Pisqa’ 77¹

1

“But your consecrated offerings that you shall have

—and your Vow-offerings—

you shall take up and bring to the place which HASHEM shall choose” (Dt.12:26).

What topic is the verse addressing?

If [at issue are consecrated] offerings from the Land,

hasn’t this already been discussed (e.g., Dt.12:5-6)?²

Rather, [it must be speaking about]

consecrated offerings from beyond the Land.

[The clause] you shall take up and bring

holds [the owner] liable

for the [expense of] care and transport

until the [he] brings [the offerings] to the Chosen Abode.

2

R. Judah says:

[If consecrated offerings from beyond the land

suffer a blemish or become lost],

he is held liable for replacing them

until reaching the Uncovered Well.³

From the Uncovered Well and onward

he is not held liable for replacing them.⁴

Is it possible to say that

[this requirement to replace a blemished offering applies]

even to Firstlings and the Cattle-tithe?

The Teaching states:

“And your Vow-offerings” (Dt.12:26)!

[This verse refers specifically] to consecrated offerings

brought [in satisfaction] of vows and voluntary donations.

Excluded from liability [for replacement]

are Firstlings and the Cattle-tithe,

for they are not brought

in satisfaction of vows and voluntary donations.

Is it possible for me

to exclude [from liability]

the Purification-offering and the Guilt-offering?

The Teaching states:

“Your consecrated offerings” (Dt.12:26).

What inspired you to include

the Purification-offering and the Guilt-offering,

but to exclude the Firstling and the Cattle-tithe?

[The verse itself suggests this,]

for after an inclusive expression

[regarding obligatory consecrated offerings],

it offers a restriction

[regarding optional offerings, such as vows].

[Therefore,] I can include

the Purification-offering and the Guilt-offering.

For, [if disqualified by a blemish],

they have a remedy⁵ where they live.⁶

But I can exclude the Firstling and the Cattle-tithe,

for, [if disqualified by a blemish],

their remedy is available anywhere.⁷

3

R. Akiva says:

The verse [Dt.12:26] addresses the transfer of consecration

[from one sacrificial animal to its substitute].

“You shall take up and bring to the place” (Dt.12:26).

Is it possible to say that

[the transfer of consecration]

applies even to Firstlings and the Cattle-tithe?

The Teaching states:

“And your Vow-offerings” (Dt.12:26)—

[excluding the Firstling and the Cattle-tithe,

neither of which is brought in satisfaction of a vow].

Is it possible to say that

the Cattle-tithe may be donated in joint-ownership?

The Teaching states:

“That you shall have” (Dt.12:26)—

[you in the singular (lekhah) teaches that

the Cattle-tithe is not offered jointly].

Is it possible for me

to exclude from liability

brothers who acquired [a herd] from

the liquidation of their common household,

and afterward divided it?⁸

The Teaching states:

“That you shall have” (Dt.12:26)—

[since the property was at one point jointly owned],

the brothers’ herd is exempt from tithing.

[Shimon] b. Azzai says:

Is it possible to say that

the Cattle-tithe should be offered

from the inheritance of an fatherless?⁹

The Teaching states:

“But” (Dt.12:26)—

[the exclusionary clause indicating that the estate of fatherlesss

is not attached to pay the Cattle-tithe].

1. H:131-132;JN1:221-222.
2. The verse specifies Holocaust-offerings, tithes, and other offerings which must be brought from the Land.
3. Hebrew: be’er/bor hagolah, referring to a reservoir in the Court of the Abode. H:132, followed by JN1:221, renders “Cistern of the Diaspora.” Albeck (commentary on M. Mid.5:4 and M. Eruv.10:14), argues that the name refers to the water wheel, (galgal) that lifted water from the well. See also F:142. n.18. who follows Ish-Shalom ad loc. in anchoring the term in Josh. 15:19’s reference to “a spring of water” (gulot mayim).
4. =T. Bik.1:5.
5. Heb: parnasah; literally “a livelihood.” In this context the blemished animals are spared a slow death by starvation, since they can be redeemed and slaughtered for food.
6. That is, in the Land, where alone, they can be slaughtered as common food, after being replaced by another animal destined for the altar.
7. //M. Tem.3:5. See also T. Men.9:1. Even beyond the Land, the blemished Firstling and Cattle-tithe may be slaughtered for common meat. See comments of H:427, n.4 (Pisqa’ 77) and F:143, ns. 3 and 5.
8. //M. Bekh.9:3.
9. Cf. Mechilta Ishmael, piskha’, 18.