Comentario sobre Behorot 9:10

מעשר בהמה – (Leviticus 27:32): “[All tithes of the herd or flock] of all that passes under the shepherd’s staff, every tenth one – shall be holy,” and they offer up its fat and its blood, but the rest of its flesh is consumed in purity by the owners in Jerusalem according to the law of peace-offerings. But if it has a blemish, they consume it in impurity in every place.

Introduction The last chapter of Bekhorot deals with the laws of animal tithes. Leviticus 27:32 states: “All tithes of the herd or flock of all that passes under the shepherd’s staff, every tenth one shall be holy to the Lord.” The laws of animal tithes are in tractate Bekhorot because they are similar in many ways to the laws regarding an animal first born. The main difference is that while a first born pure animal must be given to the priest, animal tithes are brought to Jerusalem where they are eaten as sacrifices (shelamim) by their owners.

בפני הבית ושלא בפני הבית – but nowadays, it was stated by the Rabbis that they don’t separate the tithe of cattle, because of a snare/stumbling block, for we lack the Temple to offer it and it is necessary to delay until a blemish befalls it and it becomes a snare for shearing and Temple service or perhaps someone will slaughter it without a blemish.

The law concerning the tithe of cattle is in force in the Land and outside the Land, in the days when the Temple exists and when it does not exist, The tithing of animals is in force at all times, and in all places. Once the Temple was destroyed, one would have had to wait until the animal became blemished, and then it could be eaten anywhere. We should note that from Talmudic times and onward the laws of animal tithes were no longer observed.

אבל לא במוקדשין - as for example, the lighter Holy Things, for there is one who says that they are the money of the owners, that you might think I would say that it should be tithed. It comes to tell us that [the words] (Leviticus 27:33) “shall both be holy,” the All-Merciful said but not that it was already holy.

[It applies] to hullin (non- animals only but not to consecrated animals. Only non-sacred animals must be tithed.

בכבשים ובעזים – that is to say, and this practice holds for lambs and goats.

It applies both to cattle and flock animals, but they are not tithed together. Both herd (cows) and flock animals (sheep and goats) must be tithed, but they cannot be tithed together. This is because the verse says “of the herd and of the flock,” thereby separating them into two categories.

ומתעשרין מזה על זה – for since the All-Merciful extended the scope [with the use of the word] "וצאן"/or the flock (Leviticus 27:33) – as in above , that implies all flock is considered one species regarding tithing.

To lambs and to goats, and they are tithed together. Different types of flock animals can be tithed together.

בחדש – that were born after Rosh Hodesh Elul which is the New Year for the tithing of cattle (see also Tractate Rosh Hashanah, Chapter 1, Mishnah 1).

To the new and the old, but they are not tithed together. However, animals born in different years are not tithed together. We will learn more about how an animal’s year is determined in mishnayot five and six.

ובישן – that were born prior to Elul.

Now it might be logical: seeing that new and old animals which are not treated as kilayim in regard to one another are yet not tithed one for the other, lambs and goats which are treated as kilyaim in regard to one another, all the more should not be tithed one for the other. Scripture therefore states: “And of the flock” all kinds of flock are considered one [for purposes of tithing]. The mishnah now notes a discrepancy in logic. Goats and sheep are considered kilayim (mixed species) together, meaning they cannot be crossbred. In contrast, new and old animals of the same type are of course not kilayim and can be crossbred. It would therefore make sense for new and old animals to be tithed together but not for sheep and goats to be tithed together. Therefore, the Torah states “of the flock” thereby combining all flock animals into one category.

ואין מתעשרין מזה על זה – from the new on the old, and from the old on the new, as it is written (Deuteronomy 14:22): "עשר תעשר"/You shall set aside [every year] a tenth part [of the yield of your sowing that is brought in from the field], the Biblical verse speaks of two tithes, one the tithe of cattle/animals, and the other is the tithing of grain/produce. Just as [regarding] the tithing of grain, one does not [tithe] from the new on the old, as it is written, “every year”/"שנה שנה" , which implies, and not from this year on a different year, so also not the tithing of cattle from the new on the old [year].

כמלוא רגל בהמה רועה (as much as the full capacity of the radius) – like the are able to be guarded by one shepherd when the cattle graze and remove themselves one from the other. And this is sixteen mil (note: a “mil” is 2000 cubits), and thusly, the eye of the shepherd controls them (i.e., they cannot be hidden from sight). But if he has five animals in this village and five [animals] in another village which is sixteen mil distant one from the other, he brings them into one pen and tithes them. But if the they are more distant, they are exempt, as it states in the Biblical verse (Jeremiah 33:13): “sheep shall pass again under the hands of one who counts them, implying if they can be counted by one shepherd, they are called “sheep,” that they can pass underneath the staff to be tithed, and if not, not (see Talmud Bekhorot 54b)

Introduction A person must tithe the tenth animal of each of his “herds.” The question is how far apart can animal’s be and still be considered as belonging to the same herd? Our mishnah deals with this issue.

