Shekalim 8a (ח.) — the Talmud in English

There we learned,

in tractate Rosh HaShana:

Rabbi Meir says: On the first of Elul—

the New Year for the tithe of cattle,

and animals born before the first of Elul do not join with animals born after the first of Elul for the obligation of the tithe of cattle.

Rabbi Elazar and Rabbi Shimon say: On the first of Tishrei

is the New Year for the tithe of cattle.

Ben Azzai says: The Elul-born animals

[those born during Elul itself]

are tithed separately.

For it is uncertain whether they belong to the preceding year or to the following year, since Ben Azzai is uncertain whether the New Year for the tithe is the first of Elul or the first of Tishrei.

Rabbi Huna said: The reason of Rabbi Meir,

who holds that the New Year for the tithe of cattle is the first of Elul, is that the time that limits and separates one year from the next is the first of Nisan, which is the first of the months of the year. However, the year for the tithe of cattle is determined by the time the animals become pregnant, rather than by the time they are born. If an animal became pregnant after the first of Nisan, its offspring belongs to the animals of the following year.

Since the gestation period of small cattle is five months, it follows that

until this point,

that is, until the first of Elul,

they continue

[to continue]

to give birth from

the pregnancies of

the earlier

animals, which became pregnant before the first of Nisan. From the first of Nisan until the first of Elul there are five months.

But

from this point onward,

that is, from the first of Elul,

they begin to give birth from

the pregnancies of

the later

animals, which became pregnant after the first of Nisan. Therefore, these offspring do not join with those offspring.

Rabbi Yose son of Rabbi Bun in the name of Rav Huna

said:

The reason of Rabbi Elazar and Rabbi Shimon

who hold that all animals born until the first of Tishrei belong to the preceding year is that they learned from a verse that even those that became pregnant after the first of Nisan, until the first of Iyyar, belong to the preceding year.

As it is stated in Psalms:

“The flocks are clothed with sheep.”

“The clothing of the flocks” means their becoming pregnant.

These are the early ones,

which become pregnant first, in the month of Adar.

And what is stated afterward,

“And the valleys are wrapped in grain”?

These are the late ones

[which are late to become pregnant], which become pregnant when the valleys are wrapped in grain [covered with produce], that is, when the growth of the produce is clearly visible in the fields, namely, in the month of Nisan.

And concerning all of them, the continuation of the verse says:

“They shout for joy; they also sing.”

And they expounded: “They shout for joy” is an expression of companionship. And “they sing” is as though it were written, “they become wealthy.” That is, they become companions together, and these become enriched together with those.

These and those enter the pen to be tithed together.

Therefore, their time extends until the first of Tishrei. For those that become pregnant late, until the first of Iyyar, give birth by the first of Tishrei.

Ben Azzai said: Since these say this, and those say that,

and I do not know how to decide between them, therefore

the Elul-born animals—

since it is uncertain whether they are tithed with the members of the preceding year or with those of the following year—

are tithed separately.

What are the circumstances?

If five were born to him

lambs

in

the month of

Av and five in Elul,

or five in Elul and five in Tishrei,

they do not join

to be tithed because of the uncertainty.

But

if five were born to him in Tishrei and five in the following Av,

of the following year,

these join together.

Although several threshing floors established by the Sages intervene between them, in any event they belong to the same year.

We object:

And

is it possible to say

that Ben Azzai decides between

[in the dispute between]

the statements of his students!?

For Rabbi Meir and Rabbi Elazar and Rabbi Shimon were his students and lived after Ben Azzai; how could he decide a matter in which his students disputed after his time?

Rabbi Yirmeya and Rabbi Meyasha came in the name of Rabbi Shmuel bar Rabbi Yitzḥak

and answered: This is not a dispute between Ben Azzai’s students. Rather,

the fathers of the world disputed this matter,

the authorities who preceded Ben Azzai, and he decided it on the basis of uncertainty.

And who are the fathers of the world

who disputed this matter?

The tanna Rabbi Yona said before

[before]

Rabbi Yirmeya: Rabbi Yishmael and Rabbi Akiva.

The Gemara concludes from this:

This means that Ben Azzai was both a colleague and a student of Rabbi Akiva.

For if you say

[that if you say] that Rabbi Akiva

was the teacher

of Ben Azzai and not his colleague, then

is there a person

[a human being]

who would say to his teacher

[about his teacher]

“Since these say this and those say that”?

Surely a student does not decide between the words of his teacher.

Rabbi Avun in the name of Rabbi Shmuel bar Rav Yitzḥak understood it

as teaching what we have said, that Ben Azzai was both a colleague and a student of Rabbi Akiva,

from this:

We learned in tractate Bava Batra, concerning one of the disputes between Beit Shammai and Beit Hillel, that there is a certain case in which “both these and those concede.” Rabbi Akiva, however, holds that they dispute even in that case.

