The Tithe of the Herd

Positive Commandment 78

By Rabbi Moshe ben Maimon ("Maimonides"); translated by Berel Bell

And the 78th mitzvah is that we are commanded to separate a tithe from all the kosher animals1 which are born to us each year.2 We must sacrifice their fat and blood, and eat the remainder in Jerusalem.

The source of this commandment is G‑d's statement3 (exalted be He), "All tithes of the herds and flocks that are counted under the rod; every tenth one shall be consecrated to G‑d." This is known as the tithe of animals [ma'aser beheimah].

The details of this mitzvah are explained in the last chapter of Bechoros.4

It is explained there that this commandment applies even outside Israel and even when the Temple is no longer standing. This is by Torah law, but by Rabbinic decree our Sages said, "It only applies when the Temple is standing," because, since we have no Temple, someone might come to eat it even though it has no blemish.5 When the Temple will be built, it will apply both in Israel and outside Israel.

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Positive Commandment 77

Positive Commandment 79

Footnotes

I.e., cattle, sheep and goats.

Before Rosh Hashanah, one collects all the animals born that year, and separates one from every ten.

Lev. 27:32.

53a.

When the Temple was standing, the unblemished animal could be brought as a sacrifice, with the meat consumed by the owner. Without a Temple, once the animal is consecrated by being, "counted under the rod," nothing may be done with it unless it becomes blemished. In order to avoid it being eaten accidentally, our Sages prohibited it from being consecrated in the first place.

Rabbi Berel Bell is a well-known educator, author and lecturer. He and his family reside in Montreal, Canada.

From "Sefer Hamitzvot in English," published by Sichos in English.

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