שלשים ושנים מיל אינן מצטרפין – because it was necessary to teach nearby [in the Mishnah] that if he had a flock in the middle, those in the middle combine with the sides, thus it teaches , that if the sides are distant from each other thirty-two mil, the middle ones do not combine them.

Animals are combined for purposes of tithing so long as they can still pasture within the distance that cattle wander. If the animals are close enough together such that the shepherd can keep an eye on them while they are out pasturing, they are considered as one herd.

מביא ומעשרן באמצע – it is stated that it doesn’t actually bring in the middle.

And what is the distance over which they wander while pasturing? Sixteen mils. This distance is determined to be 16 mils. A mil is about a kilometer, so 16 mils is equivalent to about 10 miles. If an owner has animals wandering around and grazing at less than this distance, they all count as one herd. But if they go beyond this distance, they don’t count as one herd and if there are ten of them born in one year, they do not join together for the purpose of tithing.

הירדן מפסיק – that if he had five cattle from here (i.e., in the land of Israel) and five cattle from there (i.e., from the other side of the Jordan River) and the Jordan River in the middle, they do not combine and are exempt. But the Halakha is not according to Rabbi Meir.

If there was between two groups of animals a distance of thirty-two mils, they do not combine for the purpose of tithing. If however there was one in the middle [of the distance of thirty-two mils] he brings them into the middle and tithes them. Animals separated by 32 mils, are considered to be at a “wandering distance” from one another, but not a “pasturing distance.” If all of the animals are separated by more than 16 mils, they do not join together for the sake of tithing. However, if there is one animal exactly in between the two separate herds, this animal can join the two separate herds together, and they are tithed together. In other words, if the herd to the east is 16 mils from the one in the middle which is 16 mils from the herd to the west, the middle animal joins the other two herds together.

Rabbi Meir says: the [river] Jordan is regarded as forming a division as regards the tithing of animals. Rabbi Meir says that if one has herds on opposite sides of the Jordan, they do not join together for tithing, because the Jordan separates them.

הלקחו או שניתן לו מתנה פטור ממעשר בהמה – In the Gemara (Tractate Bekhorot 55b-56a), we derive it from as it is written (Exodus 22:28-29): “You shall give Me (i.e., God) the first-born among your sons. You shall do the same with your cattle and your flocks,” just as your sons are not something bought or given as a gift, that purchasing and [receiving as] a gift don’t apply, but rather with him, they were born [to him], even your sheep and cattle are not through purchasing or a gift. And even though that this Scriptural verse deals with the first-born, as it is written, but we derive from it the tithe, that is, because it is written (Exodus 22:29): “You shall do the same with your cattle [and your flocks],” and certain action one is not able to stand regarding a first-born for since [it comes] from a holy womb, and it does not require an action that the person will sanctify it, if it is not a matter for the first-born, make it a matter for the tithing of cattle.

Introduction This mishnah deals with animals that are exempt from the cattle tithe. Our mishnah mentions the “kalbon.” This is a surcharge that one has to pay when one pays the years half-shekel to the Temple. There are two relevant rules here: 1) if a father pays the ½ shekel for his son, he need not pay the kalbon. 2) If two people pay their ½ shekel together they pay only one kalbon and not two.

האחים השותפין – the brothers that divided the inheritance of their father and afterwards became partners.

An animal bought or given as a present is exempt from the law of cattle tithe. A person is liable to tithe only the animals that are born into his property, not those that he bought or was given as a present.

כשחייבין בקלבון (when they are liable for a rate of exchange/agio) – when they bring their Skekalim , they bring two halves and they give two agio, and they give the two קלבון/agio. And the קלבון/agio is the language of the customary additional weight in retailing/boot that they have to weigh their Shekalim. But if they gave between the two of them one complete Shekel, they give two agio, for they were supposed to weigh in halves (see Tractate Shekalim, Chapter 1, Mishnah 7).

If brothers became partners, though they are still bound to pay the kalbon [surcharge], they are exempt from the tithe of cattle. And when they become liable to tithe of cattle, they are exempt from paying the kalbon. This section refers to two different types of partnerships between brothers who have inherited from their father. The first type is when they have already divided up the inheritance and then pooled their money together to form a business partnership. In such a case they are liable for the kalbon as are all partners who pay each other’s kalbon, but they are exempt from paying the tithe on animals since partners do not pay this tithe on their shared animals. The second partnership is one in which they have not yet divided up the inheritance. In such a case the money is treated as if it still belonged to the father. They are liable for the cattle tithe but they are exempt from the kalbon, for a father who pays the half shekel for his son is exempt from the kalbon (for more information on the kalbon, see the first chapter of tracate Shekalim).

