19 – Priestly Gifts from Animals

01. The Foreleg, Cheeks, and Maw

The Torah requires anyone who slaughters a kosher domesticated animal to give three gifts to the kohanim: the foreleg, the cheeks, and the maw, as it is stated: “This shall be the due of the kohanim from the people, from those who slaughter an animal, whether ox or sheep: he shall give the kohen the foreleg, the cheeks, and the maw” (Devarim 18:3). The purpose of the mitzva is to provide for the kohanim so they can devote themselves to studying Torah and teaching it to Israel.^[1]

The foreleg is the two upper sections of the animal’s right front leg. The cheeks are both cheeks together with the tongue down to where the windpipe begins. The maw includes its contents and the fat attached to it. Altogether, these gifts amount to about eight percent of the animal’s kosher meat.

The obligation applies only to kosher domesticated animals — cattle, sheep, and goats — not to kosher wild animals such as deer and gazelles, and not to birds. If the animal is found to be a tereifa, the mitzva no longer applies (SA YD 61:6).

Since these gifts are meant to support the kohanim in their Torah study and teaching, they should be given to a kohen who is a Torah scholar. When no such kohen is available, the gifts are given to an unlearned kohen (Ḥullin 130b; Tosafot, Ḥullin 130b; SA YD 61:7). If the Torah-scholar kohen is well-off while the unlearned kohen is poor and in need of tzedaka, one may give the gifts to the unlearned kohen (Tosafot, Ḥullin 104b; Yam Shel Shlomo, Ḥullin 104b).

The obligation to give the gifts rests on Yisraelim. A kohen who slaughters his own animal is exempt, as is a Yisrael married to the daughter of a kohen (SA YD 61:22). Moreover, the gifts may be given to a bat kohen who married a Yisrael, or to her Yisrael husband, since through marriage the two are treated as one; they may receive the gifts even when a kohen is present (SA YD 61:8). If the bat kohen is married to a Torah scholar, it is preferable to give the gifts to them rather than to an unlearned kohen (Ḥullin 132a; Yam Shel Shlomo, Ḥullin 132a; AHS 61:35).

A kohen is exempt only when slaughtering for his own household. If he earns his livelihood by slaughtering animals and selling their meat, he must give the gifts to another kohen; the Sages would penalize a kohen who worked as a butcher if he failed to do so (Ḥullin 132b; according to Rashi, this obligation is by Torah law; according to Tosafot, it is rabbinic; SA YD 61:24).

The Sages were uncertain about the status of levi’im in this regard. The Torah places the obligation on “the people” (ha-am), and it is unclear whether this includes levi’im or refers only to Yisraelim. Since the question involves a monetary claim, and the kohanim cannot prove that levi’im are obligated, levi’im are not required to give the gifts (Ḥullin 131a; SA YD 61:23).

Some authorities hold that this mitzva is not land-dependent, and therefore applies by Torah law in both Eretz Yisrael and the Diaspora, whether the Temple stands or not. Others hold that it is land-dependent, like terumot and ma’asrot, and is obligatory only in Eretz Yisrael. The widespread custom follows this latter view, though the meticulous give the gifts even in the Diaspora. All poskim agree, however, that wherever Jews exercise sovereignty, the mitzva applies by Torah law.^[2]

Because these gifts have no sanctity, kohanim may eat them even in a state of tum’a. A kohen may prepare and eat them in whatever way he finds pleasing; ideally, he eats them in the manner most dignified for him. If he has no particular preference, it is best to eat them roasted with mustard, in royal fashion (Ḥullin 132b; Tosafot, Ḥullin 132b, s.v. ein; SA YD 61:12). If he does not wish to eat the meat, he may give it or sell it to a Jew or to a non-Jew (SA YD 61:13).

02. How the Gifts Are Given, and the Status of an Animal from Which They Were Not Separated

The obligation to give the gifts rests on the animal’s owner. If he gave the animal to a shoḥet to slaughter on his behalf, the shoḥet takes responsibility for distributing the gifts to a kohen and must ask the owner to which kohen he wishes to give them (see SA YD 61:28).

