Mishnah Bekhorot 9:3-4

The Big Question

Welcome, everyone! Today, we're diving into a fascinating corner of Jewish law that might seem a bit obscure at first glance: the laws of animal tithes, or ma'aser behemah. You might be wondering, "Why are we talking about animal tithes? Does this even apply today?" And that's a fantastic question to start with!

Our text today, Mishnah Bekhorot 9:3-4, is a deep dive into the intricacies of this ancient practice. It’s not just a list of rules; it’s a window into how our ancestors thought about their relationship with God, their community, and the natural world. We'll explore when this mitzvah (commandment) was observed, who was obligated, and even how it was practically carried out. But the biggest question this Mishnah prompts is: How does an ancient, seemingly agricultural law about animals connect to our lives today, and what can it teach us about responsibility, community, and even divine connection in a modern context? Even though the Temple is no longer standing and many of these specific practices are not observed today, the underlying principles of dedication, meticulousness, and communal responsibility are timeless. We'll unpack the details of this Mishnah to uncover those enduring lessons.

One Core Concept

The central concept we'll explore is the dedication of resources to God and the community. Ma'aser behemah, or animal tithe, was a way to set aside a portion of one's livestock as sacred, ultimately for the sustenance of the Levites and priests, and for the upkeep of the Temple. This act wasn't just about giving away animals; it was a profound expression of acknowledging God's ownership over all things and a commitment to supporting the spiritual infrastructure of Jewish life.

Breaking It Down

This Mishnah is dense with detail, so let's break down some of the key points to understand the landscape of ma'aser behemah.

When and Where Was It In Effect?

• Ubiquity: The Mishnah immediately establishes that the mitzvah of animal tithe was in effect both in Eretz Yisrael (the Land of Israel) and outside of Eretz Yisrael. This highlights the broad application of this commandment.
• Temple Times: It was also observed in the presence of the Temple and not in the presence of the Temple. This might seem contradictory, but it refers to the period when the Temple stood and was functional, versus the times when it was destroyed or not yet built. The practice itself, however, was conceptually tied to the Temple's existence.
• Sacred vs. Non-Sacred: The tithe applied to non-sacred animals but not to sacrificial animals. This makes sense; sacrificial animals were already designated for Temple use, so they wouldn't be subject to a separate tithing process.

The Nuances of Tithing

The Mishnah then delves into specific categories and rules:

• Herd and Flock: The tithe applied to both the herd (cattle) and the flock (sheep and goats).
  • Distinct Tithe: However, they are not tithed from one for the other. This means cattle tithe must come from cattle, and sheep/goat tithe from sheep/goats. You couldn't fulfill your cattle tithe obligation with sheep.
  • Sheep and Goats: But they are tithed from one for the other regarding sheep and goats. This means if you had both sheep and goats, you could tithe sheep from your goat flock, or vice-versa, as they were considered closer in kind for this purpose.
• New vs. Old Flock: The Mishnah discusses tithes from the new flock and the old flock, but clarifies they are not tithed from one for the other. This implies a separation, perhaps based on birth year or season.
• The Logic of "Diverse Kinds": The Mishnah uses a fascinating analogy to explain why sheep and goats can be tithed from each other, while cattle and sheep/goats cannot, and new vs. old flocks cannot. It reasons: "If in the case of animals from the new flock and the old flock, which do not carry the prohibition of mating diverse kinds when mated with each other... are nevertheless not tithed from one for the other, then with regard to sheep and goats, which do carry the prohibition of mating diverse kinds when mated with each other, is it not right that they will not be tithed from one for the other?" This is a bit of a legal argument in reverse. The verse (Leviticus 27:32) states, "And all the tithe of the herd or the flock, whatever passes under the rod, the tenth shall be sacred to the Lord." The Mishnah interprets the "or" to mean that within the category of "flock" (sheep and goats), they are considered one unit for tithing. However, cattle are a separate category.

Practicalities of Gathering and Tithing

The Mishnah then moves to the practicalities:

• Joining Flocks: Animals subject to tithe join together if the distance between them is no greater than sixteen mil (an ancient unit of distance, roughly equivalent to a mile). This means if shepherds were tending separate flocks within this range, they could be considered one unit for tithing purposes. If the distance was thirty-two mil, they wouldn't join.
• The Role of a Shepherd: The key seems to be the ability of one shepherd to tend them. If there was a flock in the middle of a larger distance, the owner could bring all three together to tithe them centrally.
• Rabbi Meir's View on Rivers: Rabbi Meir offers a strict opinion: the Jordan River divides animals for tithing purposes, regardless of the distance. This highlights the importance of clear boundaries in the process.

