בכורות 58 — Soncino English Talmud

¹In order that animals may be easily obtained by the pilgrims. And although we have learnt in the Mishnah: UNTIL THE ARRIVAL OF THE TITHING PERIOD IT IS PERMITTED TO SELL AND KILL ANIMAL FOR FOOD, a man likes to perform a religious duty with his money first, and only then to proceed to sell or eat the animals. And why does [the Mishnah] call [the cattle tithing period] ‘threshing floor’? — Because [the approach of the tithing period] makes [the animals] tebel [according to a rabbinical enactment] like the period of the ‘threshing floor’. And what is [the period of] Peras mentioned in the Mishnah? — R. Jose b. Judah explained: Peras is [a period of] no less than fifteen days. How is this implied? — Said R. Abahu: Peras means a half. Half of what? Half of the period of instruction in the laws of the Passover, in accordance with what was taught: The laws of the Passover are discussed and expounded thirty days before Passover. R. Simeon b. Gamaliel says: The period is two weeks. BEN ‘AZZAI SAYS: IN THE TWENTY-NINTH OF ADAR, IN THE FIRST OF SIVAN. Wherein do R. Akiba and Ben ‘Azzai differ? — R. Akiba holds that the month of Adar which is next to Nisan is sometimes full [i.e., thirty days] sometimes defective [i.e., twenty-nine days] so that sometimes the Peras of Passover falls on the thirtieth of Adar and sometimes it falls on the twenty-ninth of Adar and for this reason he does not fix the time for the Peras. But Ben ‘Azzai holds that the month of Adar which is next to Nisan is always defective; consequently he fixes the time for the Peras on the twenty-ninth of Adar. And the reason why he fixes the first of Siwan is that since animals are not plentiful, if you therefore say that he should tithe earlier, by the time the festival arrives, he will have finished eating them [the animals]. ON THE TWENTY-NINTH DAY OF AB etc. Ben ‘Azzai follows the opinion he expresses when he Says: THOSE BORN IN ELUL ARE TITHED BY THEMSELVES. And why not tithe them on the thirtieth of Ab? Sometimes the month of Ab is defective [i.e., twenty-nine days] and we need to make a distinction between the new and the old. R. ELEAZAR AND R. SIMEON SAY: ON THE FIRST OF NISAN, ON THE FIRST OF SIWAN etc. ‘ON THE FIRST OF NISAN’ in accordance with the opinion of R. Simeon b. Gamaliel who said: Two weeks. ON THE FIRST OF SIWAN as we have explained above. ON THE TWENTY-NINTH OF ELUL because R. Eleazar and R. Simeon follow the opinion they express elsewhere, where they said: The first of Tishri is the New Year for the tithing of animals. AND WHY DID [THE RABBIS] SAY THE TWENTY-NINTH OF ELUL AND NOT THE FIRST OF TISHRI? BECAUSE IT IS A HOLY DAY etc. And why not say that the reason is because we need to make a distinction between the new and the old? — [The Mishnah] gives one reason and yet another. One reason is because we need to make a distinction between the new and the old. And yet another reason is because it is a Holy Day, and you cannot tithe on a Holy Day on account of the required marking of the tenth animal with paint. R. MEIR SAYS: THE FIRST OF ELUL IS THE NEW YEAR FOR THE TITHING OF ANIMALS. BEN ‘AZZAI SAYS etc. It has been taught: Said Ben ‘Azzai: Since some hold the one opinion and others the other, therefore the animals born in Elul are tithed by themselves. And why not see which authority holds the more reasonable opinion? And should you say that he [Ben ‘Azzai] could not discover the reason of the authorities concerned, has it not been taught: ‘Ben ‘Azzai says: All the Sages of Israel are in comparison with myself, as thin as the husk of garlic, except that bald head’? — Said R. Johanan: They gave their opinions purely as traditions derived from the prophets Haggai, Zechariah and Malachi. It