ופטורים ממעשר בהמה – from all that are born to them all the days of the partnership. For the partnership exempts [them] from the tithe of cattle, as it is written (Exodus 13:12): “[every male firstling] that your cattle drop [shall be the LORD’s],” but not that of partnership. But even though this Biblical verse is written concerning the first-born, if it is not a matter relating to the first-born, we hear that it deals with partnership, as it is written (Deuteronomy 12:6): “[and there you are to bring your burnt offerings and other sacrifices, your tithes, and contributions, your votive and freewill offerings,] and the firstlings of your herds and flock,” teach it concerning the matter of tithing for cattle.

If they acquired from the estate, they are bound [to tithe them]. But if not, they are exempt from tithing. If the brothers bought animals from their father’s estate, when these animals give birth, they must tithe them. However, if they didn’t buy the animals from the estate, but rather shared the money from the estate and used it to buy animals, then the animals born to them are exempt, because they are owned by partners.

וכשחייבין במעשר בהמה – as for example, if they didn’t ever divide it (i.e., the estate), that the estate exists, which is the inheritance of their father exists, they are liable for the tithing of the cattle to tithe all that is born to them all the days of their partnership. For this we stated in the Baraitha, even if they acquired the estate, the inference teaches us (Exodus 22:29): “[seven days] it shall remain [with its mother],” that implies [this] nevertheless.

If they first divided up the estate and then again became partners, they are bound to pay the kalbon and are exempt from tithe of cattle. Once the brothers divide their father’s estate, each piece becomes each brother’s own property. The property is disconnected from the father, and therefore they must pay the kalbon. But when they form a partnership they become exempt from the animal tithe. Note that this is a repeat of the halakhah found in section two.

ופטורים מן הקלבון – completely, that they weigh between the two of them a complete Shekel. That their father’s money is stands in its legal status/presumption, but the father who offers the head-tax/pays the Shekel for his son or for one of the people of his city and exempts him with his own, and he is exempt from the agio, as it is taught in the Mishnah of [Tractate] Shekalim (Chapter 1, Mishnah 7), that a person who pays the Shekel for a a poor people or for his neighbor or for someone in his city is exempt from the agio.

קנו בתפוסת הבית חייבין –[he is liable for] the tithe of cattle. As we stated, the inference of (Exodus 22:29): “it shall remain” (see above), that it implies anyway whatever it will be. But in the explanations/interpretations of my Rabbi I found, that [when it says] they acquired it [does not mean] that they purchased it with money, but rather, the cattle/animals that fell to them from the inheritance of their father.

חלקו וחזרו ונשתתפו – they are merely/in a general way like partners.

פטורים ממעשר בהמה – but are liable for agio.

הכל נכנס לדיר להתעשר – [the word] "הכל"/every beast includes (see Talmud Bekhorot 57a) an animal that covered (a woman) and the (female) animal that was covered by the man and the animal that they set aside (in a shed) for a sacrifice to idolatry, and that [animal] which was itself worshiped and the harlot’s hire and/or the pay of a dog (i.e., a male prostitute – see Deuteronomy 23:19), and an animal whose sex is unknown and an androgenous animal. For all of these, even though they are invalid for a sacrifice enter the pen/corral for tithing, for since the Torah was not stringent on a blemish regarding tithing, as it is written (Leviticus 27:33): “He must not look out for good as against bad [or make substitution for it, then it and its substitute shall both be holy: it cannot be redeemed],” it (i.e., the Torah) was not stringent either with all of these invalid [animals].

All [domesticated animals] enter the shed to be tithed except kilayim, a terefah, offspring brought forth by means of a caesarean section, an animal too young for sacrifice, and an “orphan”. There are several types of animals that do not need to be tithed: 1) Kilayim the offspring of a mixed species. For instance, if a ram and a female goat have offspring, the offspring need not be tithed. 2) A terefah an animal with a physical defect that would cause it to die. 3) An animal born through a c-section. Such an animal doesn’t need to be tithed, because it is not, in a sense, considered to have been born. 4) An animal too young to be sacrificed an animal cannot be sacrificed until it is seven days old. It cannot be tithed until that age either. 5) An orphan animal. This is explained in the next section.

