The principle of Ra'uy, as taught by Rava, dictates that if animals were "fit" to be tithed at a certain point, they retain that status even if the actual tithing process is interrupted. For example, if nine animals passed through a gate, and a tenth animal died before passing, the nine are still considered to have been "fit" for tithing because the tenth was "fit" to complete the group of ten. This concept is crucial for understanding various scenarios in tithing animals, known as Ma'aser Behemah.
Let's consider a complex case involving 14 animals. Imagine two gates. Six animals pass through the first gate, and four pass through the second. Four animals remain in the pen. If the remaining four animals then pass through the gate where the six had gone, a total of ten animals have passed through that gate. In this instance, one animal from that group of ten is designated as the Ma'aser, and the remaining nine are exempt from further tithing. The four animals that initially passed through the second gate, however, were never considered Ra'uy because, at that point, only four animals were left in the pen, meaning a maximum of eight could have passed through that gate if the remaining four had joined them. Since eight is not a multiple of ten, these four animals must be returned to the general flock and await a future tithing cycle when they can be combined with six more animals to form a group of ten. They are not exempt.
Conversely, if the four remaining animals had instead passed through the gate where the initial four had gone, the ruling changes. The initial six animals would be exempt due to the principle of Ra'uy. When those six passed through, eight animals remained in the pen (the initial four plus the four that remained). These eight could have potentially combined with the six to form a group of ten, making the six Ra'uy. However, the two groups of four animals (the initial four and the four that followed them) would still be subject to tithing. When the first four passed, they were not Ra'uy, as only eight animals remained in the pen. No tithing occurred for them. Therefore, these eight animals (the two groups of four) must be kept separate and await a future tithing cycle when they can be combined with additional animals to form a group of ten. They cannot simply be slaughtered, as they were subject to tithing at the time of the tithing period, known as Goren.
Another scenario: 14 animals. Four pass through the first gate, then six through the second, leaving four behind. If these remaining four animals pass through the gate where the six had gone, then ten animals have passed through that gate. One is taken as the Ma'aser, and the others are exempt. The initial four animals are also exempt because when they passed, ten animals remained in the pen, making them Ra'uy to be part of a complete group. However, if the remaining four animals passed through the gate where the initial four had gone, then both the initial four and the initial six are exempt due to Ra'uy. When the first four passed, ten animals remained; when the next six passed, four remained. Both were potentially part of a larger group of ten. But the final four animals that passed through the gate of the initial four are subject to tithing, as they were not covered by the Ra'uy status of any group of ten.
A third case: 14 animals. Four pass through one gate, four through another, leaving six behind. If these six then pass through the first gate, a total of ten animals have passed through that gate. One is taken as Ma'aser, and the others are exempt. The initial two groups of four are exempt because the six remaining animals could have joined either group to form a group of ten, making the initial fours Ra'uy. If, however, the six remaining animals split, with three going through one gate and three through the other, then the initial two groups of four are still exempt due to Ra'uy. But the three animals that went through each gate are subject to tithing, as they never formed a group of ten and were not Ra'uy in themselves. They must be added to a future tithing cycle.
The purpose of these intricate cases is to clarify the scope of Minyan Ha-Ra'uy (the count of what is fit). One might think that Minyan Ha-Ra'uy applies only to a definite case, for instance, where nine animals have passed and the tenth is certainly going to pass. But these cases demonstrate that even in a situation of doubt (Safek Minyan Ha-Ra'uy), where it's uncertain which gate the remaining animals will pass through, the principle still applies. This means the original animals can still be exempt from the obligation of tithing.
During the Goren period, all animals in one's flock are subject to tithing. One cannot simply select ten animals to tithe and set aside the rest, even if the remaining number is less than ten. For example, if one has 15 animals, one cannot take ten, tithe one, and declare the remaining five exempt. All 15 animals are subject to tithing. If there are only five animals, one must wait until more animals are acquired to reach a count of ten. The five animals remain subject to tithing and cannot be slaughtered or sold until they are properly tithed or become part of a Ra'uy scenario. This is a Halachah that applies to any animal present during the Goren period.
The Gemara discusses a Braita (an external Mishnaic teaching) that supports this. If one has 15 animals, one cannot separate ten for tithing and declare the remaining five exempt. All must be included in the tithing process. The novelty here is that one might assume that a group of five animals, being less than ten, would not be subject to tithing at all. However, because they were present during the Goren, they are obligated and must be held over until a subsequent Goren when they can be combined with more animals to reach the required number for tithing.
