MEANING IN MITZVOT by Rabbi Asher Meir

Each week we discuss one familiar halakhic practice and try to show its beauty and meaning. The columns are based on Rabbi Meir's Meaning in Mitzvot on Kitzur Shulchan Arukh.

IMPORTANT CORRECTION!
The last column, preceding Pesach, contained a significant inaccuracy. The column indicated that the first-born of the father does not need to fast (or participate in a siyum) on Erev Pesach. Actually, the Shulchan Aruch explicitly states that such a first born does participate in the fast. I apologize for the error.

The explanation we gave, however, does not really need to be altered. The reason the commentators give for including the first-born of the father is that he is a first-born for the purpose of inheritance; in other words, the emphasis is on an inherent and inborn status decreed by the Torah, as opposed to some conventional social elevation. Thus, according to the approach of the Netziv we may say that these firstborns were inherently drawn to the Divine Presence, as opposed to others who were drawn by an acquired sense of importance.

This week's column continues with the laws of the...
Firstborn of Kosher Animals
The firstborn male offspring of any kosher animal (of the category known as B'HEIMA, domesticated animal, as opposed to CHAYA, "wild" animal - specifically, animals fit for the Altar) is sanctified, even without any special act on part of the owner. It must be given to a Kohen, who must eat it as a sacrifice. Today there are no sacrifices, so the Kohen must wait until the animal develops some blemish which disqualifies it for a sacrifice, and then it may be eaten like any other kosher animal. Some special customs of respect are obligatory to show that originally this animal was designated for a sacrifice (SA YD 306).

This commandment, as well as its rationale, is explicit in the Torah: "Sanctify to Me all firstborn, the opening of the womb of the children of Israel, the people and the animals, they are mine... And you shall pass all opening of the womb to HaShem; and all opening of the foaling of animals that shall be to you, the males are to HaShem. And the firstborn of an ass shall you redeem with a sheep, and if you don't redeem it then break its neck; and all firstborn people of your sons, redeem. And it will be, when your son will ask you tomorrow saying, What is that? Say to him, with a mighty hand HaShem took us out of Egypt, from the house of bondage. And when Pharaoh refused to send us out, then HaShem killed all the firstborn in the land of Egyt, from the firstborn people to the firstborn of the beast; therefore I sacrifice to HaShem all opening of the womb of the males, and the firstborn of my sons I redeem" (Shemot 13:2, 12-15).

In other words, this observance is a commemoration and a thanksgiving for the salvation HaShem wrought at the time of the Exodus, when he smote the firstborn of the Egyptian flocks and saved those of the Jews.

We can understand the symbolism of this commandment in a profound way based on two principles which we have seen before: animals represent man's animal nature, with kosher animals symbolizing that aspect of man's base nature which is capable of elevation to G^d's service; whereas the firstborn represents the original or ideal aspect of something.

The fact that many animals are kosher shows that our material nature is not inherently evil or wicked. Rather, it is a neutral power capable of being used positively or negatively. A person can eat in order to give himself strength to do HaShem's will, or even in order to enjoy himself with the consciousness that his enjoyment is an expression of HaShem's lovingkindness; alternatively, he can eat in order to indulge his body at the expense of his spirit.

The pagan Egyptian culture was a hedonistic one, which elevated the pleasures of the body into a kind of worship. This is one way of under- standing Rashi's statement that the Egyptians worshipped the kosher animals that the children of Israel ate. (Bereshit 43:32, Shemot 8:22.) The firstborn kosher animals of the Egyptians represent the essence of this approach to pleasure; this was why HaShem smote the firstborn animals of Egypt, just as He smote their other gods.

Conversely, the children of Israel were devoted to elevating man's material nature and harnessing it in G^d's service. This principle was worthy of affirmation and the firstborn animals of the Jews were spared.

However, from that time onwards the firstborn of the flocks and herds are not only potentially holy; they are in fact sanctified from the womb. Once the Jewish people, as a united nation, accept upon themselves the yoke of HaShem's commandments, our base nature is inherently elevated; it is automatically dedicated to holiness. The "birth of a nation" in Egypt was a critical step back to the perfection of the Garden of Eden, where animals were forbidden as food (Bereshit 1:29-30). This is symbolized by the inherent sanctity of specifically the firstborn, which may not be eaten in a normal way but rather must be offered to HaShem - Who in turn gives a portion to the Kohanim, who "eat from the Divine table" (Beitza 21a).
This reparation of our base nature is still only at the level of an ideal, represented, as we explained, by the first- born. Subsequent births, or even the firstborn itself after it develops a blemish, may be eaten by any person. But it still belongs to the Kohen and must be eaten, not used for some other purpose, to remind us of the special potential for holiness which it once bore. (Based on Likutei Halakhot, Breslav, laws of first-born kosher animals.)

Next week, IY"H, The Firstborn Donkey

Ed. note: The Mitzva of the Firstborn cow/goat/sheep applies in our time. This means that even without the Beit HaMikdash, which is necessary for the "follow-through" of this mitzva, the mitzva itself of sanctifying the firstborn (if it is a male) of one's kosher farm animals still applies. This creates a potentially problematic situation of a kohein's receiving one of the gifts that the Torah provides for him, without his being able to benefit from it at all. In fact, if a non-kohein were to perform this mitzva and present a kohein with a young calf, lamb, or kid (at age 50 days, 30 days, 30 days respectively), if the animal were to remain healthy and blemish-free, the kohein would be obligated to feed and care for the animal for its entire lifetime, without ever deriving benefit from it. High expenses; no income at all. Shearing a sheep, for example, could be done only when the fleece becomes burdensome to the animal, and the wool would have to be buried. No benefit at all is permitted. Not even to make tzitzit. In addition to the burden upon the kohein, there would be increasing tempation to inflict a blemish on the animal (with the thought that the animal then would become the property of the kohein and benefit from it would be allowed). Doing so would be a serious sin on the part of the kohein. Therefore, Shulchan Aruch instructs us to avoid this mitzva in the first place. It involves becoming a partner with a non-Jew in the ownership of the pregnant animal, so that when the offspring is born, it will have no sanctity and the mitzva will not apply at all. How sad that the Sages must command us to avoid a mitzva. But necessary.

“Meaning in Mitzvot” is undergoing intensive editing, and BE"H and the help of loyal supporters, we hope to have the book out soon. If you would be interested in helping with publication, please contact Rabbi Meir about making a dedication or subscription (advance purchase): mail@asherandattara.com, fax 02-642-3141

Rabbi Meir authors a popular weekly on-line Q&A column, "The Jewish Ethicist", which gives Jewish guidance on everyday ethical dilemmas in the workplace. The column is a joint project of the JCT Center for Business Ethics, Jerusalem College of Technology - Machon Lev; and Aish HaTorah. You can see the Jewish Ethicist, and submit your own Qs — www.jewishethicist.com or www.aish.com.