Mishnah Bekhorot 9:5-6

It's wonderful that you're diving into the Mishnah! Sometimes, the ancient texts can seem a bit like a secret code, especially when they talk about things like animal tithes and specific dates. Ever felt like you're trying to decipher a really old, slightly confusing recipe, wondering if you've got all the ingredients and the right steps? Well, today we're going to tackle a Mishnah passage that might feel a bit like that, but don't worry, we're going to break it down into bite-sized pieces, just like a delicious babka! We'll uncover the fascinating details about how our ancestors thought about giving back from their flocks, and surprisingly, you might find some ideas that resonate with how we think about giving and responsibility today.

Context

This fascinating passage comes from the Mishnah, a foundational text in Judaism. Let's set the scene with a few key points:

Who and When?

• The Mishnah: Think of the Mishnah as the first major compilation of Jewish oral law, written down around 200 CE. It's like a super-organized study guide for Jewish life that existed before the Talmud. Our specific text is from the tractate called Bekhorot, which deals with laws related to firstborn animals and humans.
• Rabbinic Era: This Mishnah was compiled by sages in ancient Israel during the Roman period. This was a time when the Second Temple in Jerusalem was no longer standing, a major shift in Jewish practice and religious life. The Mishnah is grappling with how to maintain Jewish law and tradition in this new reality.
• Eretz Yisrael (The Land of Israel): Many of the laws discussed in the Mishnah, especially those related to agriculture and sacrifices, are deeply connected to the Land of Israel. This passage explores how certain laws applied both within the Land and in the Diaspora (outside the Land).
• The Temple: The existence or absence of the Holy Temple in Jerusalem dramatically impacted Jewish practice. Many commandments were directly linked to Temple service. This Mishnah explicitly discusses how a commandment, animal tithe, functioned both when the Temple stood and when it didn't.

Key Term: Animal Tithe (מעשר בהמה - Ma'aser Behemah)

• Animal Tithe: This was a commandment to give one out of every ten animals (cattle, sheep, or goats) from your herd or flock to the Temple or to the Levites. It was a way of acknowledging God's bounty and supporting the religious infrastructure. It's important to note that this is different from other forms of tithing, like terumah or ma'aser rishon/sheni which applied to produce. This specific tithe was for animals.

Text Snapshot

Here's a taste of what our Mishnah passage says, broken down into a few key ideas:

"The law of animal tithe applies both in the Land of Israel and outside of it, during the time of the Temple and also after the Temple was destroyed. It applies to regular, non-sacred animals, but not to animals already designated as sacrifices. It applies to herds and flocks, but they aren't mixed for tithing purposes, and the same goes for new and old flocks. However, sheep and goats can be tithed from one for the other, because they are considered one species in this context, unlike other combinations that might be forbidden." (Mishnah Bekhorot 9:5)

"The process involved gathering animals into a pen with a narrow opening. As they passed through, the tenth one was marked, often with red paint, and declared 'This is tithe.' If the counting or marking wasn't done perfectly, it could still be considered tithe after the fact, but if the process was completely messed up, like taking ten from a hundred without proper counting, it wouldn't count. There were specific times of the year, called 'gatherings,' when this tithing was done, and there are different opinions on exactly when those times were." (Mishnah Bekhorot 9:6)

Close Reading

Let's really sink our teeth into this text and see what we can learn. It’s like looking at a beautiful mosaic; from afar, it’s a picture, but up close, you see all the individual, intricate pieces that make it work.

### The Enduring Nature of Mitzvot

One of the most striking things about this Mishnah is its insistence that the commandment of animal tithe is in effect in multiple scenarios: "both in Eretz Yisrael and outside of Eretz Yisrael, in the presence of... the Temple and not in the presence of the Temple." This is a profound statement about the resilience and adaptability of Jewish law.

