Bekhorot 117

Chapter 117

א אף תרומת מעשר נטלת באומד ובמחשבה ומעשר קרייה רחמנא תרומה דכתיב (במדבר יח, כד) כי את מעשר בני ישראל אשר ירימו לה' תרומה נתתי ללוים לנחלה ואיתקש מעשר בהמה למעשר דגן מה מעשר דגן ניטל באומד ובמחשבה אף מעשר בהמה ניטל באומד ובמחשבה
1 similarly the terumah of the tithe may be set apart by estimating [without measuring the quantity] and by [merely] mentally planning [the separation]. 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> unto the Lord I have given to the Levites to inherit.<span class="x" onmousemove="('comment',' Num. XVIII, 24.');"><sup>2</sup></span>
ב אמר רבא עשירי מאליו הוא קדוש מנא ליה לרבא הא אילימא מהא דתניא אין לי אלא שקרא שמו עשירי לא קרא שמו עשירי מנין ת"ל עשירי יהיה קדש מ"מ
2 And the tithing of animals is also compared to the tithing of grain.<span class="x" onmousemove="('comment',' V. supra 53b.');"><sup>3</sup></span> 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> Said Raba: The tenth is holy of its own accord.<span class="x" onmousemove="('comment',' If he counted nine lambs and one remained in the shed although he did not count it, it is sacred of itself.');"><sup>5</sup></span> Whence does Raba know this? Shall I say from what was taught: I have here [mentioned] only that the tenth animal is holy when he calls it the tenth. Whence is it derived [that it is holy] even if he did not call it the tenth? The text states: 'It shall be holy', [intimating in any case [it is holy].
ג ודלמא עשירי הוא דלא קרייה קדש קרייה אלא מהא דתניא קרא לתשיעי עשירי ויצא העשירי ולא דבר התשיעי נאכל במומו והעשירי מעשר
3 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> - 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> Perhaps it is different here,<span class="x" onmousemove="('comment',' In the Baraitah.');"><sup>8</sup></span> 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>
ד ודלמא שאני התם דאיברר ליה עשירי אי נמי דאחוי עילויה
4 Or indeed [the Baraitha] refers to a case where he indicated<span class="x" onmousemove="('comment',' With his finger when it passed through.');"><sup>10</sup></span>
ה אלא מהא דתניא קרא לתשיעי עשירי ומת עשירי בדיר תשיעי נאכל במומו וכולם פטורין מ"ט כולם פטורים לאו משום דקדש ליה עשירי
5 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> - 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> and all are exempt.<span class="x" onmousemove="('comment',' The eight which have already come out.');"><sup>13</sup></span>
ו ודלמא דאיפטרו במנין הראוי דהאמר רבא מנין הראוי פוטר
6 Now why are they all exempt? Is it not because the tenth is sacred?<span class="x" onmousemove="('comment',' Of itself in the shed, although it did not pass through.');"><sup>14</sup></span>
ז אלא מהא דתניא קרא לתשיעי עשירי ונשתייר עשירי בדיר התשיעי נאכל במומו והעשירי מעשר והתניא תשיעי חולין
7 - 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> 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> Rather [Raba derives his ruling] from what has been taught. 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>
ח תני תנא קמיה דרב ששת הא מני ר"ש בן יהודה היא דתניא ר"ש בן יהודה אומר משום ר"ש
8 But has it not been taught: The ninth is hullin [secular]?<span class="x" onmousemove="('comment',' Unlike the Baraitha above which says that the ninth is eaten only while blemished.');"><sup>18</sup></span> - A Tanna recited before R'Shesheth: Whose opinion is this? It is that of R'Simeon B'Judah: For it was taught: R'Simeon B'Judah reported in the name of R'Simeon: