The first part of the Mishnah on daf TB Bekhorot 26b discusses the laws of bekhorot, firstborn cattle and sheep outside the land of Israel and the Temple no longer stands. In this situation the laws of the bekhorot are no longer consider Torah laws, but only rabbinic prohibitions. “Until when must an Israelite tend to and raise a firstborn animal before giving it to the priest? With regard to a small animal, e.g., a sheep or goat, it is thirty days, and with regard to a large animal, e.g., cattle, it is fifty days. Rabbi Yosei says: With regard to a small animal, it is three months.” (Sefaria.org translation) When the Temple stood in the land of Israel, the unblemished firstborn may be offered up as a sacrifice on the altar any time after eight days. A blemished animal may be eaten by the kohen any time he wishes after the same eight day waiting period.
The Gemara wants to know where the numbers 30 and 50
come from. Rav Kahana derives these numbers based on an interpretation of two
verse by connecting the redemption of the firstborn with sheep and the 50 days
of the omer between Passover and
Shavuot with oxen.
“Rav
Kahana said:
They are derived from a verse, as the verse states: “You shall not delay
to offer of the fullness of your harvest, and of the outflow of your presses; you
shall give to Me your firstborn sons. So you shall do with your oxen, and with
your sheep; seven days it shall be with its mother, on the eighth day you
shall give it to Me” (Exodus 22:28–29). The second part of verse 28 is
juxtaposed to the second animal mentioned in verse 29. This juxtaposition
teaches that just as a firstborn son is redeemed when he is thirty days old
(Numbers 18:16), so too a sheep is given to the priest only when it is thirty
days old.
“The verses also state: “You shall not delay the fullness of your harvest, and of the outflow of your presses…So you shall do with your oxen” (Exodus 22:28–29). Just as the first fruits are brought on the festival of Shavuot, fifty days after Passover, so too the firstborn oxen are given to a priest when they are fifty days old. Here, the first part of verse 28 is juxtaposed with the first animal mentioned in verse 29.” (Sefaria.org translation)
The Gemara
challenges these numbers and ask why not 60 days, the first 30 days plus another
30 days? “The Gemara answers: The interpretation of the verse with
regard to the exact amount of time was given only to the Sages (לֹא
מְסָרְךָ הַכָּתוּב אֶלָּא לַחֲכָמִים.), and they determined that the
owner must take care of his ox for fifty days.” (Sefaria.org translation)
“Since the Torah itself did not reveal the length of this additional waiting
period, we can conclude with certainty that it gave you over to the Sage’s, who
will explain to you the reason {for waiting precisely 50 days}, and you should
comply with their teaching(Rashi)” (Art Scroll edition, page 26b4, note
28) The Gemara is teaching us that the
rabbis are not legislating law. They are just defining what the verse means.
Another example of this
definitional role of the rabbis is the intermediate days of a holiday, Khol Hamoed-חוֹל הַמּוֹעֵד). These days are not holy days, moed, nor are they regular weekdays, khol. Some work is prohibited and some
work is permitted. The rabbis are not legislating only defining what work is
prohibited and what work is permitted.
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