To not sell the tithe of beasts, but rather that it be eaten in Jerusalem: To not sell the tithe of beasts in any way, but rather its owners — or whoever they want — eat it in Jerusalem. And regarding this is it stated here about the tithe of beasts (Leviticus 27:33), “it shall not be redeemed.” And they said in Sifra, Bechukotai, Chapter 13:4, “With the tithe, it states, ‘it shall not be redeemed’ — it is not sold, neither alive nor slaughtered; neither unblemished nor blemished.” And the expression of redemption is used here as an expression of sale, because redemption is similar to sale, since [redemption is when] a man gives value (money) and he purchases land.
That which I wrote in this Order in the commandment of the tithe of cattle and sheep (Sefer HaChinukh 360) is from the roots of the commandment. And from that reason that you will see there, we have been commanded not to sell the tithe in any way, but rather it must be eaten in Jerusalem regardless.
From the laws of the commandment is that which they, may their memory be blessed, said (Zevachim 56b) the tithe of beasts was eaten completely by the owners in Jerusalem, and the priests have nothing in it. However it was slaughtered in the courtyard and they would offer its entrails and sprinkle its blood with one sprinkling across from the base [of the altar]. And if it developed a blemish, it is eaten in any place. But the Sages forbade to sell it nonetheless, and even if it is a blemished one. And even if it is slaughtered it is forbidden to sell it [as a] decree lest one will sell it alive (Bekhorot 31b). And therefore they said that we do not weigh one piece from it against [another] piece — as it appears like selling. And [this is the law] even though this thing is permitted to do even with an unblemished firstborn; as they, may their memory be blessed, said (Bekhorot 31a) [that] the priests that are designated for a firstborn are permitted to weigh one piece against [another] piece. And that which they, may their memory be blessed, said [regarding] the tithe of beasts that is slaughtered, [that] it is permissible to sell its fat, its tendons, its skin and its bones — as they only forbade to sell its meat alone. And if the bones were expensive and he included the value of the meat in [that of] the bones, it is permitted. And Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Firstlings 6:5) that it appears to him that [in the case of] one who sells the tithe, the purchaser does not acquire [it]. And therefore the seller is not lashed for it — since his actions were not effective. And [it is] like one who sells the dedications of the priests, such that the buyer did not acquire [it], and like one who sells a woman (captive) of beautiful form, such that the buyer did not acquire [it] — as is elucidated in its place. To here [are his words]. And the rest of the details of the commandment are elucidated in Tractate Bekhorot and in Tractate Maaser Sheni at the beginning.
And this prohibition is practiced by males and females — Israelites, priests and Levites — in every place and at all times. And even though the Sages forbade to tithe beasts at this time [as a] decree lest he eat them unblemished and there would be a prohibition of excision in the thing — which is the slaughter of consecrated animals outside [of the Temple], as we wrote above — nonetheless, [in the case of] one who transgressed and tithed at this time, it has the sanctity of the tithe. And if he sold it in any way, he has violated this negative commandment — which is “it shall not be redeemed.” But we do not administer lashes for it, like we said adjacently in the name of Rambam, may his memory be blessed.
שֶׁלֹּא לִמְכֹּר מַעְשַׂר בְּהֵמָה אֶלָּא יֵאָכֵל בִּירוּשָׁלַיִם – שֶׁלֹּא לִמְכֹּר מַעְשַׂר בְּהֵמָה בְּשׁוּם צַד, אֶלָּא יֹאכְלוּהוּ בְּעָלָיו אוֹ מִי שֶׁיִּרְצוּ הֵם בִּירוּשָׁלַיִם, וְעַל זֶה נֶאֱמַר כָּאן בְּמַעְשַׂר בְּהֵמָה (ויקרא כז לג) לֹא יִגָּאֵל. וְאָמְרוּ בַּסִּפְרָא (יג ד), בְּמַעֲשֵׂר הוּא אוֹמֵר לֹא יִגָּאֵל, אֵינוֹ נִמְכָּר לֹא חַי וְלֹא שָׁחוּט וְלֹא תָּמִים וְלֹא בַּעַל מוּם. וּלְשׁוֹן גְּאֻלָּה יְשַׁמֵּשׁ כָּאן בִּלְשׁוֹן מְכִירָה, לְפִי שֶׁהַגְּאֻלָּה מֵעֵין מְכִירָה הִיא, שֶׁהָאָדָם נוֹתֵן דָּמִים וְלוֹקֵחַ קַרְקַע.
