י"ד סיון תשע“ט Monday, June 17 2019

ס“א בכורות OVERVIEW of the Daf Distinctive INSIGHT 1) Miscounting (cont.) An agent who acts contrary to the interests of the owner דאמר ליה לתקוני שדרתיך ולא לעוותי The finishes reconciling the contradictory Baraisos related to the halacha when two animals exit the pen and are pronounced as “tenth.” T he Gemara discusses the designation of ma’aser by The Gemara challenges the implication that according an agent who makes an error. R’ Pappi says that if the to R’ Yehudah the temurah of a ma’aser is left to die. agent counts the ninth as “ten,” the animal is consecrat- Since this challenge was refuted the Gemara suggests ed, as the (60a) ruled. The owner does not lose an alternative explanation of the latter Baraisa. by this mistake, as the owner may still eat the animal, alt- This explanation is unsuccessfully challenged. hough he must wait until it develops a blemish before partaking of it. 2) An agent who miscounts If the agent calls the eleventh animal by the number R’ Pappi and R’ Pappa disagree what happens when an “ten,” his designation has no meaning, and the animal agent sent to tithe animals miscounts. may be eaten. If it were to be sanctified, it would have R’ Pappa’s position that if the agent miscounts the ani- the status of a shelamim, and this would cause the owner mals do not become sanctified is unsuccessfully chal- to have to forfeit the meat gifts of the (the chest lenged.  and hind leg). It is understood that the owner did not send the agent to act in a manner which is detrimental to הדרן עלך מעשר בהמה וסליקא לה מסכת בכורות him.    R’ Pappa disagrees with R’ Pappi. He contends that the agent’s designating the ninth as “ten” is also meaning- less. Even though this only results in the animal’s being REVIEW and Remember allowed to be eaten after developing a blemish, this is 1. What is done with the temurah of a ma’aser animal? enough of a limitation whereby the owner would feel that ______the agent has caused him harm. 2. Is there a difference between an eleventh animal mis- Sefer Reishis offers various explanations of numbered “tenth” and a Shelamim? the disagreement between R’ Pappi and R’ Pappa. R’ Pap- ______pi holds that an agent’s actions are invalid when he acts 3. Who is the author of anonymous Baraisos in the against the owner’s interests, but this is only when the Sifra? owner’s own mistaken actions would have been ineffective. ______However, in this case, the actions of the owner himself 4. What is the point of dispute between R’ Pappa and would have been valid if he would have miscounted the R’ Pappi? ninth animal as “ten”. Therefore, the agent’s actions are ______valid. R’ Pappa holds that although the recognizes validity in this miscount, in this situation the agent erred in that he also called the tenth animal to be number ten. His mission is therefore cancelled, and none of his actions HALACHAH Highlight is valid. Tithing animals nowadays Alternatively, R’ Pappi holds like Rav Nachman in במעשר בזמן הזה עסקינן ומשום תקלה Nazir (32a) who says that a miscount only results in some We are addressing Ma’aser in our times and the concern is for a degree of consecration when it is done unintentionally. transgression However, if the owner intentionally called the ninth ani- R ashi 1 explains that R’ Shimon bar Abba disagrees mal “number ten,” the numbering has no effect to conse- with R’ Huna’s earlier explanation (53a). R’ Shimon bar crate the ninth animal out of the corral. Therefore, when Abba explains that nowadays we do not tithe animals out an agent makes an error, his mission is not cancelled, be- cause the Torah recognizes mistakes as having some valid- (Continued on page 2) Continued on page 2) בכורות ס“א—Number 2511

