Mishnah 1
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1)

(a)The Mishnah now discusses Ma'aser Beheimah (See Tosfos Yom Tov). From which Pasuk in Bechukosai do we learn it?

(b)After the Cheilev and Dam have been brought on the Mizbe'ach, who eats the Basar?

(c)For how long can it be eaten?

(d)Where must it be eaten?

(e)What if it is a Ba'al-Mum?

1)

(a)The Mishnah now discusses Ma'aser Beheimah (See Tosfos Yom Tov, which we learn from the Pasuk in Bechukosai - "Kol asher Ya'avor Tachas ha'Shavet, ha'Asiri Yih'yeh Kodesh la'Hashem".

(b)After the Cheilev and Dam have been brought on the Mizbe'ach, the Basar is eaten - by the owner, provided he is Tahor ...

(c)... for two days and the intervening night ...

(d)... in Yerushalayim (like Shelamim).

(e)If it is a Ba'al-Mum - it can be eaten anywhere, even be'Tum'ah.

2)

(a)What do we do with Ma'aser Beheimah nowadays?

(b)One of the reasons that we don't separate it nowadays is because one might come to Shecht it before it obtains a Mum. What is the other?

2)

(a)Nowadays - we simply do not separate Ma'aser Beheimah (See Tosfos Yom Tov), either ...

(b)... because one might come to Shecht it before it obtains a Mum - or because one might come to shear it or work with it whilst waiting for it to obtain a Mum.

3)

(a)Ma'aser Beheimah applies even in Chutz la'Aretz (See Tosfos Yom Tov) and when there is no Beis-ha'Mikdash. On what condition does it not apply?

(b)According to which opinion would we have thought that it does?

(c)How do we learn from the Pasuk in Bechukosai (in connection with Ma'aser Beheimah) "ve'Hayah Kodesh that it doesn't apply to Kodshim?

3)

(a)Ma'aser Beheimah applies even in Chutz la'Aretz (See Tosfos Yom Tov) and when there is no Beis-ha'Mikdash - but not to Mukdashin ...

(b)... even according to the opinion that holds that - Kodshim Kalim belongs to the owner.

(c)And the reason that it doesn't is - because the Torah writes in Bechukosai (in connection with Ma'aser Beheimah) "ve'Hayah Kodesh", which implies - that the animal shall become Kodesh, but not if it is Kodesh already.

4)

(a)To which three species of animal does Ma'aser Beheimah apply?

(b)What does the Tana say about Ma'asering lambs ...

1. ... (or goats) together with calves?

2. ... together with goats?

(c)From which word in the Pasuk in Korach (in connection with Ma'aser Beheimah) "ve'Chol Baka va'Tzon ... " does he learn the latter ruling?

4)

(a)Ma'aser Beheimah applies to - calves, sheep and goats.

(b)The Tana rules that Ma'asering lambs ...

1. ... (or goats) together with calves - is prohibited, but that ...

2. ... lambs together with goats - is permitted

(c)He learns the latter ruling from - the word 'ha'Tzon' (in the Pasuk in Korach "ve'Chol Baka va'Tzon ... " [in connection with Ma'aser Beheimah]), which incorporates goats and which therefore implies that they can be taken into the pen together and Ma'asered.

5)

(a)What does he mean when he says that it applies to 'Chadash and Yashan'?

(b)What else does he say about them?

(c)He learns this from Ma'aser Dagan. What does he learn about Ma'aser Dagan from the Pasuk in Re'ei "ha'Yotzei ha'Sadeh Shanah Shanah"?

(d)And what do we now learn from the Pasuk there "Aser Te'aser"?

5)

(a)When he says that it applies to 'Chadash and Yashan' he means that - it applies to animals that are born both after Ellul (See Tosfos Yom Tov) and before Ellul.

(b)And he adds - that one is not permitted to Ma'aser one on the other.

(c)He learns this from Ma'aser Dagan, from the Pasuk in Re'ei "ha'Yotzei ha'Sadeh Shanah Shanah" - which implies that each year must be Ma'asered separately.

(d)And we now learn from the Pasuk there "Aser Te'aser" - that the two Ma'asros under discussion are compared to one another.

6)

(a)In what way is a combination of sheep and goats more stringent than a combination of some sheep or goats that are born before Ellul and some that are born afterwards?