To not sell the tithe of beasts, but rather that it be eaten in Jerusalem: To not sell the tithe of beasts in any way, but rather its owners — or whoever they want — eat it in Jerusalem. And regarding this is it stated here about the tithe of beasts (Leviticus 27:33), “it shall not be redeemed.” And they said in Sifra, Bechukotai, Chapter 13:4, “With the tithe, it states, ‘it shall not be redeemed’ — it is not sold, neither alive nor slaughtered; neither unblemished nor blemished.” And the expression of redemption is used here as an expression of sale, because redemption is similar to sale, since [redemption is when] a man gives value (money) and he purchases land.
מִשָּׁרְשֵׁי הַמִּצְוָה. מָה שֶׁכָּתַבְתִּי בְּסֵדֶר זֶה בְּמִצְוַת מַעְשַׂר בָּקָר וָצֹאן (מצוה שס), וּמִן הַטַּעַם הַהוּא שֶׁתִּרְאֶה שָׁם נִצְטַוִּינוּ שֶׁלֹּא לִמְכֹּר הַמַּעֲשֵׂר בְּשׁוּם צַד, אֶלָּא יֵאָכֵל עַל כָּל פָּנִים בִּירוּשָׁלַיִם.
That which I wrote in this Order in the commandment of the tithe of cattle and sheep (Sefer HaChinukh 360) is from the roots of the commandment. And from that reason that you will see there, we have been commanded not to sell the tithe in any way, but rather it must be eaten in Jerusalem regardless.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (זבחים נו ב), שֶׁמַּעְשַׂר בְּהֵמָה הָיָה נֶאֱכָל כֻּלּוֹ לַבְּעָלִים בִּירוּשָׁלַיִם, וְאֵין לַכֹּהֲנִים בָּהֶם כְּלוּם, אֲבָל הָיָה נִשְׁחָט בָּעֲזָרָה וּמַקְרִיבִין אֵמוּרָיו וְזוֹרְקִין דָּמוֹ זְרִיקָה אַחַת כְּנֶגֶד הַיְּסוֹד. וְאִם נָפַל בּוֹ מוּם נֶאֱכָל בְּכָל מָקוֹם. אֲבָל אָסְרוּ חֲכָמִים לְמָכְרוֹ בְּכָל מָקוֹם, וַאֲפִלּוּ הוּא בַּעַל מוּם, וַאֲפִלּוּ שָׁחוּט אָסוּר לְמָכְרוֹ, גְּזֵרָה שֶׁמָּא יִמְכְּרֶנּוּ חַי (בכורות לא ב), וּלְפִיכָךְ אָמְרוּ שֶׁאֵין שׁוֹקְלִין מִמֶּנּוּ מָנָה כְּנֶגֶד מָנָה, מִפְּנֵי שֶׁנִּרְאֶה כְּמוֹכֵר, וְאַף עַל פִּי שֶׁדָּבָר זֶה הֻתַּר לַעֲשׂוֹת אֲפִילּוּ בִּבְכוֹר תָּמִים, שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם א), כֹּהֲנִים שֶׁנִּמְנוּ עַל הַבְּכוֹר מֻתָּרִין לִשְׁקֹל מָנָה כְּנֶגֶד מָנָה. וּמָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה, שֶׁמַּעְשַׂר בְּהֵמָה שֶׁנִּשְׁחַט מֻתָּר לִמְכֹּר חֶלְבּוֹ וְגִידָיו וְעוֹרוֹ וְעַצְמוֹתָיו, שֶׁלֹּא אָסְרוּ לִמְכֹּר אֶלָּא בְּשָׂרוֹ בִּלְבַד, וְאִם הָיוּ הָעֲצָמוֹת יְקָרִים וְהִבְלִיעַ דְּמֵי הַבָּשָׂר בַּעֲצָמוֹת מֻתָּר. וְכָתַב הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה (בכורות ו ה), שֶׁיֵּרָאֶה לוֹ שֶׁהַמּוֹכֵר מַעֲשֵׂר לֹא קָנָה לוֹקֵחַ, וּלְפִיכָךְ אֵינוֹ לוֹקֶה עָלָיו הַמּוֹכֵר, לְפִי שֶׁלֹּא הוֹעִילוּ מַעֲשָׂיו, כְּמוֹ מוֹכֵר חֶרְמֵי כֹּהֲנִים שֶׁלֹּא קָנָה לוֹקֵחַ, וּכְמוֹ מוֹכֵר יְפַת תֹּאַר שֶׁלֹּא קָנָה לוֹקֵחַ, כְּמוֹ שֶׁיִּתְבָּאֵר בִּמְקוֹמוֹ, עַד כָּאן. וְיֶתֶר פְּרָטֵי הַמִּצְוָה, יִתְבָּאֲרוּ בְּמַסֶּכֶת בְּכוֹרוֹת וּבְמַסֶּכֶת מַעֲשֵׂר שֵׁנִי בִּתְחִלָּתָהּ.
