intended to increase the knowledge, interest, and anticipation of the reader, thereby hastening the realization of our hopes and prayers for the rebuilding of Jerusalem and the Beit HaMikdash. Ma'aser Beheima - Animal Tithes Quoting the Mishna (Note Bechorot 9:7), the Rambam explains, "He - the farmer - gathers all the newborn kids or calves (but not together) into an enclosed area and he makes for them a small opening so two animals cannot go out simultaneously." It was essential for correct Ma'aser procedure that the animals leave the enclosure voluntarily because the pasuk says, "whatsoever passes under the staff…" i.e. the animal must "pass under the staff" on its own volition. For this reason, the farmer positioned the newborn's mothers outside the enclosure and, since they were separated from their young, they would begin to low (or bleat). Upon hearing their mother's cries, the newborn animals, one at a time, would exit the enclosure to join them. The Rambam continues, "As the new born animals left the enclosure, the farmer would count them using his staff, 'one, two, three, four, five, six, seven, eight, nine. When the tenth animal emerged, whether it was male or female, perfect or blemished, the farmer would mark it with red paint so it would be recognizable later. Then he would proclaim, 'Behold, this (animal) is Ma'aser.' But if he did not especially mark the tenth, or did not use his staff to count them, or counted them when they were crouching or standing (and not walking), they are still considered tithed." On the other hand, "If he had one hundred animals and he took ten (without counting them one by one) or if he had ten and he simply chose one (without counting), these animals are not considered Ma'aser." In the time of the Beit HaMikdash, the farmer brought his Ma'aser Beheima to Jerusalem and offered them as Korbanot. "Ma'aser Beheima are Kodashim Kalim, sacrifices of a lower level of sanctity, …and are slaughtered anywhere in the Azara. Their blood requires one sprinkling, provided it is done against the base of the altar." The Emurim, the fatty innards, were burnt on the altar, but the sacrificial meat was given to the Ba'al HaKorban, who, with his family and friends, ate it "in any part of the city (of Jerusalem), prepared in any manner, during two days and (the intervening) night" in a state of ritual purity. Unlike most other Korbanot, the Kohanim had no share in Ma'aser Beheima. If the animal had a blemish, it was not sacrificed; it could be eaten in impurity outside of Jerusalem. The Mishna states, "There are four New Years… the New Year for Ma'aser Beheima... is on the 1st of Elul (other opinion: 1 Tishrei)." (Rosh HaShana 1:1). Animals born one year were not permitted to be mixed with those born the next in the taking of Ma'aser Beheima. 1 Elul or 1 Tishrei was the line between the previous year and the new year. What happened if a farmer had a number of herds or flocks in different locations? The Rambam answers, "A man does not have to combine all his newborn animals from his various herds into one enclosed area for the purpose of tithing; he may tithe each herd separately in its own place. If he had five lambs in Jerusalem and five in Acre, they do not have to be joined together for the purpose of taking Ma'aser; since he did not have tat least ten in one place, he was exempt from the mitzva. But what is the minimum distance between herds that allows them to be kept apart and not combined for the purpose of Ma'aser Beheima? Sixteen Mil" - roughly 16 km. (Usually, but there are exceptions.) The Mishna notes, "The Mitzva of Ma'aser Beheima is observed in Eretz Yisrael and abroad, whether the Beit HaMikdash is standing or not." The Mitzva applies to the flocks and herds of Israelite men and women, Kohanim and Leviyim. The Sifra comments, "'…it may not be redeemed.' Ma'aser Beheima may not be sold, not alive nor slaughtered. It may not be sold whether it is 'perfect' and suitable for sacrifice, or blemished and not suitable for sacrifice." The Sefer HaChinuch (Mitzvah 361) examines the enormous potential advantages of the observance of the Halacha of Ma'aser Beheima on K'lal Yisrael. The Chinuch writes, "People are drawn to where their money is. Therefore they will ascend to Jerusalem, the place of wisdom and the seat of the Sanhedrin - the center of wisdom and discernment - to learn Torah. There they will eat their yearly Ma'aser Beheima and, four years out of seven, their Ma'aser Sheini ("second tithe" - also eaten only in Jerusalem). If the Ba'al Mamon does not go up to Jerusalem himself to learn Torah, he will send one of his childen to study there and (the son can) be sustained by the Ma'aser Beheima, etc. which can only be eaten there. That way, eventually every house in Israel will have knowledgeable sons steeped in Torah who can educate the members of their family, and eventually, the entire land will be filled with the knowledge of Hashem. If every family has a "live-in" teacher who can admonish them, every evening, morning, and afternoon, then everyone, men, women and children alike, will learn Torah. As a result, sin and transgression will not be found in Israel. And what is written, 'I shall place My sanctuary among you' and 'You will be unto Me a people, and I will be to you a G-d' will apply to them…" Today, the Mitzva of Ma'aser Beheima is not allowed to be observed, by rabbinic decree. The Rambam, basing himself on the Gemara writes, "The Sages have forbidden tithing newborn animals in our time; the law of Ma'aser Beheima is “practical” only when the Beit HaMikdash is standing. The rabbinic ban exists lest one slaughter and eat a perfect animal which could have been sacrificed in the days of the Beit HaMikdash. The sinner then would be deserving of the punishment of Kareit because he slaughtered a sacrificial animal outside of the Azara." Teferet Yisrael adds that one may also "come to commit an offense" by shearing and using the tithed animal's wool or using it for work - also forbidden acts. The Sages are able to "neutralize" a Mitzvat Asei, a positive commandment, because of the principle of Sheiv Ve'al Ta'aseh (lit. "sit and do nothing"). The Sages have the authority to "uproot" or nullify the observance of a Mitzvat Asei if its continued observance can lead to the violation of other Halachot. Perhaps the most famous example of Sheiv Ve'al Ta'aseh is the rabbinic prohibition against sounding the Shofar when Rosh HaShana falls on Shabbat. What the Sages did is effectively contravene a Mitzvat Asei from the Torah! The Sages were apprehensive that the Shofar might be carried from Reshut to Reshut on Shabbat - a very serious transgression. Anticipating this possibility, they ordained that the Shofar should not be sounded on Shabbat. Catriel Sugarman gives illustrated lectures on the Beit Hamikdash and related topics. He can be reached at (02) 652-7531 or by email at acatriel@netvision.net.il. Catriel is in the process of writing a book entitled: The Temple of Jerusalem, A Pilgrim's Perspective: A Guided Tour through the Temple and the Divine Service. [The
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