תלמוד על בכורות 9:10

Rebbi Joḥanan said, because they are the periods of birth⁹Different kinds of livestock produce their young at different times.. Rebbi Aḥa, Rebbi Tanḥum bar Ḥiyya in the name of Rebbi Joshua ben Levi: That animals be available for the pilgrims on the holidays¹⁰Babli Bekhorot57b/58a. It is explained later that the main time for animal tithe is early fall. The other two times are introduced for the convenience of the farmer that he may take his tithe animal to the Temple when he makes his pilgrimage anyhow.. Rebbi Yudan said, that he should not come to do not tarry¹¹It is sinful to give tithes too late (Ex. 22:28). This is interpreted to mean that one disregards a positive commandment if one does not hand over (for produce) or sacrifices (for animals) his tithes on or before the next holiday, and one transgresses the prohibition on the third holiday after the start of the obligation.. Rebbi Yose said, anybody who is late with his ṭevel transgresses¹²Ṭevel is untithed produce for which heave and tithes are due.. There,¹³Mishnah Bekhorot8:5. The text quoted here is the Mishnah text; nevertheless it seems that the statement from Mishnah Roš Haššanah1:1, quoted in B, that R. Eleazar (ben Shamua) and R. Simeon fix the date at the first of Tishre, has to be included here. From here on the text is copied in Roš Haššanah1:1 (Note 148). we have stated: “Rebbi Meïr says, on the first of Elul is the New Year for animal tithes. Ben Azzai says, those born in Elul are to be tithed separately.” Rebbi Ḥuna said, The reason of Rebbi Meïr: Up to that point they finish to give birth from the old ones; after that they start to give birth from the new ones¹⁴Since the gestation period for sheep is 5 months, those born in Av were conceived before the start of Nisan, those in Elul after the first of Nisan. If the start of the year is fixed in spring, the natural date for a new year of animal tithes is the start of Elul.. Rebbi Yose ben Rebbi Abun in the name of Rav Huna: The reason of Rebbi Eleazar and Rebbi Simeon, the rams are mounting the ewes, these are the early ones, and the valleys are clothed in grain, these are the late ones, they are friends and also are tithed¹⁵Ps.65:14. The last word is read as if it were יְעַשְׂרוּ. Babli Roš Haššanah8a., both enter the corral to be tithed. Ben Azzai said, since these are saying this and those are saying that, those born in Elul should be tithed by themselves. How is this? If there were born in his flock five in Av, five in Elul, and five in Tishre, they do not combine¹⁶The tenth lamb is animal tithe. If there are 5 in Av and 5 in Elul, they cannot add up to 10 since practice may follow R. Meïr; 5 in Elul and 5 in Tishre cannot combine since practice may follow R. Simeon.. If there were born in his flock five in Av and five in Tishre, they combine¹⁷This really should be: 5 in Tishre and 5 in the following Av, so they belong to the same fiscal year (Tosephta Bekhorot7:9, Babli Bekhorot58a.). Could Ben Azzai decide between his students¹⁸The reference to Ben Azzai in a dispute between R. Aqiba’s last students is anachronistic; Ben Azzai died young, before these became independent scholars.? Rebbi Jeremiah, Rebbi Miasha in the name of Rebbi Samuel bar Rav Isaac: For so disagreed the fathers of the world. Who are the fathers of the world? Rebbi Jonah stated before Rebbi Jeremiah: Rebbi Ismael and Rebbi Aqiba¹⁹Ben Azzai considers the points of view of R. Aqiba and R. Ismael as equivalent even though he never was R. Ismael’s student. If he does not follow his teacher, he must be an independent authority.. This implies that Ben Azzai was colleague and student of Rebbi Aqiba. If you are saying that he was his teacher, is there anybody who says to his teacher, “since these are saying this and those are saying that”? Rebbi Abun in the name of Rebbi Samuel bar Rav Isaac understood it from the following²⁰Mishnah Bava batra9:14. The testimony of a Mishnah is preferable to that of a baraita.: “Ben Azzai said to him, we are sorry about their disagreement, and you come to find us disagreement where they are concurring.” This implies that Ben Azzai was colleague and student of Rebbi Aqiba. If you are saying that he was his teacher, is there anybody who says to his teacher, “you come to find us disagreement”?