It is a mitzva to give the gifts in a respectful manner, immediately after slaughter. A kohen may therefore not assist the owner or slaughterer in order to steer the gifts toward himself; he may not even ask for them, let alone seize them (MT, Laws of Firstborns 1:14; SA YD 61:11). The gifts may not be divided into portions so small that no kohen receives a meaningful share (SA YD 61:9).

If no kohen is present, the gifts are assessed for their value and the owner may eat or sell them, paying their value to a kohen afterward. This prevents the kohen from losing his gifts, since if left uneaten the gifts would spoil (SA YD 61:10).

According to several Amora’im, one may not eat the meat of an animal from which the gifts were not given to a kohen. In practice, however, such meat is permitted. Still, it is a pious practice not to eat meat from an animal whose gifts were not given to a kohen (Megilla 28a; Ḥullin 37b; Tosafot, Ḥullin 131a, s.v. hachi garsinan; SA YD 61:5).

If an owner refuses to give the gifts, a beit din with the authority to do so may compel him (Taz 61:17). If he violated the law and ate the gifts, sold them, or discarded them, no particular kohen can claim reimbursement in court. Nevertheless, he is obligated by Torah law to repent and give their value to a kohen (SA YD 61:15).

One may not purchase or receive as a gift the foreleg, cheeks, or maw that were not given to a kohen, since doing so makes one a partner in depriving the kohanim of what is theirs. After the fact, if a Yisrael already has such meat in his possession, he may eat it, since the duty to compensate the kohen falls on the animal’s owner (SA YD 61:31). Even so, the pious practice is to avoid eating meat from an animal whose gifts were not separated — and one certainly may not eat the gifts themselves when they were taken from the kohen without his consent.

03. Giving the Gifts in Practice

In earlier times, when a private individual slaughtered an animal for his family, he would give the gifts to his kohen neighbor. Today, slaughter takes place in slaughterhouses where vast quantities of animals are processed daily. The gifts that accumulate in a single day are far more than any kohen or group of kohanim could eat. It is certainly not fitting for kohanim to open shops selling forelegs, cheeks, and maws; the gifts are meant to free them for Torah study and teaching, not to make them merchants.

The proper arrangement is for the kohanim to receive the gifts and sell them to the business owner, who then sells them to consumers. Strictly speaking, this would require each kohen to come to the slaughterhouse every day. To spare him that burden, the business owner may give the kohen a loan at the beginning of each month, agreeing that the gifts designated for him will serve as repayment. Even without the kohen physically receiving the gifts, they are considered his, since it was established from the outset that they were designated for him. Kohanim of this kind are called makirei kehuna (above, 9:11). It is proper to choose Torah scholars as makirei kehuna, so that the gifts strengthen their Torah study for the sake of teaching. The value must be calculated at wholesale — what a wholesale meat merchant would pay, bearing in mind his responsibility for kashering, packaging, and marketing. Some merchants pay a token sum, knowing the kohen has no practical recourse. They bear the sin of shortchanging the kohanim and withholding what is theirs.

Some merchants try to evade the mitzva by entering into partnership with a non-Jew, since an animal partly owned by a non-Jew is exempt. If they stipulated from the outset, as many do, that the front half belongs to the Jew and the rear half to the non-Jew — because of the difficulty of removing the forbidden fats and sinews from the hindquarters — they must still give the kohen the foreleg and cheeks from the front half (SA YD 61:25–27). To be fully exempt, the non-Jew must be a partner in the whole animal from the start, with the division made only after slaughter.

Regrettably, most badatzim and kashrut agencies do not supervise the fulfillment of this mitzva. Some evade it through non-Jewish partnership; while not guilty of theft, it is unseemly to construct legal fictions to avoid a mitzva. Others shortchange the kohanim. Consumers, for their part, may buy meat under any kashrut certification, since the obligation to separate the gifts rests on the owners and slaughterers; as long as purchasers do not know with certainty that the gifts were improperly withheld, they may buy even the foreleg, cheeks, and maw. The pious practice is to verify that the gifts were properly separated, or that the meat was exempt through non-Jewish partnership.

