Bekhorot 117
(במדבר יח, כד) כי את מעשר בני ישראל אשר ירימו לה' תרומה נתתי ללוים לנחלה
And we find that tithe is called by the Divine Law terumah, because it is written: But the tithes of the children of Israel which they offer as a heave-offering<span class="x" onmousemove="('comment',' .');"><sup>1</sup></span>
עשירי מאליו הוא קדוש
Just as the tithe of grain is set apart by estimating [without measuring the quantity] and by [merely] planning [the separation], similarly the tithing of animals may be set aside by estimating and by merely planning [the separation].<span class="x" onmousemove="('comment',' R. Jose will therefore agree with Abba Eleazar, and tithes of animals can be set aside even without counting one, two, etc.');"><sup>4</sup></span>
ודלמא
But perhaps [it means that] he did not call it the tenth but still called it holy?<span class="x" onmousemove="('comment',' Aliter: Perhaps the Divine Law did not call it the tenth, but still called it holy, so that it cannot be eaten without first becoming blemished, and holiness takes effect with reference to it though it need not be taken up to be eaten in Jerusalem. (Rashi: first interpretation) . Perhaps although he did not call it the tenth, it is holy because he called it holy, but where he did not even call it holy, then no holiness whatsoever attaches to the animal. Whence, consequently, does Raba derive his ruling that the tenth animal becomes sacred on its own accord?');"><sup>6</sup></span>
עשירי הוא דלא קרייה קדש קרייה
- Rather [Raba derives his ruling] from what has been taught: If he called the ninth the tenth and when the tenth came out he said nothing, the ninth is eaten [only] if blemished and the tenth is the tithe!<span class="x" onmousemove="('comment',' We therefore say that the tenth is tithe automatically without having been called so.');"><sup>7</sup></span>
קרא לתשיעי עשירי ויצא העשירי ולא דבר התשיעי נאכל במומו והעשירי מעשר
for it was made quite clear that it was the tenth.<span class="x" onmousemove="('comment',' For since it followed the ninth, it was obvious that it was the tenth, and therefore it is like other tithe, although it was not called so. Raba therefore will not be able to prove his ruling from this Baraitha. Another explanation is: the reason it was the tithe, although it was not called so, was because it passed through the same door as the other nine; but if it remained in the shed or if it passed through a different door, I might have thought that it does not become sacred automatically (Rashi) .');"><sup>9</sup></span>
אלא מהא דתניא
that it should be the tithe!<span class="x" onmousemove="('comment',' Not saying anything, however. But where it remained in the shed and he made no sign that he wished it to be the tithe, one could not have inferred from the Baraitha that it was holy like other tithe.');"><sup>11</sup></span>
קרא לתשיעי עשירי ומת עשירי בדיר תשיעי נאכל במומו וכולם פטורין
- Rather [he derives his ruling] from what has been taught: If he called the ninth the tenth and the tenth died in the shed, the ninth is eaten [only] if blemished<span class="x" onmousemove="('comment',' Since it has been called the tenth, the name of tithe making it holy.');"><sup>12</sup></span>
אלא מהא דתניא
- Perhaps the reason is because they became exempt by means of the [interrupted] count properly begun,<span class="x" onmousemove="('comment',' When the nine went out through the door there was the right number for tithing, for the tenth was still alive and was in a condition to follow in order to exempt them. And since the counting was properly begun, it is as if the tenth had actually passed through and it exempts the lambs counted. The tenth animal itself, however, is not sacred unless it passed under the rod.');"><sup>15</sup></span>
קרא לתשיעי עשירי ונשתייר עשירי בדיר התשיעי נאכל במומו והעשירי מעשר
for Raba said: A count properly begun exempts!<span class="x" onmousemove="('comment',' If one began to count ten lambs or more for tithing purposes and during the counting one animal died or ran off, those which passed the rod are accounted redeemed.');"><sup>16</sup></span>
תשיעי חולין
If he called the ninth the tenth and the tenth remained in the shed, the ninth is eaten [only] if it is blemished and the tenth is the tithe.<span class="x" onmousemove="('comment',' Consequently we see that although it did not pass under the rod, it becomes holy on its own account.');"><sup>17</sup></span>