La dîme animale s'applique à la fois en Israël et hors d'Israël, à la fois lorsque le Temple est debout et lorsque le Temple n'existe pas, pour les animaux non sacrés mais pas pour les animaux sacrés. Et cela s'applique au bétail et au troupeau [c'est-à-dire aux moutons et aux chèvres], mais ils ne peuvent pas recevoir la dîme l'un pour l'autre. [Cela s'applique aux] moutons et aux chèvres, et ils peuvent recevoir la dîme l'un pour l'autre. Cela s'applique aux animaux nouveaux et anciens, mais ils ne sont pas dîmés l'un pour l'autre. Parce que nous aurions pu dire: si les anciens et les nouveaux animaux qui ne font pas de race mixte, ne sont pas dîmés l'un pour l'autre, d'autant plus les moutons et les chèvres, qui créent une race mixte, ne devraient certainement pas recevoir la dîme pour le autre! Par conséquent, il est dit (Lévitique 27) "et troupeau", ce qui signifie que tous les [types de] troupeau [animaux] sont un.
Bartenura on Mishnah Bekhorot
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.
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English Explanation of Mishnah Bekhorot
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.
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Bartenura on Mishnah Bekhorot
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.
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English Explanation of Mishnah Bekhorot
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.
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Bartenura on Mishnah Bekhorot
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.
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English Explanation of Mishnah Bekhorot
[It applies] to hullin (non- animals only but not to consecrated animals. Only non-sacred animals must be tithed.
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Bartenura on Mishnah Bekhorot
בכבשים ובעזים – that is to say, and this practice holds for lambs and goats.
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English Explanation of Mishnah Bekhorot
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.
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Bartenura on Mishnah Bekhorot
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.
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English Explanation of Mishnah Bekhorot
To lambs and to goats, and they are tithed together. Different types of flock animals can be tithed together.
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Bartenura on Mishnah Bekhorot
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).
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English Explanation of Mishnah Bekhorot
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.
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Bartenura on Mishnah Bekhorot
ובישן – that were born prior to Elul.
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English Explanation of Mishnah Bekhorot
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.
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Bartenura on Mishnah Bekhorot
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].