A further question arises from a Braita: If one has 19 animals, one cannot separate ten for tithing and declare the remaining nine exempt. All 19 must be included. This seems to contradict the idea of declaring the nine exempt. Rav Huna bar Sechorah, in the presence of Rava, offers a solution. He explains that this Braita refers to a situation where the pen has two gates. If nine animals pass through one gate, and nine through the other, and the last animal (the 19th) passes through one of them, then the principle of Ra'uy applies. The groups of nine are exempt because the 19th animal could have joined either group to complete a group of ten. Therefore, one animal is taken as Ma'aser from the gate it passed through, and the other nine are exempt. This explanation aligns with Rava's principle of Ra'uy.
The Gemara then asks why Rav Huna didn't offer an alternative explanation: that the owner counted the animals in such a way that he never designated a "tenth" animal. For instance, he might count 1, 2, 3...9, and then start over again, 1, 2, 3...9, never reaching "ten." In this scenario, the 19th animal would effectively be the tenth in a sequence, yet not formally designated as such. However, the Gemara rejects this, stating that the tenth animal is automatically consecrated (Kadosh) regardless of how it is counted. Similarly, counting animals in pairs (e.g., calling every two animals "one") does not circumvent the rule; the tenth animal in the actual count becomes consecrated.
The Mishnah discusses cases of miscounting. If two animals pass through the gate simultaneously, they are counted as two, not one. If one mistakenly counts them as one, the count is thrown off. For example, if the ninth animal in the actual sequence is mistakenly called "nine," and the tenth animal is also mistakenly called "nine" (because the two animals were counted as one at an earlier stage), then the animal that was actually the tenth is consecrated. If the person then calls the eleventh animal "ten," both the actual tenth animal and the eleventh animal become consecrated. The tenth animal is automatically consecrated, and the eleventh animal, having been called "ten," also acquires a certain sanctity. These animals must be left to graze until they acquire a blemish (Mum) before they can be eaten, as they cannot be brought as offerings on the altar (Mizbe'ach).
The Mishnah further elaborates: if one calls the ninth animal "ten," the tenth animal "nine," and the eleventh animal "ten," the actual ninth animal (called "ten") must be left until it acquires a blemish. The actual tenth animal (called "nine") is the true Ma'aser. The actual eleventh animal (called "ten") has the status of a peace offering (Korban Shilamim). This is a unique form of sanctity. Rabbi Meir holds that this eleventh animal is subject to the laws of Temurah, meaning if one attempts to exchange it for another animal, both the original eleventh animal and the exchanged animal become consecrated. The Gemara challenges this, noting that a Temurat Ma'aser (an animal exchanged for a tithed animal) cannot be brought on the Mizbe'ach, whereas the eleventh animal is brought as a Korban Shilamim. The comparison is made to a firstborn animal (Bechor), whose Temurah is also not brought on the Mizbe'ach.
If one calls the ninth, tenth, and eleventh animals all "ten," then only the actual tenth animal is consecrated. The eleventh animal does not acquire sanctity because the actual tenth animal was correctly identified as "ten," thereby preventing the eleventh from acquiring sanctity. The eleventh animal only acquires sanctity if the tenth animal was misidentified.
The Gemara then discusses cases where animals are counted in groups, for instance, counting every two animals as "one" or every hundred animals as "one." The rule remains that the actual tenth animal is consecrated. However, there is a dispute: some say the animal consecrated is the one designated as "ten" according to the owner's count (L'minyan Shelo), while others say it is the actual tenth animal (L'minyan Behemah) regardless of the owner's count. The Gemara concludes that the Mishnah implies that the owner's count can indeed affect the outcome, particularly when the mistake is not deliberate. For instance, if two animals unexpectedly pass through the gate at once, and the owner, confused, counts them as one, his count is taken into account. But if the owner deliberately counts in pairs or hundreds, his intention is disregarded, and the actual tenth animal is consecrated.