(b)How does this explain the Torah's need to write "va'Tzon", to teach us the Heter of combining sheep and goats for Ma'aser Beheimah? Why would we have now thought that this is forbidden?

6)

(a)A combination of sheep and goats is more stringent than a combination of some sheep or goats that are born before Ellul and some that are born afterwards - in that, unlike the latter, it is subject to the Isur of Kil'ayim.

(b)This explain the Torah's need to write "va'Tzon", to teach us the Heter of combining sheep and goats for Ma'aser Beheimah. Otherwise we would have said - that if combining one year with the next, which is not subject to Kil'ayim, may not be Ma'asered together, then combining sheep with goats, which is subject to Kil'ayim, should certainly not be Ma'asered together.

Mishnah 2
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7)

(a)What does the Tana mean when he says that Ma'aser Beheimah combines 'ki'Melo Regel Beheimah Ro'eh'?

(b)What distance does that entail?

(c)What is a practical example of this Halachah?

(d)How do we learn this from the Pasuk in Yirmiyah "Ta'avornah ha'Tzon al Y'dei Moneh"?

7)

(a)When the Tana says that Ma'aser Beheimah combines 'ki'Melo Regel Beheimah Ro'eh', he means that - animals that are within a radius that one shepherd is able to guard them all simultaneously combine for Ma'aser Beheimah.

(b)That entails a distance - of sixteen Mil.

(c)A practical example of this Halachah is that - someone who owns say, five lambs in one village and another five lambs in a village within sixteen Mil in the opposite direction, he should bring them all into the same pen to be Ma'asered.

(d)We learn this from the Pasuk in Yirmiyah "Ta'avornah ha'Tzon al Y'dei Moneh" - implying that as long as one person (the shepherd) is able to count them they are considered one flock.

8)

(a)What will be the Din if two lots of sheep are thirty-two Mil apart, and the shepherd or his Keilim are in the middle?

(b)On what condition will they combine?

(c)Is it necessary to bring them all into the middle before taking them to the pen to be Ma'asered?

8)

(a)If two lots of sheep are thirty-two Mil apart, and the shepherd or his Keilim are in the middle - they do not combine for Ma'aser Beheimah.

(b)They will combine however - if there is a flock in the middle (See Tosfos Yom Tov).

(c)It is not necessary to bring them all into the middle before taking them to the pen to be Ma'asered.

9)

(a)What does Rebbi Meir say about the River Yarden?

(b)What are the ramifications of his statement?

(c)Like whom is the Halachah?

9)

(a)According to Rebbi Meir - the River Yarden divides the two flocks (See Tosfos Yom Tov) ...

(b)... and if one has five lambs on one side of the river and five on the other, they do not combine.

(c)The Halachah is - like the Tana Kama.

Mishnah 3
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10)

(a)The Tana exempts a purchased animal from Ma'aser Beheimah. What about one that one receives as a gift?

(b)How does he learn this from the Pasuk in Mishpatim "B'chor Banecha Titein Li, kein Ta'aseh le'Shorcha le'Tzonecha"?

(c)On what grounds, based on the word "Ta'aseh", can we apply this Pasuk to Ma'aser Beheimah, seeing as it is written in connection with B'chor?

10)

(a)The Tana exempts a purchased animal - and one that one receives as a gift from Ma'aser Beheimah.

(b)He learns this from the Pasuk in Mishpatim "B'chor Banecha Titein Li, kein Ta'aseh le'Shorcha le'Tzonecha" - which compares Ma'aser Beheimah (as we will explain shortly) to B'chor Adam, which cannot be purchased or given as a gift.

(c)Based on the word "Ta'aseh" we apply this Pasuk to Ma'aser Beheimah )'Im Eino Inyan'), despite the fact that it is written in connection with B'chor - since a B'chor is holy from birth, and does not require anything to be done to it (See Tosfos Yom Tov).

11)

(a)The Mishnah now discusses the corollary between Kalbon and Ma'aser Beheimah regarding brothers who inherit from their father. What is 'Kalbon'?

(b)What does the word mean?

(c)How many Kalbonos must two partners who pay a full Shekel between them give?

(d)Why is that?

