Which types of animals can be tithed together for maaser of animals and which need to be tithed separately? From where are all these distinctions derived? How does this compare to tithing produce?
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This month’s learning is dedicated to the refuah shleima of our dear friend, Phyllis Hecht, גיטל פעשא בת מאשה רחל by all her many friends who love and admire her. Phyllis’ emuna, strength, and positivity are an inspiration.
Bekhorot 54
אַשְׁכְּחַן תִּירוֹשׁ וְיִצְהָר, תִּירוֹשׁ וְדָגָן דָּגָן וְדָגָן מִנַּיִן? קַל וָחוֹמֶר: וּמָה תִּירוֹשׁ וְיִצְהָר שֶׁאֵינָן כִּלְאַיִם זֶה בָּזֶה — אֵין מִתְעַשְּׂרִין מִזֶּה עַל זֶה, תִּירוֹשׁ וְדָגָן דָּגָן וְדָגָן שֶׁהֵם כִּלְאַיִם זֶה בָּזֶה — אֵינוֹ דִּין שֶׁלֹּא יִתְעַשְּׂרוּ מִזֶּה עַל זֶה?
The Gemara asks: We found a source for the halakha that one may not separate teruma from wine and oil together; from where is it derived that one may not separate teruma from wine and grain together, or from grain of one kind and grain of a different kind together? The Gemara answers that this can be derived by an a fortiori inference: And if wine and oil, which are not prohibited due to the prohibition of diverse kinds if they are planted with each other, nevertheless may not be tithed from one for the other, then with regard to wine and grain or grain and grain, which are subject to the prohibition of diverse kinds when planted with each other, is it not logical that they may not be tithed from one for the other?
וּלְרַבִּי יֹאשִׁיָּה, דְּאָמַר: עַד שֶׁיִּזְרַע חִטָּה וּשְׂעוֹרָה וְחַרְצָן בְּמַפּוֹלֶת יָד, הֵיכִי מַיְיתֵי לַהּ?
The Gemara challenges: But this derivation is problematic according to the opinion of Rabbi Yoshiya, who says that the verse: “You shall not sow your vineyard with diverse kinds” (Deuteronomy 22:9), means that one who sows diverse kinds is not liable by Torah law until he sows wheat and barley and a grape seed with a single hand motion. According to this opinion, the above a fortiori inference is not valid; consequently, how does he derive the halakha that one may not tithe grain for wine or grain for grain?
מַיְיתֵי לַהּ הָכִי: וּמָה תִּירוֹשׁ וְיִצְהָר, שֶׁאֵינָן כִּלְאַיִם זֶה בָּזֶה אֲפִילּוּ עַל יְדֵי דָּבָר אַחֵר — אֵין מִתְעַשְּׂרִין מִזֶּה עַל זֶה. תִּירוֹשׁ וְדָגָן דָּגָן וְדָגָן, שֶׁהֵן כִּלְאַיִם זֶה בָּזֶה עַל יְדֵי דָּבָר אַחֵר — אֵינוֹ דִּין שֶׁלֹּא יִתְעַשְּׂרוּ מִזֶּה עַל זֶה?
The Gemara answers that he derives it in this manner: And if wine and oil, which are not prohibited as diverse kinds with each other even by means of something else, i.e., even if one planted a different kind of grain seed with them, do not become prohibited, and yet they may not be tithed from one for the other, then with regard to wine and grain or grain and grain, which are prohibited as diverse kinds with something else, i.e., if they are planted with another type of seed, is it not logical that they may not be tithed from one for the other?
וּשְׁנֵי מִינִין בְּעָלְמָא, מְנָלַן? הָנֵי דְּרַבָּנַן נִינְהוּ, וְכֹל דְּתַקִּינוּ רַבָּנַן כְּעֵין דְּאוֹרָיְיתָא תַּקִּינוּ: מָה דְּאוֹרָיְיתָא שְׁנֵי מִינִין אֵינָן מִתְעַשְּׂרִין מִזֶּה עַל זֶה, דְּרַבָּנַן נָמֵי.
The Gemara asks: It can be derived in this manner that one may not separate teruma or tithes from wine for grain or vice versa; but from where do we derive the prohibition against separating teruma or tithes from two species in general that are not grain, e.g., lentils and beans, one for the other? The Gemara answers that the obligation to separate tithes from these other species, which are not mentioned in the Torah, applies by rabbinic law, and concerning all ordinances that the Sages instituted, they instituted them parallel to Torah law. Therefore, just as by Torah law two species may not be tithed from one for the other, so too, those mixtures that are prohibited by rabbinic law may not be tithed one for another.
אֲמַר לֵיהּ רָבָא בַּר רַב חָנָן לְאַבָּיֵי: אֶלָּא מֵעַתָּה, גַּבֵּי מַעֲשַׂר בְּהֵמָה, דְּלָא כְּתִיב ״וְכׇל מַעְשַׂר בָּקָר וּמַעֲשֵׂר צֹאן״,
Rava bar Rav Ḥanan said to Abaye: If that is so, then with regard to animal tithe, where it is not written in the Torah: And all the tithe of the herd or the tithe of the flock, with the word “tithe” mentioned twice, once in reference to the herd and once in reference to the flock, but rather the verse states: “And all the tithe of the herd or the flock, whatever passes under the rod, the tenth shall be sacred to the Lord” (Leviticus 27:32),
יִתְעַשְּׂרוּ מִזֶּה עַל זֶה! אֲמַר לֵיהּ: אָמַר קְרָא ״הָעֲשִׂירִי״, תֵּן עֲשִׂירִי לָזֶה וְתֵן עֲשִׂירִי לָזֶה. אִי הָכִי, כְּבָשִׂים וְעִזִּים נָמֵי? ״וָצֹאן״ מַשְׁמַע כׇּל צֹאן אֶחָד.
let them be tithed from one for the other. Abaye said to him that the verse states: “The tenth shall be sacred to the Lord” (Leviticus 27:32). This indicates that one must give the tenth animal from this, the flock, and give the tenth animal from that, the herd, with each counted and given separately. The Gemara raises a difficulty: If so, sheep and goats should also have to be tithed separately. The Gemara answers that the verse states: “Or the flock,” which means that all the goats and sheep are one flock and may be tithed together.