Exemptions and Special Cases

Not everyone or every animal was obligated:

• Purchased or Gifted Animals: One who purchases an animal or has an animal that was given to him as a gift is exempt from separating animal tithe. This is a significant exemption, indicating the tithe was primarily for animals raised by the owner.
• Brothers and Partners: This is a complex area. If brothers or partners were obligated to pay the bakalbon (a premium added to the annual half-shekel Temple tax), they were exempt from animal tithe. Conversely, those who were obligated to separate animal tithe were exempt from the bakalbon.
  • Inheritance: The key distinction was how they acquired the animals. If they acquired them through inheritance from their father's estate before division, they were obligated in animal tithe. If they divided the inheritance and then re-entered a partnership, they were obligated to the bakalbon and exempt from animal tithe. The Rambam clarifies this: "And the joint ownership of the house is called the common property between the brothers before they divide their father's inheritance."
• Animals Not Eligible for Tithing: A list of animals that enter the pen to be tithed, except for... is given. These include:
  • An animal crossbred from diverse kinds.
  • A tereifa (an animal with a fatal internal defect).
  • An animal born by caesarean section.
  • One whose time has not yet arrived (younger than eight days old).
  • An "orphan" – an animal whose mother died or was slaughtered during its birth. Rabbi Yehoshua has a slightly more lenient view on what constitutes an orphan.

The Timing of Tithe Gathering

The Mishnah discusses specific times for gathering animals for tithing:

• Three Gathering Times: Rabbi Akiva identifies three times adjacent to major festivals: Passover, Shavuot, and Sukkot.
• Specific Dates: Ben Azzai and Rabbi Elazar/Rabbi Shimon offer more precise dates, leading to a discussion about the beginning of the new year for animal tithes and the permissibility of tithing on festivals. The reason for shifting a date from Rosh HaShana (the first of Tishrei) to the 29th of Elul is explicitly stated: "one cannot tithe on a Festival."

The Mechanics of Tithing

The Mishnah then describes the actual process:

• The Pen: Animals are gathered in a pen with a narrow opening.
• Counting: They are counted as they emerge: "One, two, three... nine; and he paints the animal that emerges tenth with red paint and declares: This is tithe." This is the literal interpretation of "passing under the rod."
• Validity: Even if the paint or counting was done differently (e.g., counting while prone or standing), the tithe is still considered valid after the fact. However, simply taking ten animals out of a hundred without the systematic counting is not valid tithe. Rabbi Yosei, son of Rabbi Yehuda, disagrees, finding it valid.
• Mistakes: The Mishnah addresses what happens if an animal jumps back into the pen or if a designated tithe animal jumps back. Errors in counting are also meticulously addressed, leading to complex scenarios where animals might have different sacred statuses (tithe, peace offering, or even a substitute for a tithe). This demonstrates the extreme precision and care required.

How We Live This

While we no longer separate animal tithes in the way described in this Mishnah, the core principles resonate deeply with how we can live Jewishly today.

Principle 1: Dedication and Sanctity

• Today's Tithe: The concept of setting aside a portion of our resources for sacred purposes is still alive today. We call this tzedakah (charity or righteousness). Just as the animal tithe was a way to support the Levites and priests and the Temple, our tzedakah supports Jewish communal institutions, social welfare, education, and religious life.
• Consciousness: The meticulousness with which the Mishnah describes counting and designating the tenth animal reminds us to be intentional and conscious in our giving. It’s not just about the amount, but the act of deliberate dedication. We can ask ourselves: are we giving mindfully, or just out of obligation?

Principle 2: Responsibility and Meticulousness

• Beyond Agriculture: The detailed rules about avoiding hybrid animals, tereifot, or young animals for tithing highlight a commitment to offering the best and most appropriate. This translates to our own lives. Are we careful and responsible in our actions? Do we strive for quality and integrity in our work, our relationships, and our commitments?
• Community Support: The very existence of ma'aser behemah was to support the Levitical and priestly class, who in turn served the entire community. This underscores the interconnectedness of Jewish life. Our actions, even in seemingly distant areas like finance, have ripple effects throughout the community.

Principle 3: Navigating Complexity and Interpretation

• Rabbinic Wisdom: The differing opinions of Rabbi Meir, Ben Azzai, Rabbi Elazar, and Rabbi Shimon on dates, or Rabbi Yosei’s view on counting, show us that Jewish law is not monolithic. It involves deep study, debate, and nuanced interpretation.
• Applying Ancient Laws: Understanding the exemptions for purchased animals or the complex rules for partners helps us appreciate that laws are often tailored to specific circumstances. While the literal practice of animal tithe isn't observed, the process of analyzing its underlying principles and finding contemporary applications is a vital part of Jewish tradition. When we encounter challenging or seemingly outdated laws, we are called to engage with them, understand their spirit, and find their modern relevance, just as the Sages did.

One Thing to Remember

The enduring lesson from Mishnah Bekhorot on animal tithes is that dedication is a practice of conscious intent and communal responsibility. Whether it's setting aside a portion of our livestock for sacred use, or a portion of our income for tzedakah, the act of setting aside and dedicating resources is a fundamental way we acknowledge our connection to something larger than ourselves and contribute to the well-being of the community.