Positive Commandment 78 (Digest)
The Tithe of the Herd
"And all the tithe of the cattle and livestock, the tenth shall be holy to G‑d"—Leviticus 27:32.
We are commanded to separate a tenth of the kosher cattle and livestock born to us each year. Their blood and fats are sprinkled and offered on the altar, and the rest of the flesh is consumed in Jerusalem by the animals' owners.
According to biblical law, this mitzvah applies both in the land of Israel and outside of it, whether the Temple is standing or not [i.e., we are commanded to separate and sanctify the animals even though we cannot sacrifice them]. The Rabbis, however, instituted that we not perform this mitzvah when the Temple is not standing in Jerusalem—for fear lest someone consume the sanctified animal (before it becomes blemished and technically unfit for sacrifice).
When the Temple will be rebuilt, however, this mitzvah will be practiced in all locations.
Unabridged English Text of this Mitzvah »
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> And the 78th mitzvah is that we are commanded to separate a tithe from all the kosher animals;) which are born to us each year.;) We must sacrifice their fat and blood, and eat the remainder in Jerusalem.
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> The source of this commandment is G‑d's statement;) (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].
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> The details of this mitzvah are explained in the last chapter of Bechoros.;)
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> 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.;) When the Temple will be built, it will apply both in Israel and outside Israel.
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> Footnotes
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> I.e., cattle, sheep and goats.
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> 2.
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> Before Rosh Hashanah, one collects all the animals born that year, and separates one from every ten.
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> Lev. 27:32.
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> 53a.
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> 5.
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> 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.