הָכָא נָמֵי לֵימָא מַשְׁמַע כׇּל דָּגָן אֶחָד! אָמַר אַבָּיֵי: ״רֵאשִׁיתָם״, וְכֵן אָמַר רַבִּי אִילְעָא: ״רֵאשִׁיתָם״.
The Gemara raises a further difficulty: Here too, with regard to teruma and tithes, let us say that the term “grain” (Numbers 18:12) means that all the different types of grain are considered one grain, and may be tithed together. Abaye said in response that there it is different, as the verse states: “The first part of them” (Numbers 18:12), in the plural, which teaches that one must give the first part for each type of produce separately. And Rabbi Ile’a says likewise that “the first part of them” teaches that one must give the first part for each type of produce separately.
רָבָא אָמַר: בְּלָא ״רֵאשִׁיתָם״ נָמֵי מַשְׁמַע כׇּל דָּגָן אֶחָד — לָא מָצֵית אָמְרַתְּ. בִּשְׁלָמָא הָתָם אָמְרִינַן: ״וָצֹאן״ מַשְׁמַע כׇּל צֹאן אֶחָד, דְּאִי סָלְקָא דַעְתָּךְ כְּבָשִׂים וְעִזִּים נָמֵי — לִכְתּוֹב ״וְכׇל מַעְשַׂר בְּהֵמָה״.
Rava said that there is an alternative answer: Even without the term “the first part of them” there is also no difficulty, as you cannot say the term “grain” means that all the different types of grain are considered one grain. Rava explains: Granted, there, with regard to sheep and goats, we say that the term “or the flock” means that all goats and sheep are one flock. Because if it enters your mind that sheep and goats may also not be tithed one for the other, like the herd and the flock, let the verse write: And all the animal tithe, without distinguishing between herds and flocks.
וְכִי תֵּימָא: אִי כְּתִיב ״כׇּל מַעְשַׂר בְּהֵמָה״, הֲוֵי אָמֵינָא אֲפִילּוּ חַיָּה — ״תַּחַת״ ״תַּחַת״ מִקֳּדָשִׁים גָּמַר.
And if you would say that if the verse had written: All the animal tithe, I would say that the requirement to tithe animals applies even to undomesticated animals, this is not so. The reason is that one derives the halakha of the animal tithe from sacrificial animals, via a verbal analogy of the terms “under” and “under.” With regard to sacrificial animals it states: “When a bull, or a sheep, or a goat is brought forth, then it shall be seven days under its mother, but from the eighth day onward it may be accepted for an offering made by fire to the Lord” (Leviticus 22:27), and with regard to animal tithe it states: “And all the tithe of the herd or the flock, whatever passes under the rod, the tenth shall be sacred to the Lord” (Leviticus 27:32). It is derived through this verbal analogy that just as an undomesticated animal cannot be consecrated as an offering, so too, it cannot be tithed.
וְאָתֵי בְּקַל וָחוֹמֶר מֵחָדָשׁ וְיָשָׁן, ״בָּקָר וָצֹאן״ לְמָה לִי? בָּקָר וָצֹאן הוּא דְּאֵין מִתְעַשְּׂרִין מִזֶּה עַל זֶה, אֲבָל כְּבָשִׂים וְעִזִּים מִתְעַשְּׂרִין.
Rava continues his explanation: And as one would not have thought that undomesticated animals are included in the animal tithe the verse could have stated: And all the animal tithe, and one would derive that one species may not be tithed for another by an a fortiori inference from new grain and old grain, as specified earlier: If the grain tithe may not be taken from the new grain for the old grain despite the fact that the prohibition of diverse kinds does not apply, all the more so with regard to different species of animal, which are prohibited as diverse kinds; the animal tithe may not be taken from one for another. If so, why do I need the verse to state: “The herds or the flock”? This teaches that herds of cattle and flocks of sheep or goats may not be tithed from one for the other, but sheep and goats, which are both called flocks, may be tithed from one for the other.
אֲבָל הָכָא, מִי סַגִּיא דְּלָא כְּתִיב ״דָּגָן״? לְמַעוֹטֵי שְׁאָר מִינִין.
Rava concludes: But here, in the case of grain, would it suffice if the Torah had not written: “Grain,” to exclude other types of foods from the obligation of tithes by Torah law? In other words, the term “grain” must be serving to exclude other types of food, as one cannot claim they could have been excluded in some other manner.
מַתְקֵיף לַהּ רַב הוּנָא בְּרֵיהּ דְּרַב נַחְמָן: אֵימָא לְעָרְבוּ לְבָקָר בְּצֹאן! אֲמַר לֵיהּ מָר זוּטְרָא בְּרֵיהּ דְּרַב נַחְמָן לְרָבָא: אִית לֵיהּ נָמֵי ״הָעֲשִׂירִי״.
