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Bekhorot
Daf 61bאָמְרִי: הָתָם, כֵּיוָן דְּאִיכָּא דְּתָרֵים בְּעַיִן יָפָה, וְאִיכָּא דְּתָרֵים בְּעַיִן רָעָה – אָמַר: לְהָכִי אֲמַדְתִּיךְ. הָכָא – טָעוּתָא הִיא, אָמַר: לָא אִיבָּעֵי לָךְ לְמִיטְעֵי. הדרן עלך מעשר בהמה וסליקא לה מסכת בכורות
The Sages say in answer: There, with regard to teruma , since there are those who separate teruma generously and there are those who separate teruma sparingly, the agent can say: I estimated that you were one such as this, i.e., either generous or stingy. But here, with regard to animal tithe, it is a mistake, and therefore the owner can say: I did not want you to make a mistake.
SUMMARY
The mitzva of animal tithe is in effect both in Eretz Yisrael and outside of Eretz Yisrael. Animal tithe separated outside Eretz Yisrael is not brought to be sacrificed in the Temple, but is left until it develops a blemish and is then consumed by its owners. Theoretically, the mitzva of animal tithe applies both when the Temple is standing and when it is not standing. Nevertheless, in practice, animal tithe is not separated when the Temple is not standing due to concern that a mishap might occur, i.e., that one might eat the tithed animal before it develops a blemish. Just as with regard to the separation of tithe of grain, animal tithe may be separated only from a group of animals of the same type. One may not separate tithe from a herd of cows for a flock of sheep or goats. Goats and sheep are considered the same type for the purposes of tithing. In addition, one may not separate animals born in one year for animals born in another year. For the purposes of animal tithe the year begins on the first of Tishrei. Although the Torah juxtaposes animal tithe with tithe of grain, there are differences between them, e.g., it is not prohibited to use or slaughter one’s animals before they have been tithed. Nevertheless, the Sages established fixed times for separating animal tithe. Once one of these dates arrives, an animal born prior to it may not be sold or slaughtered until it has been tithed. The three designated times are fifteen days before each of the three pilgrimage Festivals. The Sages chose these times so that there would be animals available to those ascending to Jerusalem for the Festivals. One separates animal tithe only if he has at least ten newborn animals. If he has more than ten he brings them all into a pen and tithes them. Those that remain are left until the next designated time, to be tithed with the newly born animals. Animals join together for the separation of animal tithe only if they are within sixteen mil of each other. This is the distance at which a shepherd can keep an eye on the animals; he serves to combine them into a single herd or flock. If the animals are farther apart but there are other animals in between that are fit to be tithed, they combine all the animals into a single group. According to the conclusion of the Gemara this applies even if some of the animals are outside Eretz Yisrael and some are inside, and even if the Jordan River is between them. Everyone is obligated in the mitzva of animal tithe: Priests, Levites, and Israelites. One is obligated to tithe only animals that were born under his ownership, not those that were purchased or given to him as gifts. Likewise, the obligation does not apply to animals belonging to partners. With regard to one who dies and leaves behind animals, if the inheritors have not yet divided the property of the deceased they are obligated to tithe, as the animals are still considered to belong to the deceased. Conversely, once they have divided the inheritance they have the status of purchasers, as they are considered to have purchased the rights to their share of the animals from one another, and therefore they are exempt from the tithe. Animals in a herd or flock are tithed regardless of whether they are male or female, and regardless of whether they are blemished or unblemished. Even an animal that is unfit for sacrifice on the altar nevertheless receives the sanctity of the tithe. This includes an animal that has been used in committing a transgression, e.g., idolatry. Nevertheless, animals that are invalid as offerings for some other reason are exempt from animal tithe. This category includes crossbred animals, tereifot, animals born by caesarean section, orphaned animals, and those that are too young to be sacrificed. How does one tithe his animals ab initio? He gathers them all into a pen that has a small opening. As they leave the pen he counts them, and the tenth animal is the tithe. He paints that animal with red paint and declares it the tithe. Even if he does not issue such a declaration, that animal is tithe by virtue of the fact that it was the tenth animal to leave the pen. Even if he counts his animals in some other manner, e.g., two at a time or by the hundred, every tenth animal is tithe. Nevertheless, he must perform some method of counting; if he had ten animals and simply removed one without counting, the animal is not tithe. Many cases of uncertainty were discussed in the Gemara. What should one do if he has less than ten animals? What happens if a counted sheep jumps back into the pen? The Gemara’s conclusion is that any animal that has been counted as part of a group of ten animals is exempt from being tithed again, provided it was fit to be tithed when it was counted. If one of those animals that was already counted jumps back into the pen the remainder of the animals in the pen are exempt from tithe, as it is uncertain which is the animal that has been tithed, and only a definite tenth animal can become tithe, not an uncertain tenth. In general, an animal consecrated by mistake does not have sanctity. Despite this, the Torah declares that in the specific case of animal tithe even an animal mistakenly designated as the tenth has sanctity. In other words, if one erred and designated the ninth animal or the eleventh animal as the tenth, that animal is sanctified. Yet it does not have the sanctity of an actual tithe. The ninth animal is not sacrificed on the altar, but it may not be sheared or used for work, and may be eaten only once it develops a blemish. The eleventh animal is sacrificed as a peace offering. This halakha applies only to the ninth and the eleventh animals; the eighth and the twelfth cannot be sanctified by mistake. Furthermore, even the eleventh animal receives sanctity only if the designation of tithe was removed from the tenth animal. If the tenth animal was called the tenth, the eleventh animal is not sanctified, even if it too was designated as the tenth. These were the main topics explored in this chapter. In passing, the Gemara discussed issues concerning the separation of teruma and tithes, as well as the status of the Jordan and Euphrates Rivers, and other rivers with regard to the halakhot of vows and immersion for ritual purity.