Commentary for Bava Metzia 12:10

For in [a case where the liability of an animal to be tithed is in] doubt, tithing does not take place,<span class="x" onmousemove="('comment',' I.e., the argument used by Abaye, that in any case the tithing could be proceeded with, is invalid, for doubtful cases are exempt from tithing, even when it could be said that in any case the owner could do no wrong, as the following Mishnah proves. ');">¹⁹</span> as we have learnt: If one of the sheep which were being counted [for the purpose of tithing] jumped back into the stall, the whole flock is free [from tithing].<span class="x" onmousemove="('comment',' Bek. 58b. If during the process of tithing, while the sheep were being led one by one out of the stall, so that the tenth one might be marked and offered to the priest, one of the counted sheep jumped back into the stall and disappeared among the uncounted sheep, and it cannot be recognised, the whole flock is exempt from tithing. The sheep that left the stall on being counted are exempt because they have already been numbered, and there are sufficient sheep left in the stall to make up the required number of ten. The sheep that remained behind in the stall are also exempt because each one of them may be the one that jumped back after being counted. V. Bek. 59b. ');">²⁰</span> Now, if the view were held that doubtful cases are subject to tithe,<span class="x" onmousemove="('comment',' I.e. that the sheep are liable to be tithed on the assumption that the owner will either have acted according to the law or have done nothing wrong. ');">²¹</span> [the owner] ought to tithe [the remaining sheep] in any case: if he is obliged [to tithe them]<span class="x" onmousemove="('comment',' I.e. if the tenth sheep that is taken when those left behind in the stall are numbered is not the one that jumped back after being counted. ');">²²</span> he will have tithed them rightly,<span class="x" onmousemove="('comment',' As that sheep will be subject to tithe. ');">²³</span> but if he is not obliged to tithe them, those already counted will be free because they were properly numbered,<span class="x" onmousemove="('comment',' As long as there are sufficient sheep left in the stall to make up the ten, when added to those already counted, the counted sheep are free from tithing. V. Bek., loc. cit. ');">²⁴</span> for Raba said: Proper numbering frees [the sheep from being tithed].

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