Rav Huna, son of Rav Naḥman, objects to this claim of Rava in which it is derived from the words “herd” and “flock” that cattle and sheep may not be tithed together. One can say instead that this teaches that one should intermingle the cattle in the herd with the sheep in the flock and tithe them all together. Mar Zutra, son of Rav Naḥman, said to Rav Huna, son of Rav Naḥman: Rava also accepts the opinion of Abaye that the verse “The tenth shall be sacred to the Lord” teaches that cattle and sheep must be tithed separately, and therefore he does not entertain that derivation.
אִיכָּא דְּאָמְרִי, אָמַר רָבָא: בְּלֹא ״עֲשִׂירִי״ נָמֵי לָא מָצֵית אָמְרַתְּ בָּקָר וָצֹאן מִתְעַשְּׂרִין מִזֶּה עַל זֶה, דְּאִיתַּקַּשׁ מַעְשַׂר בְּהֵמָה לְמַעֲשֵׂר דָּגָן — מָה מַעְשַׂר דָּגָן מִמִּין עַל שֶׁאֵינוֹ מִינוֹ לָא, אַף מַעְשַׂר בְּהֵמָה מִמִּין עַל שֶׁאֵינוֹ מִינוֹ לָא.
There are those who say that Rava said: Even without the verse “The tenth shall be sacred to the Lord” you also cannot say that a herd and a flock should be tithed from one for the other, as animal tithe is juxtaposed to grain tithe: Just as grain tithe may not be separated from one type of grain for another grain that is not its type, so too, animal tithe may not be separated from one type of animal for another species of animal that is not its type.
וְהָא רָבָא הוּא דְּאָמַר: ״שָׁנָה״ לְשָׁנָה הִקַּשְׁתִּיו, וְלֹא לְדָבָר אַחֵר! הֲדַר בֵּיהּ רָבָא מֵהַהִיא. וְאִיבָּעֵית אֵימָא: חֲדָא (מיניה) [מִינַיְהִי] רַב פָּפָּא אַמְרַהּ.
The Gemara asks: But isn’t it Rava himself who said that the term: “Year by year” (Deuteronomy 14:22), teaches that I have juxtaposed the two types of tithe with regard to the year in which they were born, teaching that one may not tithe old and new flocks together, but not with regard to another matter, i.e., there is no prohibition against tithing two types together? The Gemara answers: Rava retracted that first opinion, and maintains that the juxtaposition applies even to the tithing of two types together. And if you wish, say instead that one of those opinions was said by Rav Pappa, not by Rava. Since Rav Pappa was Rava’s closest student and took over as head of the academy after Rava’s death, his statements were occasionally mistaken for those of Rava himself.
מַתְנִי׳ מַעְשַׂר בְּהֵמָה מִצְטָרֵף כִּמְלֹא רֶגֶל בְּהֵמָה רוֹעָה, וְכַמָּה הִיא רֶגֶל בְּהֵמָה רוֹעָה? שִׁשָּׁה עָשָׂר מִיל. הָיוּ בֵּין אֵלּוּ לְאֵלּוּ שְׁלֹשִׁים וּשְׁנַיִם מִיל — אֵין מִצְטָרְפִין. הָיוּ לוֹ בָּאֶמְצַע — מֵבִיא וּמְעַשְּׂרָן בָּאֶמְצַע. רַבִּי מֵאִיר אוֹמֵר: הַיַּרְדֵּן מַפְסִיק לְמַעְשַׂר בְּהֵמָה.
MISHNA: Animals subject to the obligation of animal tithe join together if the distance between them is no greater than the distance that a grazing animal can walk and still be tended by one shepherd. And how much is the distance that a grazing animal walks? It is sixteen mil. If the distance between these animals and those animals was thirty-two mil they do not join together. If he also had animals in the middle of that distance of thirty-two mil, he brings all three flocks to a pen and tithes them in the middle. Rabbi Meir says: The Jordan River divides between animals on two sides of the river with regard to animal tithe, even if the distance between them is minimal.
גְּמָ׳ מְנָא הָנֵי מִילֵּי?
GEMARA: The mishna teaches that animals join together for the purposes of tithing if the distance between them is no greater than the distance a grazing animal can walk and still be tended by one shepherd. The Gemara asks: From where are these matters derived? What is the source that this is the maximum distance at which they can be tithed together?
אָמַר רַבָּה בַּר שֵׁילָא: דְּאָמַר קְרָא ״עוֹד תַּעֲבֹרְנָה הַצֹּאן עַל יְדֵי מוֹנֶה״, וְקִים לְהוּ לְרַבָּנַן דְּשִׁיתְּסַר מִיל קָא שָׁלְטָא בֵּיהּ עֵינָא דְּרוֹעֶה.
Rabba bar Sheila said that the verse states: “So says the Lord of hosts: Yet again shall there be in this place, which is desolate, without man and without animal, and in all its cities, a habitation of shepherds causing their flocks to lie down. In the cities of the hill country, in the cities of the lowland, and in the cities of the south, and in the land of Benjamin, and in the places about Jerusalem, and in the cities of Judah, the flock shall again pass under the hands of him who counts them, says the Lord” (Jeremiah 33:12–13). It is derived from here that animals that can pass under the hands of one shepherd are called one flock and can be counted together for the animal tithe. And the Sages have an accepted tradition that the eye of the shepherd can see up to a distance of sixteen mil.