(Halacha Highlight...Continued from page 1) (Insight...continued from page 1) of concern that one may shear or work the tithed animal. ity in this regard. Therefore, R’ Pappi holds that this is R’ Huna explains the reason we do not tithe animals nowa- true even if there is a double error, where the ninth was days is concern that one may erroneously place an orphaned called “ten,” and it was done by an agent who was in- animal that is not subject to the of tithing together structed to perform properly; the designation is still valid. with other animals in his pen to be tithed. Rashi further R’ Pappa holds like R’ Chisda who says that calling explains that, according to R’ Huna, even if one tithed his the ninth as “ten” is meaningful even when done on pur- animals nowadays he is not obligated to treat the tenth ani- pose. This halacha only applies within the guidelines of 2 mal with the sanctity of ma’aser. Tosafos disagrees and the verse, when the count is reasonable (number nine or if one tithed his animals in violation eleven). Here, where the agent called the ninth and , בדיעבד contends that of the halacha the animal, becomes sanctified. The Gemara tenth “number ten,” his act is not valid.  earlier refuted this explanation since the rationale behind this injunction applies even while the Beis HaMikdash is in flock it is considered as though he purchased those animals existence. Nevertheless, it seems from Rashi’s comment and there is no obligation to tithe purchased animals. To- that although the Gemara felt that it refuted R’ Huna’s ex- safos, on the other hand, maintains that “hefker beis din planation, R’ Huna himself did not retract his position and hefker” – beis din’s declaration that a person’s possessions maintains that it was not such a concern during the time of are ownerless – is effective only if the property is actually the Beis HaMikdash since people were more knowledgeable removed from the owner’s physical property. In this case in the halachos related to korbanos and this minimized the since the animals never physically left the owner’s property concern 3. he never lost ownership of those animals and as such they Maharit Algazi 4 suggests that Rashi understands that can still be effectively tithed in violation of the injunction  .the tithed against tithing animals בדיעבד according to R’ Huna the reason why even .1 רש"י ד"ה בזמן. animal is not sanctified is that Chazal uprooted the mitzvah .2 תוס' ד"ה במעשר. of tithing animals altogether. This was done by removing .3 הערות במסכת בכורות ד"ה רש"י ד"ה בזמן הזה. .4 מהרי"ט אלגאזי קהלת יעקב סי' נ"ט.  .the ownership of the flock from the owner temporarily When the owner subsequently takes back possession of his been murdered. kedoshim when he spotted an unusual STORIES Off the Daf One successful businessman was name: he saw the plaque erected so devastated when he realized that he many years before by the nephew of The Mistaken Messenger would likely never hear from his uncle the murdered man. "What a coinci- again. Witnesses had confirmed that dence," he told himself. Suddenly, he הכא טעותא היא his uncle had been in the worst of the was taken aback when he realized that T oday's daf discusses a messenger concentration camps, one from which the plaque was probably meant for his who erred. survivors were few. After hearing no father, since his father and his grandfa- was one of the sem- news other than that for more than a ther's names were just too unusual a inal traumas of . Abso- year after liberation, the nephew felt combination to come across by chance. lute annihilation was the goal of our that it was clear what his uncle's fate Although his father had been caught in enemies and their "thousand year had been. He felt a longing to memori- the Holocaust he had survived due to Reich." While European Jewry was be- alize his murdered relative's name, so amazing miracles, but after the war he ing murdered en masse, most in he went into his shul and paid a hand- had never succeeded at finding any other countries were unaware of the some sum for the privilege of having family. extent of the destruction; it was only his uncle's rather unusual name etched The son made inquiries and con- afterward that people began to gain a on a memorial plaque in a prominent firmed that the plaque had indeed sense of the enormity of what had hap- place in the shul. been put up in memory of his father pened. By the time a year or two had Thirty years passed and a stranger and the two families were united. 1  .1 כן שמעתי  passed after the war, it was assumed visited this very same . He that any relatives not yet located had was looking at the plaques for the

Daf Digest is published by the Chicago Center for Torah and Chesed, under the leadership of HaRav Yehoshua Eichenstein, shlit”a HaRav Pinchas Eichenstein, Nasi; HoRav Zalmen L. Eichenstein, Rov ; Tzvi Bider, Executive Director, edited by Rabbi Ben-Zion Rand. Daf Yomi Digest has been made possible through the generosity of Mr. & Mrs. Dennis Ruben.