There, we have stated: “Any born from the first of Tishre until the 29^th of Elul combine; five before New Year’s day and five after New Year’s day do not combine. Five before the threshing floor and five after the threshing floor do combine²¹Mishnah Bekhorot9:5. A general rule for all tithes is that they have to be given separately for each year. This is inferred from Deut. 14:22, referring to agricultural tithe, which has to be given year by year. The tax year for animal tithe is defined as from Tishre 1 to Elul 29..” Rebbi Yose said, this implies that the rules of animal tither are neither like those of germinating²²The tax year for tithe from the yield of trees (rabbinic except for olive oil) is defined as from Shevat 15 to Shevat 14; for these purposes a fruit is defined as in existence if it started growing after the flower lost its leaves. The equivalent for animals would be a visible pregnancy. nor like those of a third²³Agricultural produce (Biblically, grain) has to be given if it is harvested when barely edible, one-third ripe. Its year is from Tishre 1 to Elul 29.. If you would say like germinating, it should state, all whose pregnancy starts from the 29^th of Elul. If you would say like a third, it should state, up to the 22^nd24. Rebbi Shammai in the name of Rebbi Abun bar Ḥiyya: Like the third, they made it following Rebbi Simeon, since Rebbi Simeon said, {an animal} before its time enters the corral to be tithed²⁵He holds that the tithe is not slaughtered at the moment it is selected; at all times it is a prospective sacrifice. Babli Bekhorot21b.. Rebbi Mana met Rebbi Shammai; he asked him, did you say that? He told him, yes. He answered, but did we not state, “Ben Azzai says, those born in Elul are to be tithed separately.¹³Mishnah Bekhorot8:5. The text quoted here is the Mishnah text; nevertheless it seems that the statement from Mishnah Roš Haššanah1:1, quoted in B, that R. Eleazar (ben Shamua) and R. Simeon fix the date at the first of Tishre, has to be included here. From here on the text is copied in Roš Haššanah1:1 (Note 148).” Not even if it was born up to the 29^th of Elul? Could you say that Ben Azzai follows Rebbi Simeon²⁶Since it was explained in the preceding paragraph that Ben Azzai follows neither R. Simeon nor his opponents; his statement has to be acceptable to both parties.? You have to say, he follows the rabbis. Just as you say following the rabbis, he leaves them for the next year and they will be tithed with the others of their year²⁷An animal born between 23rd and 29th of Elul for Ben Azzai according to the rabbis has to be tithed the following year with the animals born the next year during Elul 1–22., so you have to say following ben Azzai, he leaves them for the next threshing floor²⁸Which is a preferred but not obligatory date for tithing. and they will be tithed with those from Elul. Rebbi Huna said, this implies that the days of a firstling while he still is before its time²⁹The first 7 days of its life. The firstling has to be delivered to a Cohen during its first year. are counted for its year. Rebbi Mana said, my father Rebbi Jonah understood this from the following³⁰Deut. 15:19. Since only its date of birth is mentioned. The firstling automatically is a dedicated sacrifice, and neither may nor can be selected.: Any male firstling which is born to your cattle and small cattle, etc. How is this? You count its year from the moment it is born.