הָיוּ בֵּין אֵלּוּ לְאֵלּוּ שְׁלֹשִׁים וּשְׁנַיִם מִיל אֵין מִצְטָרְפִין וְכוּ׳. שְׁלֹשִׁים וּשְׁנַיִם הוּא דְּאֵין מִצְטָרְפִין, הָא בְּצִיר מֵהָכִי מִצְטָרְפִין? וְהָא קָתָנֵי: שִׁשָּׁה עָשָׂר מִיל, טְפֵי לָא! מִשּׁוּם דְּקָא בָעֵי לְמִיתְנֵא סֵיפָא: הָיוּ לוֹ בָּאֶמְצַע — מֵבִיא וּמְעַשְּׂרָן בָּאֶמְצַע.
§ The mishna teaches that if the distance between these animals and those animals was thirty-two mil they do not join together. The Gemara infers: It is only if the distance between them is thirty-two mil that they do not join together, from which it can be inferred that if the distance between them is less than this they do join together. But the mishna earlier teaches: Sixteen mil, which indicates: And no more. The Gemara answers: One cannot infer that if the distance is less than thirty-two mil the animals join together. The mishna mentions thirty-two mil only because it wants to teach in the latter clause: If he also had animals in the middle of that distance of thirty-two mil, he brings them all to a pen and tithes them in the middle.
וְכַמָּה? אָמַר רַב: חָמֵשׁ מִכָּאן וְחָמֵשׁ מִכָּאן וְחָמֵשׁ מֵאֶמְצַע, דְּהָנֵי חָמֵשׁ חַזְיָא לְהָכָא וְחַזְיָא לְהָכָא.
The Gemara asks: And how many animals must he have on the two sides and in the middle in order to tithe them as one group? Rav says: Five from here and five from there and five in the middle. The reason is that these five in the middle are fit to combine with the animals here and are likewise fit to combine with the animals there, to amount to a total of ten, to which the obligation of animal tithe applies. For this reason all three flocks are considered as one flock.
וּשְׁמוּאֵל אָמַר: אֲפִילּוּ חָמֵשׁ מִכָּאן וְחָמֵשׁ מִכָּאן וְאֶחָד בָּאֶמְצַע, חָזֵינַן לְרוֹעֶה כְּמַאן דְּקָאֵי הָכָא, וְקָרֵינַן בֵּיהּ ״מוֹנֶה״.
And Shmuel says: Even if there are five from here and five from there and only one in the middle they may be tithed together. The reason is that we see the shepherd as one who stands here in the middle and we apply the verse: “Who counts them” (Jeremiah 33:13), to him. Since he can see and count both sides from his vantage point in the middle, they are all considered one flock.
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Ketubot 19: Unreliable Documentation in Financial Halakhah
07.25.2022 | כ״ו בתמוז תשפ״ב
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I learned Mishnayot more than twenty years ago and started with Gemara much later in life. Although I never managed to learn Daf Yomi consistently, I am learning since some years Gemara in depth and with much joy. Since last year I am studying at the International Halakha Scholars Program at the WIHL. I often listen to Rabbanit Farbers Gemara shiurim to understand better a specific sugyiah. I am grateful for the help and inspiration!
Shoshana Ruerup
Berlin, Germany
I started my Daf Yomi journey at the beginning of the COVID19 pandemic.
Karena Perry
Los Angeles, United States
I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Sarene Shanus
Mamaroneck, NY, United States
The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.
Laura Warshawsky
Silver Spring, Maryland, United States
I went to day school in Toronto but really began to learn when I attended Brovenders back in the early 1980’s. Last year after talking to my sister who was learning Daf Yomi, inspired, I looked on the computer and the Hadran site came up. I have been listening to each days shiur in the morning as I work. I emphasis listening since I am not sitting with a Gamara. I listen while I work in my studio.
Rachel Rotenberg
Tekoa, Israel
I started learning on January 5, 2020. When I complete the 7+ year cycle I will be 70 years old. I had been intimidated by those who said that I needed to study Talmud in a traditional way with a chevruta, but I decided the learning was more important to me than the method. Thankful for Daf Yomi for Women helping me catch up when I fall behind, and also being able to celebrate with each Siyum!
Pamela Elisheva
Bakersfield, United States
In early January of 2020, I learned about Siyyum HaShas and Daf Yomi via Tablet Magazine’s brief daily podcast about the Daf. I found it compelling and fascinating. Soon I discovered Hadran; since then I have learned the Daf daily with Rabbanit Michelle Cohen Farber. The Daf has permeated my every hour, and has transformed and magnified my place within the Jewish Universe.
Lisa Berkelhammer
San Francisco, CA , United States
My first Talmud class experience was a weekly group in 1971 studying Taanit. In 2007 I resumed Talmud study with a weekly group I continue learning with. January 2020, I was inspired to try learning Daf Yomi. A friend introduced me to Daf Yomi for Women and Rabbanit Michelle Farber, I have kept with this program and look forward, G- willing, to complete the entire Shas with Hadran.
Lorri Lewis
Palo Alto, CA, United States
I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.
Naomi Niederhoffer
Toronto, Canada
I tried Daf Yomi in the middle of the last cycle after realizing I could listen to Michelle’s shiurim online. It lasted all of 2 days! Then the new cycle started just days before my father’s first yahrzeit and my youngest daughter’s bat mitzvah. It seemed the right time for a new beginning. My family, friends, colleagues are immensely supportive!
