Study Bava Kamma folio 13A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
לישני: הא רבי יוסי הגלילי, הא רבנן!
let Ravina answer Rava’s objection by saying: This baraita, which states that an offering of lesser sanctity is the property of its owner and may be sold even when the Temple stands, is in accordance with the opinion of R' Yosei HaGelili, and it is referring to a case where the animal is still alive. And that qualification of the Mishnah by Rav Naḥman, that the sale of an unblemished firstborn animal when the Temple is standing is invalid, is in accordance with the opinion of the Rabbis, who dispute R' Yosei HaGelili’s opinion.
(אמר ליה), מתנות כהונה קאמרת? שאני מתנות כהונה, דכי קא זכו – משלחן גבוה קא זכו.
The Talmud answers: He said to him that this is not difficult: Do you speak of gifts to which members of the priesthood are entitled, of which a firstborn animal is an example? Gifts of the priesthood are different from other offerings of lesser sanctity, as when the priests receive their portions, they receive them from the table of the Most High. R' Yosei HaGelili claims that the act of consecration of an animal as an offering of lesser sanctity does not nullify one’s ownership of the animal. The sanctity of a firstborn offering takes effect with its birth, so it may be that it was never owned; rather, it is reasonable that the Torah provided the priest only with the right and the obligation to partake of it after it is sacrificed.
גופא: ״ומעלה מעל בה׳״ – לרבות קדשים קלים שהם ממונו, דברי רבי יוסי הגלילי. בן עזאי אומר: לרבות את השלמים. אבא יוסי בן דוסתאי אומר: לא אמר בן עזאי אלא בבכור בלבד.
§ The Talmud considers the matter itself: The baraita teaches: Concerning one who steals another’s property and takes a false oath denying he has done so, incurring the obligation to bring a guilt-offering, the verse states: “And commits a trespass against YHWH, and deals falsely with his neighbor” (Leviticus 5:21). The verse serves to include a case in which one denies having in his possession offerings of lesser sanctity, which are the property of their owners, and are included in the phrase “and deals falsely with his neighbor.” This is the statement of R' Yosei HaGelili. Ben Azzai says: This phrase serves to include peace-offerings. Abba Yosei ben Dostai says: Ben Azzai said this only with regard to a firstborn offering.