REVACH L'DAF

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BECHOROS 59
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SUMMARY

1. Rava: The tenth animal is holy even before it leaves the door of the pen.
 
2. Rava: Animals that have already been counted in the Ma'aser Behemah process are exempt from Ma'aser, even if the counting ends up interrupted (as will be explained below), as long as there was an appropriate number of animals gathered to take Ma'aser from them.
 
3. The Gemara quotes a Beraisa that supports the simple application of Rava's law.
 
4. Rav continues to explain more complex applications of this Halachah.
 
5. The Gemara explains the novelty of Rava's complex application of his law.

A BIT MORE

1. This is evident from the Beraisa that states that if he mistakenly called the ninth animal the tenth, and the actual tenth animal is still in the pen, the ninth cannot be eaten until it receives a blemish, and the tenth is Ma'aser Behemah.
 
2. He derives this from the verse, "He will pass" (i.e. be included as part of the count for Ma'aser Behemah), which excludes an animal that already passed (i.e. was counted), even if the counting did not end with an animal being taken as Ma'aser Behemah.
 
3. If ten sheep were gathered in a pen for the taking of Ma'aser, and after five passed through the door one of the sheep outside died, the owner keeps counting as if the dead sheep was still alive. If the dead sheep was not yet counted, the five that were counted are exempt, and the others are added to another group (of six other sheep).
 
4. If there were 14 sheep, and 6 went out one door and 4 went out another door, and then 4 joined the original 6, the 4 that went out the second door join a different group. If the second 4 joined the first 4, the first 6 are exempt (as they were involved in a counting that could have come to an animal being separated as Ma'aser), and the other 8 must join a different group (since the first 4 went out the second door when there were less than 10 sheep in the pen, meaning that there was never a possibility for Ma'aser to be taken from them).
 
5. One might have thought that only in the case above (#3), where the sheep are clearly destined to go out one door, does Rava's law (#2) apply. The complex application teaches that even where it is unclear whether they will go out this door or out another door, as long as it is possible that there is an appropriate number of sheep to be counted, the ones that were counted are exempt.

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