BECHOROS 60 - Dedicated by Eddie and Esther Turkel in honor of the birth of Dovid Boaz Kornfeld.

1)

ANIMALS REMAINING AFTER MA'ASER HAS BEEN SEPARATED

(a)

(Rava): If Reuven has 15 lambs, he may not say "I will bring 10 into the pen and take (one to be) Ma'aser, and the others will be exempt." Rather, he brings all into the pen and takes Ma'aser, and the remaining five join in the next Goren.

(b)

Support (Beraisa #1): If Reuven has 15 lambs, he may not say "I will pick 10 and take one of them for Ma'aser, and the others will be exempt." Rather, he brings all into the pen and takes Ma'aser, and the remaining five join in the next Goren.

(c)

Contradiction (Beraisa #2): If Reuven has 19 lambs, he may not say "I will pick 10 and take one of them for Ma'aser, and the others will be exempt." Rather, he brings all into the pen, takes Ma'aser, and the remaining nine are exempt.

(d)

Resolution (Rav Huna bar Sechorah): In Beraisa #2, there were two openings in the pen. Nine left from each;

1.

All are exempt, because the last could have left from either opening.

(e)

Question: Why didn't he answer that after counting nine, he called the tenth "one," and finished counting 2, 3,... , 9, "Asiri"?

(f)

Answer: He holds that the tenth is automatically Kodesh (even though he called it "one," so the last nine were not part of a Minyan ha'Ra'uy).

(g)

Question: Why didn't he answer that he counted two at a time? (If there were 20, the last two would be Kedoshim. Since there were only 19, the last is Kadosh, all others are exempt due to Minyan ha'Ra'uy!)

(h)

Answer: He holds that every tenth animal to leave is Kadosh. (Even if one counts two at a time, it does not change this.)

2)

MISTAKES IN THE COUNT

(a)

(Mishnah): If two animals came out together, they should be counted like two;

1.

If they were counted like one, his (count is off. What he calls) ninth and tenth are confused. (Neither is offered. Each is eaten after it gets a Mum. Alternatively, his ninth and tenth are both Kodesh, like the Mishnah proceeds to explain.)

(b)

If he called the ninth "Asiri," and the tenth "nine," and the 11th "Asiri," all of them are Kodesh:

1.

The ninth is eaten after it gets a Mum. The tenth is Ma'aser. The 11th is offered like Shelamim;

2.

R. Meir says, if one was Memir (made Temurah) on the 11th, it takes effect;

3.

R. Yehudah says, it itself is Temurah. It cannot make Temurah!

4.

Rabanan cited R. Meir to say that if it was Temurah, it would not be offered (just like Temuras Bechor is not offered)!

(c)

If the ninth, tenth and 11th were all called "Asiri," none of them are Kodesh (to be offered);

(d)

The general rule is, if the tenth was not Ne'ekar, the 11th does not become Kodesh.

(e)

(Gemara - R. Yochanan): If he counted two at a time, or 100 at a time, the tenths according to his count are Kodesh.

(f)

Question: What does this mean?

(g)

Answer #1 (Rav Mari): The tenth group of (two or 100) animals that he counts are all Ma'aser.

(h)

Answer #2 (Rav Kahana): Every tenth animal that left is Ma'aser.

(i)

Question (Mishnah): If two animals came out together, they should be counted like two. If they were counted like one, his ninth and tenth are confused.

1.

We understand this according to Rav Mari. Ma'aser is according to his count. (Since he called the 11th "Asiri," it gets Kedushah);

2.

However, according to Rav Kahana, his count does not affect Ma'aser. (In any case, the tenth animal that left is Ma'aser, and the ninth is Chulin.) They are not confused!

(j)

Answer (Rav Kahana): R. Yochanan's law applies when the person intended to count two (or 200) at a time, but not if they came out that way by themselves.

(k)

Question (Beraisa): If he counted them in reverse order (10, 9,... , 1), the tenth according to his count is Kodesh.

1.

This is like Rav Kahana, but according to Rav Mari, it should not be Kodesh, for he called it "one"!

(l)

Answer (Rava): It is Kodesh because he called it "Echad," and this means "tenth" in Parsi.

60b----------------------------------------60b

(m)

(Mishnah): If he called the ninth "Asiri," and the tenth "nine," and the 11th "Asiri"...

(n)

(Beraisa) Question: What is the source that if he called the ninth "Asiri," and the tenth "nine," and the 11th "Asiri," all of them are Kodesh?

(o)

Answer: "V'Chol Ma'asar Bakar va'Tzon Kol Asher Ya'avor... ha'Asiri Yihyeh Kodesh";

1.

Suggestion: Perhaps we include even the eighth and twelfth (if they were called "Asiri")!

2.

Rejection: The tenth is Kodesh, and Ta'uso (what was mistaken for it);

i.

Just like nothing separates the tenth from itself, also Ta'uso becomes Kodesh only if it is not separated from the tenth.

(p)

Contradiction (Beraisa): Just like the tenth is unique, also Ta'uso that becomes Kodesh is unique. (Our Mishnah says that two animals can become Kodesh due to it!)

