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Talmud-Horayot
 
Summary:

(5733) Siyum Tractate Bechorot (and Horayot) - Debate between R' Meir and R' Yehudah in the sanctity of the eleventh that one called the tenth.  

 

Translation:

 Bechorot 61a:

Mishnah:
IF HE CALLED THE NINTH THE TENTH, THE TENTH THE NINTH AND THE ELEVENTH THE TENTH, THE THREE ARE HOLY.
THE NINTH IS EATEN WHILE BLEMISHED, THE TENTH IS THE TITHE AND THE ELEVENTH IS
SACRIFICED AS A PEACE-OFFERING, AND IT CAN EFFECT A SUBSTITUTE. THESE
ARE THE WORDS OF R. MEIR. SAID R. JUDAH: CAN THAT ONE SUBSTITUTE EFFECT ANOTHER SUBSTITUTE?

It has been stated: If one says to his agent: ‘Go and tithe on my behalf’, R. Papi in the name of
Raba says: If he called the ninth the tenth (The animal marked), it is sacred, whereas if he called the eleventh the tenth, it
is not sacred.20 But R. Papa in the name of Raba Says: Even if he called the ninth the tenth, it is not
sacred, for he [the sender] can say to him: ‘I sent you to do the right thing not to do it wrong’.

And why is this different from what we have learnt in a Mishnah: If one says to his agent: ‘Go and
separate terumah’, he separates according to the disposition of the owner. If, however, he does not
know the disposition of the owner, he separates the amount of terumah for an average person, one in
fifty. If he decreased the terumah by ten or increased it by ten, his terumah is valid! — I will tell
you: There [in the Mishnah] since some separate terumah liberally and others meanly, he [the agent]
can say to him: ‘I guessed this to be your intention’; but here there was a mistake. He [the owner]
can therefore say to him [the agent]: ‘You should not have made a mistake’.

 

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