Bekhorot 57b — the Talmud in English

And concerning one born by an unusual manner of birth, ![](pamud.bmp "

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he explained it as

Rabbi Elazar son of Rabbi Yehuda

as Rabbi Shimon, who says:

regarding the impurity of childbirth:

one born by an unusual manner of birth is a fully valid offspring

to render its mother impure with the impurity of childbirth; and because it is stated [Leviticus 12:5]: “And if she gives birth to a female, then she shall be impure for two weeks, as in her menstrual impurity,” and the word “gives birth” is superfluous, to include one born by an unusual manner of birth, as explained in Niddah 40a

— And also concerning consecrated animals we expound “when it is born” to include one born by an unusual manner of birth

— and not in accordance with Rabbi Yohanan,

who holds there, in Niddah, that even Rabbi Shimon concedes concerning consecrated animals that it is not sacred—and consequently, also concerning animal tithe, it enters to be tithed. And

concerning one lacking the requisite time,

which Rabbi Elazar son of Rabbi Yehuda did not exclude by the gezeirah shavah of “under, under,” this is because

he explains it in accordance with Rabbi Shimon son of Yehuda,

who obligates one lacking the requisite time in animal tithe, because it is like a firstborn: just as a firstborn is sacred before its time and is offered after its time, so too animal tithe, as explained above, 56a.

And concerning

an orphan,

which Rabbi Elazar son of Rabbi Yehuda did not exclude from animal tithe, this applies specifically in a case

such as where the hide

of its mother

remains, and Rabbi Yehoshua—

whom Rabbi Elazar son of Rabbi Yehuda stated in his name—

follows his own reasoning, [

according to his view ]

for he says

in our Mishna:

even if one slaughtered its mother and

only

the hide remains, this is not an orphan.

From here the Gemara will be explained according to Rashi from a manuscript.

Rabbi Yishmael son of Satriel testified from

the place called “

Arka de-Livna”

before Rabbi,

four testimonies:

A.

In our place they strip

the hide of the animal giving birth,

which dies

because of the birth,

and they clothe

with its hide

the living one [

that is, the offspring ], and the offspring survives because of this thing that they do for it.

Rabbi said

about this testimony: Now

the reason for our Mishna has been revealed,

which Rabbi Yehoshua said: Even if the hide remains, this is not an orphan. And the reason is that as long as the hide remains, it is as though she herself is still alive, since her hide benefits the offspring; and this is not an orphan.

B.

Chazirim [

chazaret ]

which are in our place,

are so large that

they have six hundred thousand layers [

a layer of leaves ]

in its “house of the omasum.”

That is, it is entirely made of layers upon layers.

C.

Once, one cedar in our place fell, and

it was so large that

sixteen carriages passed over its edge.

That is, over its rounded thickness, which was so broad.

D.

Once, an egg of the bar yokhni fell [

it is a large bird ]

and drowned sixty cities and broke three hundred cedars.

And we raise an objection concerning the last testimony:

And does it throw it,

is this bird accustomed to lay its egg on the ground!?

But it is written [

Job 39 ]: “

the wing of the renanim” [

it is the bar yokhni ]

rejoices,

and we expound in Menachot [66b] as a notarikon:

it carries

the bird its egg

upward

to its special nest

and brings it down [

there it lowers its egg ].

Rav Ashi said

in explanation:

that

egg that the bird laid

was a sterile one [

it was not fit to produce a chick, and therefore it threw it down ].

Mishna:

There are three threshing floors for animal tithe,

that is, at three periods in the year it is the time of animal tithe: the animals that are born to him between one period and the next, he must tithe when the period arrives, and once the period arrives, by rabbinic ordinance he may neither eat nor sell until he tithes: 1.

At the half-period

of Passover [fifteen days before, as the Gemara explains], 2.

and at the half-period before Shavuot,

3.

and at the half-period before the festival, the words of Rabbi Akiva.

Ben Azzai says three other times:

1.

On the twenty-ninth of Adar,

2.

On the first of Sivan,

3.

On the twenty-ninth of Av,

and the reason of each tanna in our Mishna will be explained in the Gemara.

Rabbi Elazar and Rabbi Shimon say three other times:

1.

On the first of Nisan,

because according to their view, on this day they begin to ask and expound the laws of Passover, as will be explained in the Gemara. 2.

On the first of Sivan,

as the reason will be explained in the Gemara, 3.

On the twenty-ninth of Elul,

and this time is because the first of Tishrei is the New Year for animal tithe, as will be explained in the Gemara.

And the Mishna explains the words of Rabbi Elazar and Rabbi Shimon:

And why did they say on the twenty-ninth of Elul, and did not say on the first of Tishrei,

which according to their view is the time for beginning the exposition of the laws of the festival?

Because

the first of Tishrei

is a Festival day, and it is impossible to tithe on a Festival day,

as the reason will be explained in the Gemara, and

therefore they advanced it to the twenty-ninth of Elul.

For further explanation of their words, see the Gemara.

Rabbi Meir says: On the first of Elul

is

the New Year—

the fixed time

for

the beginning of the year of

animal tithe,

for one does not tithe from those born in this year for another year, as the verse says: “You shall surely tithe all the produce of your seed that comes forth in the field year by year.” And the verse speaks of two tithes, and they were compared to one another, so that one may not tithe from one year for another. As was explained in the Gemara above, 53b, the New Year for this matter is the first of Elul, and not the first of Tishrei, as is the view of Rabbi Elazar and Rabbi Shimon.

Ben Azzai says:

Since this one says thus and that one says thus,

the Elul-born animals [

the animals born in Elul ]

are tithed by themselves,

and not with those born before them and not with those born afterward, since it is uncertain according to whose words the halakha is.

The continuation of the Mishna follows the view of Rabbi Elazar and Rabbi Shimon, that the first of Tishrei is the New Year for animal tithe:

All those born from the first of Tishrei until the twenty-ninth of Elul, these join together,

for they are of one year.

If

five were born before the New Year and five after the New Year, they do not join together,

because they belong to two years of animal tithe.

If

five were born before the threshing floor [

before one of the threshing floors ]

and five after the threshing floor, these join together,

for the time of the threshing floor does not interrupt; only the New Year of animal tithe does.

If so, why did they say [

for what purpose, and what practical difference is there in what they said ]

“There are three threshing floors for animal tithe”?

And the Mishna explains:

That before the threshing floor has arrived

it is permitted to sell and slaughter

the animals without tithing them, whereas once

the threshing floor has arrived, he may not slaughter

until he tithes,

but

nevertheless

if he slaughtered,

he is

exempt.

Gemara:

We learned in the Mishna: There are three threshing floors for animal tithe: at the half-period before Passover, at the half-period before Shavuot, and at the half-period before the festival.

The Gemara asks:

Why specifically three [

why did the Sages establish three times ]?

Rabba bar Sheila said

explaining:

corresponding to [

corresponding to the three times when animals give birth ]:

1.

The early ones [

those that come early ], are those that hurry to give birth, give birth at the beginning of winter, and are tithed at the half-period before Passover.

2.

And the late ones [

those that come late ], are those that are late to give birth, and are tithed at the half-period before Shavuot.

3.

And the summer ones [

summer ones ], are those that give birth in the summer, and are tithed at the half-period before the festival.

The Gemara further asks:

And why specifically at these times [

why were specifically these three times—at the half-periods before the festivals—chosen for tithing at them ]?

Rabbi Tanhum son of Rabbi Hiyya, man of Kefar Akko, said

explaining:

Rabbi Tanḥum, son of Rabbi Ḥiyya, of Kfar Akko: