Bekhorot

he cannot say: ‘I will select ten [meagre ones], take one from them [as tithe] and the rest will be exempt’. But he must bring them [all]1 into the shed, bring out ten, take one from them [as tithe], and the rest combine with those of a later tithing period.2 But has it not been taught: If he had nineteen lambs he cannot say: ‘I will select ten, take one from them [as tithe] and the rest will be exempt’. But he must bring them [all] into the shed, bring out ten, take one from them [as tithe] and the rest are exempt?3 — R. Huna b. Sehorah explained this before Rab on [the Sabbath preceding] a Festival:4 We are dealing here with a shed which has two doors. Nine lambs passed through one door and nine through the other, thus [the remaining lamb] is fit [to combine either with those] here or there.5 But why not explain6 [the Baraitha] as dealing with a case where he counted nine and when he reached [the number] ten, he called it One, [as] from the beginning?7 — He holds that the tenth is holy on its own account.8 And why not explain [the Baraitha]9 as dealing with a case where e.g., he counted [the nineteen lambs] in pairs?10 — R. Huna holds: The tenth is rendered holy by the actual number of the animals.11 R. Nahman b. Isaac said: The mother of R. Huna b. Sehorah was privileged to have a son who explained [Raba's ruling] on [the Sabbath previous to] a Festival12 in line with Raba's teaching.13 MISHNAH. IF TWO [LAMBS] CAME FORTH AT THE SAME TIME,14 HE COUNTS THEM IN PAIRS.15 IF HE COUNTED [THE TWO]16 AS ONE, THE NINTH AND THE TENTH ARE SPOILT.17 [IF THE NINTH AND THE TENTH CAME OUT AT THE SAME TIME, THE NINTH AND THE TENTH ARE SPOILT.]18 IF HE CALLED THE NINTH THE TENTH, THE TENTH THE NINTH AND THE ELEVENTH THE TENTH, THE THREE ARE HOLY. THE NINTH IS EATEN WHILE BLEMISHED, THE TENTH IS THE TITHE AND THE ELEVENTH IS SACRIFICED AS A PEACE-OFFERING, AND IT CAN EFFECT A SUBSTITUTE.19 THESE ARE THE WORDS OF R. MEIR. SAID R. JUDAH: CAN THAT ONE SUBSTITUTE EFFECT ANOTHER SUBSTITUTE?20 THEY SAID IN THE NAME OF R. MEIR: IF IT21 WERE A SUBSTITUTE, IT WOULD NOT HAVE BEEN SACRIFICED.22 IF HE CALLED THE NINTH THE TENTH, THE TENTH THE TENTH AND THE ELEVENTH THE TENTH, THE ELEVENTH IS NOT CONSECRATED.23 THE FOLLOWING IS THE RULE: WHEREVER THE NAME OF THE TENTH [ANIMAL] HAS NOT BEEN ELIMINATED THEREFROM,24 THE ELEVENTH IS NOT CONSECRATED.25 GEMARA. Said R. Johanan: If he counted [the lambs] in pairs or in hundreds; the tenth in his counting becomes holy. In what counting? — R. Mari says: The holiness of the tenth is determined by his counting,26 whereas R. Kahana says: The holiness of the tenth is determined by the actual number of animals.27 We have learnt: IF TWO CAME OUT AT THE SAME TIME, HE COUNTS THEM IN PAIRS. IF HE COUNTED [THE TWO] AS ONE, THE NINTH AND THE TENTH ARE SPOILT. Now there is no difficulty according to him who holds: The holiness of the tenth is determined by his counting; for this reason the ninth and the tenth are spoilt, and he calls the tenth the ninth and the eleventh the tenth.28 But according to him who holds that the holiness of the tenth is determined by the actual number of the animals, it is as if he called the [certain] ninth the ninth and the [certain] tenth the tenth!29 R. Johanan can reply thus:30 I only say [that the holiness of the tenth is determined by the counting of the animals] where he planned to bring them out in pairs, but where [as in the Mishnah] they came out [of the shed] of themselves,31 it is not so.32 Come and hear: If he counted them backwards,33 the tenth of the counting is holy. Now I grant that according to him who holds that the holiness of the tenth is determined by the actual number of the animals, there would be no difficulty. But according to him who holds that the holiness of the tenth is determined by his counting, then he calls the tenth the first!34 — Said Raba: The reason is because it so happens that in the Persian system of counting that they call ten One. 35 that, although only five lambs remain, he cannot say that they are altogether exempt but must combine them with those born at a later tithing period. it exempts the rest being that a counting properly begun redeems. The lamb itself is holy, however, on its own account whether it remains in the shed or passes through the door. according to the second counting of the animals, the last ten being thus exempt through the nineteenth which is the tithe. And the first nine already counted are exempted on the grounds of a counting properly begun. there is here no counting properly begun. the other nine on account of hutrv ihbn . of the lambs becomes the tithe and the remaining nine are not exempt since the counting of them was not properly begun. namely that of a counting properly begun. the eleventh. There is therefore (according to R. Gershom) a mixture here of tithe and a peace-offering. Consequently, the animals are condemned to pasture until blemished. The case here also is unlike the case of one who called the tenth the ninth and the eleventh the tenth, when the tenth is the tithe and the eleventh is offered up as a peace-offering, because since he counted the animals one by one it is clear that the animal he called the ninth was really the tenth, the mistake being on his part. The tenth is holy therefore without the slightest doubt, and the eleventh is also holy as the result of a Divine decree, as mentioned below. But where a pair came out in the beginning simultaneously, and instead of counting them in pairs, he counted them singly, it was not absolutely clear that the animal which he counted the ninth would be the tenth (Rashi). tithe. Hence since we are in doubt which passed through, first both must pasture and are eaten when blemished. called the eleventh the tenth, it is as if he had said: ‘Let this be holy instead of the tenth’ and that which is already a substitute etc. Scripture says: Thou shalt not redeem, they are holy (Num. XVIII, 17). And we deduce thus: They (themselves) are holy but not their substitutes. And although the text refers to the first-born, we derive the case of tithe therefrom (Rashi). The fact that the eleventh is offered up as a peace-offering proves therefore that it cannot be a substitute and that its holiness is in its own right. example, he made a mistake and called the tenth the ninth, then in this case when he called the tenth the tenth, the eleventh receives no holiness at all. The ninth, however, will retain the minor holiness of not being eaten unless blemished, even where he called the tenth the tenth. hundred is holy. itself and every tenth animal of the hundred becomes holy, making ten animals as tithes in every hundred. If, therefore, the tithes can be recognized it is well, and if not, they are all condemned until they are blemished (Rashi). should not the tenth be the tithe and the eleventh a peace-offering? sacred, since he actually calls it the first?