If the tenth and eleventh comes out together and the owner calls them “tenth”, what are the different opinions regarding the halacha? If his messenger makes a mistake, is it the same as if the owner did, or is it different?
This month’s learning is sponsored by Jonathan Loring in honor of his wife, Leah Ackner and their children Zev and Meira. “From the first day I met my wife in Hebrew class at JTS to watching her show kindness when we volunteered together to help those in need and even when I had to wait 9 years for a first date, my wife has always been an inspiration to me and everyone she meets. Thank you for these 20 years and B’Ezrat Hashem to many more! I love you wifesy.”
This month’s learning is dedicated for a refuah shleima for Pesha Etel bat Sarah
This week’s learning is sponsored by Sarah Zahavi for the continued health and good outcome for Talia Nechama bat Chana.
Want to dedicate learning? Get started here:
English
עברית
0:00
0:00
0:00
0:00
Today’s daily daf tools:
This month’s learning is sponsored by Jonathan Loring in honor of his wife, Leah Ackner and their children Zev and Meira. “From the first day I met my wife in Hebrew class at JTS to watching her show kindness when we volunteered together to help those in need and even when I had to wait 9 years for a first date, my wife has always been an inspiration to me and everyone she meets. Thank you for these 20 years and B’Ezrat Hashem to many more! I love you wifesy.”
This month’s learning is dedicated for a refuah shleima for Pesha Etel bat Sarah
This week’s learning is sponsored by Sarah Zahavi for the continued health and good outcome for Talia Nechama bat Chana.
Bekhorot 61
וְהָא דְּתָנֵי יִקְרְיבוּ — רַבִּי שִׁמְעוֹן הִיא, דְּאָמַר: מְבִיאִין קָדָשִׁים לְבֵית הַפְּסוּל.
And the ruling of this tanna, who teaches: Both animals must be sacrificed, is in accordance with the opinion of Rabbi Shimon, who says that one may bring sacrificial animals to a situation where the likelihood of disqualification is increased.
וְהָא דְּתָנֵי יָמוּתוּ — רַבִּי יְהוּדָה הִיא, דְּאָמַר: טָעוּת מַעֲשֵׂר, תְּמוּרָה הָוְיָא, קָסָבַר רַבִּי יְהוּדָה: תְּמוּרַת מַעֲשֵׂר מֵתָה.
And the ruling of this tanna, who teaches: Both animals must die, is in accordance with the opinion of Rabbi Yehuda, who says: When the owner makes a mistake in designating animal tithe, e.g., if one designates the ninth animal as the tenth, the designated animal has the status of a substitute animal. And Rabbi Yehuda holds that a substitute for an animal tithe must be left to die. Since it is uncertain which animal is the eleventh, both are left to die.
וְקָסָבַר רַבִּי יְהוּדָה תְּמוּרַת מַעֲשֵׂר מֵתָה? וְהָתְנַן, אָמְרוּ מִשּׁוּם רַבִּי מֵאִיר: אִילּוּ הָיָה תְּמוּרָה לֹא הָיָה קָרֵב, מִכְּלָל דְּרַבִּי יְהוּדָה סָבַר קָרֵב!
The Gemara asks: And does Rabbi Yehuda hold that a substitute for an animal tithe must die? But didn’t we learn in the mishna: The Sages said in the name of Rabbi Meir, in response to the statement of Rabbi Yehuda: The eleventh animal is not considered a substitute for the animal tithe, since if it were a substitute it would not be sacrificed, as the substitute for an animal tithe is not sacrificed?By inference, Rabbi Yehuda holds that the eleventh animal is sacrificed, and not put to death, despite the fact that it has the status of a substitute animal.
וְכִי תֵּימָא: רַבִּי מֵאִיר לְמַאי דִּסְבִירָא לֵיהּ קָאָמַר, וְהָתַנְיָא: אֵין בֵּין אַחַד עָשָׂר לִשְׁלָמִים, אֶלָּא שֶׁזֶּה עוֹשֶׂה קְדוּשָּׁה לִיקְרַב, וְזֶה אֵין עוֹשֶׂה קְדוּשָּׁה לִיקְרַב, דִּבְרֵי רַבִּי יְהוּדָה. קָדוֹשׁ לִיקְרַב הוּא דְּלָא הוּא עָבֵיד, הָא אִיהוּ גּוּפֵיהּ קָרֵיב!