חוץ מן הכלאים והטריפה ויוצא דופן – for it is taught in a Baraitha (Talmud Bekhorot 57a): (Leviticus 22:27): “When an ox or sheep [or a goat is born],” excluding crossbreeding, which is that which comes from a male goat and a sheep, or a goat, except for what appears as a hybrid, that comes from a ram and a sheep and but is similar to a goat. “or a goat is born” (Leviticus 22:27) –excluding an animal that is extracted by means of caesarean section; “it shall stay seven days with its mother” (Leviticus 22:27) – excluding that which is not old enough; “with its mother”- excluding an animal whose mother died during its childbirth (or soon after), for all of these are invalid for Holy Things. But the tithing of cattle is derived from Holy Things through an analogy/Gezerah Shavah: it is stated here (Leviticus 27:32): “[of all that passes] under the shepherd’s staff,” and it is stated there (Leviticus 22:27): “with its mother.” Just as there, excluding all of these categories, so here too , excluding all of these categories, but that which is torn/terefah also does not enter into the pen/corral to be tithed, as it is written (Leviticus 27:32): “[All tithes of the herd or flock -] of all that passes [under the shepherd’s staff],” excluding the torn animal which does not pass, as for example, that its legs were severed from the knee upwards, for it is one if the animals torn by a beast of prey.

And what is an “orphan”? When its mother has died during its birth or was slaughtered [and subsequently gave birth.] But Rabbi Joshua says: even if the mother has been killed, if the hide is still intact the offspring is not an ‘orphan’ animal. The issue of the orphan is related to Leviticus 22:27, which states that an animal needs to be “under its mother” for seven days before it can be offered up as a sacrifice. If an animal is an orphan it need not be tithed, although it can eventually be sacrificed. According to the first opinion, if the mother doesn’t survive the birth, the offspring is an orphan and is not tithed. Rabbi Joshua says that as long as the mother’s hide is intact when the offspring is born, it is not an orphan. Albeck relates this to the practice of covering the offspring in its mother’s hide to keep it warm should the mother die during, or right before childbirth. Such an animal is “under its mother” and is therefore subject to the tithe.

השלח קיים – the flesh/hide still is intact/in existence. It is the Aramaic translation of “flayed/stripped,” stripped of its skin.

אין זה יתום – because there are places where the animal died on account of giving birth, we flay it/strip it and dress with its skin the living animal, [the] offspring in order that it warm itself, and we account it as if its mother is alive. But the Halakha is not according to Rabbi Yehoshua.

שלש גרנות למעשר בהמה (three harvesting seasons/threshing floors for tithing of cattle) – in three periods during the year, the cattle are tithed. And the language of גרנות/harvesting seasons/threshing floors, like the grain of the threshing floor which is subject to sacred gifts/forbidden as eatables forbidden pending the separation of sacred gifts and we don’t consume from them until they are tithed, so in these three periods of the year we don’t eat from the cattle nor do we sell them until we tithe them.

Introduction Our mishnah deals with when a person is supposed to tithe his animals. The concept is that one tithes one out of every ten animals born in a given year, not one out of every ten animals. Therefore, our mishnah and tomorrow’s mishnah must determine when this year begins.

פרוס הפסח – fifteen days prior to Passover, that is the last day of [the month of] Adar. And the language [usage of] פרוס, is one-half, one-half of the time that we ask [questions] about the laws of Passover, as it is taught in a Baraita (Talmud Megillah 32a): We ask questions about the laws of Passover thirty days prior to Passover. And similarly, [the phrase] פרוס עצרת/half-a-month before Atzeret/Shavuot, 15 days prior. And similarly [the phrase] פרוס החג/fifteen days prior to the Festival/Sukkot, that is the last day of Elul. And they (i.e., the Rabbis) established these three times that they would establish for the tithing of cattle, in order that the cattle would be available/found for those making Pilgrimage [to the Temple in Jerusalem], and even though it is taught [towards the conclusion] in our Mishnah that until the time of the threshing floor/harvesting seasons, it is permitted to sell and to slaughter, that the harvesting season/threshing floor is what establishes the tithing [of cattle], nevertheless, people did not slaughter until they tithed, for it was satisfactory for people to fulfill the Mitzvah with his money for a matter in which he is not lacking anything, as for example the tithing of cattle in which he himself offers up the tithe and eats it as a peace offering, but if they didn’t tithe at these three periods [of the year] there would be many prevented from selling because they didn’t tithe, and there would not be cattle readily found for those making Pilgrimage [to the Temple].

There are three periods [lit. threshing floors] for the tithe of cattle: in the peras of Pesah, in the peras of Atzeret ( and in the peras of the Feast [of Sukkot], the words of Rabbi Akiva. “Peras” means “before” and it is interpreted in the Talmud as being fifteen days. According to Rabbi Akiva, a few weeks before all three of the pilgrimage holidays it becomes forbidden to eat any of the animals that were born since the previous holiday until he first separates any necessary animal tithes. These periods are referred to as “threshing floors” which is the end of the processing of grain. At the threshing floor produce becomes liable for tithing. The language is borrowed from that context.

