of the Bechor - may be eaten by the Kohanim's wives, sons, daughters, servants (i.e. Eved K’naani and Shifcha K’naanit)... “Bechor” all must be eaten within (the walled city) of Jerusalem as it is said, '...you shall eat the breast of the waving and the right foreleg in a place of purity.'" Just as the breast of the waving and the right foreleg must be eaten in a place of purity, so too must the meat of the Bechor, which the Torah listed together with them, be eaten in a place of purity. "The Torah does not say that these things have to be eaten in a holy place, viz. the Azara; it does say that they must be eaten in a place of purity - in Jerusalem" (Ma'asei Korbanot 10:5).

The Rambam posits that the meat of the Bechor, like almost all Kodashim Kalim "is eaten on the day of sacrifice, the entire night and the following day until sunset" (ibid 10:6). However the Ramban demurs, "It is a Mitzva to eat of the meat of Kodashim Kalim on the day of slaughter. It is not permitted to leave it all for the next day. Only what is accidentally left over may be eaten the following day" (Vayikrah 7:16). As with all sacrificial meat, it had to be eaten in a state of ritual purity and the Kohein could prepare it any way he chose.

The Bechor given to the Kohein cannot be an abnormal animal. "If a ewe gave birth to what looked like a kid, or a goat gave birth to what looked like a lamb, the newborn is exempt from the Law of Firstlings" (Bechorot 2:4). "If a ewe which had never given birth, bore two males and both heads came forth simultaneously, R Yossi HaGalili says that both lambs belong to the Kohein since the Torah says, "...the males are for the Lord…" (Shemot 13:12). The Sages say that it is impossible to ascertain which lamb came out first, therefore one falls to the owner and the other to the Kohein. R. Tarfon, himself a Kohein, says that the Kohein chooses the better one. (According to his perspective, the stronger lamb would certainly emerge first.) R. Akiva says that the owner and the Kohein decide among themselves…" And whoever gets the fatter lamb must pay the other, half of its excess value. If the ewe gave birth simultaneously to a male and female lamb, the Kohein gets nothing (Bechorot 2:7). A first- ling born by "caesarian section" is disqualified and the Law of Firstlings does not apply. The Law of Firstlings applies whether the animal is "perfect or flawed". The owner could not give the firstling to the Kohein immediately upon birth. He was required to keep "small cattle" (kids, lambs) at least 30 days and "large cattle" (calves) at least 50 days to spare the Kohein the trouble of taking care of the animal in its first days. But it did have to be delivered to the Kohein, sacrificed and its meat eaten within the first year. Bechorot (firstlings) of Kohanim and Leviyim were also subject to the Law of Firstlings. The Kohein had to offer his Bechorot as Korbanot and then eat his portion of the sacrificial meat in a state of purity. A firstling given to a Kohein, not suitable for sacrifice, could be eaten even with its defects, but only as Chulin - non-sacred food. If a "perfect" Bechor developed a blemish, and a Mumcheh, (certified expert or in cases of more obvious blemishes and in the absence of a Mumcheh, three members of Sanhedrin) attests that the animal is unfit for sacrifice, then the animal became Chulin. Then even a Yisrael was permitted to eat of its meat; however, the meat could not be sold in the market.

Since the destruction of the Beit HaMikdash, a Bechor may still be given to the Kohein, but he is not permitted to make use of it; (e.g. he cannot plow with it, shear its wool, etc.) Since today, it cannot be sacrificed, it must be put out to pasture until it develops a defect and then he may eat it as Chulin. If the Yisrael owned an animal jointly with a non-Jew, the firstborn does not acquire the sanctity of a Bechor even "if the non-Jew owns only one thousandth of a percent"… "For every first- born is Mine; on the day that I struck down every firstborn in the Land of Egypt, I sanctified every firstborn in Israel, from man to beast; they shall be Mine - I am the Lord." (Bamidbar 3:13) - all the firstborn in Israel are sanctified, but not the firstborn owned (even partially) by non-Jews." Only a firstling that belongs entirely to a Yisrael is presented to the Kohein. The Law of the Firstling is applicable both in Eretz Yisrael and abroad. Today, there is a rabbinic requirement to bring a non-Jew into token partnership of the pregnant mother, thus avoiding the sanctity of the firstling. Thereby, many Halachic and practical difficulties are avoided.

The Bechor was the only Korban to have a gate named after it in the Beit HaMikdash. "The Azara had seven gates… three in the south; Sha'ar HaDelek, Sha'ar HaBechorot (the Gate of the Firstlings) and Sha'ar HaMayim…" (Middot 1:4). Teferet Yisrael speculates why. "They used to bring the Bechorot through Sha'ar HaBechorot. The Kodshei Kodashim - the sacrifices of a higher level of sanctity - were slaughtered only north of the Mizbei'ach. Since the meat of Bechorot, unique among the Kodashim Kalim (but just like the Kodshei Kodashim), was all given to Kohanim, the Mikdash authorities were fearful that one day, Bechorot might be mistakenly confused with the Kodshei Kodashim. As a result, the Bechorot sacrifices might possibly come to be disqualified when they were slaughtered south of the altar. To counter this potential error, they named a gate in the southern wall of the Azara after the Bechorot to emphasize the fact, that, like all Kodashim Kalim, Bechorot could indeed be slaughtered in the southern side of the Azara."

Catriel Sugarman gives illustrated lectures on the Beit Hamikdash and related topics. He can be reached at (02) 652-7531 or by email at acatriel@netvision.net.il. Catriel is in the process of writing a book entitled: The Temple of Jerusalem, A Pilgrim's Perspective: A Guided Tour through the Temple and the Divine Service.

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