Catriella Freedman
Zichron Yaakov, Israel
I started learning daf in January, 2020, being inspired by watching the Siyyum Hashas in Binyanei Haumah. I wasn’t sure I would be able to keep up with the task. When I went to school, Gemara was not an option. Fast forward to March, 2022, and each day starts with the daf. The challenge is now learning the intricacies of delving into the actual learning. Hadran community, thank you!
Rochel Cheifetz
Riverdale, NY, United States
About a year into learning more about Judaism on a path to potential conversion, I saw an article about the upcoming Siyum HaShas in January of 2020. My curiosity was piqued and I immediately started investigating what learning the Daf actually meant. Daily learning? Just what I wanted. Seven and a half years? I love a challenge! So I dove in head first and I’ve enjoyed every moment!!
Nickie Matthews
Blacksburg, United States
When we heard that R. Michelle was starting daf yomi, my 11-year-old suggested that I go. Little did she know that she would lose me every morning from then on. I remember standing at the Farbers’ door, almost too shy to enter. After that first class, I said that I would come the next day but couldn’t commit to more. A decade later, I still look forward to learning from R. Michelle every morning.
Ruth Leah Kahan
Ra’anana, Israel
It has been a pleasure keeping pace with this wonderful and scholarly group of women.
Janice Block
Beit Shemesh, Israel
I started learning Daf Yomi because my sister, Ruth Leah Kahan, attended Michelle’s class in person and suggested I listen remotely. She always sat near Michelle and spoke up during class so that I could hear her voice. Our mom had just died unexpectedly and it made me feel connected to hear Ruth Leah’s voice, and now to know we are both listening to the same thing daily, continents apart.
Jessica Shklar
Philadelphia, United States
I learned Talmud as a student in Yeshivat Ramaz and felt at the time that Talmud wasn’t for me. After reading Ilana Kurshan’s book I was intrigued and after watching the great siyum in Yerushalayim it ignited the spark to begin this journey. It has been a transformative life experience for me as a wife, mother, Savta and member of Klal Yisrael.
Elana Storch
Phoenix, Arizona, United States
I had tried to start after being inspired by the hadran siyum, but did not manage to stick to it. However, just before masechet taanit, our rav wrote a message to the shul WhatsApp encouraging people to start with masechet taanit, so I did! And this time, I’m hooked! I listen to the shiur every day , and am also trying to improve my skills.
Laura Major
Yad Binyamin, Israel
What a great experience to learn with Rabbanit Michelle Farber. I began with this cycle in January 2020 and have been comforted by the consistency and energy of this process throughout the isolation period of Covid. Week by week, I feel like I am exploring a treasure chest with sparkling gems and puzzling antiquities. The hunt is exhilarating.
Marian Frankston
Pennsylvania, United States
I started learning Daf in Jan 2020 with Brachot b/c I had never seen the Jewish people united around something so positive, and I wanted to be a part of it. Also, I wanted to broaden my background in Torah Shebal Peh- Maayanot gave me a great gemara education, but I knew that I could hold a conversation in most parts of tanach but almost no TSB. I’m so thankful for Daf and have gained immensely.
Meira Shapiro
NJ, United States
Robin Zeiger
Tel Aviv, Israel
Bekhorot 54
אַשְׁכְּחַן תִּירוֹשׁ וְיִצְהָר, תִּירוֹשׁ וְדָגָן דָּגָן וְדָגָן מִנַּיִן? קַל וָחוֹמֶר: וּמָה תִּירוֹשׁ וְיִצְהָר שֶׁאֵינָן כִּלְאַיִם זֶה בָּזֶה — אֵין מִתְעַשְּׂרִין מִזֶּה עַל זֶה, תִּירוֹשׁ וְדָגָן דָּגָן וְדָגָן שֶׁהֵם כִּלְאַיִם זֶה בָּזֶה — אֵינוֹ דִּין שֶׁלֹּא יִתְעַשְּׂרוּ מִזֶּה עַל זֶה?
The Gemara asks: We found a source for the halakha that one may not separate teruma from wine and oil together; from where is it derived that one may not separate teruma from wine and grain together, or from grain of one kind and grain of a different kind together? The Gemara answers that this can be derived by an a fortiori inference: And if wine and oil, which are not prohibited due to the prohibition of diverse kinds if they are planted with each other, nevertheless may not be tithed from one for the other, then with regard to wine and grain or grain and grain, which are subject to the prohibition of diverse kinds when planted with each other, is it not logical that they may not be tithed from one for the other?
וּלְרַבִּי יֹאשִׁיָּה, דְּאָמַר: עַד שֶׁיִּזְרַע חִטָּה וּשְׂעוֹרָה וְחַרְצָן בְּמַפּוֹלֶת יָד, הֵיכִי מַיְיתֵי לַהּ?
The Gemara challenges: But this derivation is problematic according to the opinion of Rabbi Yoshiya, who says that the verse: “You shall not sow your vineyard with diverse kinds” (Deuteronomy 22:9), means that one who sows diverse kinds is not liable by Torah law until he sows wheat and barley and a grape seed with a single hand motion. According to this opinion, the above a fortiori inference is not valid; consequently, how does he derive the halakha that one may not tithe grain for wine or grain for grain?
