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Machloket · Bekhorot 21 · בכורות כ״א
Tithing an Animal Under Eight Days Old
The Tannaim debate whether an animal under eight days old may enter the pen to be tithed, revealing two models of animal sanctity.
Tithing an Underage Animal
The Torah commands an owner of kosher livestock to tithe his newborn animals (ma'aser behema). He passes the flock through an opening in a pen, marking every tenth animal as sacred to God. However, biblical law mandates that an animal is unfit for the altar during its first seven days of life.
Such an animal is termed mechusar zeman (lacking its proper time). The Gemara asks: if an animal was born during the tithe year but is younger than eight days, may it enter the pen to be tithed?
Rabbi Shimon's Derivation from Bekhor
Rabbi Shimon holds that an underage animal enters the pen and is tithed. Although it cannot be sacrificed on the altar immediately, its sanctity takes effect upon it right away, and it is offered once it reaches eight days.
He derives this rule from the firstborn (bekhor). A firstborn is imbued with sanctity from the womb, even before its eighth day, yet it is sacrificed only after reaching eight days. Tithe behaves the same way: it becomes holy before its time and is offered after its time.
מְחוּסַּר זְמַן נִכְנָס לַדִּיר לְהִתְעַשֵּׂר, וַהֲרֵי הֵן כִּבְכוֹר — מָה בְּכוֹר קָדוֹשׁ לִפְנֵי זְמַנּוֹ וְקָרֵב לְאַחַר זְמַנּוֹAn animal whose time has not yet arrived enters the pen to be tithed. And these animals are like a firstborn: Just as a firstborn is consecrated before its time and is sacrificed after its time... (Bekhorot 21b:1)
Firstborn Versus Sacrificial Animals
The Gemara challenges Rabbi Shimon: why derive the rule of animal tithes from a firstborn? It seems more logical to derive tithe from ordinary sacrificial offerings (kodashim), which cannot be consecrated while underage.
The Gemara weighs multiple parallels on both sides. A firstborn and tithed animal share unique leniencies: neither can be redeemed, both become holy even if blemished, and their substitutes cannot be offered. Conversely, tithed and sacrificial animals share procedural features: both include females, require active human sanctification, and are not gifts given exclusively to the priest.
Ultimately, Rabbi Shimon does not rely on general logic. He bases his ruling on an explicit verbal analogy (gezeirah shavah), linking the word ha'avarah ("passing") in the verse for firstborn to the same word used for animal tithes: derived via a verbal analogy.
אֶלָּא רַבִּי שִׁמְעוֹן ״הַעֲבָרָה״ ״הַעֲבָרָה״ גְּמִיר.Rather, Rabbi Shimon derives the halakha from a verbal analogy between the term 'passing' and 'passing.' (Bekhorot 21b:3)
The View of the Sages
The first tanna of the baraita (representing the Chachamim, the Sages) rejects Rabbi Shimon's ruling. In the Sages' view, an animal younger than eight days cannot enter the pen.
The Sages reason that tithing requires an animal that is presently fit for sacrifice. An animal disqualified from the altar on the day of tithing cannot be counted in the chute.
לתנא קמא אין נכנסין לר' שמעון נכנסותAccording to the first tanna they do not enter; according to Rabbi Shimon they enter. (Rabbeinu Gershom on Bekhorot 21b:1)
Underage Sanctity on Sacrifices
The commentators examine what happens if an owner consecrates an ordinary sacrificial animal before its eighth day. Rashi explains that consecration does not take effect at all, even after the fact (bedi'avad). Scripture states that only from the eighth day onward is an animal accepted, teaching that no sanctity takes effect beforehand.
Tosafot disagrees with Rashi's reading. According to Tosafot, consecrating an underage animal is forbidden ab initio (lechatchilah), but if one consecrated it anyway, sanctity takes effect bedi'avad.
שאין יכול להקדישן מחוסר זמן שאין קדושה חלה עליהן כדאמרינן בתורת כהניםWhich one cannot consecrate when they are an animal whose time has not yet arrived, as sanctity does not take effect upon them, as we say in Torat Kohanim. (Rashi on Bekhorot 21b:2:1)
Halakhic Conclusion
The halakha follows the majority of Sages against Rabbi Shimon. An animal that has not yet reached eight days of life does not enter the chute for animal tithes.
While Rabbi Shimon allows an animal under eight days old to enter the tithe pen like a firstborn, the halakha follows the Sages that an animal unfit for the altar cannot be tithed.