בן עזאי אומר בתשעה ועשרים באדר – that is fifteen days prior to Passover. But that Rabbi Akiva holds that the Adar that is closest to Nisan (i.e., the month in which Purim falls – the Second Adar in a leap year) is sometimes defective/short – i.e., 29 days and sometimes full – i.e., 30 days) and fifteen days prior to Passover, sometimes we begin on the twenty-ninth of Adar and sometimes on the thirtieth [day] of Adar, therefore, they did not establish for it [an exact] time. But Ben-Azzai holds that the Adar nearest Nisan (i.e., Second Adar in a leap year) is always defective/short, and the beginning of the fifteen-day period prior to Passover is always on the twenty-ninth [day of] Adar.

Ben Azzai says: on the twenty-ninth of Adar, on the first of Sivan and on the twenty-ninth of Av. Ben Azzai lists the three dates in a slightly different manner. The twenty-ninth of Adar is about two weeks before Pesah, the first of Sivan is less than a week before Shavuot, and the twenty-ninth of Av is one month before Rosh Hashanah.

באחד בסיון – because of the paucity of cattle that give birth from Nisan until Atzeret/Shavuot (see Talmud Bekhorot 58a), if one advances it fifteen days prior to Atzeret, all of them will be consumed prior to Atzeret, and there won’t be cattle found for those making Pilgrimage [to the Temple in Jerusalem].

Rabbi Elazar and Rabbi Shimon say: on the first of Nisan, on the first of Sivan and on the twenty-ninth of Elul. Rabbi Elazar and Rabbi Shimon also provide slightly different dates the first of Nissan (the month with Pesah), the first of Sivan (the month with Shavuot) and the twenty-ninth of Elul, the day before Rosh Hashanah. One needs to tithe before Rosh Hashanah because Rosh Hashanah is, according to these two rabbis, the new year for animal tithes. We shall learn more about this in mishnah six (see also Rosh Hashanah 1:1).

בעשרים ותשעה באב – Ben Azzai, according to his reasoning, who stated further on [in our Mishnah], [The cattle born] in Elul are tithed by themselves and they are not combined with those that were born prior to Elul, for perhaps, on the first of Elul is the New Year for the Tithing of Cattle (see Tractate Rosh Hashanah, Chapter 1, Mishnah 1) and there would be new and old, and it is doubtful to him when is Rosh Hashanah – either Elul or Tishrei, therefore he did not set a time for their “threshing floor” of the summer on the twenty-ninth of Elul so that they don’t come to combine those born in Elul with them.

And why did they say the twenty-ninth of Elul and not the first of Tishrei? Because it is a Yom Tov and you cannot tithe on a Yom Tov. Consequently they moved it up to the twenty-ninth of Elul. One cannot tithe on Rosh Hashanah because it is a festival (Yom Tov). Therefore, they moved the day up to the last day of the preceding month, Elul.

באחד בניסן – they (i.e., Rabbi Eleazar and Rabbi Shimon) hold like Rabban Shimon ben Gamaliel who stated that we ask questions about the laws of Passover two weeks prior to Passover, that is, also regarding the laws of Passover that we tithe for cattle in order that they are not appropriate on the Festival/Yom Tov.

Rabbi Meir says: the first of Elul is the New Year for the tithe of cattle. Rabbi Meir disagrees with Rabbi Elazar and Rabbi Shimon with regard to the date for the new year for animal tithes. While they hold that it is on the first day of Tishrei, he holds that it is on the first of Elul. The anonymous opinion in the first mishnah of Rosh Hashanah accords with Rabbi Meir.

באחד בסיון – as we stated the reason of Ben Azzai, because of the small number of cattle that are born from Nisan until Atzeret.

Ben Azzai says: those born in Elul are tithed by themselves. Ben Azzai doubts whether the halakhah is according to Rabbi Elazar and Rabbi Shimon or Rabbi Meir. The result of this doubt is that animals born in Elul are tithed on their own, because we don’t know if they should be tithed with those born before them (Rabbi Elazar and Rabbi Shimon’s opinion) or those born after them (Rabbi Meir’s opinion).

מפני שהוא יום טוב – he said one thing and more. First – because we need recognition of that which is new and old, that the first of Tishrei is Rosh Hashanah for the tithing of cattle, for even though he did not come to combine them with those of Tishrei, for not a single lamb had been born today, and if it had been born, it was not old enough. Even so, we don’t tithe that of today, because we need to establish recognition between new and old, so that people would know to not combine the new with the old. Nd furthermore, because it is Yom Tov, because of the required marking with red paint (see Talmud Bekhorot 58a) that one paints on each tenth in order that it would be recognized, but it is forbidden to pain on Yom Tov/the holy day.