מַיְיתֵי לַהּ הָכִי: וּמָה תִּירוֹשׁ וְיִצְהָר, שֶׁאֵינָן כִּלְאַיִם זֶה בָּזֶה אֲפִילּוּ עַל יְדֵי דָּבָר אַחֵר — אֵין מִתְעַשְּׂרִין מִזֶּה עַל זֶה. תִּירוֹשׁ וְדָגָן דָּגָן וְדָגָן, שֶׁהֵן כִּלְאַיִם זֶה בָּזֶה עַל יְדֵי דָּבָר אַחֵר — אֵינוֹ דִּין שֶׁלֹּא יִתְעַשְּׂרוּ מִזֶּה עַל זֶה?
The Gemara answers that he derives it in this manner: And if wine and oil, which are not prohibited as diverse kinds with each other even by means of something else, i.e., even if one planted a different kind of grain seed with them, do not become prohibited, and yet they may not be tithed from one for the other, then with regard to wine and grain or grain and grain, which are prohibited as diverse kinds with something else, i.e., if they are planted with another type of seed, is it not logical that they may not be tithed from one for the other?
וּשְׁנֵי מִינִין בְּעָלְמָא, מְנָלַן? הָנֵי דְּרַבָּנַן נִינְהוּ, וְכֹל דְּתַקִּינוּ רַבָּנַן כְּעֵין דְּאוֹרָיְיתָא תַּקִּינוּ: מָה דְּאוֹרָיְיתָא שְׁנֵי מִינִין אֵינָן מִתְעַשְּׂרִין מִזֶּה עַל זֶה, דְּרַבָּנַן נָמֵי.
The Gemara asks: It can be derived in this manner that one may not separate teruma or tithes from wine for grain or vice versa; but from where do we derive the prohibition against separating teruma or tithes from two species in general that are not grain, e.g., lentils and beans, one for the other? The Gemara answers that the obligation to separate tithes from these other species, which are not mentioned in the Torah, applies by rabbinic law, and concerning all ordinances that the Sages instituted, they instituted them parallel to Torah law. Therefore, just as by Torah law two species may not be tithed from one for the other, so too, those mixtures that are prohibited by rabbinic law may not be tithed one for another.
אֲמַר לֵיהּ רָבָא בַּר רַב חָנָן לְאַבָּיֵי: אֶלָּא מֵעַתָּה, גַּבֵּי מַעֲשַׂר בְּהֵמָה, דְּלָא כְּתִיב ״וְכׇל מַעְשַׂר בָּקָר וּמַעֲשֵׂר צֹאן״,
Rava bar Rav Ḥanan said to Abaye: If that is so, then with regard to animal tithe, where it is not written in the Torah: And all the tithe of the herd or the tithe of the flock, with the word “tithe” mentioned twice, once in reference to the herd and once in reference to the flock, but rather the verse states: “And all the tithe of the herd or the flock, whatever passes under the rod, the tenth shall be sacred to the Lord” (Leviticus 27:32),
יִתְעַשְּׂרוּ מִזֶּה עַל זֶה! אֲמַר לֵיהּ: אָמַר קְרָא ״הָעֲשִׂירִי״, תֵּן עֲשִׂירִי לָזֶה וְתֵן עֲשִׂירִי לָזֶה. אִי הָכִי, כְּבָשִׂים וְעִזִּים נָמֵי? ״וָצֹאן״ מַשְׁמַע כׇּל צֹאן אֶחָד.
let them be tithed from one for the other. Abaye said to him that the verse states: “The tenth shall be sacred to the Lord” (Leviticus 27:32). This indicates that one must give the tenth animal from this, the flock, and give the tenth animal from that, the herd, with each counted and given separately. The Gemara raises a difficulty: If so, sheep and goats should also have to be tithed separately. The Gemara answers that the verse states: “Or the flock,” which means that all the goats and sheep are one flock and may be tithed together.
הָכָא נָמֵי לֵימָא מַשְׁמַע כׇּל דָּגָן אֶחָד! אָמַר אַבָּיֵי: ״רֵאשִׁיתָם״, וְכֵן אָמַר רַבִּי אִילְעָא: ״רֵאשִׁיתָם״.
The Gemara raises a further difficulty: Here too, with regard to teruma and tithes, let us say that the term “grain” (Numbers 18:12) means that all the different types of grain are considered one grain, and may be tithed together. Abaye said in response that there it is different, as the verse states: “The first part of them” (Numbers 18:12), in the plural, which teaches that one must give the first part for each type of produce separately. And Rabbi Ile’a says likewise that “the first part of them” teaches that one must give the first part for each type of produce separately.
רָבָא אָמַר: בְּלָא ״רֵאשִׁיתָם״ נָמֵי מַשְׁמַע כׇּל דָּגָן אֶחָד — לָא מָצֵית אָמְרַתְּ. בִּשְׁלָמָא הָתָם אָמְרִינַן: ״וָצֹאן״ מַשְׁמַע כׇּל צֹאן אֶחָד, דְּאִי סָלְקָא דַעְתָּךְ כְּבָשִׂים וְעִזִּים נָמֵי — לִכְתּוֹב ״וְכׇל מַעְשַׂר בְּהֵמָה״.
Rava said that there is an alternative answer: Even without the term “the first part of them” there is also no difficulty, as you cannot say the term “grain” means that all the different types of grain are considered one grain. Rava explains: Granted, there, with regard to sheep and goats, we say that the term “or the flock” means that all goats and sheep are one flock. Because if it enters your mind that sheep and goats may also not be tithed one for the other, like the herd and the flock, let the verse write: And all the animal tithe, without distinguishing between herds and flocks.