The Gemara continues: And if you would say that Rabbi Meir is saying his statement according to what he himself holds, and therefore nothing can be inferred from his comment with regard to the opinion of Rabbi Yehuda, that cannot be so; but isn’t it taught in a baraita: The difference between the eleventh animal mistakenly designated as animal tithe and a peace offering is only that this, the peace offering, renders a substitute sanctified to the extent that it can be sacrificed, but that, the eleventh animal mistakenly designated as animal tithe, does not render its substitute sanctified to be sacrificed; this is the statement of Rabbi Yehuda? The Gemara infers: It is stated only that the eleventh animal mistakenly designated as tithe does not render its substitute sanctified with enough sanctity to be sacrificed, which indicates the eleventh animal itself is sacrificed and not put to death.
וְעוֹד, דְּתַנְיָא: ״אִם מִן הַבָּקָר״ — לְרַבּוֹת אַחַד עָשָׂר לִשְׁלָמִים.
And furthermore, there is a source that indicates that Rabbi Yehuda holds that a mistakenly designated animal tithe is sacrificed, as it is taught in a baraita in the Sifra: “And if his offering be a sacrifice of peace offerings: If he sacrifice of the herd, whether male or female, he shall sacrifice it without blemish before the Lord” (Leviticus 3:1). This serves to include the eleventh animal mistakenly designated as tithe; it must be sacrificed as a peace offering.
יָכוֹל שֶׁאֲנִי מְרַבֶּה אַף הַתְּשִׁיעִי? אָמַרְתָּ: וְכִי הֶקְדֵּשׁ לְפָנָיו מְקַדֵּשׁ אוֹ לְאַחֲרָיו מְקַדֵּשׁ? הֱוֵי אוֹמֵר — לְאַחֲרָיו מְקַדֵּשׁ.
One might have thought that I include even the ninth animal mistakenly designated as the tithe. You say in rejection of this suggestion: But does consecration sanctify a substitute before the original animal is sanctified, or does it sanctify only after the original animal is sanctified? You must say that it sanctifies only after the original animal is sanctified. If so, only the eleventh animal is sacrificed as a peace offering, but not the ninth.
סְתָם סִיפְרָא מַנִּי? רַבִּי יְהוּדָה, וְקָתָנֵי: ״מִן הַבָּקָר״ — לְרַבּוֹת אַחַד עָשָׂר לִשְׁלָמִים.
And who is the author of the unattributed statement in the Sifra? It is Rabbi Yehuda. And the baraita is teaching that the verse: “If he sacrifice of the herd, whether male or female, he shall sacrifice it without blemish before the Lord,” serves to include the eleventh animal mistakenly designated as tithe, i.e., to teach that it must be sacrificed as a peace offering. Evidently, Rabbi Yehuda does not hold that the eleventh animal mistakenly designated as tithe must die.
אֶלָּא תַּרְגְּמַהּ רַבִּי שִׁמְעוֹן בְּרַבִּי אַבָּא קַמֵּיהּ דְּרַבִּי יוֹחָנָן: בְּמַעֲשֵׂר בִּזְמַן הַזֶּה עָסְקִינַן, וּמִשּׁוּם תַּקָּלָה.
If so, in accordance with whose opinion is the baraita that rules that in a case where two animals emerged together as the tenth, and the owner called them both the tenth, they must both die? It cannot be in accordance with the opinion of Rabbi Yehuda. Rather, Rabbi Shimon, son of Rabbi Abba, interpreted that baraita before Rabbi Yoḥanan: We are dealing with animal tithe in the present time, and the animals must die due to concern that a mishap might occur, as one might shear them or put them to work, or eat them before they develop a blemish.
אִי הָכִי, מַאי אִירְיָא תְּרֵי? אֲפִילּוּ חַד נָמֵי! לָא מִיבַּעְיָא קָאָמַר: לָא מִיבַּעְיָא חַד דְּלֵית לֵיהּ פְּסֵידָא, אֲבָל תְּרֵי, כֵּיוָן דִּנְפִישִׁי פְּסֵידָא — לִישַׁהִינְהוּ עַד דְּנִיפּוֹל בְּהוּ מוּמָא וְלֵיכְלִינְהוּ, קָא מַשְׁמַע לַן.