• Beyond Time and Place: Imagine you have a favorite family recipe that’s been passed down for generations. Even if you move to a new country where the ingredients are slightly different, or if the kitchen appliances change, you still find a way to make that recipe. This Mishnah is saying something similar about the commandment of animal tithe. It wasn't just for a specific moment in history or a particular geographic location. The sages are emphasizing that the spirit and obligation of this commandment continued, even when the physical circumstances changed drastically.
  • Example 1: The Temple: When the Temple stood, animal tithes were brought there to be offered or consumed by priests and Levites. After its destruction, the practice shifted. The animals designated as tithe might have been given to Levites, or the value could have been given to charity. The action of setting aside a tenth changed its destination and perhaps its specific ritual, but the obligation to give remained. It’s like a river that changes its course but still flows.
  • Example 2: Diaspora: Think about holidays. We celebrate Passover and Sukkot whether we live in Jerusalem or New York. The core meaning and the way we observe them might have some local adaptations, but the essence is preserved. Similarly, this Mishnah assures us that the principle of animal tithe was meant to be a part of Jewish life wherever Jews lived. This wasn't just a Temple-centric ritual; it was a way of life.
  • Example 3: "Non-sacred" vs. "Sacrificial": The Mishnah also clarifies that the tithe applied to "non-sacred" animals, not those already intended for sacrifice. This distinction is important. If an animal was already going to be sacrificed, it was already in a state of sanctity. The tithe was for the regular animals in your possession, a way to elevate them and bring them into a sacred category. It’s like when you’re baking, you don’t add extra sugar to the sugar you’ve already measured out for the recipe; you add it to the other ingredients.

### The Nuances of Tithing: Species and "Joining"

The Mishnah then dives into some fascinating details about how animals were tithed, particularly concerning different types of animals and their proximity. This section highlights how the rabbis were meticulous in applying principles, even to seemingly minor details.

• "They are not tithed from one for the other": This phrase appears multiple times, and it’s key to understanding the logic. The primary example is with "the herd and the flock" and "the new flock and the old flock." This means if you had, say, ten cows and ten sheep, you couldn't just count them all together and take one animal as tithe for both groups. You had to tithe the cows from the cows, and the sheep from the sheep.
  • Why the Distinction? The Mishnah explains the reasoning: "As by right, it should be inferred: 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... is it not right that they will not be tithed from one for the other?" This is a bit of a legal argument. The rabbis are using an analogy. If animals from the same species (new vs. old flock) can't be tithed together, then surely animals from different species (sheep and goats, which are more distinct) also shouldn't be tithed together.
  • The Verse and the Exception: But then, the verse is brought in: “And all the tithe of the herd or the flock... the tenth shall be sacred to the Lord.” The word "or" here is interpreted to mean that when it comes to the category of "flock," sheep and goats are considered to be part of one unified group for the purpose of tithing. This is a classic example of how the rabbis interpret biblical verses to resolve apparent contradictions or to establish specific rulings.
  • Practical Application: Imagine you have a farm with both cows and sheep. You can't just lump them all together and pick the tenth animal. You'd have to count your cows, set aside the tenth cow, and then count your sheep, set aside the tenth sheep. This ensured that each category received its proper due and reflected the specific nature of the animals.
• "Animals subject to the obligation of animal tithe join together...": This introduces the concept of proximity. If you had two separate flocks, but they were close enough to be managed by one shepherd, they were considered "joined" for the purpose of tithing. The distance is specified as "sixteen mil" (an ancient unit of distance, roughly 1.5 miles). If they were further apart (thirty-two mil), they wouldn't join.
  • The Shepherd's Reach: This concept is rooted in practicality. A shepherd could reasonably oversee and manage animals within a certain radius. If two groups of animals were within that "shepherd's reach," they were seen as a single unit for tithing. It's like if you have two kids playing in the same backyard; they're part of the same "playtime unit." If one is in the front yard and the other in the back, and they're not calling to each other, they might be considered separate "play units."
  • The "Middle" Flock: The Mishnah even addresses a scenario where there are animals between two groups. If you have one flock, then a gap, then another flock, and then a gap, and then a third flock, and the total distance is thirty-two mil, but you have animals in the middle, you can bring all three together and tithe them. This shows a desire to find ways to unite groups for tithing when it's practically feasible, especially if the "middle" animals bridge the gap.
  • Rabbi Meir's View: Rabbi Meir adds another layer, stating that the Jordan River divides animals for tithing, even if they are very close. This suggests that natural boundaries could create separation, regardless of the exact distance, perhaps due to the difficulty of managing animals across such a divide.

### Exemptions and Special Cases

The Mishnah doesn't just cover who is obligated; it also details who is exempt from animal tithe, and in doing so, reveals more about the underlying principles.

• 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 might seem surprising at first. Why would someone who just acquired an animal be exempt? The logic here is that the obligation for animal tithe was generally incumbent upon the owner who raised the animal from birth or who had possession of it during its natural growth and development. If you buy an animal, it's assumed the previous owner already fulfilled any tithing obligations for it during its younger stages.