11)

(a)The Mishnah now discusses the corollary between Kalbon and Ma'aser Beheimah regarding brothers who inherit from their father. 'Kalbon' is - the little extra that a person has to give when paying his half-Shekel.

(b)The word means - 'a little extra'.

(c)Two partners who pay a full Shekel between them must give - two Kalbonos (See Tosfos Yom Tov) ...

(d)... because they ought to have given two half-Shekalim.

12)

(a)What is the case where the brothers are partners and are Chayav two Kalbonos?

(b)Based on the Pasuk in Korach " ... asher Yih'yeh lach", why are the brothers then Patur from Ma'aser Beheimah?

(c)Seeing as this Pasuk is written in connection with B'chor, on what grounds do we Darshen it in connection with Ma'aser?

(d)What do we learn from the fact that the Pasuk in Re'ei writes "u'Vechoros Bekarchem" in the plural)?

12)

(a)The case where the brothers are partners and are Chayav two Kalbonos is - where after dividing their father's property, they went into partnership.

(b)Based on the Pasuk in Korach " ... asher Yih'yeh lach", the brothers are then Patur from Ma'aser Beheimah, because, based on the word "lach" (in the Pasuk in Korach " ... asher Yih'yeh lach") - only single owners are subject to Ma'aser Beheimah, but not partners.

(c)In spite of the fact that this Pasuk is written in connection with B'chor, we Darshen it in connection with Ma'aser - because we know that partners are subject to B'chor ...

(d)... from the fact that, in the Pasuk in Re'ei "u'Vechoros Bekarchem", the Torah writes "Bekarchem" (in the plural [See Tosfos Yom Tov]).

13)

(a)In which case are the brothers Patur from Kalbon?

(b)Why is that?

(c)Based on the word "Yih'yeh" (on the above-mentioned Pasuk in Korach "asher Yih'yeh lach"), why are they then subject to Ma'aser Beheimah?

13)

(a)The brothers are Patur from Kalbon in a case - where they did not divide the property ...

(b)... because then it is considered as if their father was giving the half-Shekel on their behalf, and someone who gives a half-Shekel on behalf of others is Patur from Kalbon.

(c)They are nevertheless subject to Ma'aser, based on the word "Yih'yeh" (on the above-mentioned Pasuk in Korach "asher Yih'yeh lach"), which implies that - one is Chayav Ma'aser Beheimah at all costs.

Mishnah 4
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14)

(a)The first four things that the Mishnah comes to include when it states 'ha'Kol Nichnas la'Dir le'His'aser' are Rove'a, Nirva, Muktzah and Ne'evad. What is the difference between 'Muktzah' and 'Ne'evad?

(b)Which two things does it also include besides Esnan Zonah and M'chir Kelev?

(c)Seeing as all of these cannot be brought as a Korban, why are they nevertheless subject to Ma'aser?

(d)What do we learn from the Pasuk in Bechukosai "Lo Yevaker bein Tov la'Ra"?

14)

(a)The first four things that the Mishnah comes to include when it states 'ha'Kol Nichnas la'Dir le'His'aser' are Rove'a, Nirva 'Muktzah' - which has been slated for worship and 'Ne'evad' - which has actually been worshipped.

(b)Besides Esnan Zonah and M'chir Kelev, it also includes - a Tumtum (whose sexual organs are covered) and an Androginus (which is bisexual [See first Tosfos Yom Tov in the Mishnah).

(c)Despite the fact that all of these cannot be brought as a Korban, they are nevertheless subject to Ma'aser - since the Torah allows a Ba'al-Mum to enter the pen to be Ma'asered, as ...

(d)... we learn from the Pasuk in Bechukosai "Lo Yevaker bein Tov la'Ra" (Ibid.).

15)

(a)The Mishnah lists an animal that is 'Kil'ayim, T'reifah or Yotzei Dofen. What is 'Kil'ayim'?

(b)What does the Tana say about them?

(c)What does he learn from the Pasuk in Emor (in connection with Korbanos) ...

1. ... "Shor O Kesev"?

2. ... "O Eiz" (even though it is not mentioned in the Mishnah)?

(d)What is a 'Nidmeh'?

15)

(a)The Tana lists an animal that is 'Kil'ayim - (one of whose parents is a goat, the other, a sheep), T'reifah and Yotzei Dofen ...

(b)... all of which he precludes from Ma'aser.

