Hadran: Advancing Talmud Study for Women

The Mishna rules that if a Jew buys a donkey embryo from a non-Jew, sells one to him, enters into a partnership with him, or receives or gives an animal under a sharecropping agreement (kablanut), the offspring is exempt from bekhora. The Gemara questions why the Mishna needs to enumerate all these individual cases, and explains that each is necessary: selling must be taught so we do not fine a Jew who removes an animal from sanctity; partnering excludes Rabbi Yehuda’s view that a joint partnership with a non-Jew is obligated in bekhora; and sharecropping (kablanut) is needed because the primary animal belongs to the Jew, and had we exempted it from the firstborn law, we might have thought this would cause people to think that in a regular animal there is no law of firstborn.

The Gemara asks what Rabbi Yehuda’s position is regarding selling an embryo to a non-Jew, given that he elsewhere permits selling a broken animal (shevura). Is an embryo treated like a broken animal because it cannot work, or is selling an embryo forbidden because it is standard practice, unlike a broken animal where there is a clear distinction (heker) since it is not standard practice? The Gemara first attempts to prove this from the Mishna, which mentions that selling an embryo is forbidden without noting a dissenting opinion. However, this proof is rejected, as Rabbi Yehuda clearly disagrees with another part of the Mishna without being mentioned there, so no proof can be brought from the Mishna. Next, a braita detailing fines for sharecropping (kablanut) transactions is brought to show that Rabbi Yehuda forbids it. However, the Gemara rejects this proof, clarifying that the fine in the braita applies specifically when giving a pregnant animal to be fattened. Ultimately, Rav Ashi proves from Rabbi Yehuda’s own rationale in another braita—that a broken animal is permitted because it cannot heal—which implies that selling an embryo is forbidden, as it naturally grows and “heals.” This entire sugya was also taught in a different manner, as a question of whether the Mishna’s prohibition on selling an embryo is only according to the Rabbis or if Rabbi Yehuda agrees with it as well. As in the previous version, the conclusion is that Rabbi Yehuda also forbids it.

The Gemara asks whether selling a healthy animal solely for its fetus is permitted, analyzing the doubts according to both Rabbi Yehuda and the Rabbis. An attempt is made to resolve the question from the Mishna regarding one who gives an animal under sharecropping (kablanut for offspring), as the phrase “even though he is not permitted” is omitted there. However, the Gemara ultimately concludes that in other forbidden cases (such as partnership) the Tanna also omits “even though he is not permitted,” so no answer to the question can be derived from the Mishna.

• For the text of the Hadran ceremony, click here.
• For more information about What is a Siyum, click here