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בכורות 56:1
Soncino English Talmud · Berean Standard Bible
just as the law of [the first-born of] thy sons does not apply to a case of bought or presented, so [the law referring to] ‘Thine oxen and thy sheep’ does not apply to the bought or given as a present. But does not this [text] refer to a first-born? — Scripture says: Thus thou shalt do. If the text has no bearing on the subject of a first-born, to which doing [i.e., the act of consecration] does not apply, since a first-born is holy from birth, then apply it to the subject of the tithing of animals. But why not say: Apply it to the case of a sin-offering or trespass-offering? — [The inference to be made] must resemble the case of ‘thy [first-born] son’. Just as ‘thy [first-born] son’ is not brought [to atone] for a sin, so ‘thine oxen and [with] thy sheep’ must be such as are not brought [to atone] for a sin. But why not say: Apply [the text] to a burnt-offering or peace-offering? — [The inference to be made] must resemble the case of ‘thy [first. born] son’. Just as the case of ‘thy [first-born] son’ [is obligatory] and he cannot be brought [to the altar] as the result of a vow or freewill-offering, so in the case of ‘thine oxen and with thy sheep’. But why not say: Apply [the text] to the case of a pilgrim's burnt-offering of appearance [before the Lord]? — [The rule] must resemble the case of ‘thy first-born son’. Just as in the case of thy first-born son there is no fixed time for him to become holy, so in the case of ‘thine oxen and with thy sheep’ no time is fixed for their holiness. I might have said, however, that just as [the rule of] ‘thy first-born son’ does not apply at all to where he is bought, similarly [the rule of] ‘thine oxen and with thy sheep’ does not apply at all to where they are bought; why then did R. Assi report in the name of Rab Johanan: If one bought ten embryos which were in the insides of their mothers they all enter the shed to be tithed? — Said Raba: Scripture says: ‘Thou shalt do’, intimating that only when doing [i.e., the act of consecration] is possible does Scripture impose restrictions. [To revert to] the [above] text: ‘R. Assi reported in the name of R. Johanan: If one bought ten embryos which were in the insides of their mothers, all of them enter the shed to be tithed’. But have we not learnt: AN ANIMAL BOUGHT OR GIVEN AS A PRESENT IS EXEMPT FROM THE LAW OF CATTLE TITHE? Said R. Eleazar: R. Johanan appeared [last night] to me in a dream [therefore I know] that I will say a good thing [to-day], [as follows]: Scripture says: ‘Thou shalt do’, intimating that only where the act of consecration is possible does Scripture impose restrictions. R. Simeon b. Eliakim raised an objection against the opinion of R. Eleazar: [The law of] an animal bought, applies also to an animal too young for sacrifice! — He replied to him: This is not a [recognized] teaching. And if you will say that it is a [recognized] teaching, then it must be the opinion of R. Simeon b. Judah. For it has been taught: R. Simeon b. Judah says in the name of R. Simeon: An animal too young for sacrifice may enter the shed to be tithed, and it is on a par with a first-born. Just as a first-born is holy before its time and is sacrificed after its time [i.e., after waiting seven days], similarly an animal too young for sacrifice becomes holy before its time and is sacrificed after its time. A Tanna recited before Rab: What kind of ‘hire’ may enter the shed to be tithed? Wherever it is given to her and then bought back from her. But is not the animal disqualified because it is bought? — The questioner failed to notice that which R. Assi reported in the name of R. Johanan: If one bought ten embryos which were in the insides of their mothers, all of them enter the shed to be tithed.17
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