(c)He precludes from the Pasuk in Emor (in connection with Korbanos) ...

1. ... "Shor O Kesev" - Kil'ayim.

2. ... "O Eiz" (even though it is not mentioned in the Mishnah [See Tosfos Yom Tov, DH 'Chutz min ha'Kil'ayim]) - Nidmah ...

(d)... which is born to a ram and a ewe, but which resembles a goat.

16)

(a)What does the Tana learn from ...

1. ... "O Yivaled"?

2. ... "ve'Hayah Shiv'as Yamim"?

3. ... "Tachas Imo"

(b)Based on which principle are all the current cases not subject to Ma'aser Beheimah?

(c)What do we learn from ...

1. ... the Gezeirah-Shavah "Tachas ha'Sheivet" (in connection with Ma'aser Beheimah) and "Tachas Imo" (in connection with other Kodshei Mizbe'ach)?

2. ... the words "Kol asher Ya'avor" (in the Pasuk in Bechukosai, in connection with Ma'aser Beheimah "Kol asher Ya'avor Tachas ha'Shavet")?

(d)Which particular kind of T'reifus is this Pasuk referring to?

(e)From where do we learn all the other T'reifos?

16)

(a)The Tana learns from ...

1. ... "O Yivaled" - to preclude a Yotzei Dofen, from ...

2. ... "ve'Hayah Shiv'as Yamim" - one that is brought before the eighth day (when it becomes eligible to go on the Mizbe'ach), and ...

3. ... "Tachas Imo" - to preclude a Yasom (which will be explained at the end of the Mishnah [See Tosfos Yom Tov]).

(b)All the current cases are not subject to Ma'aser Beheimah - because they are all Pasul from being brought as a Korban.

(c)We learn from ...

1. ... the Gezerah-Shavah "Tachas ha'Sheivet" (in connection with Ma'aser Beheimah) and "Tachas Imo" (in connection with other Kodshei Mizbe'ach) that - just as the above four things do not apply to other Kodshim, they do not apply to Ma'aser Beheimah either.

2. ... the words "Kol asher Ya'avor" (in the Pasuk in Bechukosai, in connection with Ma'aser Beheimah "Kol asher Ya'avor Tachas ha'Shavet") - that a T'reifah (which cannot 'pass underneath the staff') is not subject to Ma'aser.

(d)This Pasuk is referring to - where the upper leg is missing ...

(e)... and we learn all the other T'reifos - from it.

17)

(a)How does the Tana Kama define Yasom?

(b)On what grounds does Rebbi Yehoshua disagree?

(c)How does he then define it?

(d)Like whom is the Halachah?

17)

(a)The Tana Kama defines Yasom as - an animal whose mother died or was Shechted before it was born.

(b)Rebbi Yehoshua disagrees - because, as long as the skin is intact, it is often used to cover the newborn baby, and the mother is therefore considered as if it was alive.

(c)He therefore defines Yasom - as where the mother's skin has been cut up.

(d)The Halachah is - like the Tana Kama.

Mishnah 5
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18)

(a)The Mishnah now discusses three G'ranos of Ma'aser Beheimah. What are 'G'ranos'?

(b)Why are they called by that name?

(c)According to Rebbi Akiva, the first Goren is P'ros ha'Pesach. What does 'P'ros' mean?

(d)What is the significance of that date?

(e)When does ...

1. ... the second P'ros fall?

2. ... the third P'ros? On what date does it fall?

18)

(a)The Mishnah now discusses three 'G'ranos' - dates that fall fifteen days before the due dates of Ma'aser Beheimah ...

(b)... so-called - because, like the granary regarding Ma'ase Dagan, they give all the newborn animals a Din of Tevel (mi'de'Rabbanan), prohibiting the owner from eating or selling them until they have been Ma'asered.

(c)According to Rebbi Akiva, the first Goren is P'ros ha'Pesach. 'P'ros' means - fifteen days before Yom-Tov ...

(d)... half the thirty-day period when one begins to Darshen and to ask She'eilos concerning Yom-Tov.

(e)The ...

1. ... second P'ros falls - fifteen days before Shavu'os, and the ...

2. ... third P'ros - fifteen days before Chag (Succos [See Tosfos Yom Tov]).

19)

(a)Why did the Chachamim fix the above three dates for Ma'aser Beheimah?

