Parallel
בכורות 58:2
Soncino English Talmud · Berean Standard Bible
He can also take one from those born in Elul and the rest are exempt in any case, for if the first of Elul is the New Year [for cattle tithe], [the animals] of Elul and Tishri combine [to enter one shed] and those of Ab are exempt, and if the first of Tishri is the New Year, the animals of Ab and Elul combine and those of Tishri are exempt. You will perhaps argue against this that [those five of Tishri] should be combined with those born in a subsequent tithing period. The Divine Law however refers to a sure tenth and not to a doubtful tenth. But is not this obvious? — You might have said that we ought to enact a prohibition lest he should come to take from these. [Raba] therefore informs us [that we have no such fear of this]. MISHNAH. HOW DO WE TITHE ANIMALS? WE BRING THEM TO A SHED AND MAKE FOR THEM A SMALL OPENING SO THAT TWO SHALL NOT BE ABLE TO GO OUT AT THE SAME TIME. AND WE COUNT [WITH THE ROD], ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT, NINE. AND HE MARKS EVERY TENTH LAMB THAT GOES OUT AND SAYS: THIS IS [THE TITHE]’. IF HE FAILED TO MARK IT, DID NOT COUNT THEM [THE LAMBS] WITH A ROD, OR IF HE COUNTED THEM WHILE THEY WERE CROUCHING OR STANDING, THEY ARE STILL CONSIDERED TITHED. IF HE HAD ONE HUNDRED [LAMBS] AND HE TOOK TEN OR IF HE HAD TEN AND HE TOOK ONE, THIS IS NOT [VALID] TITHE. BUT R. JOSE B. JUDAH SAYS: THIS IS [VALID] TITHE. IF ONE [OF THE LAMBS] ALREADY COUNTED LEAPED AMONG THE FLOCK [IN THE SHED] THEY ARE ALL EXEMPT. IF ONE OF THEM THAT WAS MARKED AS TITHE LEAPED AMONG 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. GEMARA. Our Rabbis taught: How does he tithe animals? He brings them into a shed and makes for them a small opening so that two may not go out at the same time. He also places their mothers outside [the shed] while the offspring are inside, so that [the mothers] low and [the offspring] go out to meet their mothers. But let him bring them out himself? — Scripture Says: Shall pass, intimating that he must not cause them to pass. But let him throw them some green herb [outside] so as to induce them to go out? — Said R. Huna: This was prohibited on account of an animal bought or orphaned. Our Rabbis taught, Scripture says: Even of whatsoever passeth under the rod: this excludes a trefah which is unable [physically] to pass under the rod. It is a duty to count them with the rod. If, however, he did not count them with the rod, or if he counted them while they were crouching or standing, whence do we infer that the tithing is valid? The text states: The tenth shall be holy, in any case. I have here mentioned only that the tenth animal is holy when he calls it the tenth. Whence is it derived that it is holy even if he did not call it the tenth? Scripture says: ‘It shall be holy’, intimating that [it is holy] in any case. You might think that if he had a hundred [lambs] and he took ten [at the same time as the tithe], or if he had ten lambs and he took one [as the tithe], they are redeemed? The text states: ‘The tenth’, and this is not the tenth. But R. Jose son of R. Judah says: Such is [valid] tithe. What is the reason of R. Jose son of R. Judah? He agrees with Abba Eleazar b. Gomel. For it was taught: Abba Eleazar b. Gomel Says: [Scripture says]: And this your heave-offering shall be reckoned unto you as though it were the corn of the threshing-floor. Scripture speaks of two kinds of terumah, one that of terumah gedolah and the other the terumah of the tithe. Just as terumah gedolah may be set apart for the priest by estimating [without measuring the quantity] and by [merely] mentally planning [the separation],33
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