וְכִי תֵּימָא: אִי כְּתִיב ״כׇּל מַעְשַׂר בְּהֵמָה״, הֲוֵי אָמֵינָא אֲפִילּוּ חַיָּה — ״תַּחַת״ ״תַּחַת״ מִקֳּדָשִׁים גָּמַר.
And if you would say that if the verse had written: All the animal tithe, I would say that the requirement to tithe animals applies even to undomesticated animals, this is not so. The reason is that one derives the halakha of the animal tithe from sacrificial animals, via a verbal analogy of the terms “under” and “under.” With regard to sacrificial animals it states: “When a bull, or a sheep, or a goat is brought forth, then it shall be seven days under its mother, but from the eighth day onward it may be accepted for an offering made by fire to the Lord” (Leviticus 22:27), and with regard to animal tithe it states: “And all the tithe of the herd or the flock, whatever passes under the rod, the tenth shall be sacred to the Lord” (Leviticus 27:32). It is derived through this verbal analogy that just as an undomesticated animal cannot be consecrated as an offering, so too, it cannot be tithed.
וְאָתֵי בְּקַל וָחוֹמֶר מֵחָדָשׁ וְיָשָׁן, ״בָּקָר וָצֹאן״ לְמָה לִי? בָּקָר וָצֹאן הוּא דְּאֵין מִתְעַשְּׂרִין מִזֶּה עַל זֶה, אֲבָל כְּבָשִׂים וְעִזִּים מִתְעַשְּׂרִין.
Rava continues his explanation: And as one would not have thought that undomesticated animals are included in the animal tithe the verse could have stated: And all the animal tithe, and one would derive that one species may not be tithed for another by an a fortiori inference from new grain and old grain, as specified earlier: If the grain tithe may not be taken from the new grain for the old grain despite the fact that the prohibition of diverse kinds does not apply, all the more so with regard to different species of animal, which are prohibited as diverse kinds; the animal tithe may not be taken from one for another. If so, why do I need the verse to state: “The herds or the flock”? This teaches that herds of cattle and flocks of sheep or goats may not be tithed from one for the other, but sheep and goats, which are both called flocks, may be tithed from one for the other.
אֲבָל הָכָא, מִי סַגִּיא דְּלָא כְּתִיב ״דָּגָן״? לְמַעוֹטֵי שְׁאָר מִינִין.
Rava concludes: But here, in the case of grain, would it suffice if the Torah had not written: “Grain,” to exclude other types of foods from the obligation of tithes by Torah law? In other words, the term “grain” must be serving to exclude other types of food, as one cannot claim they could have been excluded in some other manner.
מַתְקֵיף לַהּ רַב הוּנָא בְּרֵיהּ דְּרַב נַחְמָן: אֵימָא לְעָרְבוּ לְבָקָר בְּצֹאן! אֲמַר לֵיהּ מָר זוּטְרָא בְּרֵיהּ דְּרַב נַחְמָן לְרָבָא: אִית לֵיהּ נָמֵי ״הָעֲשִׂירִי״.
Rav Huna, son of Rav Naḥman, objects to this claim of Rava in which it is derived from the words “herd” and “flock” that cattle and sheep may not be tithed together. One can say instead that this teaches that one should intermingle the cattle in the herd with the sheep in the flock and tithe them all together. Mar Zutra, son of Rav Naḥman, said to Rav Huna, son of Rav Naḥman: Rava also accepts the opinion of Abaye that the verse “The tenth shall be sacred to the Lord” teaches that cattle and sheep must be tithed separately, and therefore he does not entertain that derivation.
אִיכָּא דְּאָמְרִי, אָמַר רָבָא: בְּלֹא ״עֲשִׂירִי״ נָמֵי לָא מָצֵית אָמְרַתְּ בָּקָר וָצֹאן מִתְעַשְּׂרִין מִזֶּה עַל זֶה, דְּאִיתַּקַּשׁ מַעְשַׂר בְּהֵמָה לְמַעֲשֵׂר דָּגָן — מָה מַעְשַׂר דָּגָן מִמִּין עַל שֶׁאֵינוֹ מִינוֹ לָא, אַף מַעְשַׂר בְּהֵמָה מִמִּין עַל שֶׁאֵינוֹ מִינוֹ לָא.
There are those who say that Rava said: Even without the verse “The tenth shall be sacred to the Lord” you also cannot say that a herd and a flock should be tithed from one for the other, as animal tithe is juxtaposed to grain tithe: Just as grain tithe may not be separated from one type of grain for another grain that is not its type, so too, animal tithe may not be separated from one type of animal for another species of animal that is not its type.
וְהָא רָבָא הוּא דְּאָמַר: ״שָׁנָה״ לְשָׁנָה הִקַּשְׁתִּיו, וְלֹא לְדָבָר אַחֵר! הֲדַר בֵּיהּ רָבָא מֵהַהִיא. וְאִיבָּעֵית אֵימָא: חֲדָא (מיניה) [מִינַיְהִי] רַב פָּפָּא אַמְרַהּ.
The Gemara asks: But isn’t it Rava himself who said that the term: “Year by year” (Deuteronomy 14:22), teaches that I have juxtaposed the two types of tithe with regard to the year in which they were born, teaching that one may not tithe old and new flocks together, but not with regard to another matter, i.e., there is no prohibition against tithing two types together? The Gemara answers: Rava retracted that first opinion, and maintains that the juxtaposition applies even to the tithing of two types together. And if you wish, say instead that one of those opinions was said by Rav Pappa, not by Rava. Since Rav Pappa was Rava’s closest student and took over as head of the academy after Rava’s death, his statements were occasionally mistaken for those of Rava himself.