(b)Is one allowed to eat one's animals before they have been Ma'asered?

(c)Then why did the Chachamim fix the three G'ranos?

(d)Based on which principle would people not otherwise Shecht (or sell) their animals?

19)

(a)The Chachamim fixed the above three dates for Ma'aser Beheimah - because otherwise, people would not Shecht or sell their animals before Ma'asering them, in which case there would be no animals for the Olei Regalim to buy for Yom-Tov.

(b)In fact, one is allowed to eat one's animals before they have been Ma'asered ...

(c)... and the Chachamim fixed the three G'ranos - because in spite of that, people would have desisted from doing so ...

(d)... based on the principle that - 'people like doing Mitzvos with their money where it does not involve a monetary loss.

20)

(a)ben Azai gives the first P'ras as the twenty-ninth of Adar. How many days before Pesach is that?

(b)Then why did Rebbi Akiva not give the date? What is the basis of their Machlokes (in connection with the Adar that is closest to Nisan)?

(c)The second P'ros according to ben Azai, is the first of Sivan. Why does he detract from the fifteen days of P'ros Pesach?

(d)Based on which later ruling of his (in this Mishnah) does he give the date of the third P'ros as the twenty-ninth of Av?

(e)What is the reason for that ruling?

20)

(a)ben Azai gives the first P'ras as the twenty-ninth of Adar - fifteen days before Pesach.

(b)Rebbi Akiva did not give the date - because he maintains that the Adar that is closest to Nisan is sometimes Malei (thirty days [in which case it will fall on the thirtieth of Nisan]) and sometimes Chaser (twenty-nine days), whereas, according to ben Azai, it is always Chaser.

(c)The second P'ros according to ben Azai, is the first of Sivan. He detracts from the fifteen days of P'ros Pesach - because not many animals are born between Nisan and Shavu'os, and if one were to Ma'aser the animals any earlier, there would not be sufficient left for Yom-Tov.

(d)He gives the date of the third P'ros as the twenty-ninth of Av, based on his ruling later in this Mishnah) that - the animals born in Ellul, must be Ma'asered independently ...

(e)... because he is not sure whether Rosh ha'Shanah for Ma'aser Beheimah is on Rosh Chodesh Ellul (like Rebbi Meir) or the first of Tishri (like Rebbi Elazar and Rebbi Shimon).

21)

(a)On what basis do Rebbi Elazar and Rebbi Shimon give the date of the first Goren as the first of Nisan?

(b)With which Tana do they concur with regard to this ruling.

(c)And with which of the two above opinions do they concur with regard to the second P'ros?

21)

(a)Rebbi Elazar and Rebbi Shimon give the date of the first Goren as the first of Nisan - because (ignoring the term 'P'ros') they hold that one begins to Darshen about Pesach and to answer questions concerning Yom-Tov on that date ...

(b)... like Raban Shimon ben Gamliel (in Pesachim). As a matter of fact, Ma'asering animals in order to have enough meat on Yom-Tov, is itself a Halachah that concerns Pesach.

(c)With regard to the second P'ros, they concur with - ben Azai.

22)

(a)On which date does 'P'ros he'Chag' actually fall?

(b)Then why do Rebbi Elazar and Rebbi Shimon give the date as the twenty-ninth of Ellul?

(c)What would one transgress if one were to Ma'aser them on Yom-Tov?

22)

(a)'P'ros he'Chag' actually falls - on Rosh ha'Shanah ...

(b)... and the reason that Rebbi Elazar and Rebbi Shimon give the date as the twenty-ninth of Ellul is - due to the prohibition of Ma'asering animals on Yom-Tov ...

(c)... since it entails coloring (marking the animal with paint [See Tosfos Yom Tov]).

23)

(a)The current reason is in addition to a more basic one, based on the date that, according to these Tana'im, serves as Rosh ha'Shanah for Ma'aser Beheimah. When is that?

(b)Why is it therefore necessary to fix P'ros ha'Chag' a day earlier?

(c)Why can the reason not be in order to avoid bringing the animals of the two years into the same pen?

23)

(a)This current reason is in addition to a more basic one, based on the date that, according to these Tana'im, serves as Rosh ha'Shanah for Ma'aser Beheimah - on the first of Tishri ...