  • Analogy: Think about taxes. If you buy a used car, you don't have to pay the sales tax again; the original buyer did. The tithe is seen as a tax on the growth and acquisition of livestock over time.
  • The "Premium" (Bakalbon): The Mishnah then gets into a complex interplay between animal tithe and another obligation: the bakalbon, which refers to an additional payment related to the annual half-shekel given to the Temple. Brothers who are partners and have to pay this "premium" are exempt from animal tithe. Conversely, those obligated to animal tithe are exempt from the premium. This suggests that these two obligations were somewhat mutually exclusive or perhaps represented different ways of contributing to the Temple system, and a person shouldn't have to do both for the same animals.
  • Inheritance: The distinction between acquiring animals through inheritance from their father's possession versus inheriting them after they've been divided and then re-partnered is also significant. If they inherit directly from the "house" (the unified estate), they are obligated in animal tithe. If they divide the inheritance and then form a partnership, they are exempt from animal tithe but obligated to the premium. This points to a concern about double-counting or double-burdening.

• Specific Animal Exclusions: The Mishnah lists several categories of animals that don't enter the pen to be tithed:

  • Crossbred Animals: "an animal crossbred from diverse kinds." This refers to hybrids, like a sheep-goat cross. These animals were often considered problematic or not fully belonging to a recognized species for certain ritual purposes.
  • Tereifa: "a tereifa." This is an animal with a fatal internal injury or defect that would make it unfit for sacrifice or even for consumption according to certain Jewish laws. If an animal is already gravely ill or injured, it's not suitable for a sacred offering like tithe.
  • Caesarean Section Births: "an animal born by caesarean section." This is interesting because it's about the method of birth, not necessarily the animal's health. The reasoning might relate to the animal not being a "natural" birth or perhaps concerns about the mother's well-being during the process.
  • Too Young: "one whose time has not yet arrived, i.e., that is younger than eight days old." Animals had to reach a certain age to be eligible for sacrifice or tithe. This ensures the animal is mature enough to be counted as a full member of the flock.
  • Orphan Animals: "and an orphan." This is an animal whose mother died or was slaughtered during its birth. The Mishnah elaborates, and Rabbi Yehoshua offers a slightly different view: if the mother's hide is still present at birth, it's not considered an orphan. This highlights a concern for the animal's connection to its mother, even after the mother's death. The idea might be that the mother's presence, even in death, signifies a more complete birth process.

### The Calendar of Tithing: "Gatherings" and New Year Debates

The final section of our Mishnah passage deals with the timing of animal tithe, revealing a fascinating debate among the rabbis about the Jewish calendar and its application to this commandment.

• "Three times during the year designated for gathering": The Mishnah mentions three specific times for bringing animals together for tithing, loosely tied to the major pilgrimage festivals: Passover, Shavuot, and Sukkot. These are called "gatherings" (grenot).
  • Rabbi Akiva's View: Rabbi Akiva states these are the gathering times. The idea is to consolidate the animals born since the last gathering to make the tithing process manageable.
  • Ben Azzai's Dates: Ben Azzai offers more precise dates: the 29th of Adar, the 1st of Sivan, and the 29th of Av.
  • Rabbi Elazar and Rabbi Shimon's Dates: These rabbis offer a slightly different set: the 1st of Nisan, the 1st of Sivan, and the 29th of Elul.
• The Debate Over Rosh HaShana: The key point of contention is the 1st of Tishrei, which is Rosh HaShana (the Jewish New Year). Rabbi Elazar and Rabbi Shimon avoid this date and opt for the 29th of Elul instead.
  • "One cannot tithe on a Festival": The reason given is that the 1st of Tishrei is a festival, and there's a prohibition against performing certain acts, like tithing, on a festival day. So, they push the gathering date back to the day before the festival.
  • Rabbi Meir's New Year: Rabbi Meir has an even earlier idea, stating that the "new year for animal tithe is on the first of Elul." This means that animals born from the 1st of Elul onwards might be considered part of a new "tithe year."
• Ben Azzai's Resolution (and Confusion!): Ben Azzai's statement, "The animals born in Elul are tithed by themselves," reflects the uncertainty created by these differing opinions. Because there's debate about when the new year for animal tithe begins (Is it Elul 1st? Tishrei 1st?), animals born in Elul are handled separately. This is to ensure that if the halakha (Jewish law) ultimately follows Rabbi Meir's earlier new year, the Elul animals aren't improperly combined with animals from the previous year.
  • The "Join Together" Rule: The Mishnah then clarifies the general rule: Animals born from Tishrei 1st to Elul 29th join together. However, if five were born before Rosh HaShana and five after, they don't join. This reiterates the importance of the New Year's boundary. But if five were born before a "gathering" time and five after, they do join. This highlights that the "gathering" dates are more about practical consolidation than a strict yearly cycle.
• The Purpose of Gatherings: Why have three gatherings? The Mishnah explains: "until the time designated for gathering arrives it is permitted to sell and slaughter." Once the gathering time comes, you can't slaughter those animals before tithing them. This shows that these dates were practical deadlines, after which the animals were officially designated for tithing and couldn't be used for other purposes.