And in this wording

In these words

Ben Azzai said to Rabbi Akiva

concerning

the

cases

about which they dispute, we are distressed

because they dispute them;

but

you

have come to dispute with us even about those in which they agree!?

Since Ben Azzai expressed himself in this manner toward Rabbi Akiva,

this means that Ben Azzai—

was both a colleague and a student of Rabbi Akiva!

For if you say

[that if you say] that Rabbi Akiva

was his teacher,

then

is there a person

who

would say to his teacher, “But you have come to dispute with us even about those in which they agree”?

It is not respectful to say to one’s teacher, “But you have come”; he should have said, “But he has come.”

There

[in tractate Bekhorot]

we learned: All those born from the first of Tishrei until the twenty-ninth of Elul join together

for the tithe of cattle, since they belong to one year.

But

five

that were born

before Rosh HaShana, and five

that were born

after Rosh HaShana—

do not join together.

Five

that were born

before

the time of

the threshing floor

that the Sages established as the time for tithing the animals,

and five after

the time of

the threshing floor—

these join together.

Rabbi Yose said: This

[this matter]

means:

The Mishna’s statement that the animals are joined for the year of the tithe of cattle if they were born between Rosh HaShana and the twenty-ninth of Elul teaches us that the year of the tithe of cattle differs from the year of the tithe of fruit or produce:

The year of

“the tithe of cattle”—

they did not make it

[it does not resemble it in its laws]:

not like “budding”

, as with the tithe of a tree, for which the determining factor in deciding whether the fruits belong to this year or the following year is the time of budding: fruits that budded after the fifteenth of Shevat belong to the following year, while those that budded beforehand belong to the previous year.

and not like “one-third”

, as with the tithe of olives and grain, for which growth to one-third determines to which year the grain belongs.

Rabbi Yose proves his statement:

For

if you say

that

budding

is the determining factor, and conception in an animal is analogous to budding in a tree, since both are the beginning of growth,

then everything depends on when the animal became pregnant; so why does the tanna teach that all “born” from the first of Tishrei

should have taught: All “conceived” from the first of Tishrei until the twenty-ninth of Elul

are combined, since it is not the birth that determines the year of the animal tithe, but conception.

And if you say

that it is like

one-third,

that the time determining the beginning of the year for the animal tithe is analogous to growth to one-third in grain,

the Gemara now assumes that growth to one-third of the grain determines the year of the tithe because, once it has grown to one-third, the designation of tithe can already apply to the grain. Therefore, it belongs to this year.

If so, in the case of animals, the determining time is not the time of conception, but the time at which the designation of animal tithe can be applied to the offspring. That is from the eighth day after its birth, because until the eighth day the offspring is unfit for sacrifice. Since it is “lacking time” with regard to its sacrifice, the designation of animal tithe cannot be applied to it.

If so, the tanna should have

taught: “All those born

from Rosh HaShana

until the twenty-second of Elul

are combined,” whereas those born on the twenty-third of Elul, whose eighth day after birth falls in the following year, do not belong to this year, since on the twenty-ninth of Elul it is still impossible to apply the designation of tithe to them, analogous to grain that had not grown to one-third before Rosh HaShana.

And since we say, “All those born from Rosh HaShana until the twenty-ninth of Elul are combined,” we see that with regard to the animal tithe we follow birth in determining the year of the tithe, and do not follow either budding or growth to one-third.

Rabbi Shammai said in the name of Rabbi Beivai bar Rabbi Hiyya:

Our Mishna is the opinion of Rabbi Shimon.

One-third—

Rabbi Shimon made it analogous to one-third, in accordance with his own view.

For according to his view, the animal tithe should be compared to the tithe of grain and olives, for which the time of growth to one-third is the determining factor.

For Rabbi Shimon said:

An offering that is

“lacking time,”

although the time appropriate for its sacrifice has not yet arrived, nevertheless

enters the pen to be tithed,

and the designation of tithe applies to it even though it is not yet fit for sacrifice.

According to him, all those born by the twenty-ninth of Elul are considered like grain that has grown to one-third, since the designation of animal tithe can be applied to them from the moment of their birth.

Rabbi Mana rose and

met

Rabbi Shammai.

.

He said to him:

Do you really

say this statement

, that according to Rabbi Shimon the animal tithe is analogous to growth to one-third in grain!?

He said to him,

Rabbi Shammai:

Yes!

Indeed.

Rabbi Mana said to him:

But

here

we learned there:

Ben Azzai says: The animals born in Elul are tithed separately.

And since he says “the animals born in Elul” without qualification and does not distinguish between them,

does that not

imply that

even one born by the twenty-ninth of Elul

is tithed together with the other animals born in Elul?

