Question (Beraisa): It says regarding Bechor "Lo Sifdeh", but it may be sold;

Question: When does this apply?

Suggestion: It is nowadays.

Rejection (Seifa): "Es Damam Tizrok Al ha'Mizbe'ach" - there is no Mizbe'ach nowadays!

Answer: It must be when the Mikdash stands!

Question: What kind of animal is discussed?

Suggestion: It discusses a Ba'al Mum.

Rejection (Seifa): "Es Damam Tizrok... " - a Ba'al Mum cannot be offered!

Answer: It discusses a Tam.

Summation of question: The Beraisa permits selling a Tam when the Mikdash stands!

Answer: No. (We assumed (3:ii) that the entire Beraisa discusses the same animal. This was wrong.) The Reisha discusses a Ba'al Mum, and the Seifa discusses a Tam.

Question (Rav Mesharshiya - Mishnah): If the baby of a Kohen (Reuven) became mixed with the baby of his slave, when the children grow up, each gives a document of freedom to the other (after Reuven dies);

(Before freeing each other,) both may eat Terumah. Together they receive one portion of Terumah at the granaries;

If a (Tahor) Bechor is born to one of them, it is left to graze. He eats it after it gets a Mum.

Version #1 - Question: At what time does this apply?

Suggestion: It is nowadays.

Rejection: Nowadays, there is no difference between their Bechoros and anyone else's. All are eaten after they get a Mum!

Answer: It must be when the Mikdash stands.

Question: We understand this if a Kohen acquires a (live) Tam Bechor. (He may keep it until it gets a Mum);

However, if a Kohen does not acquire it (until it is slaughtered), the Gizbar should take it from him to offer it!

Answer: Really, the Mishnah applies nowadays;

A Yisrael must give his Bechor to a Kohen. Here, each of them can keep it, for he is a Safek Kohen.

Version #2 - Question: At what time does the Mishnah apply?

Suggestion: It is nowadays.

Rejection: Nowadays, there is no difference between their Bechoros and anyone else's. All are eaten after they get a Mum!

Answer: It must be when the Mikdash stands!

The Mishnah cannot discuss a Ba'al Mum, for it says that he keeps it until it gets a Mum. Rather, it discusses a Tam.

Inference: They cannot sell it, because each is a Safek Kohen, but a definite Kohen could sell it!

Answer: Really, the Mishnah applies nowadays;

A Yisrael must give his Bechor to a Kohen. Each Safek can keep it, for he tells the Kohen, you have no claim to it, (perhaps) I am a Kohen. (end of Version #2)

Question (Beraisa - R. Shimon): "Behemtah" (of an Ir ha'Nidachas is killed) excludes Bechor and Ma'aser. "Shelalah" (its spoils) excludes money of Ma'aser Sheni.

Question: When does this apply?

Suggestion: It is nowadays.

Rejection (Mishnah): Ir ha'Nidachas applies only when there is a Great Sanhedrin of 71!

Answer: It must be when the Mikdash stands.

Question: What kind of animal is discussed?

Suggestion: It discusses a Ba'al Mum.

Rejection: A Ba'al Mum should be killed. It is "Behemtah" like any other animal of a resident of the city!

Answer: It discusses a Tam.

Question: Granted, if a Kohen acquires a Tam Bechor, we need a verse to teach that it is not killed;

if a Kohen does not acquire it, we already know that it is not killed. We destroy only "Shelalah", but not Hash-m's belongings!

Answer: Really, it discusses a Ba'al Mum;

"Behemtah" teaches only about animals that one may eat however he wants, but not a Ba'al Mum Bechor or Ma'aser:

(Mishnah): All Pesulei ha'Mukdashim may be slaughtered and sold in the meat market and weighed normally, except for Bechor and Ma'aser, for the money received for them belongs to the owner;

Question (Beraisa - R. Yosi ha'Gelili): "U'Ma'alah Ma'al ba'Shem" includes Kodshim Kalim, which are the property of the owner;

Ben Azai says this includes Shelamim;

Aba Yosi ben Dostai says, Ben Azai did not say so. He includes only Bechor.

Question: When does this apply?

Suggestion: It is nowadays.

Rejection: The Beraisa discusses Shelamim. We are not Makdish Shelamim nowadays!

Answer: It must be when the Mikdash stands!

Question: What kind of Bechor is discussed?

Suggestion: It discusses a Ba'al Mum.

Rejection: Surely, it is like Shelamim, i.e. (even) Tam! (Regarding Bechor, we could distinguish between Tam and Ba'al Mum. Kohanim receive a Tam from Hash-m's table only after offering the Eimurim, but they acquire a Ba'al Mum immediately. We cannot distinguish like this regarding Shelamim. Yisre'elim do not eat from Hash-m's table!)