It is fitting to strengthen this mitzva by using it to support kollel scholars and rabbis who are kohanim and who dedicate their lives to learning and teaching Torah — which is precisely the mitzva’s purpose. Every person is in any case obligated to give ma’aser kesafim from his profits, and the superior practice is ḥomesh. Why not have meat merchants separate the gifts and fulfill both mitzvot at once?^[3]

04. The Mitzva and Meaning of the Firstborn Animal

Just as the Torah commands us to sanctify the firstborn son, it commands us to sanctify the firstborn animal. Any domesticated animal whose first birth is a male is sacred, as it is stated: “Sanctify to Me every firstborn, the first issue of every womb among the children of Israel, among man and beast; it is Mine” (Shemot 13:2).

This sanctity applies to the firstborn of kosher domesticated animals, but not to the firstborn of kosher wild animals. The verse states, “which they shall bring as an offering to the Lord” (Bamidbar 18:15), teaching that the mitzva applies only to species brought as offerings — cattle, sheep, and goats.

The firstborn animal is one of the gifts the Torah commanded Israel to give the kohanim, so they can fulfill their spiritual role. When the firstborn was unblemished, the kohen would bring it as an offering and eat its meat in purity in Jerusalem with his household. If it developed a blemish, he would slaughter it anywhere and eat it with his household like ordinary meat. This mitzva applies to all animals belonging to a Jew, in Eretz Yisrael and in the Diaspora alike (SA YD 306:1).^[4]

Sanctifying the firstborn trains a person toward humility and fear of Heaven. When an animal gives birth for the first time, its owner might feel a surge of pride and begin to imagine that he is master of his own life and the lives of his animals, forgetting that God is the source of all life. The Egyptians fell into precisely this error — denying God, believing their wealth and power were their own — and that denial led them to reject the foundations of morality and enslave Israel with cruelty. In the end, they and their animals were struck through the plague of the firstborn, to declare to the world that even the most powerful depend on God, and that wickedness will be punished. To keep this truth before us always, we are commanded to sanctify the firstborn of human beings and animals to God. The mitzva applies only to males, because pride is more likely to assert itself through the birth of a son, and the antidote is to sanctify him and give him to the kohen. Moreover, the mitzva intends to give the kohanim a gift proportional to the share of firstborn males; including females would double that share beyond what the mitzva intends.

The mitzva of the firstborn also draws out the sanctity hidden within creation. Since God created and sustains everything, every creature contains sanctity — but it is concealed. By sanctifying the firstborn and giving it to the kohen, the hidden sanctity within animal life is made manifest. It emerges in the firstborn specifically because he opens his mother’s womb; in him the first, primal point of life appears, beginning the life cycle of a new generation. For this beginning to express faith rather than pride, the firstborn is sanctified and given to the kohen. The animals born afterward then continue in the direction of sanctity and help Israel reveal God’s word within the fabric of ordinary life.

05. Further Laws of the Firstborn Animal

The mitzva of the firstborn animal has two dimensions. One is its sanctity: it must be brought as an offering to God. The other is that it is one of the twenty-four gifts the Torah commands us to give the kohanim so they can be free to serve God.

The firstborn’s sanctity applies regardless of ownership — whether the animal belongs to a kohen, a levi, or a Yisrael. If the animal belongs to a Yisrael or levi, its firstborn must be given to a kohen. If it belongs to a kohen, he must separate it from his other animals and offer it on the altar; he and his household then eat its meat, as they would a firstborn received from a Yisrael.

Since the firstborn is a gift to the kohen, even if it develops a blemish and becomes unfit as an offering, it is still a mitzva to give it to him. The kohen’s family may eat it anywhere, even in a state of tum’a. The kohen may also sell its meat to a Yisrael, provided he does not sell it from a butcher shop, as it is unbecoming for the meat of a firstborn to be sold in a store (SA YD 306:6).

The firstborn is not given to the kohen while very young, so as not to burden him with its care. The owner keeps it until it has grown somewhat: thirty days for a sheep or goat, fifty days for cattle. If no kohen has been found after that, the owner continues to care for it until one is located (SA YD 306:2). In any event, the firstborn must reach the kohen within its first year, so he can offer it before it turns one, as it is stated: “Before the Lord your God you shall eat it year by year” (Devarim 15:20). Even a blemished firstborn must reach the kohen within that first year (SA YD 306:7).