(b)... and it is therefore necessary to fix P'ros ha'Chag' a day earlier - in order to create a clear distinction between the animals of the outgoing year and those of the incoming one.

(c)The reason cannot be in order to avoid bringing the animals of the two years into the same pen, since - even if an animal is born on Rosh ha'Shanah, it is Mechusar Z'man and is not eligible to enter the pen (See Tiferes Yisrael).

24)

(a)When is the Rosh ha'Shanah for Ma'aser Beheimah, according to Rebbi Meir?

(b)What does ben Azai (whose opinion we have already discussed) say?

(c)Why is it not possible to Ma'aser the "Elluli'in' together with the animals that are born after the first of Tishri?

24)

(a)The Rosh ha'Shanah for Ma'aser Beheimah according to Rebbi Meir is - the first of Ellul (See Tosfos Yom Tov).

(b)ben Azai (whose opinion we have already discussed) says that - Elluli'im are Ma'asered independently ...

(c)It is not possible to Ma'aser the "Elluli'in' together with the animals that are born after the first of Tishri - because he holds that Rosh ha'Shanah for Ma'aser Beheimah may well be the first of Tishri (as we already explained).

Mishnah 6
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25)

(a)What does the Mishnah say about all the animals that are born between the first of Tishri and the twenty-ninth of Ellul?

(b)Like which of the above Tana'im does the Tana hold?

(c)And what does the Tana say about a case where five animals are born before ...

1. ... Rosh ha'Shanah and five, after Rosh ha'Shanah?

2. ... the Goren and five after the Goren?

(d)Why did the Tana see fit to insert the former ruling here?

25)

(a)The Mishnah rules that all the animals that are born between the first of Tishri and the twenty-ninth of Ellul - are eligible to be Ma'asered together in the same pen ...

(b)... like Rebbi Elazar and Rebbi Shimon.

(c)In a case where five animals are born before ...

1. ... Rosh ha'Shanah and five, after Rosh ha'Shanah - they are not eligible to combine, but five before ...

2. ... the Goren and five after the Goren - are.

(d)The Tana saw fit to insert the former ruling here - on account of the latte one.

26)

(a)Based on what we just learned, why did the Chachamim fix the three G'ranos for Ma'aser?

(b)What if someone does Shecht an animal after the Goren?

(c)Why is the animal permitted?

26)

(a)Based on what we just learned, the Chachamim fixed the three G'ranos for Ma'aser - in order to fix the time that selling and Shechting the animals become Asur (as we explained in the previous Mishnah.)

(b)If someone does Shecht an animal after the Goren however - he is Patur ...

(c)... and the animal is permitted - since nowhere do we find a prohibition against eating 'Tevel' of Ma'aser Beheimah (See Tosfos Yom Tov).

Mishnah 7
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27)

(a)The Mishnah now describes how Ma'aser Beheimah is performed. Why, after placing all the newborn animals in a pen surrounded by a wall of stones or canes, does the owner make specifically a small exit?

(b)What does he hold in his hand whilst counting the animals one at a time in groups of ten?

(c)After counting nine animals, as the tenth one leaves the pen, what does he ...

1. ... do?

2. ... announce?

27)

(a)The Mishnah now describes how Ma'aser Beheimah is performed: After placing all the newborn animals in a pen surrounded by a wall of stones or canes, he makes specifically a small exit - to prevent two animals from exiting together.

(b)Whilst counting the animals one at a time in groups of ten, he holds - a stick (See Tosfos Yom Tov DH 'Lo Man'am ba'Sheivet').

(c)After counting nine animals, as the tenth one leaves the pen, he ...

1. ... strikes it with red paint.

2. ... announces - 'Harei Zeh Ma'aser!'

28)

(a)What does the Mishnah say in the event that the owner did not ...

1. ... mark the tenth animal with red paint?

2. ... verbally count them one by one holding a stick?

(b)And what if he counted them as they were crouching or standing?

(c)What, on the other hand, does the Tana Kama say if the owner merely declared ...

1. ... ten out of a hundred Ma'aser?

2. ... one out of ten Ma'aser?

(d)How does he learn this from the Pasuk in Bechukosai "ha'Asiri Yih'yeh Kodesh"?

28)

(a)The Mishnah rules that if the owner did not ...