has been taught: In what way did Ben ‘Azzai say that those born in Elul are tithed by themselves? If five lambs were born in Ab and five in Elul, they do not combine [to enter one shed to be tithed]. [If] five [were born] in Elul and five in Tishri, they do not combine. If, however, five [were born] in Tishri and five in the following Ab, they combine. Surely this is obvious? — You might have said that just as ‘the years interrupt, similarly the tithing periods also interrupt. [The Baraitha] therefore informs us [that this is not so]. As we have learnt: FIVE LAMBS BORN BEFORE ROSH HASHANAH AND FIVE LAMBS BORN AFTER ROSH HASHANAH DO NOT COMBINE [TO ENTER THE ONE SHED] WHEREAS FIVE LAMBS BORN BEFORE THE TITHING PERIOD AND FIVE AFTER THE TITHING PERIOD DO COMBINE. Said Raba: According to the opinion of Ben ‘Azzai, if five were born to him in Ab, five in Elul and five in Tishri, he brings them into a shed to be tithed.^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ^ʳ^ˢ^ᵗ^ᵘ^ᵛ^ʷ^ˣ^ʸ^ᶻ^ᵃᵃ^ᵃᵇ^ᵃᶜ^ᵃᵈ^ᵃᵉ^ᵃᶠ^ᵃᵍ^ᵃʰ

^ᵃnote:For since the period of the tithing of animals does not take place until the Peras of the Festivals, people will keep their animals until the tithing period and will not meanwhile sell or kill them, with the result that there will be a plentiful supply of animals to eat and to offer up on the Festivals.
^ᵇnote:We see then that only the arrival of the tithing period causes the animal to be subject to the tithe.
^ᶜnote:So Sh. Mek. cur. edd., ‘to be performed’. Viz., in the case here, that of tithing animals, as there is no loss for him, since he himself brings the animal set aside as tithe and eats it as a peace-offering.
^ᵈnote:V. supra p. 391, n. 10.
^ᵉnote:Subject to tithing.
^ᶠnote:The threshing floor is the place where the grain is to be made fit for food and where it is made subject to tithes, similarly the respective periods of tithing make the animals subject to tithing rabbinically.
^ᵍnote:Peras means something divided into two parts.
^ʰnote:And a half of this period is fifteen days. The tithing of animals and thus making them more easy to obtain by the pilgrims for the use of the Passover, can also be considered as preparation for the Festival (Rashi h”,f ).
^ⁱnote:For even Ben ‘Azzai agrees that fifteen days before Passover, I.e., the Peras of Passover make the animal subject to tithing, since the twenty-ninth of Adar plus the fourteen days of Nisan constitute fifteen days before Passover.
^ʲnote:In some years.
^ᵏnote:And does not say fifteen days before Pentecost, in the same way as he mentions fifteen days before Passover as a period of tithing.
^ˡnote:Between Passover and Pentecost, animals being then few in number.
^ᵐnote:Viz., fifteen days before Pentecost.
^ⁿnote:We cannot tithe those born in Elul for those born in Ab, in case the first of Elul is the New Year for the tithing of animals and we should thus be tithing the new for the old. We cannot also tithe the animals born in Tishri for those born in Elul, in case the first of Tishri is the New Year for tithing purposes. Since therefore there is a doubt whether the first of Elul or the first of Tishri is the New Year for tithing, those born in Elul are tithed amongst themselves. And for this reason the tithing Period of those born in summer is not fixed for the twenty-ninth of Elul i.e., the Peras of Tabernacles, so as not to combine the animals born in Ab with those born in Elul, which would be tithing the new for the old. On the other hand, we do not fix the period earlier than the twenty-ninth of Ab because we must defer the period of tithing to as near to the Festival as possible.
^ᵒnote:Instead of the twenty-ninth of Ab.
^ᵖnote:In some years.
^ᵠnote:The thirtieth of Ab would therefore fall on the first of Elul.