The Gemara asks: If so, why is the baraita referring specifically to a case where two animals left the pen at the same time? The same would hold true even with regard to one animal designated as tithe, as it cannot be sacrificed nowadays. The Gemara answers: The tanna is speaking utilizing the style of: It is not necessary. It is not necessary to teach that in a case where one animal was designated as tithe it must die, as there is no major financial loss. But in a case where two animals were designated as tithe, since the loss is great one might think he should leave them until they develop a blemish, and then eat them. Therefore, the tanna teaches us that even in a case where two animals were designated as tithe, both must die.
אִיתְּמַר: הָאוֹמֵר לִשְׁלוּחוֹ ״צֵא וְעַשֵּׂר עָלַי״, רַב פַּפִּי מִשְּׁמֵיהּ דְּרָבָא אָמַר: קָרָא לַתְּשִׁיעִי ״עֲשִׂירִי״ — קָדוֹשׁ, וְלָאַחַד עָשָׂר ״עֲשִׂירִי״ — אֵינוֹ קָדוֹשׁ. וְרַב פָּפָּא אָמַר: אֲפִילּוּ קָרָא לַתְּשִׁיעִי ״עֲשִׂירִי״ — אֵינוֹ קָדוֹשׁ, דְּאָמַר לֵיהּ: לְתַקּוֹנֵי שַׁדַּרְתָּיךָ וְלָא לְעַוּוֹתֵי.
It was stated: In the case of one who says to his agent: Go and separate animal tithe on my behalf, Rav Pappi says in the name of Rava: If he called the ninth animal the tenth, it is sanctified and may not be eaten until it has developed a blemish. The owner is not particular about this error, as the animal is not rendered entirely prohibited. But if he designated the eleventh animal as the tenth it is not sanctified as a peace offering, as the owner would not tolerate losing the animal entirely. And Rav Pappa disagrees and says: Even if the agent called the ninth animal the tenth it is not sanctified, as the owner who sent him can say to him: I sent you to act for my benefit and not to my detriment. The authority to serve as an agent does not extend to a case where he acts to the detriment of the one who designated him.
וּמַאי שְׁנָא מֵהָא דִּתְנַן: הָאוֹמֵר לִשְׁלוּחוֹ ״צֵא וּתְרוֹם״ — תּוֹרֵם כְּדַעַת בַּעַל הַבַּיִת.
The Gemara asks: And in what manner is the case of animal tithe different from that which we learned in a mishna (Terumot 4:4): With regard to one who says to his agent: Go and separate teruma, the agent separates teruma in accordance with the intention of the homeowner. He must separate the amount that he assumes the owner would want to give, as there is no fixed measure that one must set aside as teruma. A generous person gives as much as one-fortieth of his produce as teruma, while a stingy person can give one-sixtieth.
אִם אֵינוֹ יוֹדֵעַ דַּעְתּוֹ שֶׁל בַּעַל הַבַּיִת — תּוֹרֵם בְּבֵינוֹנִית, אֶחָד מֵחֲמִשִּׁים. פִּיחֵת עֲשָׂרָה אוֹ הוֹסִיף עֲשָׂרָה — תְּרוּמָתוֹ תְּרוּמָה?
The mishna continues: If he does not know the intention of the homeowner he separates an intermediate measure, i.e., one-fiftieth of the produce. If he subtracted ten from the denominator and separated one-fortieth of the produce, or added ten to the denominator and separated one-sixtieth, his teruma is considered teruma. In this case too, the owner should also be able to say he did not send the agent to act to his detriment, and therefore the act of separating teruma should not take effect.
אָמְרִי: הָתָם, כֵּיוָן דְּאִיכָּא דְּתָרֵים בְּעַיִן יָפָה, וְאִיכָּא דְּתָרֵים בְּעַיִן רָעָה, אָמַר: לְהָכִי אֲמַדְתִּיךְ. הָכָא טָעוּתָא הִיא, אָמַר: לָא אִיבְּעִי לָךְ לְמִיטְעֵי.
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.
הֲדַרַן עֲלָךְ מַעְשַׂר בְּהֵמָה, וּסְלִיקָא לַהּ מַסֶּכֶת בְּכוֹרוֹת.
Follow 
Today’s daily daf tools:
Delve Deeper
Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.
Shabbat 16: When All of the Vessels in the Palace Were Impure
March 22, 2020 | כ״ו באדר תש״פ
Bava Kamma 66: Despair
January 07, 2024 | כ״ו בטבת תשפ״ד
Through the Prism of Law and Narrative: Yibum and the Biblical Woman with Dean Rachel Friedman
July 11, 2022 | י״ב בתמוז תשפ״ב
New to Talmud?
Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you.
The Hadran Women’s Tapestry
Meet the diverse women learning Gemara at Hadran and hear their stories.
I began my journey with Rabbanit Michelle more than five years ago. My friend came up with a great idea for about 15 of us to learn the daf and one of us would summarize weekly what we learned.
It was fun but after 2-3 months people began to leave. I have continued. Since the cycle began Again I have joined the Teaneck women.. I find it most rewarding in so many ways. Thank you
Dena Heller
New Jersey, United States
I began to learn this cycle of Daf Yomi after my husband passed away 2 1/2 years ago. It seemed a good way to connect to him. Even though I don’t know whether he would have encouraged women learning Gemara, it would have opened wonderful conversations. It also gives me more depth for understanding my frum children and grandchildren. Thank you Hadran and Rabbanit Michelle Farber!!
Harriet Hartman
Tzur Hadassah, Israel
My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others. Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life. Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.
Rina Goldberg
Englewood NJ, United States
I began learning the daf in January 2022. I initially “flew under the radar,” sharing my journey with my husband and a few close friends. I was apprehensive – who, me? Gemara? Now, 2 years in, I feel changed. The rigor of a daily commitment frames my days. The intellectual engagement enhances my knowledge. And the virtual community of learners has become a new family, weaving a glorious tapestry.
Gitta Jaroslawicz-Neufeld
Far Rockaway, United States
Retirement and Covid converged to provide me with the opportunity to commit to daily Talmud study in October 2020. I dove into the middle of Eruvin and continued to navigate Seder Moed, with Rabannit Michelle as my guide. I have developed more confidence in my learning as I completed each masechet and look forward to completing the Daf Yomi cycle so that I can begin again!
Rhona Fink
San Diego, United States
I started learning after the siyum hashas for women and my daily learning has been a constant over the last two years. It grounded me during the chaos of Corona while providing me with a community of fellow learners. The Daf can be challenging but it’s filled with life’s lessons, struggles and hope for a better world. It’s not about the destination but rather about the journey. Thank you Hadran!
Dena Lehrman
אפרת, Israel
Geri Goldstein got me started learning daf yomi when I was in Israel 2 years ago. It’s been a challenge and I’ve learned a lot though I’m sure I miss a lot. I quilt as I listen and I want to share what I’ve been working on.
Rebecca Stulberg
Ottawa, Canada
Years ago, I attended the local Siyum HaShas with my high school class. It was inspiring! Through that cycle and the next one, I studied masekhtot on my own and then did “daf yomi practice.” The amazing Hadran Siyum HaShas event firmed my resolve to “really do” Daf Yomi this time. It has become a family goal. We’ve supported each other through challenges, and now we’re at the Siyum of Seder Moed!
Elisheva Brauner
Jerusalem, Israel
I decided to give daf yomi a try when I heard about the siyum hashas in 2020. Once the pandemic hit, the daily commitment gave my days some much-needed structure. There have been times when I’ve felt like quitting- especially when encountering very technical details in the text. But then I tell myself, “Look how much you’ve done. You can’t stop now!” So I keep going & my Koren bookshelf grows…
Miriam Eckstein-Koas
Huntington, United States
A few years back, after reading Ilana Kurshan’s book, “If All The Seas Were Ink,” I began pondering the crazy, outlandish idea of beginning the Daf Yomi cycle. Beginning in December, 2019, a month before the previous cycle ended, I “auditioned” 30 different podcasts in 30 days, and ultimately chose to take the plunge with Hadran and Rabbanit Michelle. Such joy!
Cindy Dolgin
HUNTINGTON, United States
I saw an elderly man at the shul kiddush in early March 2020, celebrating the siyyum of masechet brachot which he had been learning with a young yeshiva student. I thought, if he can do it, I can do it! I began to learn masechet Shabbat the next day, Making up masechet brachot myself, which I had missed. I haven’t missed a day since, thanks to the ease of listening to Hadran’s podcast!
Judith Shapiro
Minnesota, United States
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 had no formal learning in Talmud until I began my studies in the Joint Program where in 1976 I was one of the few, if not the only, woman talmud major. It was superior training for law school and enabled me to approach my legal studies with a foundation . In 2018, I began daf yomi listening to Rabbanit MIchelle’s pod cast and my daily talmud studies are one of the highlights of my life.
