The Eddie B. Sit Edition presents an audio series of the Talmud Bavli. Today, we delve into Gemara Bechoros daf nun vav, studying in memory of lilui nishmat Avraham ben Esther, Rabbi Moshe ben Nuna, Ruach Hashem tenichem b'gan eden. We begin our exploration on nun hey amud bet with the Mishnah: "If one buys an animal or receives it as a gift, they are exempt from ma'aser behemah." This establishes that if an animal is purchased or gifted, it is not subject to the tithing of animals.
The Gemara asks, "How do we know this?" Rav Kahana explains that it is derived from the verse: "You shall give Me the firstborn of your sons; so shall you do to your oxen and your sheep." The initial part of the verse discusses the firstborn of a person, specifically in the context of pidyon (redemption), while the latter part instructs the same treatment for one's animals. The Gemara clarifies that just as one does not purchase or receive a son as a gift, the same applies to one's animals; thus, they are exempt from ma'aser when acquired in such a manner.
However, the Gemara questions this interpretation, noting that the verse pertains to the firstborn and not directly to ma'aser. It states: "If there is no action required for the firstborn of an animal, then the verse must indeed relate to ma'aser behemah." The Gemara considers whether this could instead refer to korbanot (sacrifices), questioning if an animal bought or gifted could be designated as a chatat (sin offering) or asham (guilt offering). The logic follows that just as a son cannot be bought or gifted, so too, animals should not be eligible for these types of offerings if acquired in such a manner.
The discussion continues, exploring the possibility of the verse relating to other types of offerings, such as olah (burnt offering) or shlamim (peace offerings). The Gemara concludes that since these offerings are typically associated with vows or donations, they do not align with the nature of the firstborn, which does not arise from such circumstances. Hence, the verse must be addressing ma'aser behemah specifically.
Next, the Gemara examines the implications of acquiring animals that are still in the womb. It notes that if one buys a pregnant animal, the offspring born are indeed subject to ma'aser. This leads to a deeper inquiry about the timing of when the obligation of ma'aser begins, concluding that it only applies after the animal is born and viable for tithing.
The Gemara then revisits the principles surrounding the acquisition of animals and the laws of ma'aser, establishing that the exemption applies only when the animal is already viable for tithing. If the animal is still in the womb, the obligation does not yet exist, and thus the acquisition does not trigger the laws of ma'aser.
In a subsequent analysis, the Gemara explores the concept of ethnan zonah, the payment given to a prostitute for services rendered, which cannot be used for offerings. The Gemara seeks to find an example where such a payment could be included among the ten animals designated for ma'aser. It concludes that if the animal was given to the prostitute and then subsequently bought back, it remains exempt due to the initial transaction.
This leads to a discussion about the nature of the zonah and the implications of her being Jewish or not. The Gemara asserts that if the payment is made to a Jewish zonah, it does not constitute ethnan, and thus the animal can be offered. In contrast, animals received from a non-Jewish zonah are deemed ethnan and cannot be offered.
The Gemara further elaborates on the halachic distinctions between different types of partnerships, specifically addressing how the division of inheritance affects obligations regarding ma'aser and kalbon (an additional charge for currency exchange). It clarifies that partners are exempt from ma'aser while they remain in partnership but are liable for kalbon when they give as partners.
Ultimately, the Gemara concludes that the halachic principles governing these transactions are nuanced and require careful consideration of the specific circumstances surrounding each case. The ongoing dialogue serves to clarify the complexities of Jewish law as they relate to ownership, obligations, and the nature of transactions within the framework of ma'aser and korbanot.