The Laws of Animal Tithes and Annual Boundaries

How the Gemara and Rambam define the animal tithe, why it was suspended nowadays, and which animals combine in the count.

Suspension of Animal Tithes Nowadays

The Torah commands an owner to pass newborn livestock beneath a rod and sanctify every tenth animal. The Mishnah teaches that this obligation biblically applies both in Eretz Yisrael and in the diaspora, during the Temple era and after its destruction.

The Gemara challenges this: if the law applies at all times, why do we not tithe animals nowadays? Rabba explains that the practice was rabbinically suspended due to fear of a תקלה (stumbling block). Because no Temple stands, the sanctified animal cannot be offered upon the altar, creating an imminent danger that people might shear, work, or slaughter it outside the courtyard, which incurs כרת (spiritual excision).

Rambam codifies that the biblical requirement remains intact, but our Sages forbade it nowadays to prevent inadvertent sin. The Shulchan Arukh and Rema do not codify these laws, as their texts are not supplied in the available database for this passage.

אֲבָל חֲכָמִים אָסְרוּ לְעַשֵּׂר בְּהֵמָה בַּזְּמַן הַזֶּה וְתִקְּנוּ שֶׁאֵין מְעַשְּׂרִין אֶלָּא בִּפְנֵי הַבַּיִת גְּזֵרָה שֶׁמָּא יֹאכְלֵהוּ תָּמִים

Nevertheless, our Sages forbade tithing animals in the present era and ordained that they should be tithed only when the Temple is standing. This is a decree, lest the consecrated animal be eaten when it is unblemished. (Mishneh Torah, Firstlings 6:2)

Sanctity of Animals Tithed Today

The Gemara investigates what occurs if an owner ignores the rabbinic decree and separates an animal tithe in our era. It establishes that the animal becomes fully consecrated, yet it cannot be sacrificed without an altar.

Rambam rules that if one transgressed and tithed in the present era, the designation takes effect. The animal may be eaten only with a blemish, meaning the owner must wait until it naturally incurs a permanent defect before slaughtering it.

Until it contracts a blemish, the animal maintains sacred status, and the owner is strictly forbidden to shear or work with it. Neither the Shulchan Arukh nor the Rema addresses this case, as their texts are not supplied in the available records.

Tithing Across Different Species

The Mishnah examines whether different species can join together to reach the required quota of ten newborn animals. It rules that animals from the herd, namely בקר (cattle), cannot be counted alongside flock animals, namely צאן (sheep and goats).

The Gemara raises an objection: sheep and goats cannot interbreed due to the biblical prohibition of כלאים (diverse kinds), yet they are tithed together. The Gemara resolves this by pointing out that Scripture explicitly uses the inclusive term צאן, teaching that sheep and goats tithe together.

Rambam rules that one may never tithe sheep for cattle or cattle for sheep. However, sheep and goats combine into one flock, because Scripture refers to both by the shared title שה (seh - flock animal). Shulchan Arukh is not supplied for this passage.

אֵין מְעַשְּׂרִין מִן הַצֹּאן עַל הַבָּקָר וְלֹא מִן הַבָּקָר עַל הַצֹּאן. אֲבָל מְעַשְּׂרִין מִן הַכְּבָשִׂים עַל הָעִזִּים וּמִן הָעִזִּים עַל הַכְּבָשִׂים.

Tithes are not taken from sheep for cattle, nor from cattle for sheep. One must, however, tithe sheep for goats and goats for sheep. (Mishneh Torah, Firstlings 7:4)

Animals Born in Different Years

The Gemara considers whether animals born across two different calendar years can be tithed together. The Torah demands that animal tithes must be separated year by year, juxtaposing them to agricultural tithes.

Because of this scriptural juxtaposition, animals born before the cutoff date cannot exempt animals born afterward. The owner must carefully separate each annual cohort into a distinct corral for counting.

Rambam codifies this prohibition against mixing animals of different years. He adds a ruling: if one tithed across calendar years, bedi'avad the consecration takes effect due to the severity of consecrated animals. The Shulchan Arukh and Rema do not codify these laws, as their texts are not supplied in this passage.

While animal tithe biblically applies at all times, the Sages suspended it nowadays to prevent severe sacrificial violations.

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