Terri Krivosha
Minneapolis, United States
I’ve been learning since January 2020, and in June I started drawing a phrase from each daf. Sometimes it’s easy (e.g. plants), sometimes it’s very hard (e.g. korbanot), and sometimes it’s loads of fun (e.g. bird racing) to find something to draw. I upload my pictures from each masechet to #DafYomiArt. I am enjoying every step of the journey.
Gila Loike
Ashdod, Israel
At almost 70 I am just beginning my journey with Talmud and Hadran. I began not late, but right when I was called to learn. It is never too late to begin! The understanding patience of staff and participants with more experience and knowledge has been fabulous. The joy of learning never stops and for me. It is a new life, a new light, a new depth of love of The Holy One, Blessed be He.
Deborah Hoffman-Wade
Richmond, CA, 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
When I was working and taking care of my children, learning was never on the list. Now that I have more time I have two different Gemora classes and the nach yomi as well as the mishna yomi daily.
Shoshana Shinnar
Jerusalem, Israel
I have joined the community of daf yomi learners at the start of this cycle. I have studied in different ways – by reading the page, translating the page, attending a local shiur and listening to Rabbanit Farber’s podcasts, depending on circumstances and where I was at the time. The reactions have been positive throughout – with no exception!
Silke Goldberg
Guildford, United Kingdom
Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.
Lisa S. Malik
Wynnewood, United States
I never thought I’d be able to do Daf Yomi till I saw the video of Hadran’s Siyum HaShas. Now, 2 years later, I’m about to participate in Siyum Seder Mo’ed with my Hadran community. It has been an incredible privilege to learn with Rabbanit Michelle and to get to know so many caring, talented and knowledgeable women. I look forward with great anticipation and excitement to learning Seder Nashim.
Caroline Ben-Ari
Karmiel, Israel
Bekhorot 61
וְהָא דְּתָנֵי יִקְרְיבוּ — רַבִּי שִׁמְעוֹן הִיא, דְּאָמַר: מְבִיאִין קָדָשִׁים לְבֵית הַפְּסוּל.
And the ruling of this tanna, who teaches: Both animals must be sacrificed, is in accordance with the opinion of Rabbi Shimon, who says that one may bring sacrificial animals to a situation where the likelihood of disqualification is increased.
וְהָא דְּתָנֵי יָמוּתוּ — רַבִּי יְהוּדָה הִיא, דְּאָמַר: טָעוּת מַעֲשֵׂר, תְּמוּרָה הָוְיָא, קָסָבַר רַבִּי יְהוּדָה: תְּמוּרַת מַעֲשֵׂר מֵתָה.
And the ruling of this tanna, who teaches: Both animals must die, is in accordance with the opinion of Rabbi Yehuda, who says: When the owner makes a mistake in designating animal tithe, e.g., if one designates the ninth animal as the tenth, the designated animal has the status of a substitute animal. And Rabbi Yehuda holds that a substitute for an animal tithe must be left to die. Since it is uncertain which animal is the eleventh, both are left to die.
וְקָסָבַר רַבִּי יְהוּדָה תְּמוּרַת מַעֲשֵׂר מֵתָה? וְהָתְנַן, אָמְרוּ מִשּׁוּם רַבִּי מֵאִיר: אִילּוּ הָיָה תְּמוּרָה לֹא הָיָה קָרֵב, מִכְּלָל דְּרַבִּי יְהוּדָה סָבַר קָרֵב!
The Gemara asks: And does Rabbi Yehuda hold that a substitute for an animal tithe must die? But didn’t we learn in the mishna: The Sages said in the name of Rabbi Meir, in response to the statement of Rabbi Yehuda: The eleventh animal is not considered a substitute for the animal tithe, since if it were a substitute it would not be sacrificed, as the substitute for an animal tithe is not sacrificed?By inference, Rabbi Yehuda holds that the eleventh animal is sacrificed, and not put to death, despite the fact that it has the status of a substitute animal.
וְכִי תֵּימָא: רַבִּי מֵאִיר לְמַאי דִּסְבִירָא לֵיהּ קָאָמַר, וְהָתַנְיָא: אֵין בֵּין אַחַד עָשָׂר לִשְׁלָמִים, אֶלָּא שֶׁזֶּה עוֹשֶׂה קְדוּשָּׁה לִיקְרַב, וְזֶה אֵין עוֹשֶׂה קְדוּשָּׁה לִיקְרַב, דִּבְרֵי רַבִּי יְהוּדָה. קָדוֹשׁ לִיקְרַב הוּא דְּלָא הוּא עָבֵיד, הָא אִיהוּ גּוּפֵיהּ קָרֵיב!