But this is difficult: Do you really

have grounds to say

that

Ben Azzai—

holds like Rabbi Shimon

, maintaining that an animal that is lacking time enters the pen to be tithed, and not like the Rabbis, who dispute him?

It is surely more reasonable that he holds like the Rabbis, who are the majority, and who maintain that an animal born after the twenty-second of Elul is not fit to be tithed in that year, since it is “lacking time” and is not yet fit for sacrifice.

Rather, just as you say regarding Ben Azzai

that, according to Ben Azzai, he

sets them aside

those born after the twenty-second of Elul

for the following year,

so that eight days will pass for them and they will become fit for sacrifice,

and

then they

are tithed together with those born in Elul.

So

too, you should say regarding the Rabbis

that this is the view of the Rabbis:

He sets them aside

—the animals born in Elul after the twenty-second of Elul and before Rosh HaShana—

for the following year,

and refrains from tithing them until eight days have passed for them and they become fit for sacrifice,

and

then

they are tithed together with those of their year

the year that has passed.

Therefore, our Mishna can be established in accordance with the Rabbis, and it is unnecessary to establish it according to the view of Rabbi Shimon.

The firstborn of an animal that is born should ideally be sacrificed before its first year has elapsed, as it is stated: “Before the Lord your God you shall eat it year by year.”

It is uncertain from when this year is counted for it: whether from the time of its birth, or only from the time when it becomes fit for sacrifice, that is, once it is eight days old.

And Rabbi Hiyya said:

Since we say that an offspring born is counted together with those of the year in which its day of birth falls,

This means

that

even the days during which the firstborn is “lacking time,”

those days too

count toward its year.

Just as all animals born during the year are combined into a single year for the animal tithe, even though they are still “lacking time” with regard to sacrifice, so too, with regard to counting the years of a firstborn, the days during which it is “lacking time” are included in the count of the days of its year.

Rabbi Mana said that Rabbi Yona said: Abba learned it

that even the days during which the firstborn is not yet fit for sacrifice count toward its year—

from this

from this verse:

As it is stated:

“Every firstborn that is born

among your cattle and your flocks, the male,

you shall consecrate

to the Lord.”

And this verse may be challenged:

How is this possible

? How can there be a requirement to consecrate a firstborn to the Lord? A firstborn is already sacred from its mother’s womb!

Rather, certainly the intent of the verse is to teach us

that from the time of its birth you count a year for it.

And when the verse says that the firstborn that is born “you shall consecrate,” its intent is that its sanctity begins from the time it is born, and that from then the first year of its sanctity is counted.

Halakha 2—Mishna:

After the previous Mishna explained the law of the appropriation of the Chamber, in which money from the funds placed in the Chamber was taken and put into collection boxes for the needs of the offerings three times a year, the following Mishna explains how the appropriation was performed:

a.

The Chamber was appropriated using three baskets, each holding three se’a,

for they would remove money from the funds placed in the Chamber and put it into three baskets, each of which held three se’a.

And they wrote on them

on the baskets

aleph, bet, gimel,

in order to know into which basket the money had first been placed, since they would draw from that one first.

Rabbi Yishmael says:

The letters aleph, bet, gimel were not written in the Holy Tongue; rather,

in Greek

they were

written on them,

the letters

alpha, beta, gamma,

since they were accustomed to using the Greek language.

b.

The one who appropriates the funds may not enter

the Chamber of the Shekels to appropriate the Chamber’s funds

wearing a garment with a folded hem

a garment whose lower edge is doubled, in which it is possible to place money inside the fold,

nor wearing a shoe, nor a sandal, nor phylacteries, nor an amulet

placed inside sewn leather, whose stitching he could undo and place money inside, because in all these cases there is reason for concern that people might suspect him of having taken money from the Chamber’s funds and concealed it inside them.

For

perhaps he will become poor, and they will say

that he stole from the appropriation funds,

and

because of the

sin

of stealing

the Chamber’s funds made him poor.

Or perhaps he will become wealthy, and they will say that from the

money

of the Chamber’s appropriation he became wealthy.

A person must be exonerated in the eyes of people

so that they will not suspect him,

just as he must be exonerated

and fulfill his obligation before

the Omnipresent.

And similarly,

as it is stated

concerning the children of Gad and the children of Reuben, when Moses said to them:

“You shall be clear before the Lord and before Israel.”

And

so he

says

in Proverbs:

“And find favor and good understanding in the eyes of God and man.”

Gemara:

We learned there,

in tractate Shabbat:

One may clear

objects on Shabbat from one place to another, even

with four or five baskets,

and we do not prohibit this on the grounds that a person may not perform actions involving exertion on Shabbat, because moving five baskets is not considered exertion.

And concerning this law,

Rabbi Zeira asked Rabbi Yoshaya: What is the measure of these baskets

, such that moving them does not constitute exertion prohibited on Shabbat?