האלוליין מתעשרין בפני עצמן – as we explained above, that it is doubtful to him whether the New Year for the tithing of cattle is on the first [day] of Elul or on the first [day] of Tishrei, therefore, we don’t tithe those of Elul with those [animals] born from Tishrei and onwards, because one doesn’t combine old with the new.

כל הנולדים – this anonymous [Mishnah] is according to Rabbi Eliezer and Rabbi Shimon.

Introduction Our mishnah continues to discuss in what situation animals born at different times of the year combine for matters of tithing.

חמשה לפני ראש השנה – on account of that it (i.e., the Mishnah) has to teach five [days] before the threshing floor/harvest season and five days after the harvest season/threshing floor, they combine, he teaches also this.

All those born from the first of Tishrei until the twenty-ninth of Elul combine [for matters of tithing]. Five lambs born before Rosh Hashanah and five born after Rosh Hashanah do not combine. The new year for tithing begins on Rosh Hashanah, the first of Tishrei and goes all the way to the 29th of Elul, the end of the year. Any animals born that year can and must be tithed together. This means that if ten sheep, for instance, are born that year, the owner must set aside one sheep as a tithe. However, as the mishnah illustrates, if five are born before Rosh Hashanah and five after, he need not set aside a tithe at all. To be even more extreme, if nine were born on the twenty-ninth of Elul and one was born on the first of Tishrei, no tithe must be given.

לא ישחוט – for since according to the Rabbis, the threshing season established it for tithing.

But five lambs born before the period [of tithing] and five after the period [of tithing] do combine [for tithing]. In mishnah five we learned about periods of the year in which one is liable to tithe. These three periods are not significant with regard to animals joining together to become liable for tithing. So if five are born before one of these periods, when the period comes he need not yet tithe. When another five are born, when the next period comes along he will have to tithe, as long as they were all born in the same calendar year.

ואם שחט פטור – and the cattle are permitted for consumption. For we don’t find eatables forbidden pending the giving of sacred gifts of the tithing of cattle, neither a negative commandment nor death [for failure to comply].

If so, why did they speak of three periods for the tithe of cattle? Until the arrival of the [tithing] period it is permitted to sell and slaughter [the animals], but when the period has arrived he must not kill, but if he killed, he is exempt. The mishnah asks the logical question if the tithing periods do not effect the combining of animals, then what significance do they have? The answer is that when a tithing period comes, one must tithe one out of every ten animals that has been born from the time of the last tithing period. It is forbidden to slaughter or sell the animals until they are tithed, or at least counted for purposes of tithing. However, if he transgresses this and does slaughter the animal, there is no punishment, nor is the animal prohibited.

לדיר – a place surrounded by walls or reeds where they bring into it the sheep.

Introduction As often happens with the Mishnah, the most important information is placed last. The final two mishnayot of the tractate discuss how the animal tithe is actually done.

היה לו מאה ונטל עשרה – without any [system of] counting (i.e., marking the tenth animal with red paint)

How does one tithe animals? He brings them to a shed and makes for them a small opening so that two cannot go out at the same time. And he counts them with a rod: one, two, three, four, five, six, seven, eight, nine. And the one that comes out tenth he marks with red chalk and he says: “Behold, this is [the tithe].” This section explains the basic procedure for tithing animals. This seems to be related to the description of the animal tithe in Leviticus 27:32, “All tithes of the herd or flock of all that passes under the shepherd’s staff, every tenth one shall be holy to the Lord.” In order to fulfill this mitzvah, there must be a formal counting, and it is preferable that this formal counting be done with a rod, counting the animal’s one at a time.

או עשרה ונטל אחד – without any [system of] counting.

If he did not mark it, or if he did not count them with a rod, or if he counted them while they were crouching or standing, they are still considered tithed. As long as he counts the animals that he is tithing, he has fulfilled his duty and the animal that comes out tenth is tithed. It is better to count them with a rod, while they are passing through the opening and to mark the tenth one, but as long as he counts them one at a time, everyone agrees that the tithe counts.

אין זה מעשר – as it is written (Leviticus 27:32): “every tenth one – shall be holy [to the LORD],” and this is not the tenth.

If he had one hundred [lambs] and he took ten or if he had ten and he took one [without counting], this is not [a valid] tithe. Rabbi Yose bar Judah says: this is a [valid] tithe. However, if he takes out the tithed animals without formally counting, then the tithe does not count. Rabbi Yose bar Judah disagrees and says that even in this case, the tithe counts.