The Gemara continues: And if you would say that Rabbi Meir is saying his statement according to what he himself holds, and therefore nothing can be inferred from his comment with regard to the opinion of Rabbi Yehuda, that cannot be so; but isn’t it taught in a baraita: The difference between the eleventh animal mistakenly designated as animal tithe and a peace offering is only that this, the peace offering, renders a substitute sanctified to the extent that it can be sacrificed, but that, the eleventh animal mistakenly designated as animal tithe, does not render its substitute sanctified to be sacrificed; this is the statement of Rabbi Yehuda? The Gemara infers: It is stated only that the eleventh animal mistakenly designated as tithe does not render its substitute sanctified with enough sanctity to be sacrificed, which indicates the eleventh animal itself is sacrificed and not put to death.
וְעוֹד, דְּתַנְיָא: ״אִם מִן הַבָּקָר״ — לְרַבּוֹת אַחַד עָשָׂר לִשְׁלָמִים.
And furthermore, there is a source that indicates that Rabbi Yehuda holds that a mistakenly designated animal tithe is sacrificed, as it is taught in a baraita in the Sifra: “And if his offering be a sacrifice of peace offerings: If he sacrifice of the herd, whether male or female, he shall sacrifice it without blemish before the Lord” (Leviticus 3:1). This serves to include the eleventh animal mistakenly designated as tithe; it must be sacrificed as a peace offering.
יָכוֹל שֶׁאֲנִי מְרַבֶּה אַף הַתְּשִׁיעִי? אָמַרְתָּ: וְכִי הֶקְדֵּשׁ לְפָנָיו מְקַדֵּשׁ אוֹ לְאַחֲרָיו מְקַדֵּשׁ? הֱוֵי אוֹמֵר — לְאַחֲרָיו מְקַדֵּשׁ.
One might have thought that I include even the ninth animal mistakenly designated as the tithe. You say in rejection of this suggestion: But does consecration sanctify a substitute before the original animal is sanctified, or does it sanctify only after the original animal is sanctified? You must say that it sanctifies only after the original animal is sanctified. If so, only the eleventh animal is sacrificed as a peace offering, but not the ninth.
סְתָם סִיפְרָא מַנִּי? רַבִּי יְהוּדָה, וְקָתָנֵי: ״מִן הַבָּקָר״ — לְרַבּוֹת אַחַד עָשָׂר לִשְׁלָמִים.
And who is the author of the unattributed statement in the Sifra? It is Rabbi Yehuda. And the baraita is teaching that the verse: “If he sacrifice of the herd, whether male or female, he shall sacrifice it without blemish before the Lord,” serves to include the eleventh animal mistakenly designated as tithe, i.e., to teach that it must be sacrificed as a peace offering. Evidently, Rabbi Yehuda does not hold that the eleventh animal mistakenly designated as tithe must die.
אֶלָּא תַּרְגְּמַהּ רַבִּי שִׁמְעוֹן בְּרַבִּי אַבָּא קַמֵּיהּ דְּרַבִּי יוֹחָנָן: בְּמַעֲשֵׂר בִּזְמַן הַזֶּה עָסְקִינַן, וּמִשּׁוּם תַּקָּלָה.
If so, in accordance with whose opinion is the baraita that rules that in a case where two animals emerged together as the tenth, and the owner called them both the tenth, they must both die? It cannot be in accordance with the opinion of Rabbi Yehuda. Rather, Rabbi Shimon, son of Rabbi Abba, interpreted that baraita before Rabbi Yoḥanan: We are dealing with animal tithe in the present time, and the animals must die due to concern that a mishap might occur, as one might shear them or put them to work, or eat them before they develop a blemish.
אִי הָכִי, מַאי אִירְיָא תְּרֵי? אֲפִילּוּ חַד נָמֵי! לָא מִיבַּעְיָא קָאָמַר: לָא מִיבַּעְיָא חַד דְּלֵית לֵיהּ פְּסֵידָא, אֲבָל תְּרֵי, כֵּיוָן דִּנְפִישִׁי פְּסֵידָא — לִישַׁהִינְהוּ עַד דְּנִיפּוֹל בְּהוּ מוּמָא וְלֵיכְלִינְהוּ, קָא מַשְׁמַע לַן.