Answer: It discusses a Tam.

Summation of question: This teaches that a Kohen acquires a Tam nowadays!

Answer (Abaye): It discusses a Tam in Chutz la'Aretz (when the Mikdash stands). It is like R. Shimon, who says that (b'Di'eved) if a Tam was brought from Chutz la'Aretz, it is offered. (L'Chatchilah, he should not offer it. Rather, he should wait for it to get a Mum, and eat it.)

Question (Mishnah - R. Yochanan ben Nuri): We cannot learn from Chatas and Asham. Kohanim cannot make Temurah from them, because they acquire them only after Hakravah, but they acquire Bechor while it is alive!

Question: What kind of Bechor is discussed?

Suggestion: It discusses a Ba'al Mum.

Rejection: Surely, it is like Chatas and Asham! (They are Tamim, for it says that they are acquired only after Hakravah.)

Answer: It discusses a Tam.

Summation of question: It says that a Kohen acquires it while it is alive!

Answer (Ravina): It discusses a Tam in Chutz la'Aretz. It is like R. Shimon.

Suggestion: Tana'im argue about Rav Nachman's law:

Version #1 (Beraisa): A Bechor can make Temurah in the owner's Reshus, but not in the Kohen's Reshus;

R. Shimon ben Elazar says, once the Kohen receives it, it does not make Temurah.

Question: This is just like the first Tana!

Suggestion: The first Tana means that in the Kohen's Reshus only the Kohen can make Temurah, but not the (original) owner. (R. Shimon holds that even the Kohen cannot make Temurah. They argue about whether or not the Kohen acquires it!)

Version #2 (Beraisa): A Bechor in the Kohen's Reshus cannot make Temurah.

Note: This implies that it cannot make Temurah, but the Kohen can sell it.

R. Shimon ben Elazar says, once the Kohen receives it, neither can make Temurah. (I.e. the Kohen cannot even sell it.)

Suggestion: They argue about Rav Nachman's law. R. Shimon holds like Rav Nachman, and the first Tana does not. (end of Version #2)

Rejection: No, they argue like R. Yochanan ben Nuri and R. Akiva in our Mishnah (like we established above, about a Tam in Chutz la'Aretz. All agree that it should not be offered, for it is the Kohen's property. The first Tana holds like R. Yochanan, who says that the Kohen can make Temurah. R. Shimon ben Elazar holds like R. Akiva, who says that he cannot.)

(Rav Chisda): A Kohen may sell a Tam Bechor to a Kohen, but not to a Yisrael.

Question: What is the reason?

Answer #1: We are concerned lest the Yisrael blemish it and tell the Chacham (who inspects the Mum) that he received it blemished from a Kohen. (This concern does not apply when selling to a Kohen. If a Kohen says that a Mum (that could be inflicted by man) happened by itself, he must bring witnesses.)

Question: A Chacham would not permit this!

(Rav): We do not permit a Bechor to a Yisrael unless a Kohen is with him (lest the Yisrael keep the Bechor for himself)!

Answer #2 (Rav Huna brei d'Rav Yehoshua): This is forbidden because it resembles a Kohen helping in the granary (in order to receive Terumah. Here also, it looks like the Kohen sells it cheaply to encourage the Yisrael to give future Bechoros to him).

Mar Zutra visited Rav Ashi's house. They offered a Bechor to him, for it is healthy to eat it. They said that they had bought it from a Kohen.

Mar Zutra: Rav Huna forbids this, because it resembles a Kohen helping in the granary!

Rav Ashi's household: We disagree with Rav Huna. We bought the Bechor. (It does not look like he helps us.)

Question (Mar Zutra - Mishnah) Question: How long must a Yisrael take care of a Bechor before giving it to a Kohen?

Answer: He must take care of a Seh for 30 days, and a calf for 50 days...

If a Kohen asked for the Bechor within this time, the Yisrael may not give it (until the proper time).

(Rav Sheshes): This is because it looks like a Kohen helping in the granary. (He saves the Yisrael the exertion of caring for the animal (for the proper amount of time), in order to receive it.)

Version #1 - Answer (Rav Ashi's household): There, the Kohen clearly helps the Yisrael. Here, we bought the Bechor. (It does not look like he helps us.)

Version #2 - Answer (Rav Ashi's household): There, the Yisrael did not pay money. Here, we paid money.

Suggestion: Perhaps the Kohen sells it cheaply to encourage the Yisrael to give future Bechoros to him!

Rejection: The Kohen would rather receive the full value (of this Bechor) now, rather than to sell for less in hope of receiving future Bechoros.