Because the firstborn is sacred, one may not use it for any purpose, whether unblemished or blemished — neither plowing with a firstborn ox nor shearing a firstborn sheep. If one sheared it in violation, benefit from that wool is prohibited. If, however, the firstborn sheep developed a blemish and was slaughtered for eating, one may benefit from the wool attached to its hide (SA YD 308:1).

06. The Problem of Caring for a Firstborn Today

With the Temple destroyed, an unblemished firstborn cannot be offered. When one is born today, one must wait until it develops a disqualifying blemish; only then may the kohen slaughter it. Though caring for such an animal is a considerable burden, a kohen may not refuse to accept it — refusal would appear as contempt for the priestly gifts. He may not shut it away to starve, since that destroys sacred property. Nor may he cause a blemish: he may not, for example, press dough onto the firstborn’s ear hoping a dog will bite it along with the ear, nor may he ask a non-Jew to inflict a blemish. He must accept the firstborn, care for it, slaughter it if it develops a blemish on its own, and bury it if it dies without one, since neither its meat nor its hide may be used (SA YD 313:1–3; 309:1).

To avoid this problem, the custom is to sell animals that have not yet given birth to a non-Jew, as explained in the next section. If a Yisrael deliberately refrained from making such a sale in order to burden the kohen, the kohen is not required to accept the firstborn (Rema YD 306:4). If the Yisrael was merely negligent, without intent to provoke, a question arises: must the kohen accept and care for the firstborn, or may he argue that the Yisrael’s negligence leaves that responsibility with the Yisrael? (Ḥatam Sofer, YD §302; Pitḥei Teshuva, YD 306:2–3).

When a firstborn arrives unintentionally, the kohen must accept and care for it until it dies. Knowing this, kohanim were understandably eager for blemishes to appear — to the point that the Sages declared kohanim suspected of inflicting them. Accordingly, if a firstborn develops a blemish that a person could have caused, the kohen must produce a witness who saw it occur on its own; without that testimony, the blemish does not permit slaughter (SA YD 314:1).

Once a witness attests that the blemish occurred naturally, the animal is shown to an expert in the laws of blemishes. If none is available, it is shown to three Torah scholars, at least one familiar with these laws. If they rule that it has developed a permanent, non-healing blemish, it may be slaughtered (SA YD 309:2). If it was slaughtered without prior examination, its meat is prohibited — even if a scholar who examined it afterward confirms the blemish was permanent. The Sages imposed this penalty for bypassing the prior examination. Some are lenient with obvious blemishes (SA YD 310:1; Taz 310:1).

07. Partnership with a Non-Jew Prevents the Firstborn from Becoming Sacred

A firstborn becomes sacred when born to an animal belonging to a Jew. Even jointly owned animals produce a sacred firstborn, as long as all the owners are Jewish. If the animal belongs to a non-Jew, or if a non-Jew holds any share in it, the firstborn has no sanctity.

With the Temple destroyed, the proper practice is to sell a share in animals that have not yet given birth to a non-Jew, so their firstborns will not become sacred. The mitzva is to bring the firstborn as an offering — impossible without the Temple — yet firstborns may not be slaughtered or put to work. They must be cared for until a blemish appears, which for most animals never happens before death. Kohanim would face years of unrecompensed care, a burden that could lead some to inflict blemishes deliberately or to use the animals despite their sanctity. The Rishonim therefore instructed that a non-Jew be made a partner before birth, so the firstborns will not become sacred. Though this sale circumvents the mitzva, doing so is preferable to entering a situation likely to lead to transgression (Tosafot, Bekhorot 3b; SA YD 320:6).

For the partnership to be effective, the sold limb must be one whose removal would be significant — for example, the esophagus or the ears. Selling such a limb of every animal that has not yet given birth ensures no firstborn of those animals will be sacred (SA YD 320:4).

The sale must be executed through a mode of acquisition effective between a Jew and a non-Jew under Torah law. Since the Rishonim disagree on which form applies, the sale must satisfy both views: payment of money, per Rashi, and meshikha (pulling into one’s domain), per Rabbenu Tam. The non-Jew pays one peruta for his share; even though the limbs are worth more, the Jew’s intent to sell them cheaply in order to avoid the firstborn’s sanctity makes the sale valid. The non-Jew must also perform meshikha by drawing the animals into his domain; if he owns no land there, the Jew rents him the place where the animals stand, and in this way the non-Jew acquires his share (SA YD 320:6).