The Gemara asks: If so, why is the baraita referring specifically to a case where two animals left the pen at the same time? The same would hold true even with regard to one animal designated as tithe, as it cannot be sacrificed nowadays. The Gemara answers: The tanna is speaking utilizing the style of: It is not necessary. It is not necessary to teach that in a case where one animal was designated as tithe it must die, as there is no major financial loss. But in a case where two animals were designated as tithe, since the loss is great one might think he should leave them until they develop a blemish, and then eat them. Therefore, the tanna teaches us that even in a case where two animals were designated as tithe, both must die.
אִיתְּמַר: הָאוֹמֵר לִשְׁלוּחוֹ ״צֵא וְעַשֵּׂר עָלַי״, רַב פַּפִּי מִשְּׁמֵיהּ דְּרָבָא אָמַר: קָרָא לַתְּשִׁיעִי ״עֲשִׂירִי״ — קָדוֹשׁ, וְלָאַחַד עָשָׂר ״עֲשִׂירִי״ — אֵינוֹ קָדוֹשׁ. וְרַב פָּפָּא אָמַר: אֲפִילּוּ קָרָא לַתְּשִׁיעִי ״עֲשִׂירִי״ — אֵינוֹ קָדוֹשׁ, דְּאָמַר לֵיהּ: לְתַקּוֹנֵי שַׁדַּרְתָּיךָ וְלָא לְעַוּוֹתֵי.
It was stated: In the case of one who says to his agent: Go and separate animal tithe on my behalf, Rav Pappi says in the name of Rava: If he called the ninth animal the tenth, it is sanctified and may not be eaten until it has developed a blemish. The owner is not particular about this error, as the animal is not rendered entirely prohibited. But if he designated the eleventh animal as the tenth it is not sanctified as a peace offering, as the owner would not tolerate losing the animal entirely. And Rav Pappa disagrees and says: Even if the agent called the ninth animal the tenth it is not sanctified, as the owner who sent him can say to him: I sent you to act for my benefit and not to my detriment. The authority to serve as an agent does not extend to a case where he acts to the detriment of the one who designated him.
וּמַאי שְׁנָא מֵהָא דִּתְנַן: הָאוֹמֵר לִשְׁלוּחוֹ ״צֵא וּתְרוֹם״ — תּוֹרֵם כְּדַעַת בַּעַל הַבַּיִת.
The Gemara asks: And in what manner is the case of animal tithe different from that which we learned in a mishna (Terumot 4:4): With regard to one who says to his agent: Go and separate teruma, the agent separates teruma in accordance with the intention of the homeowner. He must separate the amount that he assumes the owner would want to give, as there is no fixed measure that one must set aside as teruma. A generous person gives as much as one-fortieth of his produce as teruma, while a stingy person can give one-sixtieth.
אִם אֵינוֹ יוֹדֵעַ דַּעְתּוֹ שֶׁל בַּעַל הַבַּיִת — תּוֹרֵם בְּבֵינוֹנִית, אֶחָד מֵחֲמִשִּׁים. פִּיחֵת עֲשָׂרָה אוֹ הוֹסִיף עֲשָׂרָה — תְּרוּמָתוֹ תְּרוּמָה?
The mishna continues: If he does not know the intention of the homeowner he separates an intermediate measure, i.e., one-fiftieth of the produce. If he subtracted ten from the denominator and separated one-fortieth of the produce, or added ten to the denominator and separated one-sixtieth, his teruma is considered teruma. In this case too, the owner should also be able to say he did not send the agent to act to his detriment, and therefore the act of separating teruma should not take effect.
אָמְרִי: הָתָם, כֵּיוָן דְּאִיכָּא דְּתָרֵים בְּעַיִן יָפָה, וְאִיכָּא דְּתָרֵים בְּעַיִן רָעָה, אָמַר: לְהָכִי אֲמַדְתִּיךְ. הָכָא טָעוּתָא הִיא, אָמַר: לָא אִיבְּעִי לָךְ לְמִיטְעֵי.
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.
הֲדַרַן עֲלָךְ מַעְשַׂר בְּהֵמָה, וּסְלִיקָא לַהּ מַסֶּכֶת בְּכוֹרוֹת.
Follow
