For the source text click/tap here: Bechorot 11
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We have learned that the Torah requires that a firstborn donkey be exchanged for a lamb that is given to the kohen (Shemot 13:13). According to the Mishna (daf 9a), if the lamb that was set aside to redeem the donkey were to die, it is permitted to benefit from the carcass.
The Gemara on our daf considers different possibilities regarding how to understand the case in the Mishna:
If it died in the possession of the kohen and the Mishna is teaching that he is permitted to benefit from the animal, this would appear to be obvious, since it is his own money.
If it means that it died in the possession of the owner and that the kohen is permitted to benefit from it, this too will appear obvious!
The Gemara concludes that we might have assumed that as long as the animal has not reached the kohen ‘s hands, the latter does not really possess it, so the Mishna teaches that from the time that the owner has set it aside, it is already considered to be in the possession of the kohen.
We explore the comparison between Halacha and Roman law as regards designation before delivery.