^ʳnote:And although a lamb born on the first of Elul is too young for sacrifice, we nevertheless make a distinction so as not to tithe the new, viz., those born in Elul, for the old, viz., those born in Ab. Therefore we do not tithe at all those born in Ab with the animals born in Elul, even those born on the first of the month,
^ˢnote:I.e., fourteen days are the period of preparation for the Passover, these Tannaim not accepting the prescribed period of the Peras.
^ᵗnote:In connection with Ben ‘Azzai's opinion above.
^ᵘnote:V. R.H. 2a. And therefore we could not defer the tithing period later than to the last day of Elul, for we require that there should be a distinction between the new and the old.
^ᵛnote:And because of this we cannot fix the tithing period on the first of Tishri as then we should be tithing the new, viz., those born after the first of Tishri, which is a New Year for animals, for the old, those born before the first of Tishri.
^ʷnote:And painting on a Holy Day is work which is forbidden. And the reason why it was fixed on the twenty-ninth day of Elul and not on the thirtieth is because in the majority of years Elul is defective i.e., twenty-nine days, and thus the thirtieth day of Elul would be Rosh Hashanah.
^ˣnote:I.e., R. Meir, who holds that the first of Elul is the New Year for tithing.
^ʸnote:I.e., R. Eleazar and R. Simeon who hold that the first of Tishri is the New Year for tithing purposes. Ben ‘Assai therefore does not know which view to adopt.
^ᶻnote:Consequently we see that Ben ‘Azzai was a wise man, well able to discover which ruling in any dispute had the better reason.
^ᵃᵃnote:R. Akiba, R. Joshua b. Korha mentioned in various places in the Talmud being the same person as the son of Akiba, and the word Korha meaning bald head. Tosaf. comment that it is not conceivable that Ben ‘Azzai would thus refer to a great Sage like R. Akiba, the term bald head being employed in many cases in an abusive sense. Tosaf. therefore say that the word Korha refers to R. Eleazar b. Azariah, concerning whom it is said in the Jerushalmi that he was bald headed. Rabbenu Tam says that jre (‘bald-head’) was the name of a man.
^ᵃᵇnote:R. Meir as well as R. Eleazar and R. Simeon.
^ᵃᶜnote:And not derived by a process of reasoning or supported from biblical texts. Thus Ben ‘Azzai could not decide purely on grounds of reason which opinion he should adopt.
^ᵃᵈnote:Var. lec.: ‘How’.
^ᵃᵉnote:That those born in Tishri and those born in the subsequent Ab combine to enter one shed, since the first of Tishri is a New Year and therefore all were born in the same year.
^ᵃᶠnote:Every first of Tishri, the New Year for tithing animals, makes it forbidden to tithe animals born after this period for those born previously.
^ᵃᵍnote:And that one cannot tithe animals born after one tithing period for those born previously, and between Tishri and the following Ab there are a number of tithing periods for animals,
^ᵃʰnote:Who is in doubt whether the first of Elul or the first of Tishri is the New Year of tithing animals.

²He 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^ᵃⁱ^ᵃʲ^ᵃᵏ^ᵃˡ^ᵃᵐ^ᵃⁿ^ᵃᵒ^ᵃᵖ^ᵃᵠ^ᵃʳ^ᵃˢ^ᵃᵗ^ᵃᵘ^ᵃᵛ^ᵃʷ^ᵃˣ^ᵃʸ^ᵃᶻ^ᵇᵃ^ᵇᵇ^ᵇᶜ^ᵇᵈ^ᵇᵉ^ᵇᶠ^ᵇᵍ^ᵇʰ^ᵇⁱ^ᵇʲ^ᵇᵏ^ᵇˡ^ᵇᵐ^ᵇⁿ^ᵇᵒ

^ᵃⁱnote:Not deliberately taking one out, as this would be forbidden, but where, for example, he numbers them either in a crouching position or standing, when be is able mentally to fix upon one from those born in Elul as tithe.
^ᵃʲnote:Because there are no more than five lambs belonging to that year.
^ᵃᵏnote:As there are only five lambs and they belong to a different year.
^ᵃˡnote:In the same year, viz,, the Peras of Passover,
^ᵃᵐnote:Lev. XXVII, 32.