רבי יוסי בר' יהודה אומר הרי זה מעשר – for Rabbi Yossi holds that just as the great Terumah (i.e., the two-percent that everyone gives to a Kohen) and the tenth-of a tenth (i.e., that which the Levite gives to the Kohen after receiving the First Tithe) are given by estimation and with intention/a plan as it is written (Numbers 18:27): “This shall be accounted to you as your gift/ונחשב לכם תרומתכם,” with thought is the heave-offering , so the tithe is taken with estimation and thought, for the All-Merciful calls a tithe, as it is written (Numbers 18:24): “for it is the tithes set aside by the Israelites as a gift to the LORD [that I give to the Levites as their share]. And there is an analogy of verses in close proximity made [between] the tithing of cattle and the tithing of grain, just as the tithe of grain is taken by thought, so the tithe of cattle is taken by thought. But the Halakha is not according to Rabbi Yossi.

If one [of the lambs] already counted jumped back into the flock [in the shed] they are all exempt. If one of the lambs that has already been counted jumps back into the flock that has not yet been counted, then there will be a mixture of animals exempt from tithing with those liable for tithing. In such a case the law is lenient and the entire group is exempt.

קפץ אחד מן המנויין – eighteen [animals] that went out from the opening and he took the tenth [one], the nine are exempted, if one of the nine jumped into the pen/corral, all of those that are in the corral are exempt, if he does not recognize which one it is. For perhaps this one who came out as the tenth, but he is not appropriate for it, for he was already exempted. Alternatively, each one of them is doubtful if it was already numbered already and exempted, and any doubt is not eligible for being tithed.

If one of the lambs that was a tithe jumped back into the flock [in the shed], they all go to pasture until they become unfit for sacrifice, and the owners may eat them in their unfit state. However, if one of the animals that were set aside to be tithed gets mixed up with untithed animals, then every animal in the pen is potentially tithe. In such a case all of them must go out to pasture until they become blemished. A blemished tithe animal can then be eaten by its owners.

מן המעושרים – from those already sanctified as being the “tenth” one of them jumped into the corral/pen , all of them are doubtfully tithed and they should all be sent to pasture until they develop a blemish. For whenever they are pure, it is prohibited to slaughter them outside [the Temple courtyard], but after they have been sent to pasture, they can be consumed by their owners with their blemishes.

This is the reading: יצאו שנים כאחד מונה אותן שנים שנים מנאן אחד, תשיעי ועשירי מקולקין – if two [animals] came out as one (i.e., at the same time) one next to the other at the width of the opening and he counted them as one pair, he counts all of them two by two, pair-by-pair, and the tenth pair is holy with the sanctity of tithing. And the same law applies if he counted them by threes or by fours.

Introduction The final mishnah of the tractate deals with a case where the person erred when counting his animal tithes or a case where multiple animals came out of the pen at the same time. An interesting phenomenon to note in this mishnah is the power of words if he calls something the tenth animal, it is often holy, even if it was not actually the tenth animal that came out of the pen. This matches the typical rabbinic emphasis on the power of language to actually transform the status of real things.

מנאן אחד – to the first two [animals] that came out he counted as one, and to the third, is the second and to the fourth is the third.

If two [lambs] came out at the same time, he counts them in pairs. If all of the animals come out in pairs (kind of like Noah’s ark!) then he counts them in pairs. When he gets to the tenth pair, which are the 19th and 20th animals, both are holy. Another explanation for this section is that if two come out at the same time he counts them as two, as if they came out one at a time.

תשיעי ועשירי מקולקלין – because the ninth according to his counting is really the tenth, and the tenth according to his counting is really the eleventh, and because of this, they are spoiled and they should be put out to pasture until they develop a blemish. But this is not similar to calling the tenth – the ninth or the eleventh – the tenth, for the tenth is a tithe and the eleventh is offered as peace offering, for there, it came out one by one, and when he reached the tenth and called it the ninth, and to the eleventh and he called it the tenth, he confirms to the entire world that the ninth according to his counting is the tenth of the animals/cattle, and that the tenth is the eleventh, but he himself changed and erred, therefore, the tenth is a complete tithe, and the eleventh is offered as a peace offering from the decree of the King, as we explain further on. But here, when two went out [of the corral/pen] and he did not make it clear that it was the tenth, that he calls it the ninth, which is the tenth, it is not a complete tithing of its own, as he himself also stated that it is not, therefore, they are spoiled.

If he counted [the two] as one, the ninth and the tenth are spoiled. If he counted two as one, then both the ninth and tenth have been spoiled. The animal that he calls ninth is the tenth and should have been the tithe. The animal that he calls tenth is not the tenth but rather the eleventh. In other words, one actually is the tenth and one is called the tenth. Therefore both animals have to go out to pasture and can be eaten only when they are blemished.

