בכורות 59:1 — Soncino English Talmud

similarly the terumah of the tithe may be set apart by estimating [without measuring the quantity] and by [merely] mentally planning [the separation]. And we find that tithe is called by the Divine Law terumah, because it is written: But the tithes of the children of Israel which they offer as a heave-offering unto the Lord I have given to the Levites to inherit. And the tithing of animals is also compared to the tithing of grain. Just as the tithe of grain is set apart by estimating [without measuring the quantity] and by [merely] planning [the separation], similarly the tithing of animals may be set aside by estimating and by merely planning [the separation]. Said Raba: The tenth is holy of its own accord. Whence does Raba know this? Shall I say from what was taught: 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? The text states: ‘It shall be holy’, [intimating that] in any case [it is holy]. But perhaps [it means that] he did not call it the tenth but still called it holy? — Rather [Raba derives his ruling] from what has been taught: If he called the ninth the tenth and when the tenth came out he said nothing, the ninth is eaten [only] if blemished and the tenth is the tithe! Perhaps it is different here, for it was made quite clear that it was the tenth. Or indeed [the Baraitha] refers to a case where he indicated that it should be the tithe! — Rather [he derives his ruling] from what has been taught: If he called the ninth the tenth and the tenth died in the shed, the ninth is eaten [only] if blemished and all are exempt. Now why are they all exempt? Is it not because the tenth is sacred? — Perhaps the reason is because they became exempt by means of the [interrupted] count properly begun, for Raba said: A count properly begun exempts! Rather [Raba derives his ruling] from what has been taught. If he called the ninth the tenth and the tenth remained in the shed, the ninth is eaten [only] if it is blemished and the tenth is the tithe. But has it not been taught: The ninth is hullin [secular]? — A Tanna recited before R. Shesheth: Whose opinion is this? It is that of R. Simeon b. Judah: For it was taught: R. Simeon b. Judah reported in the name of R. Simeon:^ᵃ^ᵇ^ᶜ^ᵈ^ᵉ^ᶠ^ᵍ^ʰ^ⁱ^ʲ^ᵏ^ˡ^ᵐ^ⁿ^ᵒ^ᵖ^ᵠ^ʳ

^ᵃnote:vnur, .
^ᵇnote:Num. XVIII, 24.
^ᶜnote:V. supra 53b.
^ᵈnote:R. Jose will therefore agree with Abba Eleazar, and tithes of animals can be set aside even without counting one, two, etc.
^ᵉnote:If he counted nine lambs and one remained in the shed although he did not count it, it is sacred of itself.
^ᶠnote:Aliter: Perhaps the Divine Law did not call it the tenth, but still called it holy, so that it cannot be eaten without first becoming blemished, and holiness takes effect with reference to it though it need not be taken up to be eaten in Jerusalem. (Rashi: first interpretation). Perhaps although he did not call it the tenth, it is holy because he called it holy, but where he did not even call it holy, then no holiness whatsoever attaches to the animal. Whence, consequently, does Raba derive his ruling that the tenth animal becomes sacred on its own accord?
^ᵍnote:We therefore say that the tenth is tithe automatically without having been called so.
^ʰnote:In the Baraitah.
^ⁱnote:For since it followed the ninth, it was obvious that it was the tenth, and therefore it is like other tithe, although it was not called so. Raba therefore will not be able to prove his ruling from this Baraitha. Another explanation is: the reason it was the tithe, although it was not called so, was because it passed through the same door as the other nine; but if it remained in the shed or if it passed through a different door, I might have thought that it does not become sacred automatically (Rashi).
^ʲnote:With his finger when it passed through.
^ᵏnote:Not saying anything, however. But where it remained in the shed and he made no sign that he wished it to be the tithe, one could not have inferred from the Baraitha that it was holy like other tithe.
^ˡnote:Since it has been called the tenth, the name of tithe making it holy.
^ᵐnote:The eight which have already come out.
^ⁿnote:Of itself in the shed, although it did not pass through.
^ᵒnote:When the nine went out through the door there was the right number for tithing, for the tenth was still alive and was in a condition to follow in order to exempt them. And since the counting was properly begun, it is as if the tenth had actually passed through and it exempts the lambs counted. The tenth animal itself, however, is not sacred unless it passed under the rod.
^ᵖnote:If one began to count ten lambs or more for tithing purposes and during the counting one animal died or ran off, those which passed the rod are accounted redeemed.
^ᵠnote:Consequently we see that although it did not pass under the rod, it becomes holy on its own account.
^ʳnote:Unlike the Baraitha above which says that the ninth is eaten only while blemished.