Rambam - 1 Chapter a Day

Sefer HaMitzvot (positive commandment 78) and Sefer HaChinuch (mitzvah 360) include it as one of 613 mitzvot of the Torah.

See Chapter 7, Halachah 5, which emphasizes that the tithes of each year’s animals are calculated independently.

We are translating the Hebrew term tzon. When used in a general sense, that term can refer to both sheep and goats. See Chapter 7, Halachah 4.

There is a difference of opinion concerning this issue in Bechorot 53b. One opinion maintains that this principle does not apply to sacrifices of a lesser degree of holiness, because they are considered as “the property of their owners” and not “the property of the Most High.” Nevertheless, the Rambam follows the view which maintains that the tithes of these animals are not consecrated. The rationale is that Leviticus 27:32 states: “The tenth one will be holy.” Implied is that it is becoming holy through this process and not that it was holy, i.e., consecrated as a sacrifice, beforehand.

There are opinions in Bechorot 53a, which maintain that tithed animals from the Diaspora should not be offered as sacrifices. Instead, like firstborn animals (see Chapter 1, Halachah 5), one should wait until they become blemished and partake of them then. Although the Rambam’s wording could be interpreted as indicating that he subscribes to the other view stated there: that the tithed animals from the Diaspora should be offered as sacrifices, Rav Yosef Corcus maintains that, as in most other situations, the laws that apply to the firstborn apply to the tithe offering and such offerings from the Diaspora should not be offered as sacrifices.

This decree is mentioned in the Talmud, Bechorot 53a.

Literally, the soul being cut off. This involves premature death in this world (before the age of 50, Mo’ed Kattan 28a) and the soul not meriting a portion in the world to come (Hilchot Teshuvah 8:1).

See Hilchot Ma’aseh HaKorbanot 18:1-2.

Although priests and Levites are exempt from the tithing of crops, this leniency does not apply with regard to the tithing of animals. It must be emphasized that the Rambam’s view is not accepted by all authorities. There are some who maintain that the priests and Levites are exempted in this instance as well (see the Mishneh LiMelech and the Minchat Chinuch, mitzvah 360, which discuss this issue). Support for the Rambam’s position can be brought from Shabbat 54b, which states that Rabbi Elazar ben Azariah who was a priest of distinguished lineage separated 12000 calves as tithes from his herds.

See Hilchot Ma’aseh HaKorbanot 5:17-18.

See Hilchot Ma’aseh HaKorbanot 10:5.

Hilchot Korban Pesach 1:6; in contrast, the priests are given the breasts and the foreleg of the peace-offerings.

By its owners, no portion need be given to the priests, nor is there any need to redeem it.

There is no obligation to bring it to Jerusalem. It is, however, considered as a sacrificial animal that has become blemished and it is forbidden to shear or perform work with it.

This applies whether the animal is alive or whether it has been slaughtered (Bechorot 31a). There is, however, a distinction between the two states. When the animal is alive, the prohibition is Scriptural in origin. When it has been slaughtered, the prohibition is Rabbinic (Kessef Mishneh to Halachah 6). Rav Yosef Corcus agrees that this is the implication of the Rambam’s words, but questions the idea, citing sources from which one can infer that the prohibition against selling a living animal designated as a tithe offering applies even when it is blemished.

See Bechorot 32a where this concept is derived from a comparison to dedication offerings (charamim).

This phrase introduces a concept for which the Rambam has no explicit, prior Rabbinic source, but is instead, derived through logical deduction.

The Lechem Mishneh questions the Rambam’s ruling, noting that in Temurah 4b-5a, Ravva maintains that whenever one performs a transaction that violates a Scriptural prohibition, his deeds are not effective and yet, he is liable for lashes, for acting against God’s will. Although in that Talmudic passage, Abbaye differs and questions Ravva’s view, except for several specific instances (ya’al kegam), whenever there is a difference of opinion between Abbaye and Ravva, the halachah follows Ravva. The Lechem Mishneh and others offers possible resolutions to this issue.

See Hilchot Arichin 6:1-4 for a description of these gifts to the priests. Halachah 4 of that source mentions the prohibition against selling the articles dedicated.

See Hilchot Melachim, ch. 8, which explains that soldiers are given permission to be intimate with a female captive only once before she converts. If, afterwards, he does not desire to marry her, he must grant her freedom. He may not treat her as a slave himself, nor sell her to others.

I.e., because of the prohibition against selling such an animal.

See Chapter 1, Halachah 18.

In many instances, our Sages showed extra leniency to prevent orphans from suffering a loss; see Hilchot !shut 18:19, Hilchot Terumot 3:3, Hilchot Mechirah 9:3, et al.

