Sefer HaChinuch ספר החינוך

To give the foreleg, the jaw and the maw to the priest: That Israel was commanded to give the foreleg, the jaw, and the maw from all pure, slaughtered animals to the priest. And about this was it stated (Deuteronomy 18:3), “This shall be the statute of the priests, etc.” The Sages, of blessed memory, already said (Chullin 134b) about the reason for this commandment that it was in the merit of Pinchas, their father — who was zealous on behalf of his God with regard to the matter of Kozbi, and [was prepared to] surrender his life for the sanctification of [God’s] name, to kill a prince from a tribe of Israel — that his children, the priests, merited this present from God forever: The foreleg — corresponding to, “and he took a spear” (Numbers 25:7); the jaw — in the merit that he prayed for the anguish of Israel, as it is written, “And Pinchas stood up and prayed” (Psalms 106:30); and the maw — corresponding to, “and the woman into her stomach” (Numbers 25:8). And we learn from this that one who openly sanctifies the name of Heaven — he and his descendants attain merit in this world, aside from his merit which is kept eternally for his soul in the world to come.

From the laws of the commandment is that which they, may their memory be blessed, said (Chullin 134b), “What is the foreleg? That is the right foreleg from the knee until the arm’s socket” — which are two limbs, one connected to the other. “And the jaw? From the joint of the jaw until the joint of the trachea” — which is the large ring; with the tongue between them. And we give to the priest the stomach with the fat on it. And the priests have already been accustomed to leave the fat of the stomach for the owners. And also that which they said (Chullin 132a) that the obligation of the gifts is only with a pure [domesticated] beast and not with a [wild] animal, as it is stated, “whether an ox or a sheep” — and included in the sheep and its species is the billy goat. And they, may their memory be blessed, also expounded (Chullin 79b), “‘Whether an ox’ [is] to include a koi” — and even according to the one that says [it is] a creature on its own (a completely separate category); “‘whether a sheep’ [is] to include a forbidden mixture,” such as the offspring that comes of a goat and a sheep. And if it comes from a gazelle and a female goat, he is only obligated for half of the gifts, since it is written, “whether a sheep” — and they, may their memory be blessed, expounded (Chullin 79b), “Even if it is partially a sheep.” But the offspring of a billy goat that copulates with a gazelle is not obligated in gifts at all, since it was a doubt for the Rabbis if we are concerned about the seed of the father or not. And since it is such, the Israelite is able to say to the priest, “Bring a proof that we are concerned about the seed of the father, and I will give you half of the gifts” — and he will not be able [to do so]. And hence I can write that there is no obligation of gifts at all with [the offspring of] a billy goat that copulates with a gazelle.

I have already written the opinion of Rabbenu Alfasi, may his memory be blessed, and other commentators regarding the concern for the seed of the father in the Order of Kedoshim Tehiyu on the commandment of the beast of a forbidden mixture (Sefer HaChinukh 244). And so [too,] from the content of the commandment is that which they, may their memory be blessed, said (Chullin 132b) that it is permissible to eat from the beast before the gifts were separated. As the law is not like Rabbi Yochanan — who said that the one who eats from it before its gifts are separated is as if he eats unseparated produce — since they are [already] distinguished and distinct in one place; and as a result, they do not make [the rest of it] unseparated. And [this] and the rest of its details are elucidated in Tractate Chullin in the Chapter [entitled] HaZroa, which is distinguished by the laws of this commandment.

And this commandment is practiced with non-sacred animals, but not with those consecrated; by Israelite males and females, but not by priests — since it is written about them, “the statute of the priests from the people,” which implies that it is not from the priests. And [this is the case] also because the priests are not called “people”; and as it is written (Leviticus 16:33), “he shall atone for the priests, and for all the people of the congregation.” And the Levites have a special law in this matter; as the priests do not take the gifts from them — since the Rabbis were in doubt if they are called “people,” or not. And hence they cannot take from them by force of a doubt; but if they took [the gifts], they do not return [them].

And regarding if they are practiced at this time or not, many of the great commentators have already disagreed about this. And what comes out of the discussion in the Chapter [entitled] HaZroa with the good commentary is that they are practiced today. And that is likewise the opinion of Rabbenu Alfasi, may his memory be blessed, and Ramban, may this memory be blessed. But we do not have the power over the butchers now to force them to give them to them. “And those who trust in the Lord shall renew their strength.”

And there in the Chapter [entitled] HaZroa (Chullin 131b), they, may their memory be blessed, said that we give the gifts to the priestesses [just] like the priests, and even if they are married to an Israelite. And so it said there, “When Ulla came, he said, ‘Give the gift to a priestess.’ Hence, Ulla reasoned, ‘A priest’ — and even a priestess.” And there (Chullin 132a), it is also said, “Rav Kahana ate on behalf of his wife” — and so [too,] Rav Pappa and Rav Yeimar and Rav Eidi.

And an Israelite who transgresses this and slaughters a beast and does not give the gifts to a priest or a priestess has violated this positive commandment. And they, may their memory be blessed, said (Chullin 134b) that if there is no priest or priestess with him; on account of the loss to the priest, he estimates the value and eats it — as they do not have sanctity — and afterwards, he gives the money to any priest that he wants.