The poskim disagree about whether the sale can be executed through the legally recognized form of acquisition under civil law. Most hold that since “the law of the kingdom is law,” a legally valid acquisition makes the non-Jew a genuine partner and the firstborns non-sacred (Knesset Yeḥezkel §14; Ḥatam Sofer, YD §314). Some hold that only a Torah-valid acquisition suffices (Divrei Ḥayim 2:117). Ideally, one satisfies both views by also executing the sale through a Torah-valid mode.

08. The Firstborn Donkey

Having commanded the sanctification of the firstborn son and the firstborn kosher domesticated animal, the Torah added the mitzva of the firstborn donkey — the donkey that is the first issue of its mother’s womb — as it is stated: “Every firstborn donkey you shall redeem with a seh, and if you do not redeem it, you shall break its neck” (Shemot 13:13). Although the firstborn donkey has sanctity, it is a non-kosher species and cannot be offered on the altar. The Torah therefore commands that it be redeemed with a seh — a lamb or kid — whereupon its sanctity departs and the donkey may be used for ordinary purposes. The seh itself does not become sacred; it is simply given to a kohen, who may do with it as he wishes. This too is one of the twenty-four priestly gifts, intended to sustain the kohanim so they can devote themselves to teaching Torah in Israel.

As long as the firstborn donkey has not been redeemed, one may not work with it or benefit from its hair. If its hair becomes tangled and causes distress, it may be cut, but benefit from the hair remains forbidden (SA YD 321:9).

A donkey may be redeemed with anything equal to its value: a firstborn donkey worth ten dinars may be redeemed with any item worth ten dinars. The advantage of using a seh is that even a seh worth only one dinar can redeem any donkey, however valuable (SA YD 321:5).

Since redeeming the firstborn donkey is a mitzva, the Sages instituted a berakha for it. The custom is to lift the seh for the sake of designating it, recite: Barukh Ata Adonai Eloheinu Melekh ha-olam, asher kideshanu be-mitzvotav ve-tzivanu al pidyon peter ḥamor (“Blessed are You, Lord our God, King of the universe, Who has sanctified us with His mitzvot and commanded us concerning the redemption of the firstborn donkey”), and then give the seh to the kohen.

If the owner refuses to redeem the donkey, since it is sacred and may not be used, he must break its neck, as it is stated: “If you do not redeem it, you shall break its neck” (Shemot 13:13). This is done with a large knife at the nape. The proper course is to redeem the donkey with a seh and give the seh to the kohen — both because it fulfills the priestly gift and because killing the donkey without purpose is unseemly (SA YD 321:12; AHS 321:2).

The sanctity of firstborns generally appears in species capable of revealing it: in human beings, who can sanctify their lives, and in domesticated animals, which can be offered as sacrifices. Kosher wild animals such as deer and gazelles, which are not brought as offerings, have no firstborn sanctity — and certainly non-kosher species have none either. The Torah singled out the firstborn donkey to teach that sanctity is hidden even within non-kosher species. That sanctity is deeply concealed and surfaces only in the firstborn donkey — not as an offering, but through redemption and the giving of its substitute to the kohen.

From this we learn that even non-kosher animals have a role in the repair of the world through God’s word. Although it is a divine decree that this concealed sanctity surfaces specifically through donkeys, the choice is not without meaning: the donkeys carried the great wealth of Israel out of Egypt (Bekhorot 5b). The donkey suggests simple materiality, which at first glance seems detached from any divine purpose. Through the sanctity of the firstborn donkey, it becomes clear that material life is meant to serve as a foundation for the revelation of sanctity — just as the donkeys bore the material wealth that later supported God’s service and the building of the Mishkan. The Sages hinted at this (Sanhedrin 98a) when they said the Messiah will ride a donkey: he will draw materiality close and make it a vehicle for the revelation of the Shekhina, so that divine ideals may be manifest in the world.

