הַלָּקוּחַ אוֹ שֶׁנִּתַּן לוֹ מַתָּנָה, פָּטוּר מִמַּעְשַׂר בְּהֵמָה. הָאַחִים הַשֻּׁתָּפִין שֶׁחַיָּבִין בַּקָּלְבּוֹן, פְּטוּרִין מִמַּעְשַׂר בְּהֵמָה. וְשֶׁחַיָּבִין בְּמַעְשַׂר בְּהֵמָה, פְּטוּרִין מִן הַקָּלְבּוֹן. קָנוּ מִתְּפוּסַת הַבַּיִת, חַיָּבִין. וְאִם לָאו, פְּטוּרִין. חָלְקוּ וְחָזְרוּ וְנִשְׁתַּתְּפוּ, חַיָּבִּין בַּקָּלְבּוֹן וּפְטוּרִין מִמַּעְשַׂר בְּהֵמָה:
That which was bought or given to him as a gift is exempt from the animal tithe. [Orphaned] brothers [who are are still] partners who are obligated in the <i>kalbon</i> [surcharge added, in certain cases, to the yearly half-shekel Temple dues] are exempt from the animal tithe and those who are obligated in the animal tithe are exempt from the <i>kalbon</i>. If they bought it with what they inherited they are obligated but if not they are exempt. If they divided [their jointly-held inheritance] and then became partners once again, they are obligated in the <i>kalbon</i> but exempt from the animal tithe.
Jerusalem Talmud Shekalim
“A person who pays the sheqel for a poor person,” etc. Rebbi Eleazar said, only if they counted lambs against rams and rams against lambs, but if they counted lambs against lambs and rams against rams, it was his part from the first hour. Rebbi Joḥanan said, even if they counted lambs against lambs and rams against rams, they are like buyers, as we have stated there: “The buyer or recipient of a gift is not liable for animal tithe. Rebbi Ḥizkiah said that Rebbi Jeremiah asked: And why are we not saying that sometimes they are liable for both and sometimes they are not liable for either. How is this done? If they distributed the properties and afterwards distributed the animals they are liable for both. If they distributed the animals and afterwards distributed the properties they are not liable for either. Rebbi Mana said, this holds only if the animals were not a majority, but if the animals were a majority they form the main property. Rebbi Abun said that Rebbi Shammai asked: Because you made them like one person for animal tithe, you made them not liable for agios? He said to him, no. There is a difference because he is giving a complete tetradrachma. Then even if they distributed and then formed a partnership, they should be liable for animal tithe and not liable for the agio. But we have stated, “they are liable for the agio, not liable for animal tithe.” Rebbi Abba in the name of Abba bar Rav Huna it is the same for two brothers inheriting from their father or two brothers-in-law inheriting from their father-in-law.
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