שלשתן מקודשים – as it is written (Leviticus 27:32): “All tithes of the herd [or flock],” to include the ninth and the eleventh. It is possible that I also include even the eighth and the seventh. You said, for since and it is holy (see the end of Leviticus 27:32), and his error is sanctified, what is not holy is only that which is near/next to it, meaning to say, the tenth itself which is next to it/adjacent to its body, even his error is not sanctified other than which is adjacent/next to the tenth – which is the ninth from before it and the eleventh from after it.

If the ninth and the tenth came out at the same time, the ninth and the tenth are spoiled. If the ninth and tenth both come out at the same time then both are potentially the tenth and as in the previous section, both must go out to pasture until they become blemished at which point they may be eaten.

וכי יש תמורה עושה תמורה – Rabbi Yehuda holds that this eleventh [animal] is a substitute, for that which he called the “tenth” is considered like that which is in place of the tenth, but there is no substitute which imparts the status of a substitute to another, as it is written (Leviticus 27:33): “then it and its substitute shall both be holy” – but not the substitution of the substitution.

If he called the ninth the tenth, the tenth the ninth and the eleventh the tenth, all three are holy: the ninth can be eaten when it becomes blemished, the tenth is the tithe and the eleventh is sacrificed as a shelamim, and it can make a substitute, the words of Rabbi Meir. Rabbi Judah said: can one substitute make another substitute? They said in the name of Rabbi Meir: if it were a substitute, it would not have been sacrificed. Here he really messed up the counting. The ninth, which he called the tenth, can be eaten when it becomes blemished. The tenth is the actual tithe, even though he called it the eleventh. The eleventh, which he also called tenth, has to be offered up as a shelamim offering. There is now a debate whether or not it is possible for the eleventh animal that is offered as a shelamim to make another animal into its substitute. Making a substitute means that if one tries to substitute the holy animal for another animal, the substituted animal becomes holy, even though the original one remains holy. Rabbi Meir says that this eleventh animal can make a substitute. Rabbi Judah questions this because in his opinion this animal is itself a substitute for the tenth animal, the real tithe. Since we hold that a substitute animal cannot make another substitute (and if one tries to do so, the substitution has no validity) this shelamim cannot effect a substitute. Rabbi Meir responds that the eleventh animal offered as a shelamim is not a “substitute” for if it was it couldn’t be sacrificed as a shelamim. Rabbi Meir holds that if an animal is substituted for a tithed animal, the substituted animal cannot be sacrificed. Since this is not a substitute but rather a regular shelamim, it can make another animal into a substitute.

אמרו משום רבי מאיר – it is not a substitution. The eleventh is not a substitution for the tenth. For if it was a substitution, it would not be offered as a sacrifice, for the substitution of the tithe is not offered, as it is written (Numbers 18:17): “[But the firstlings of cattle, sheep, or goats] may not be redeemed; they are consecrated. [You shall dash their blood against the altar, and turn their fat into smoke as a pleasing odor to the LORD],” they are offered as sacrifices, but not their substitutions, and it is written concerning firstlings, and we derive tithes from it. And the Halakha is that the eleventh does not become a substitution/replacement.

If he called the ninth the tenth, the tenth the tenth and the eleventh the tenth, the eleventh is not holy. The following is the rule: wherever the name of the tenth [animal] has not been taken away from it, the eleventh is not consecrated. If he makes a mistake, but does call the tenth the tenth, then the eleventh is not holy. The general rule explains if the tenth receives its proper appellation, then anything that follows it is not holy. However, the ninth, which he accidentally called the tenth is still holy and must go out to pasture until it is blemished at which point it can be eaten. Congratulations! We have finished Tractate Bekhorot! It is a tradition at this point to thank God for helping us finish learning the tractate and to commit ourselves to going back and relearning it, so that we may not forget it and so that its lessons will stay with us for all of our lives. Although Bekhorot was mostly full of technical information, we should not lose sight of the religious idea that stands behind the idea of the holiness of the bekhor. As is well-known, the final plague on Egypt was the slaying of the first-born. The loss of every first-born, animal and human, was so great in the eyes of the Egyptians that they finally allowed the children of Israel to leave Egypt. I have often wondered why this plague caused them to finally let the people go? Surely many, perhaps even more, people died in the other horrible plagues. What was it about this plague that made it so much worse than the others? Regardless of how we answer that question, after that event, the first-borns of Israel owed God their lives and in order to express this debt, they had to be redeemed. As a first-born male, I was redeemed when I reached thirty days, and since my first child is a male, I redeemed him when he reached thirty days. While I don’t remember the first event, I remember the redemption of my own son as being a meaningful event in his life, as well as mine and my wife’s. Again, congrats on making it through Bekhorot. Tomorrow we begin Tractate Erkhin.

כל שלא נעקר שם עשירי ממנו – wherever that he called the tenth the tenth, furthermore, he cannot advance the eleventh for what he called the tenth [which was not deprived of its proper name].