09. The Animal Tithe

Just as we were commanded to separate ma’aser sheni from produce in the first, second, fourth, and fifth years of the shemita cycle and eat it in sanctity in Jerusalem, so too we were commanded to separate a tithe from animals every year, bring it to Jerusalem, offer it on the altar, and eat its meat in sanctity, as it is stated: “Every tithe of cattle and flock, all that passes under the staff, the tenth shall be sacred to the Lord” (Vayikra 27:32).

What distinguishes the animal tithe — and ma’aser sheni produce — is that it remains in its owner’s possession but must be brought to Jerusalem and eaten there in sanctity and purity. The animal separated as a tithe was consecrated as an offering: its blood was sprinkled, its sacrificial fats burned on the altar, and its meat eaten by the owner and his family (MT, Laws of Firstborns 6:4).

The mitzva of the animal tithe reveals another dimension of the sanctity hidden within animals. Not only the firstborn becomes sacred and passes to the kohen; a tenth of all animals is designated as an offering that draws all of Israel near to God and to the sacred values that Jerusalem embodies. Eating the meat within Jerusalem’s walls, Israel would absorb the city’s sanctity and study Torah from the kohanim and great scholars there. One with many animals to tithe would invite the poor and levi’im to his meal to help finish the meat, fulfilling another mitzva as well. He might also encourage a son or relative to go up to Jerusalem and study Torah, sustained by the meat of the tithe and the fruit of ma’aser sheni — all of which deepened Torah learning throughout Israel (above, 7:10).

The obligation to separate the animal tithe applies to every Jew — kohen and Yisrael alike, in Eretz Yisrael and in the Diaspora — covering all lambs and kids born in one’s herd from the first of Tishrei through the twenty-ninth of Elul, male and female, unblemished and blemished. One whose herd produced fewer than ten young in a year is exempt. The obligation covers the three species brought as offerings: cattle, sheep, and goats. Sheep and goats combine toward the count of ten; cattle are counted separately.

The separation is performed as follows: the lambs and kids are brought into the pen and a small gate is opened for them. The mothers are placed outside and bleat for them. As the young animals emerge one by one, the tenth — whatever its sex or condition — is marked with red dye and thereby sanctified. With nineteen animals, one is sanctified; with twenty, two; with ninety-nine, nine; with one hundred, ten.

If the tenth animal emerges blemished, it has no sacrificial sanctity and need not be brought to Jerusalem; it may be slaughtered and eaten anywhere. It may not, however, be used for labor or have its wool shorn for benefit while alive. Unlike the firstborn, which requires testimony that the blemish arose on its own — since we suspect the kohen of causing it — the animal tithe requires no such testimony. We trust the owner, since had he wished to avoid the tithe, he could have blemished his entire herd before counting, ensuring the tithe would always emerge blemished and without sacrificial force (MT, Laws of Firstborns 6:9).

Unlike produce, which may not be eaten before terumot and ma’asrot are separated, lambs and kids may be slaughtered or sold before the year ends. If the herd falls below ten, the owner is exempt. The Sages, however, established three annual deadlines for separation — fifteen days before each of the three pilgrimage festivals: Pesaḥ, Shavu’ot, and Sukkot — after which one may not sell or slaughter without first separating the tithe. These deadlines ensured that animals would be available for pilgrims to bring as offerings in Jerusalem (MT, Laws of Firstborns 7:8).

After the Temple’s destruction, the Sages ruled that the animal tithe may no longer be separated, out of concern that an unblemished tithed animal might be slaughtered — violating the karet-bearing prohibition against slaughtering sacred animals outside the Temple — or that it might be put to labor or shearing (Bekhorot 53a). If one violated this ruling and did separate the tithe, the animal is left to die lest it lead to transgression (Bekhorot 61a). Rambam holds that one may wait in case it develops a blemish, after which it may be eaten (MT, Laws of Firstborns 6:2).^[5]

10. The First Shearing

The first shearing is one of the twenty-four gifts we are commanded to give the kohanim, so they will have wool for their clothing, as it is stated: “The first of your grain, your wine, your oil, and the first shearing of your flock you shall give him. For the Lord your God has chosen him from all your tribes to stand and serve in the name of the Lord, he and his sons, all the days” (Devarim 18:4–5).