The discussion then shifts to the laws of sending away the mother bird (Shiluach HaKan). A male partridge (Korah Zachar) sitting on eggs that are not its own is subject to the obligation of Shiluach HaKan, just like a female bird sitting on its eggs. This is derived through a verbal analogy (Gezeirah Shavah) from the word "digirah" (sitting/squatting) used in both contexts. There is a dispute among the Sages regarding a male partridge: Rabbi Eliezer holds it is obligated, while the Sages exempt it. However, all agree that a female partridge (Korah Nekevah) is obligated. The Mishnah states that the obligation of Shiluach HaKan applies if the mother bird is "hovering" (Rovetzet) over its nest, meaning its wings are touching the nest or eggs. If the wings are not touching, there is no obligation. The obligation also applies even if there is only one chick (Efrach) or one egg (Beitzah). However, if the chicks can already fly (Mafrichim), or the eggs are infertile (Betzim She'einan Ra'uyot), there is no obligation. The word "Rovetzet" implies a connection, not necessarily direct sitting, but at least touching.
Abaye clarifies what constitutes "hovering": if the bird is resting on branches above the nest, and if the branches were removed, the bird would fall onto the nest, that is considered "hovering" and incurs the obligation. If it would fall to the side, it does not. The Gemara initially questions this, as the Mishnah states that if the wings are not touching, it is exempt. This implies that touching is a prerequisite. However, the Gemara resolves this by explaining that the Mishnah's case of "not touching" refers to the bird being completely separate from the nest, whereas Abaye's case of "resting on branches" implies a proximity that is considered a form of "hovering."
Returning to the tithing of animals, the Mishnah states that if one calls the ninth animal "ten," the tenth animal "nine," and the eleventh animal "ten," all three animals become consecrated. The ninth animal, called "ten," becomes consecrated due to the mistake. The tenth animal is automatically the true Ma'aser. The eleventh animal, called "ten," becomes a Korban Shilamim. The source for this is the verse "V'chol Ma'aser Bakar V'tzon... Ha'asiri Yihyeh Kodesh" (And every tithe of cattle and flock... the tenth shall be holy), implying that any animal designated as "tenth" can acquire sanctity. This sanctity, however, is limited to animals "close" (Samuch) to the actual tenth, meaning the ninth and eleventh. The eighth and twelfth animals, for example, would not acquire sanctity through misidentification.
A Braita challenges this, stating that just as only the tenth animal is uniquely holy, so too, when a mistake is made, only one animal should become consecrated, not two or three. Rabbi Yochanan explains that this Braita reflects the opinion of Rabbi Eliezer, who holds that the eleventh animal only becomes consecrated if the owner explicitly "uprooted" (Akar) the sanctity from the tenth by calling it "nine." If the owner called the ninth "ten" and the tenth was correctly called "ten," then only the ninth and tenth are consecrated, not the eleventh. Rabbi Eliezer's logic is that the sanctity of a mistaken tithe is like Temurah, and one cannot perform Temurah twice; it can only transfer sanctity once.
The Gemara then introduces a new set of cases involving two animals emerging simultaneously from the gate. If two animals emerge at the ninth slot, and the owner calls them "nine," then the tenth animal (which emerged with the ninth) is automatically consecrated, and the ninth animal (which was called "nine") is also considered. Since there is a doubt as to which is the true Ma'aser and which is a regular animal, both are treated with the stringencies of Ma'aser and must be left to acquire a blemish before consumption. If two animals emerge at the ninth slot and the owner calls them "ten," then both are treated as if they acquired sanctity. Again, they must be left to acquire a blemish. This is because the tenth is automatically consecrated, and the ninth, having been called "ten," also acquires sanctity.
If two animals emerge at the tenth slot (meaning the tenth and eleventh animals emerge together), and the owner calls them "ten," then both the tenth and eleventh animals are considered consecrated. The tenth is the true Ma'aser, and the eleventh acquires the status of a Korban Shilamim. Since they are mixed, they cannot be brought on the Mizbe'ach and must be left to acquire a blemish. The Gemara asks why the eleventh animal would acquire sanctity here, given that it generally only does so if the tenth animal was misidentified. The answer is that when animals emerge simultaneously, the requirement for "uprooting" the sanctity from the tenth (Akira) does not apply. Both acquire sanctity because they came out together. This is a novel ruling (Chiddush) that the Mishnah teaches through these specific cases, highlighting that simultaneous emergence bypasses the need for Akira for the eleventh animal to become consecrated.