1. ... mark the tenth animal with red paint or ...

2. ... verbally count them one by one holding a stick - the Ma'aser is nevertheless effective, as it is ...

(b)... if he counted them as they were crouching or standing.

(c)On the other hand, the Tana Kama rules that, if the owner merely declared ...

1. ... ten out of a hundred or ...

2. ... one out of ten Ma'aser - it remains un'Ma;asered.

(d)He learns this from the Pasuk in Bechukosai "ha'Asiri Yih'yeh Kodesh" - and in these two cases, the animal/s that he chooses is/are not the tenth one/s.

29)

(a)What does Rebbi Yossi b'Rebbi Yehudah say about the last two cases?

(b)What does he learn from the Pasuk in Korach ...

1. ... "ve'Nechshav lachem Terumaschem"?

2. ... (in connection with Ma'aser Dagan) "Ki es Ma'asar B'nei Yisrael asher Yarimu la'Hashem Terumah"?

(c)How does he know that the same Din extends to Ma'aser Beheimah?

(d)Like whom is the Halachah?

29)

(a)Rebbi Yossi b'Rebbi Yehudah maintains that, in the last two cases - the Ma'aser is effective.

(b)He learns from the Pasuk in Korach ...

1. ... "ve'Nechshav lachem T'rumaschem" - that one can separate Terumah and T'rumas Ma'aser (See Tosfos Yom Tov) by rough assessment or by thought alone.

2. ... "Ki es Ma'asar B'nei Yisrael asher Yarimu la'Hashem Terumah" that - the same applies to Ma'aser Dagan.

(c)And he knows that the same Din extends to Ma'aser Beheimah - because Ma'aser Beheimah is compared to Ma'aser Dagan (as the Bartenura explained in Mishnah Alef).

(d)The Halachah is - like the Tana Kama.

30)

(a)What does the Mishnah say about a case where one of the nine animals that was already counted jumped back into the pen and they do not know which one?

(b)Why is that?

30)

(a)The Mishnah rules that, in a case where one of the nine animals that was already counted jumped back into the pen and they do not know which one - the animals in the pen are Patur from Ma'aser ...

(b)... in case the one that is already Patur turns out to be the tenth one, and in any event, the one that was already counted is not eligible to be counted among the ten (See also Tosfos Yom Tov DH 'Peturin' & Tiferes Yisrael 52).

31)

(a)What does the Tana say if it was one of the tenth animals (which for some reason was not marked) that jumped back?

(b)Why, before that, are they forbidden?

31)

(a)If it was one of the tenth animals (which for some reason was not marked) that jumped back, the Tana rules - that all the animals in the pen are subject to the Din of 'Yir'eh' (until they obtain a blemish, when the owner is permitted to eat them.

(b)Before that are they forbidden - because they are Safek Ma'aser Beheimah, which may not be Shechted outside the Azarah.

Mishnah 8
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32)

(a)What must the owner do if two animals leave the pen together?

(b)What happens to the last (fifth) pair of animals?

(c)What if three or four animals manage to squeeze out simultaneously?

32)

(a)If two animals leave the pen together - the owner must continue counting them two by two ...

(b)... and declare the last (fifth) pair of animals Ma'aser.

(c)Similarly, if three or four animals manage to squeeze out simultaneously - he counts them three by three or four by four, and declares the last set of animals Ma'aser.

33)

(a)If he counted the first pair as one, and the third animal as number two, what does the Mishnah say about number nine and number ten?

(b)Why is that?

(c)What must he then do with them?

33)

(a)If he counted the first pair as one, and the third animal as number two, the Mishnah calls number nine and number ten - 'mixed up' (See Tosfos Yom Tov) ...

(b)... because what he called number nine is really number ten, and what he called number ten is really number eleven.

(c)Consequently - he must apply to them both the Din of 'Yir'u'.

34)

(a)In the case cited later in the Mishnah, where the owner declares the tenth animal number nine, and the eleventh, number ten, what is the status of ...

1. ... the tenth animal?

2. ... the eleventh animal?

(b)On what grounds does the Tana issue a different ruling there than he does here?

(c)What if the ninth and tenth animals leave the pen together?

34)

(a)In the case cited later in the Mishnah, where the owner called declares the tenth animal number nine, and the eleventh, number ten, the status of ...

