1)

(a)The Mishnah writes that all animals enter the pen to have Ma'aser taken from them except for five: Kil'ayim (born from a sheep and a goat), T'reifah, Yotzei Dofen (one born by caesarian section) - Mechusar Z'man (before the eighth day) and Yasom ...

(b)... one whose mother died or that was Shechted before it is born.

(c)According to Rebbi Yehoshua - as long as the baby is born before the mother's skin has been removed, it is subject to Ma'aser.

2)

(a)In the Pasuk in Emor "Shor O Kesev O Eiz ... "), we learn (in connection with Kodshim) from the words ...

1. ... "Shor O Kesev" - 'P'rat le'Kil'ayim'.

2. ... "O Eiz" - 'P'rat le'Nidmeh'.

3. ... "ki Yivaled" - 'P'rat le'Yotz'ei Dofen'.

4. ... "Vehayah Shiv'as Yamim" - 'P'rat le'Mechusar Z'man'.

5. ... "Tachas Imo" - 'P'rat le'Yasom'.

(b)Rebbi Yishmael B'no shel Rebbi Yochanan ben Berokah learns from the ...

1. ... Gezeirah-Shavah "Tachas ha'Sheivet" (in connection with Ma'aser Beheimah) "Tachas Imo" that - the same applies to Ma'aser Beheimah.

2. ... same Gezeirah-Shavah but the other way round that - T'reifah is not subject to Kodshim just like it is not subject to Ma'aser (since it cannot walk into the pen, as we learned earlier).

3)

(a)Based on the word 'all' in our Mishnah, the Beraisa includes - four pairs of animals in the Chiyuv of Ma'aser Beheimah.

(b)If four of the cases are an animal that raped, one that has been designated for idolatry, one that one gave to a prostitute for her services and a Tumtum, the remaining four are - an animal that was raped, one that was actually worshipped, one that was exchanged for a dog and an Androginus.

(c)Rebbi Shimon ben Yehudah in the name of Rebbi Shimon - precludes Tumtum and Androginus too from the realm of Ma'aser.

(d)The problem with the Tana of our Mishnah, bearing in mind that all the cases listed in the Beraisa are disqualified from the realm of Kodshim is that - if he learns the Gezeirah-Shavah "Tachas" "Tachas", then he ought to preclude them as well; whereas if he doesn't, what is his source for precluding the list in the Mishnah.

4)

(a)We conclude that our Mishnah holds of the Gezeirah-Shavah ("Tachas" "Tachas"), and the reason that it does not preclude the cases in the Beraisa from the realm of Ma'aser is - because the Torah specifically includes them, based on the Pasuk in Emor " ... ki Moshchasam bahem Mum bam" (as we will now see).

(b)The basis for this in turn, is a Tana de'bei Rebbi Yishmael, who learns from the Pasuk ...

1. ... in Bereishis " ... ki Hishchis Kol Basar es Darko al ha'Aretz that - the term Hashchasah applies to D'var Ervah (immorality).

2. ... in Va'eschanan "Pen Tashchisun Va'asisem lachem Pesel Temunas Kol Samel ... " that - it also applies to Avodah-Zarah.

5)

(a)The principle that emerges from these two D'rashos is that - wherever we find a Lashon of 'Hashschasah' in the Torah, it pertains either to a D'var Ervah or to Avodah-Zarah.

(b)This ties up with the Pasuk that we quoted earlier " ... ki Moshchasam bahem Mum bam" inasmuch as - wherever a blemish does not disqualify, neither does a D'var Ervah or Avodah-Zavah.

(c)We know that Ma'aser Beheimah applies even to a blemished animal - from the Pasuk in Bechusai "Lo Yevaker bein Tov le'Ra ... ".

(d)Consequently, the Tana omits Tumtum and Androginus from the list in our Mishnah - because, since a Ba'al-Mum is not Pasul, all cases connected with D'var Ervah or Avodah-Zarah are not Pasul either.

6)

(a)This explains Rove'a, Nirva and Esnan (D'var Ervah), and Muktzah ve'Ne'evad (Avodah-Zarah). M'chir Kelev is not included in the list of animals that are disqualified - because the Torah compares it to Esnan.

(b)The basis of the Machlokes between the Tana of our Mishnah (who does not disqualify a Tumtum and Androginus) and Rebbi Shimon ben Yehudah (who does) is - whether they are a Safek (the Tana Kama) or an independent species (Rebbi Shimon).

(c)The reason of ...

1. ... the Tana Kama is - because Mah Nafshach, a Safek is either one or the other, and both are subject to Ma'aser Beheimah.

2. ... Rebbi Shimon ben Yehudah is - due to the fact that the Torah requires Kodshim to be either a male or female, precluding a species that is neither,

(d)And he learns that it extends to Ma'aser Beheimah - from a Binyan Av from Kodshim.

7)

(a)In another Beraisa, the Tana Kama (Rebbi Elazar Ish K'far Bartosa in the name of Rebbi Yehoshua) requires all animals to enter the pen to be Ma'sered except for - Kil'ayim and T'reifah.

(b)According to Rebbi Akiva, Rebbi Yehoshua - also includes Yotzei Dofen, Mechusar Z'man and Yasom ...

(c)... like the Tana of our Mishnah.

(d)The problem with the Tana Kama is Mah Nafshach, if he holds of the Gezeirah-Shavah ("Tachas" "Tachas"), why does he not also preclude the latter three, whereas if he doesn't, from where does he learn Kil'ayim and T'reifah.

