Bekhorot 57b (נז:) — the Talmud in English

And in the case of an abnormal birth

he held that

Rabbi Elazar bar Rabbi Yehuda

agreed with Rabbi Shimon, who said

with regard to the impurity of childbirth:

An abnormally delivered offspring is a fully viable offspring

with regard to rendering its mother impure with the impurity of childbirth. This is because it is stated [Leviticus 12:5]: “And if she bears a female child, she shall be impure for two weeks as in her menstruation,” and the word “bears” is superfluous, serving to include an abnormally delivered offspring, as explained in Niddah 40a. –

And with regard to sacrificial animals as well, we expound the phrase “when it is born” to include an abnormally delivered offspring –

and not in accordance with Rabbi Yoḥanan

who holds there, in Niddah, that even Rabbi Shimon concedes with regard to sacrificial animals that such an offspring is not consecrated—and it follows that with regard to animal tithe as well, it is included among those subject to tithing. And

in the case of an animal within the period before it is fit for sacrifice,

which Rabbi Elazar bar Rabbi Yehuda did not exclude by means of the verbal analogy of “under” and “under,” this is because he

agrees with Rabbi Shimon ben Yehuda

who obligates an animal within the period before it is fit for sacrifice in animal tithe. This is because it is comparable to a firstborn: Just as a firstborn becomes consecrated before its proper time and is sacrificed after its proper time, so too, animal tithe is subject to the same rule, as explained above, on page 56a.

And

in the case of an orphan

which Rabbi Elazar bar Rabbi Yehuda did not exclude from animal tithe, this applies specifically

when, for example, the hide

of its mother

remains, and Rabbi Yehoshua –

as Rabbi Elazar bar Rabbi Yehuda stated in his name –

follows his own reasoning,

according to his position,

as he said

in our Mishna:

Even if one slaughtered its mother and

only

the hide remains, this is not an orphan.

From this point, the Gemara will be explained according to Rashi’s manuscript.

Rabbi Yishmael ben Satriel testified from

the place called

“Arqet Levina”

before Rabbi

four testimonies:

1.

In our locality, they strip

the hide from an animal that gives birth and

dies

because of the birth,

and they dress

in its hide

the living one

the offspring—and the offspring survives because of this procedure that they perform for it.

Rabbi said

about this testimony: Now

the reason for our Mishna has been revealed,

which states in the name of Rabbi Yehoshua: Even if the hide remains, this is not an orphan. The reason is that as long as the hide remains, it is as though the mother herself were still alive, since her hide benefits the offspring; consequently, this is not an orphan.

2.

The horseradishes

[the horseradishes]

in our locality

are so large that

they have six hundred thousand leaves

[the layers of leaves]

in their “house of the omasum.”

That is, they consist entirely of layer upon layer of leaves.

3.

Once, one cedar in our locality fell, and

it was so large that

sixteen wagons passed over its tip.

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

4.

Once, an egg of the bar yokhani fell

[which is a large bird]

and submerged sixty cities and broke three hundred cedars.

The Gemara raises an objection concerning the last testimony:

And does it throw it down?

Does this bird ordinarily lay its egg on the ground?!

But it is written [Job 39]:

“

The wing of the bar yokhani

[which is the bar yokhani]

is joyful,”

and we expound this in Menachot 66b as a notarikon:

It carries

the bird’s egg

up

to its particular nest

and lowers it

[there it lowers its egg].

Rabbi Ashi said

He resolved the difficulty:

That

egg laid by the bird

was a rotten egg

[it was not fit to hatch], and therefore the bird discarded it.

Mishna:

There are three threshing floors for animal tithe,

meaning that there are three periods during the year that constitute the time for animal tithe. Animals born to him between one period and the next must be tithed when that period arrives; once the period has arrived, he may not eat or sell them by rabbinic decree until he tithes them: 1.

Half a month before

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

half a month before Shavuot,

3.

and half a month before Sukkot; these are the words of Rabbi Akiva.

Ben Azzai says

there are three other times: 1.

On the twenty-ninth of Adar, 2.

on

the first of Sivan, 3.

on

the twenty-ninth of Av.

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

Rabbi Elazar and Rabbi Shimon say

there are three other times: 1.

On the first of Nisan,

because according to their view, on that 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,

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

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

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

which, according to their view, is the time when they begin expounding the laws of the festival?

Because

the first of Tishrei

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

as the reason will be explained in the Gemara,

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

For a further explanation of their words, see the Gemara.

Rabbi Meir says: The first of Elul

is

the New Year –

the fixed time

for

the beginning of the year of

animal tithe. Animals born in this year may not be tithed for another year, as the verse states: “You shall surely tithe all the produce of your seed that comes forth from the field year by year.” The verse is speaking of two tithes, and they are equated with one another so that one may not tithe from one year for another, as explained above in the Gemara, on page 53b. For this purpose, the New Year is the first of Elul, and not the first of Tishrei, in accordance with the view of Rabbi Elazar and Rabbi Shimon.

Animals born in one year may not be tithed together with animals born in another year, as the verse says: “You shall surely tithe all the produce of your seed that comes forth from the field, year by year.” The verse is speaking of two tithes, and they are compared with one another to teach that one may not tithe from one year for another, as explained above, on page 53b. For this purpose, the new year is the first of Elul, and not the first of Tishrei, as Rabbi Elazar and Rabbi Shimon hold.

Ben Azzai says:

Since this one says one way and that one says another way,

the animals born in Elul

[the animals born in Elul]

are tithed separately,

and not together with those born before them or with those born afterward, since it is uncertain whose opinion is the halakha.

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 animals born from the first of Tishrei through the twenty-ninth of Elul are combined,

since they are all of the same year.

If

five were born before the New Year and five after the New Year, they are not combined,

because they belong to two years with regard to animal tithe.

If

five were born before the threshing floor

[before one of the threshing floors]

and five after the threshing floor, they are combined,

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

If so, why did they say

[for what purpose, and what practical difference is there in their saying]

that there are three threshing floors for animal tithe?

The Mishna explains:

Before the threshing floor arrives, 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 them;

but

nevertheless,

if he slaughtered,

he is

exempt.

Gemara:

We learned in the Mishna: There are three threshing floors for animal tithe: half a month before Passover, half a month before Shavuot, and half a month before Sukkot.

The Gemara asks:

What is the reason for three

[why did the Sages establish three times]?

He said

he explained:

Rabba bar Sheila: Corresponding to

[corresponding to] the three times when animals give birth:

1.

The early ones

[those that give birth early], namely, those that hurry to give birth and give birth at the beginning of winter; they are tithed half a month before Passover.

2.

And the late ones

[those that give birth late], namely, those that delay giving birth; they are tithed half a month before Shavuot.

3.

And the summer ones

[those that give birth in summer], namely, those that give birth in the summer; they are tithed half a month before Sukkot.

The Gemara continues to ask:

And what is the reason for these times

[why were specifically these three times—half a month before the pilgrimage festivals—chosen for tithing]?

He said

he explained:

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