There, we have stated: “Any born from the first of Tishre until the 29^th of Elul combine; five before New Year’s day and five after New Year’s day do not combine. Five before the threshing floor and five after the threshing floor do combine²¹Mishnah Bekhorot9:5. A general rule for all tithes is that they have to be given separately for each year. This is inferred from Deut. 14:22, referring to agricultural tithe, which has to be given year by year. The tax year for animal tithe is defined as from Tishre 1 to Elul 29..” Rebbi Yose said, this implies that the rules of animal tither are neither like those of germinating²²The tax year for tithe from the yield of trees (rabbinic except for olive oil) is defined as from Shevat 15 to Shevat 14; for these purposes a fruit is defined as in existence if it started growing after the flower lost its leaves. The equivalent for animals would be a visible pregnancy. nor like those of a third²³Agricultural produce (Biblically, grain) has to be given if it is harvested when barely edible, one-third ripe. Its year is from Tishre 1 to Elul 29.. If you would say like germinating, it should state, all whose pregnancy starts from the 29^th of Elul. If you would say like a third, it should state, up to the 22^nd24. Rebbi Shammai in the name of Rebbi Abun bar Ḥiyya: Like the third, they made it following Rebbi Simeon, since Rebbi Simeon said, {an animal} before its time enters the corral to be tithed²⁵He holds that the tithe is not slaughtered at the moment it is selected; at all times it is a prospective sacrifice. Babli Bekhorot21b.. Rebbi Mana met Rebbi Shammai; he asked him, did you say that? He told him, yes. He answered, but did we not state, “Ben Azzai says, those born in Elul are to be tithed separately.¹³Mishnah Bekhorot8:5. The text quoted here is the Mishnah text; nevertheless it seems that the statement from Mishnah Roš Haššanah1:1, quoted in B, that R. Eleazar (ben Shamua) and R. Simeon fix the date at the first of Tishre, has to be included here. From here on the text is copied in Roš Haššanah1:1 (Note 148).” Not even if it was born up to the 29^th of Elul? Could you say that Ben Azzai follows Rebbi Simeon²⁶Since it was explained in the preceding paragraph that Ben Azzai follows neither R. Simeon nor his opponents; his statement has to be acceptable to both parties.? You have to say, he follows the rabbis. Just as you say following the rabbis, he leaves them for the next year and they will be tithed with the others of their year²⁷An animal born between 23rd and 29th of Elul for Ben Azzai according to the rabbis has to be tithed the following year with the animals born the next year during Elul 1–22., so you have to say following ben Azzai, he leaves them for the next threshing floor²⁸Which is a preferred but not obligatory date for tithing. and they will be tithed with those from Elul. Rebbi Huna said, this implies that the days of a firstling while he still is before its time²⁹The first 7 days of its life. The firstling has to be delivered to a Cohen during its first year. are counted for its year. Rebbi Mana said, my father Rebbi Jonah understood this from the following³⁰Deut. 15:19. Since only its date of birth is mentioned. The firstling automatically is a dedicated sacrifice, and neither may nor can be selected.: Any male firstling which is born to your cattle and small cattle, etc. How is this? You count its year from the moment it is born.

¹⁵¹This also is from Sheqalim3:1, Notes 21–30, with an enlarged quote from Mishnah Bekhorot. There, we have stated: “Any born from the first of Tishre until the 29^th of Elul combine; five before New Year’s day and five after New Year’s day do not combine. Five before the threshing floor and five after the threshing floor do combine.” “Then why did they say, there are three threshing floors for animal tithe? Because up to the time of the threshing floor one is permitted to sell or slaughter. From the time of the threshing floor he may not slaughter, but if he slaughtered he is not liable.”¹⁵²Mishnah Bekhorot9:6. Rebbi Yose said, this implies that the rules of animal tithe are neither like those of germinating nor like those of a third. If you would say like germinating, it should state, all whose pregnancy starts from the 29^th of Elul. If you would say like a third, it should state, up to the 22^nd. Rebbi Shammai in the name of Rebbi Abun bar Ḥiyya: Like the third, they made it following Rebbi Simeon, since Rebbi Simeon said, {an animal} before its time enters the corral to be tithed. Rebbi Mana met Rebbi Shammai; he asked him, did you say that? But did we not state, “Ben Azzai says, those born in Elul are to be tithed separately.” Not even if it was born up to the 29^th of Elul? Could you say that Ben Azzai follows Rebbi Simeon? You have to say, he follows the rabbis. Just as you say following the rabbis, he leaves them for the next year and they will be tithed with the others of their year, so you have to say following ben Azzai, he leaves them for the next threshing floor and they will be tithed with those from Elul. Rebbi Huna said, this implies that the days of a firstling while he still is before its time are counted for its year. Rebbi Mana said, my father Rebbi Jonah understood this from the following: Any male firstling which isborn to your cattle and small cattle dedicate to the Eternal, your God.. How is this? You count its year from the moment it is born.

MISHNAH: A person who made a vow of nazir, asked the Sages and they forbade, counts from the moment of his vow⁸⁵He regretted his vow. When the vow was confirmed, the time of his regret is also counted.. If he asked the Sages and they permitted, if he had an animal designated, it leaves and grazes with the herd⁷³Mishnah 4. If a person makes a vow of nazir, designates an animal as his sacrifice at completion, and then asks about his vow and has it annulled, the animal becomes profane.. The house of Hillel said to the House of Shammai: Do you not agree that this is dedication in error, it leaves and grazes in the herd⁸⁶Therefore, the principle announced in Mishnah 1 does not always apply.? The House of Shammai anwered, do you not agree that if somebody erred and designated the ninth as the tenth, or the tenth as ninth, or the eleventh as tenth, it is sanctified⁸⁷Mishnah Bekhorot 9:8. Every tenth newborn animal of cattle, sheep, and goats has to be brought as sacrifice (Lev. 27:31). The sacrifice is eaten by the rancher and his family; the priests have no part in it. The verse requires that the animals be counted with a staff and the tenth be designated. If the rancher erred between 9, 10, 11, all animals involved are sanctified. But if the error was by a count of more than one, there is no dedication and the animals remain profane.? The House of Hillel anwered, not the staff sanctified it, for if he erred and put his staff on the eighth or the twelth, did he do anything? But the verse which sanctified the tenth sanctified the ninth and the eleventh⁸⁸Lev. 27:31, interpreted in the Halakhah, the Babli Bekhorot 61a, and Sifra Beḥuqqotay Pereq 13(2)..

There⁹⁹Mishnah Bekhorot 9:8. This starts the discussion of the rules of animal tithes (Note 87)., we have stated: “If he called the ninth tenth, and the tenth ninth, and the eleventh tenth, all three are sanctified. The ninth may be eaten when it develops a defect¹⁰⁰As explained later in this paragraph, the ninth is holy but is not dedicated as a sacrifice. Therefore, it is barred from becoming a sacrifice. The owner has to wait until it develops a blemish (which will be automatic with age); then it can be redeemed and eaten under the rules of profane slaughter., the tenth is tithe, the eleventh is brought as well-being sacrifice¹⁰¹It is holy and a sacrifice, but not tithe. Therefore, the priest’s parts are due from it..” “It shall be holy”¹⁰²Lev. 27:32: “About tithes of cattle and flocks, anything which passes under the staff, the tenth shall be holy for the Eternal.” Since the determination of which animal is the tenth is not automatic, any which either is the tenth or is designated as the tenth by the rancher’s staff is holy., this teaches that holiness falls on the ninth and the eleventh. ¹⁰³Babli Bekhorot 61a, Sifra Wayyiqra Pereq 16(4). I could think that both of them should be sacrificed, the verse says “cattle”¹⁰⁴Lev. 3:1, speaking of well-being sacrifices., “cattle” to include the eleventh. “From the cattle”¹⁰⁵In all situations, the expression מן “from” is interpreted to mean: “Not all.” It is then a problem of rabbinic interpretation to determine which kinds are excluded. Since the expression “from the cattle” mentioned in Lev. 1:3 was used to exclude animals used for sinful purposes [Sifra Wayyiqra Parsheta 2(7)], the expression used here can be taken to apply to other situations., to exclude the ninth. What reason do you have to include the eleventh and to exclude the ninth? After the verse included, it excluded. You can argue, when are sanctified [animals] subject to substitution¹⁰⁶Substitutions of tithe animals arc mentioned in Lev. 27:33.? Before¹⁰⁷There can be no substitution for an animal which has not yet been designated as sacrifice since that would be a purely profane operation. or after? One has to say, afterwards. I am including the eleventh which is after sanctification and I am excluding the ninth which is before sanctification.