1. ... the tenth animal - is Ma'aser ...

2. ... the eleventh - a Shelamim (See Tosfos Yom Tov DH 've'Achad-Asar Kara Shelamim') ...

(b)... because, as opposed to our case, they left the pen one by one, in which it is evident that what he called the ninth animal is really the tenth, and what he called the tenth is really the eleventh See Tiferes Yisrael).

(c)If the ninth and tenth animals leave the pen together - then the Mishnah declares them 'mixed up' (See Tiferes Yisrael [and the same Din will apply as in the previous case]).

35)

(a)We just discussed the case where the owner declared the tenth animal number nine, and the eleventh, number ten. What will be the Din if he refers to it too, as number ten, regarding ...

1. ... the ninth animal?

2. ... the tenth animal?

3. ... the eleventh animal?

(b)What do we learn from the Pasuk in Bechukosai "ve'Chol Ma'asar Bakar va'Tzon"?

(c)From where do we learn that the latter ruling does not extend to the eighth or the seventh animal in the group?

35)

(a)We just discussed the case where the owner declared the tenth animal number nine, and the eleventh, number ten. If he refers to the ninth animal too, as number ten, then ...

1. ... the ninth animal is Kadosh and may be eaten when it obtains a blemish at which point one is permitted to Shecht and eat it.

2. ... the tenth animal is Ma'aser.

3. ... the eleventh animal is Kadosh and is brought as a Shelamim.

(b)We learn from the Pasuk in Bechukosai "ve'Chol Ma'asar Bakar va'Tzon" that - if one refers to the ninth and the eleventh animals (but not the tenth) as the tenth, they are both Kadosh (as we just explained).

(c)We learn that the latter ruling does not extend to the eighth or the seventh animal in the group in that - just as the tenth animal is close to itself, so too, must the animal that one mistook for it be close to it (precluding any animal that precedes the ninth and that follows the eleventh).

36)

(a)What objection does Rebbi Yehudah raise to Rebbi Meir's ruling that the eleventh animal (that we just discussed) is able to make a Temurah?

(b)On what grounds does Rebbi Yehudah consider the eleventh animal a Temurah?

(c)What does he learn from the Pasuk there "ve'Hayah Hu u'Semuraso Yih'yeh Kodesh?

36)

(a)Rebbi Yehudah objects to Rebbi Meir's ruling that the eleventh animal (that we just discussed) is able to make a Temurah - inasmuch as a Temurah cannot make a Temurah.

(b)The reason that he considers the eleventh animal a Temurah is - because it is as if he declared it Ma'aser instead of the tenth one.

(c)And he learna from the Pasuk there "ve'Hayah Hu u'Semuraso Yih'yeh Kodesh - that the original's Temurah is Kodesh, but not the Temurah of the Temurah.

37)

(a)What objection did the Chachamim in the name of Rebbi Meir raise to Rebbi Yehudah's contention that the eleventh animal is a Temurah?

(b)What do we learn from the Pasuk there (in connection with B'chor) "Lo Sifdeh, Kodesh heim"?

(c)How do we then know that the same applies to Ma'aser Beheimah?

(d)Like whom is the Halachah?

37)

(a)The Chachamim in the name of Rebbi Meir objected to Rebbi Yehudah's contention that the eleventh animal is a Temurah, inasmuch as - if it were, it (let alone its Temurah) would not be brought on the Mizbe'ach either ...

(b)... since we learn from the Pasuk there "Lo Sifdeh, Kodesh heim" that - although a B'chor is Kodesh, it cannot make a Temurah ...

(c)... and the same applies to Ma'aser Beheimah - because we learn it from B'chor (See Tosfos Yom Tov).

(d)The Halachah is - like Rebbi Yehudah.

38)

(a)What does the Mishnah say about the eleventh animal in a case where the owner called the ninth, the tenth and the eleventh animals the tenth?

(b)On what principle is this based?

38)

(a)The Mishnah rules that, in a case where the owner called the ninth, the tenth and the eleventh animals, the tenth - the eleventh animal is not Mekudash (See Tosfos Yom Tov) ...

(b)... based on the principle - that once one has declared the tenth animal the tenth, whatever comes afterwards cannot become Kadosh (See also Tosfos Yom Tov DH 'Zeh ha'Kelal').

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