^ᵃⁿnote:In case the first of Elul is the New Year for tithing and therefore the five lambs of Elul and the five of Tishri have combined to enter the shed. Consequently, those of Tishri have already been redeemed and the law of tithing does not apply to where there is a doubt,
^ᵃᵒnote:That he takes one from those born in Elul. For those born in Ab cannot help to tithe the others, in case Elul is a New Year and therefore there are only five of the previous year, a number insufficient for tithing. Again, he cannot take one lamb as a tenth from those born in Tishri for those born in Ab and Elul, in case Tishri is the New Year and therefore there are only five lambs, a number to which tithing cannot apply.
^ᵃᵖnote:Born in Ab and Tishri, and this would lead to an offence against the law by bringing hullin to the Temple, as, for example, if he takes one of the animals born in Ab as the tithe for the others. If Elul is the New Year, it will be found that these cannot combine for tithing and consequently the one taken is not the tithe, and if therefore he eats this as the tithe he will be eating hullin in the Temple. The same applies if he took one lamb from those born in Tishri.
^ᵃᵠnote:As it is possible to distinguish those born in Elul by arranging for them to be standing or crouching while the counting takes place, thus avoiding taking from the others (R. Gershom).
^ᵃʳnote:Inserted with Sh. Mek.
^ᵃˢnote:At the same time, as tithe, without counting one, two, etc., merely choosing ten Iambs from the hundred.
^ᵃᵗnote:As tithe without counting one, two, etc.
^ᵃᵘnote:Because he must count them, in order that the tenth may be holy.
^ᵃᵛnote:Even if there had been no tithing yet, as for example if he had not yet counted ten.
^ᵃʷnote:Not yet tithed.
^ᵃˣnote:For those already counted are exempt from redemption because a count properly begun redeems, since there were ten in the shed when counting commenced, and as we are in doubt which is the redeemed lamb among the flock, all are exempt.
^ᵃʸnote:Not yet tithed.
^ᵃᶻnote:Because concerning each lamb there is a doubt whether it he the one set aside as tithe.
^ᵇᵃnote:Because they cannot be eaten while in a fit condition for sacrifice, as any one of them may be the tithe, and he will thus be eating a consecrated animal without the Temple wall.
^ᵇᵇnote:Lev. XXVII, 32.
^ᵇᶜnote:What need therefore is there to place the mothers outside?
^ᵇᵈnote:No other device being adopted except that of placing the mothers outside the shed.
^ᵇᵉnote:Because an animal bought or orphaned is exempted from tithing, and the placing of the mothers outside is a reminder that an animal bought and not born to him, or one whose mother died during or soon after confinement, is exempt from tithing; whereas if some other plan were adopted of inducing the young to go out, orphans and animals bought might enter the shed and thus cause the rest to be exempted.
^ᵇᶠnote:Where, for example, its leg from the knee and upwards is broken.
^ᵇᵍnote:Even in the instances just mentioned.
^ᵇʰnote:Not having been counted.
^ᵇⁱnote:Or, Gamala; v. Bez. 13b, Git. 30b.
^ᵇʲnote:Num. XVIII, 27.
^ᵇᵏnote:The verse refers to the Levite who has to give terumah to the priest from the tithe he received from the Israelite and this is compared to the terumah which the Israelite gives to the priest from the threshing-floor, v. Glos. s.v. Terumah.
^ᵇˡnote:The gift which the Israelite gives to the priest is called the ‘great’ because it is the first to be separated from the grain.
^ᵇᵐnote:The text: ‘And this shall be reckoned cajbu unto you , referring to the gift of terumah given by the Levite to the priest may also be held to refer to the terumah given by the Israelite to the priest.
^ᵇⁿnote:Estimating approximately how many se'ah there are, and he gives terumah according to his judgment.
^ᵇᵒnote:And not actually separating with the hand but merely glancing at one side and deciding (Lit., ‘thinking’) to give it as terumah, after which he can immediately eat what is on the other side.