מַתְנִי׳ מַעְשַׂר בְּהֵמָה מִצְטָרֵף כִּמְלֹא רֶגֶל בְּהֵמָה רוֹעָה, וְכַמָּה הִיא רֶגֶל בְּהֵמָה רוֹעָה? שִׁשָּׁה עָשָׂר מִיל. הָיוּ בֵּין אֵלּוּ לְאֵלּוּ שְׁלֹשִׁים וּשְׁנַיִם מִיל — אֵין מִצְטָרְפִין. הָיוּ לוֹ בָּאֶמְצַע — מֵבִיא וּמְעַשְּׂרָן בָּאֶמְצַע. רַבִּי מֵאִיר אוֹמֵר: הַיַּרְדֵּן מַפְסִיק לְמַעְשַׂר בְּהֵמָה.
MISHNA: Animals subject to the obligation of animal tithe join together if the distance between them is no greater than the distance that a grazing animal can walk and still be tended by one shepherd. And how much is the distance that a grazing animal walks? It is sixteen mil. If the distance between these animals and those animals was thirty-two mil they do not join together. If he also had animals in the middle of that distance of thirty-two mil, he brings all three flocks to a pen and tithes them in the middle. Rabbi Meir says: The Jordan River divides between animals on two sides of the river with regard to animal tithe, even if the distance between them is minimal.
גְּמָ׳ מְנָא הָנֵי מִילֵּי?
GEMARA: The mishna teaches that animals join together for the purposes of tithing if the distance between them is no greater than the distance a grazing animal can walk and still be tended by one shepherd. The Gemara asks: From where are these matters derived? What is the source that this is the maximum distance at which they can be tithed together?
אָמַר רַבָּה בַּר שֵׁילָא: דְּאָמַר קְרָא ״עוֹד תַּעֲבֹרְנָה הַצֹּאן עַל יְדֵי מוֹנֶה״, וְקִים לְהוּ לְרַבָּנַן דְּשִׁיתְּסַר מִיל קָא שָׁלְטָא בֵּיהּ עֵינָא דְּרוֹעֶה.
Rabba bar Sheila said that the verse states: “So says the Lord of hosts: Yet again shall there be in this place, which is desolate, without man and without animal, and in all its cities, a habitation of shepherds causing their flocks to lie down. In the cities of the hill country, in the cities of the lowland, and in the cities of the south, and in the land of Benjamin, and in the places about Jerusalem, and in the cities of Judah, the flock shall again pass under the hands of him who counts them, says the Lord” (Jeremiah 33:12–13). It is derived from here that animals that can pass under the hands of one shepherd are called one flock and can be counted together for the animal tithe. And the Sages have an accepted tradition that the eye of the shepherd can see up to a distance of sixteen mil.
הָיוּ בֵּין אֵלּוּ לְאֵלּוּ שְׁלֹשִׁים וּשְׁנַיִם מִיל אֵין מִצְטָרְפִין וְכוּ׳. שְׁלֹשִׁים וּשְׁנַיִם הוּא דְּאֵין מִצְטָרְפִין, הָא בְּצִיר מֵהָכִי מִצְטָרְפִין? וְהָא קָתָנֵי: שִׁשָּׁה עָשָׂר מִיל, טְפֵי לָא! מִשּׁוּם דְּקָא בָעֵי לְמִיתְנֵא סֵיפָא: הָיוּ לוֹ בָּאֶמְצַע — מֵבִיא וּמְעַשְּׂרָן בָּאֶמְצַע.
§ The mishna teaches that if the distance between these animals and those animals was thirty-two mil they do not join together. The Gemara infers: It is only if the distance between them is thirty-two mil that they do not join together, from which it can be inferred that if the distance between them is less than this they do join together. But the mishna earlier teaches: Sixteen mil, which indicates: And no more. The Gemara answers: One cannot infer that if the distance is less than thirty-two mil the animals join together. The mishna mentions thirty-two mil only because it wants to teach in the latter clause: If he also had animals in the middle of that distance of thirty-two mil, he brings them all to a pen and tithes them in the middle.
וְכַמָּה? אָמַר רַב: חָמֵשׁ מִכָּאן וְחָמֵשׁ מִכָּאן וְחָמֵשׁ מֵאֶמְצַע, דְּהָנֵי חָמֵשׁ חַזְיָא לְהָכָא וְחַזְיָא לְהָכָא.
The Gemara asks: And how many animals must he have on the two sides and in the middle in order to tithe them as one group? Rav says: Five from here and five from there and five in the middle. The reason is that these five in the middle are fit to combine with the animals here and are likewise fit to combine with the animals there, to amount to a total of ten, to which the obligation of animal tithe applies. For this reason all three flocks are considered as one flock.
וּשְׁמוּאֵל אָמַר: אֲפִילּוּ חָמֵשׁ מִכָּאן וְחָמֵשׁ מִכָּאן וְאֶחָד בָּאֶמְצַע, חָזֵינַן לְרוֹעֶה כְּמַאן דְּקָאֵי הָכָא, וְקָרֵינַן בֵּיהּ ״מוֹנֶה״.
And Shmuel says: Even if there are five from here and five from there and only one in the middle they may be tithed together. The reason is that we see the shepherd as one who stands here in the middle and we apply the verse: “Who counts them” (Jeremiah 33:13), to him. Since he can see and count both sides from his vantage point in the middle, they are all considered one flock.
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