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)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 - 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)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)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)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.

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)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)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.

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. '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)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)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.

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 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)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)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.

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)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 - 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)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)'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)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)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).

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, 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).

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)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)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)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)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.

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, 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 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. 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)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)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)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').