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B"H
QUESTION: I am a Cohen. My frum neighbor who has a farm has approached unto me about the Mitzvah of "Bechoros," or "firstborn animals of his flock." He is intent on performing this commandment according to the Halacha. What should he do? Can I receive a firstborn goat from his flock after a blemish has befallen the animal? ANSWER: Although the Torah (Bamidbar 18:17-18) has awarded the priests of Aaron's lineage with the firsborn male of all sheep, goats, etc., and these animals were originally slaughtered by them to be eaten in a state of ritual purity, today this biblical injunction cannot be performed by them because of the general state of uncleanness suffered by all the people. Moreover, we have learned by way of an oral tradition that the owner of such animals (firstborn males of the sheep, goats or cows) can derive no benefit from the animals until they suffer a blemish in their bodies. This blemish is also contingent upon it being incapable of healing, and only then - if ever - may he slaughter such animals and make use of their flesh, and all pertinences thereof. If the owner were liberal, he would give the firstborn male sheep or goat or calf to a descendant of Aaron the priest (Cohen), and he too will wait until the animal incurred a permanent blemish, before his slaughtering it and making use of its flesh. Yet, so long as the animal has not been marred with a blemish, it is forbidden even to make use of a single hair from that animal. It can only be let out to pasture, without the possibility of ever deriving any benefit from it at all. To bypass and circumvent this problem, it is suggested that the Jewish owner of the flock enter into a co-ownership agreement with a non-Jew, regarding his flock, or herd of cattle. This co-ownership cancels all obligations in the Law of Moses concerning the firstborn males of his flock. (The reason being that a non-Jew, who has a mutual investment in the flock, is not obligated to perform our laws.) Even so, when a Jew comes into co-ownership with a non-Jewish person, he must sell him "a part" of the ewe, or nanny-goat, or cow which has never yet had issue, as well "a part" of the lambs or kids or calves which are to be born from the same. Our Rabbis have taught us, moreover, that this "sale of parts of the animal" cannot be effective until the Jew sells his co-partner a part of the animal wherein the animal's life depends (i.e. the wind-pipe and the esophagus, as an example). This suffices to cancel the obligation in the Torah concerning firstborn males. If these precautions and measures are taken, your frum neighbour may indeed take his firstborn males of the flock, and have them slaughtered forthwith, without fearing any obligation to keep the animal until it suffers a blemish. Since there was co-ownership with a non-Jew, you should honour the terms of the agreement by giving the wind-pipe and esophagus to the non-Jew. |
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