There⁹⁹Mishnah Bekhorot 9:8. This starts the discussion of the rules of animal tithes (Note 87)., we have stated: “If he called the ninth tenth, and the tenth ninth, and the eleventh tenth, all three are sanctified. The ninth may be eaten when it develops a defect¹⁰⁰As explained later in this paragraph, the ninth is holy but is not dedicated as a sacrifice. Therefore, it is barred from becoming a sacrifice. The owner has to wait until it develops a blemish (which will be automatic with age); then it can be redeemed and eaten under the rules of profane slaughter., the tenth is tithe, the eleventh is brought as well-being sacrifice¹⁰¹It is holy and a sacrifice, but not tithe. Therefore, the priest’s parts are due from it..” “It shall be holy”¹⁰²Lev. 27:32: “About tithes of cattle and flocks, anything which passes under the staff, the tenth shall be holy for the Eternal.” Since the determination of which animal is the tenth is not automatic, any which either is the tenth or is designated as the tenth by the rancher’s staff is holy., this teaches that holiness falls on the ninth and the eleventh. ¹⁰³Babli Bekhorot 61a, Sifra Wayyiqra Pereq 16(4). I could think that both of them should be sacrificed, the verse says “cattle”¹⁰⁴Lev. 3:1, speaking of well-being sacrifices., “cattle” to include the eleventh. “From the cattle”¹⁰⁵In all situations, the expression מן “from” is interpreted to mean: “Not all.” It is then a problem of rabbinic interpretation to determine which kinds are excluded. Since the expression “from the cattle” mentioned in Lev. 1:3 was used to exclude animals used for sinful purposes [Sifra Wayyiqra Parsheta 2(7)], the expression used here can be taken to apply to other situations., to exclude the ninth. What reason do you have to include the eleventh and to exclude the ninth? After the verse included, it excluded. You can argue, when are sanctified [animals] subject to substitution¹⁰⁶Substitutions of tithe animals arc mentioned in Lev. 27:33.? Before¹⁰⁷There can be no substitution for an animal which has not yet been designated as sacrifice since that would be a purely profane operation. or after? One has to say, afterwards. I am including the eleventh which is after sanctification and I am excluding the ninth which is before sanctification.

“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 buyers¹⁵⁹R. Eleazar accords them the state of partnership only it there was a genuine distribution of the estate before the new partnership was entered into; if the estate was left untouched and each son got a proportional share of everything, it remains an estate. R. Joḥanan holds that the formal establishment of a partnership is all that is needed. Here “property” means not only real estate but everything not livestock. Babli Bekhorot56b., as we have stated there¹⁶⁰Mishnah Bekhorot9:3.: “The buyer or recipient of a gift is not liable for animal tithe. Rebbi Ḥizkiah¹⁶¹The reading of ג “Ḥilkiah” has to be rejected since the latter was not a student of R. Jeremiah. 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 both¹⁶²If the estate was distributed except for livestock and then a partnership formed, they are individually responsible for their sheqels with agio, while the undistributed livestock remains subject to animal tithe even under the new arrangement.. If they distributed the animals and afterwards distributed the properties they are not liable for either.¹⁶³If the livestock was distributed but not the real estate and the cash of the estate, they may continue to pay their sheqels together with one agio while the livestock is under the rules of partnership. Babli Bekhorot56b. Rebbi Mana said, this holds only if the animals were not a majority, but if the animals were a majority they form the main property¹⁶⁴The rule of the Mishnah applies even if the cash was never distributed explicitly.. Rebbi Abun said that Rebbi Shammai asked: Because you made them like one person for animal tithe, you made them not liable for agios¹⁶⁵If the heirs are adults the status of the estate should have no influence on the duty to pay the agio.? He said to him, no. There is a difference because he is giving a complete tetradrachma¹⁶⁶Since the estate (here supposed to be property of two brothers) pays for both of them, there is only one transaction and only one fee is due.. Then even if they distributed and then formed a partnership, they should be liable for animal tithe and not liable for the agio¹⁶⁷If the partnership would pay for them.. But we have stated, “they are liable for the agio, not liable for animal tithe.” Rebbi Abba in the name of Abba bar Rav Huna¹⁶⁸In the Babli he is mentioned as Rabbah bar Rav Huna. it is the same for two brothers inheriting from their father or two brothers-in-law inheriting from their father-in-law¹⁶⁹Since in the absence of male offsprings the daughters inherit following the rules for males, all rules for brothers dividing the estate of their father apply to brothers-in-law acting as administrators of their wives’ estates..