By Torah law, any amount fulfills the obligation; there is no required measure. The Sages, however, set a minimum. Some say it is one sixtieth of the shearing (MT, Laws of Bikkurim 10:1); others say it is the weight of five sela’im — about one hundred grams, enough for a belt (Tur YD 333:13). The first shearing has no sanctity, and the kohen may do with it as he wishes.

Yisraelim and levi’im, men and women, are all obligated in the first shearing. A Yisrael married to a bat kohen is exempt. Since the first shearing has no sanctity, it may also be given to a bat kohen who is married to a Yisrael (SA YD 333:14, as explained in section 1).

The Tanna’im disagree whether the mitzva of the first shearing applies in the Diaspora. In practice, it does not — just as terumot and ma’asrot do not (Ḥullin 136b; SA YD 333:1). As for Eretz Yisrael, most poskim hold the obligation to be by Torah law; some hold it is rabbinic, like terumot and ma’asrot (above, 12:16, note 18).

The mitzva applies to sheep, whether male or female, since wool comes primarily from them; it does not apply to goats or other species. If a sheep’s wool is too coarse for clothing, it is exempt (SA YD 333:2).

The Sages derived that one must own at least five sheep, each yielding at least twelve sela’im — about 204 grams — of wool, to be obligated. An adult Awassi sheep, the common breed in Eretz Yisrael, yields about two and a half kilograms, so virtually every such sheep meets the threshold, and one must separate from every five sheep (SA YD 333:9).

The five sheep need not be shorn in the same year. Even if one is shorn each year, if all five belonged to the owner when the first was shorn, he must separate the first shearing when the fifth is shorn (SA YD 333:12).

If the sheep belong to several partners, the obligation applies only when each partner’s share equals five sheep.

If one has several grades of sheep, the wool given to the kohen must come from the superior grade, as it is stated: “the first shearing of your flock” (Devarim 18:4–5; Rema YD 333:12). Ideally, one separates from the first sheep shorn, but the gift is not given until all five have been shorn, since the obligation arises only then (Gez Tzonekha 333:11:1).

Ideally, the kohen receives the wool raw, before the oils and debris have been cleaned from it. If it was already cleaned, one separates from the clean wool and gives that (Gez Tzonekha 333:13:5).

11. Fulfilling the Mitzva Today

In Eretz Yisrael today there is no practical opportunity to fulfill this mitzva. Israeli sheep produce simple, coarse wool suitable only for thick thread, from which a kohen gains nothing. Moreover, the cost of shearing exceeds the wool’s value; shearing is done for the animals’ welfare alone, to prevent the weight of wool from burdening them. Owners therefore pay the shearers and give them the wool as wages. In these circumstances the kohen has little use for what he receives either. One cannot argue, however, that this wool is unfit for clothing and therefore exempt — it is technically wearable; the preference for finer wool in the clothing industry is simply a consequence of rising living standards.

If the owner sold all the wool to Jewish shearers in exchange for the shearing while it was still on the sheep, Rambam holds that the obligation passes to the shearers. Some hold that since the wool no longer belongs to the owner at the time of shearing, and the shearers do not own the sheep, neither party is obligated (Rema YD 333:8, as explained by Shakh 333:8; AHS 333:8).

A further difficulty concerns ownership. As noted in section 7, the custom is to sell the esophagus of animals that have not yet given birth to a non-Jew, to prevent the firstborn from becoming sacred. For purposes of the first shearing, any animal in which a non-Jew holds a share does not count toward the five-sheep threshold.

One who wishes to fulfill this mitzva today must therefore ensure that the sheep are entirely his, shear them personally or through an agent, separate 200 grams so that at least 100 grams remains after cleaning, and give the wool to a kohen. Even if the kohen will presumably not use the fleece, the mitzva has been fulfilled.

Some hold that no berakha is recited over the first shearing, since the Yisrael is not giving of his own — God granted the kohanim rights to these gifts from the outset (R. Yehuda b. Palat; Ramban). Others hold that one recites the berakha “concerning the giving of the first shearing,” since unlike the foreleg, cheeks, and maw — which belong to the kohen from the moment of slaughter — the first shearing must be actively designated, making the act of separation a genuine mitzva (Roke’aḥ; Pe’at ha-Shulḥan). This was also the practical ruling of our teacher, Rav Z. Y. Kook, of blessed memory.