(e)T'reifah is not really a problem - because we know it from the Pasuk ("Kol asher Ya'avor Tachas ha'Sheivet") itself (since some T'reifos are unable to do that).

8)

(a)We conclude that the Tana Kama too, learns Kil'ayim from the Gezeirah-Shavah, and that he holds by Yotzei Dofen like ....

1. ... Rebbi Shimon, who says that - it has the same Din as a regular baby (as we learned in the previous Perek)., and by Mechusar Z'man like ...

2. ... Rebbi Shimon ben Yehudah, who says that - Mechusar Z'man must enter the pen to be Ma'asered (Ibid.).

(b)His first answer does not go like Rebbi Yochanan - in whose opinion, Rebbi Shimon's ruling in this regard does not pertain to Kodshim.

(c)And, bearing in mind that the Tana Kama is quoting Rebbi Yehoshua, he explains the fact that a Yasom is not disqualified from Ma'aser - by establishing it where the skin is still intact, and Rebbi Yehoshua simply follows his own reasoning (at the end of our Mishnah).

9)

(a)Rebbi Yishmael ben Sasriel from Orkas Leveinah told Rebbi that - they used to strip the coat of wool from a sheep that died just before giving birth, and covered the baby that was subsequently born, and it lived.

(b)Rebbi commented that - this was clearly the reason of Rebbi Yehoshua in our Mishnah.

(c)And when he stated that the Chazirim in his town had six hundred thousand scales on its Beis-Hemses, he meant that - the innermost leaves of lettuce in his town numbered six hundred thousand.

(d)The same Tana said that when a cedar-tree fell in his town - sixty wagons side by side rode across it as it lay flat on the ground.

10)

(a)He also spoke of a bird (a bar Yuchni) that dropped a gigantic- size egg, which ...

1. ... destroyed sixty cities and ...

2. ... broke three hundred cedars.

(b)The Pasuk in Iyov describes - how the bar Yuchni is able to carry a huge size egg without dropping it, posing a Kashya on Rebbi Yishmael ben Sasriel's statement.

(c)Rav Ashi answers that - the egg in question was spoilt and could not hatch, which explains why the bar Yuchni was not concerned about it falling.

11)

(a)When the Mishnah says that there are three G'ranos for Ma'aser Beheimah each year, it means that - the Chachamim fixed three official times for Ma'aser Beheimah.

(b)Rebbi Akiva gives the three Geranos as Pras ha'Pesach, P'ras ha'Atzeres and P'ras ha'Chag. Pras means half, as the Gemara will explain.

(c)Min ha'Torah - one is permitted to Shecht and eat new-born animals before Ma'aser Behemah has been taken.

12)

(a)According to Rebbi Elazar and Rebbi Shimon, the three G'ranos take place on the first of Nisan, the first of Sivan and the twenty-ninth of Ellul. The Mishnah comments on this last date - that in reality, it ought to be on the first of Tishri, only they brought it forward one day, since one is not permitted to Ma'aser on Rosh ha'Shanah ...

(b)... since it entailed slapping a blob of paint on every tenth animal's back.

13)

(a)Rebbi Meir gives the date of Rosh ha'Shanah for Ma'aser Beheimah as the first of Ellul.

(b)The ramifications of this ruling are that - one cannot mix animals that have been born before that date together with those that are born after it in the same pen.

(c)ben Azai rules that all the lambs that are born in Ellul - must be Ma'asered independently.

(d)The ruling of the the Mishnah (that all the animals that are born between the first of Tishri and the twenty-ninth of Ellul must be Ma'asered together)- concurs with Rebbi Elazar and Rebbi Shimon who declare the first of Tishri as Rosh ha'Shanah for Ma'aser Beheimah.

14)

(a)The Mishnah rules in a case where five animals are born before ...

1. ... Rosh ha'Shanah and five afterwards that - the two cannot combine.

2. ... the Goren and five afterwards - that they can.

(b)... and the purpose of the three G'ranos that the Chachamim fixed is - to discourage selling or Shechting one's animals once those dates arrive ...

(c)... though if one does sell or Shecht an animal after the time of the Goren before having Ma'asered the animals - one has not transgressed.

15)

(a)In answer to the question as to why the Chachamim fixed ...

1. ... three G'ranos for Ma'aser Beheimah, Rabah bar Shiloh answers that - they correspond to the sheep that give birth early, those that give birth at the regular time and those that give birth late.

2. ... specifically those dates, Rebbi Tanchum b'reih de'Rav Chiya Ish K'far Ako answers - so that there should be many animals available for the Olei Regel, who are on their way to Yerushalayim for Yom-Tov.

(b)The Chachamim decreed times for the Goren, whilst still allowing the people to sell and Shecht the animals anyway - because the people will happily comply, in order to perform a Mitzvah with their money before selling and eating the animals.

(c)They referred to the three times as G'ranos - due to the similarity to the Mitzvah of Ma'asering the corn (min ha'Torah) which takes effect in the granary, and which transforms the corn into Tevel.

16)

(a)Rebbi Yossi b'Rebbi defines P'ras (in its current context) - as not less than fifteen days.

(b)... and which Rebbi Avahu translates as half.

(c)To explain what fifteen days is a half of, we cite the Beraisa which obligates asking about Hilchos Pesach and Darshening them prior to Pesach ... according to ...

1. ... the Tana Kama - thirty days.

2. ... Rabban Shimon ben Gamliel - fifteen.