Implied is that if the animal was unblemished, even the sale of these portions of its body is prohibited.

From Tosafot, Bechorot 31b, it would appear that here the reference is to forbidden fats. Permitted fats are considered as part of the animal’s meat.

The Hebrew term giddim used by the Rambam is a general term referring to sinews, nerves, cartilage, and blood vessels.

Bechorot 31a-32b explains that our Sages only enforced their decree with regard to “an entity that would cause an animal to be appraised while alive,” but not with regard to “an entity that would not cause an animal to be appraised while alive.” In other words, an animal is evaluated and sold with the intent of being slaughtered for the sake of its meat. This is an important benefit and therefore, it is with regard to such a matter that our Sages enforced their decree. An animal is not, by contrast, slaughtered for the sake of its hides, fats, et al. Hence, our Sages did not uphold their decree with regard to such matters.

I.e., the hide, the fats, et al, were worth 15 dollars and the meat, 25. One may tell the purchaser: “I am selling you the hide, the fats, and all other parts of the animal for 40 dollars and the meat is given to you as a present.”

Because utensils would be fashioned from them (Bechorot, loc. cit.).

The implication is that including the meat in a collective sale is permitted only when the entities with which it is sold are of value, at least to a certain extent.

Priests who own the animals (Chapter 2, Halachah 17).

This is not permitted with regard to a firstborn animal (Chapter 3, Halachah 1).

This is permitted, because he is not causing a blemish to a consecrated animal. The tithed animal does not become consecrated until it is counted as the tenth (Rav Yosef Corcus).

I.e. since there is a permitted way for a person to slaughter his animals designated as tithe offerings because they are blemished, we assume that a person would rather take that option than transgress and cause a blemish to a consecrated animal or lie about such a blemish.

And thus would have to be tithed by their owners.

Bechorot 57a derives this concept from the exegesis of Exodus 22:28-29: “You shall give Me the firstborn of sons. So shall you do to your oxen and sheep.” Just as children are not bought or received as presents, so too, the oxen and sheep should not be received as presents. Although the verse is referring to the firstborn, our Sages received the tradition that the concept should be applied to the tithes.

But not those born afterwards, as the Rambam proceeds to state.

For the division of the estate is considered equivalent to a sale.

I.e., each partner contributed a certain amount of funds.

Compare to Hilchot Shekalim 3:5. Indeed, the concept stated in this halachah is obvious and seemingly, unnecessary to be stated. Bechorot 56b, the Rambam’s source, mentions it only because of the concept stated in Hilchot Shekalim. Nevertheless, since it is mentioned in the Talmud, the Rambam also mentions it (Rav Yosef Corcus).

Or ten newborn animals, as stated in Halachah 15.

The fact that they were purchased before they were born is of no consequence.

As explained in Hilchot Gezeilah 8:5, when a person steals property from a convert who has no heirs and takes an oath that he did not steal the property, if the convert dies, he is obligated to pay the principal plus an additional fifth to the men of the priestly watch.
This law is mentioned more out of abstract deduction than practical relevance, for such a question would only arise when a person stole so many young sheep that he would have to give ten to each member of the priestly watch.

In which category the return of such stolen property is included, see Hilchot Bikkurim 1:7.

See Hilchot Gezeilah 5:8.

Halachah 10.

See Chapter 7, Halachah 1, for a description of the tithing process.

Animals forbidden to be offered because they were used for sexual relations, they were worshiped or set aside to be worshiped, they killed a human, were given to a prostitute for her fee, or exchanged for a dog (see Hilchot Issurei Mizbeiach 3:11).

Such animals are unfit to be offered on the altar. Using techniques of Biblical exegesis, Bava Kama 110a derives that such animals and those mentioned subsequently should not be counted when tithing one’s herds.

I.e., that have a physical condition that will cause them to die within twelve months. See Hilchot Shechitah, chs. 5-10.

Such animals are also never offered as sacrifices (Hilchot Issurei Mizbeiach, loc. cit.).

An animal before its eighth day of life which is unfit to be offered as a sacrifice (ibid.:4).

I.e., an animal that did not live together with its mother for even the shortest period of time.

As stated in Halachah 10.

At which time they are unfit to be sacrificed and unfit to be tithed, as mentioned in the previous halachah.

From their eighth day of life onward.

See Halachah 12.

See Chapter 8, Halachah 14. Bava Metzia 7a states that it is only when we are certain that an animal is the tenth that it becomes holy.

See the last clause of Halachah 14.