This detailed exploration of the timing shows how ancient Jews were deeply connected to their calendar and how they meticulously applied these cycles to every aspect of life, even down to the care and dedication of their livestock.

Apply It

This week, let's bring a little bit of this ancient practice into our modern lives, focusing on the idea of setting aside something precious. It won't take long, but it can be a powerful way to connect with the concept of dedication.

### The "Tenth Thought" Practice

This practice is inspired by the idea of setting aside the tenth animal. It's a very short daily reflection.

Here's how to do it (takes about 30-60 seconds per day):

1. Choose Your "Herd": At the beginning of the week, decide on something you want to focus on. It could be a positive quality you want to cultivate (like patience, kindness, or focus), a skill you want to improve (like writing, cooking, or learning a language), or even a good habit you want to build (like drinking more water or reading daily). Let's call this your "herd" of positive actions or qualities.

2. The Daily Tenth: Each day, as you go about your activities, be mindful of your chosen focus. When you encounter an opportunity to practice or express that quality, or when you take a small step towards that skill or habit, acknowledge it. Then, at the end of the day, or at a specific quiet moment (like before bed), think of ten instances where you either actively practiced your focus, or where you could have practiced it but didn't (this is okay, it's a learning moment!).

3. The "Tithe" Reflection: After you've mentally noted your ten instances (or ten opportunities), pause. Take a breath. Then, choose one of those ten instances – the one that felt most significant, most challenging, or most rewarding – and hold it in your mind for a few extra seconds. This is your "tithe." It's not about giving something away, but about dedicating a moment of reflection to the most impactful instance of your focus for the day. Ask yourself: "What did I learn from that one?" or "How can I carry that feeling forward?"

Why this works:

• Mindfulness: It encourages you to be present and aware of your actions and intentions throughout the day.
• Focus: It helps you concentrate on one specific area of growth or improvement, making it more tangible.
• Acknowledgement: By mentally noting ten instances, you're acknowledging the many opportunities we have for growth.
• Dedication: Selecting one "tenth" instance to reflect on is like the Mishnah's act of designating the tenth animal. It’s a moment of focused appreciation and learning from the most potent example. It’s about giving a little extra mental energy to what matters most in your chosen focus for that day.

Example: If your focus is "patience," you might mentally note ten times you were patient (e.g., waiting in line, not interrupting someone) or ten times you could have been more patient (e.g., when a child was being slow). Then, you'd pick the most significant instance of patience you experienced (or missed) and reflect on it for a few seconds.

This is a very gentle practice. The goal isn't perfection, but consistent, mindful engagement.

Chevruta Mini

Imagine you and a friend are sitting together, perhaps over a cup of tea or coffee, and you're discussing these ideas. This is what a chevruta (study partnership) feels like. Here are a couple of questions to get you talking:

### Question 1: Adapting Traditions

The Mishnah emphasizes that animal tithe continued even after the Temple was destroyed and in the Diaspora. If you had to adapt a tradition that's very connected to a specific place or time (like a holiday ritual that originally involved a pilgrimage to Jerusalem, or a family recipe that requires a very specific ingredient that's no longer available), what would be the most important things to consider to keep the spirit of the tradition alive? How do you decide what's essential and what can change?

### Question 2: The "Tenth Thought" and Giving

Our "Tenth Thought" practice is about dedicating a moment of reflection to a significant instance of our chosen focus. The original animal tithe was about giving a physical tenth of your animals. How does dedicating a moment of thought or reflection feel similar to or different from giving a physical tenth of your possessions? What does it mean to "give" or "dedicate" something that isn't material?

Takeaway

Remember this: Jewish tradition often finds ways to adapt and endure, focusing on the enduring principles even when circumstances change.