(q)

Answer (a reciter of Beraisos): The Beraisa is like R. Elazar b'Rebbi Shimon:

1.

(Beraisa - R. Elazar b'Rebbi Shimon): The 11th is not Kodesh unless he was silent when the ninth left (he did not call it "Asiri"; alternatively, did not even call it "nine",) and called the tenth "nine."

2.

He holds like R. Yehudah, who says that mistaken Ma'aser receives Kedushas Temurah;

3.

He holds like his father, who says that an animal can make Temurah only once.

3)

IF THE TENTH LEFT SIMULTANEOUSLY WITH ANOTHER ANIMAL

(a)

(Rava): Case 1 - if two animals came out together, the ninth and tenth, and he called them both "nine," Chulin and Kodesh are mixed together;

1.

The tenth is Kodesh automatically. (Surely, one of them was Mashehu before the other, just they appeared to come out exactly together.) The ninth is Chulin, for it was called nine.

(b)

If he called them both "Asiri," Ma'aser is mixed with the ninth (which has Kedushas (Ta'us) Teshi'i);

1.

This is because he called both "Asiri." (Either way, one may not eat either animal until it gets a Mum. When both are Kodesh, one who shears or works with either animal (or slaughters or eats one without a Mum) is lashed.)

(c)

Case 2 - if the tenth and 11th came out together, and he called them both "Asiri," Ma'aser is mixed with the 11th (which has Kedushas Ta'us Achad Asar, i.e. Shelamim);

1.

If he called them both "11," Chulin and Kodesh are mixed together.

(d)

Question: Why must Rava teach Case 2? It is just like Case 1! (The 11th is Kodesh only if it was called "Asiri".)

(e)

Answer: The Chidush is, whenever both were called "Asiri" simultaneously, both are Kodesh, even though (Shem) Asiri was not Ne'ekar from the tenth.

(f)

Question (Rav Ashi): When 10 and 11 were both were called "Asiri," why is the 11th Kodesh - (Shem) Asiri was not Ne'ekar from the tenth!

1.

(Mishnah): The general rule is, if the tenth was not Ne'ekar, the 11th does not become Kodesh.

(g)

Answer (Rav Kahana): This is when the 11th was called "Asiri" after the tenth. If both were called "Asiri" simultaneously, both are Kodesh, even though the tenth was not Ne'ekar.

(h)

Question: The previous clause explicitly teaches that when they were not counted together, Kedushah of the 11th depends on Akirah!

1.

(Mishnah): If he called the ninth "Asiri," and the tenth "Asiri," and 11th "Asiri," none of them are Kodesh (to be offered);

2.

Surely, the general rule taught after this discusses when they were called Asiri simultaneously!

(i)

Answer: No, it discusses when he did not call the tenth anything. Also then, the 11th is not Kodesh, for the tenth was not Ne'ekar.

(j)

Support (Beraisa): If the tenth and 11th came out together, neither preceded the other, and he called them both "Asiri," Ma'aser is mixed with the 11th (a Shelamim).

1.

Since both were called "Asiri" simultaneously, both are Kodesh, even though the tenth was not Ne'ekar!

(k)

Rejection: That is no proof. Perhaps it was Ne'ekar, i.e. the tenth stuck its head out of the pen, it was called "11," then it re-entered the pen and left simultaneously with the 11th (and then both were called "Asiri").

(l)

Question: That cannot be the case. It says "neither preceded the other"!

(m)

Answer: It means that when it left with the 11th, neither preceded the other.

(n)

Suggestion: This is unlike Rebbi, who says that Akirah is calling the tenth "nine," but "Achad Asar" is not an Akirah!

(o)

Rejection: It is even like Rebbi;

1.

Rebbi says that "Achad Asar" is not an Akirah only when there are at least 20 animals, for then we could understand this to mean "Achad Asiri," i.e. this is one of the Ma'aser animals that I will separate;

2.

If the owner knows that there are less than 20 animals, we cannot explain this way. Surely he calls it "11". It is a proper Akirah.

4)

(a)

Question: Where did Rebbi say that "Achad Asar" is not an Akirah?

(b)

Answer (Beraisa (#1)- Rebbi): If he called the tenth "11," and the 11th "Asiri," the 11th is not Kodesh;

1.

R. Yosi b'Rebbi Yehudah says, it is Kodesh.

2.

Version #1 (Shitah Mekubetzes' text): Rebbi says, the general rule is, whenever Shem Asiri was not Ne'ekar, the 11th (if it was called Asiri) is not Kodesh.

(c)

Question: It was Ne'ekar! (Rebbi's rule does not apply here!)

(d)

Version #2 (Tzon Kodashim's text) Contradiction (Beraisa #2 - Rebbi): The general rule is, whenever Shem Asiri was not Ne'ekar, the 11th is not Kodesh. (end of Version #2)

(e)

Answer (Rava): In the Reisha (or Beraisa #1), there are many animals, so we understand "Achad Asar" to mean "Echad Asiri." It is not an Akirah.