From the laws of the commandment is that which they, may their memory be blessed, said (Zevachim 56b) the tithe of beasts was eaten completely by the owners in Jerusalem, and the priests have nothing in it. However it was slaughtered in the courtyard and they would offer its entrails and sprinkle its blood with one sprinkling across from the base [of the altar]. And if it developed a blemish, it is eaten in any place. But the Sages forbade to sell it nonetheless, and even if it is a blemished one. And even if it is slaughtered it is forbidden to sell it [as a] decree lest one will sell it alive (Bekhorot 31b). And therefore they said that we do not weigh one piece from it against [another] piece — as it appears like selling. And [this is the law] even though this thing is permitted to do even with an unblemished firstborn; as they, may their memory be blessed, said (Bekhorot 31a) [that] the priests that are designated for a firstborn are permitted to weigh one piece against [another] piece. And that which they, may their memory be blessed, said [regarding] the tithe of beasts that is slaughtered, [that] it is permissible to sell its fat, its tendons, its skin and its bones — as they only forbade to sell its meat alone. And if the bones were expensive and he included the value of the meat in [that of] the bones, it is permitted. And Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Firstlings 6:5) that it appears to him that [in the case of] one who sells the tithe, the purchaser does not acquire [it]. And therefore the seller is not lashed for it — since his actions were not effective. And [it is] like one who sells the dedications of the priests, such that the buyer did not acquire [it], and like one who sells a woman (captive) of beautiful form, such that the buyer did not acquire [it] — as is elucidated in its place. To here [are his words]. And the rest of the details of the commandment are elucidated in Tractate Bekhorot and in Tractate Maaser Sheni at the beginning.
וְנוֹהֵג אִסּוּר זֶה בִּזְכָרִים וּנְקֵבוֹת, יִשְׂרְאֵלִים וְכֹהֲנִים וּלְוִיִּם, בְּכָל מָקוֹם וּבְכָל זְמַן. וְאַף עַל פִּי שֶׁחֲכָמִים אָסְרוּ לְעַשֵּׂר בְּהֵמָה בַּזְּמַן הַזֶּה, גְּזֵרָה שֶׁמָּא יֹאכְלוּם תְּמִימִים, וְיִהְיֶה בַּדָּבָר אִסּוּר כָּרֵת שֶׁהוּא שְׁחִיטַת קָדָשִׁים בַּחוּץ כְּמוֹ שֶׁכָּתַבְנוּ לְמַעְלָה, אַף עַל פִּי כֵן מִי שֶׁעָבַר וְעִשֵּׂר בַּזְּמַן הַזֶּה יֵשׁ בּוֹ קְדֻשַּׁת מַעֲשֵׂר, וְאִם יִמְכְּרֶנּוּ בְּשׁוּם צַד יַעֲבֹר עָלָיו בַּלָּאו הַזֶּה שֶׁהוּא לֹא יִגָּאֵל, אֲבָל אֵין לוֹקִין עָלָיו, כְּמוֹ שֶׁאָמַרְנוּ בְּסָמוּךְ בְּשֵׁם הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה.
And this prohibition is practiced by males and females — Israelites, priests and Levites — in every place and at all times. And even though the Sages forbade to tithe beasts at this time [as a] decree lest he eat them unblemished and there would be a prohibition of excision in the thing — which is the slaughter of consecrated animals outside [of the Temple], as we wrote above — nonetheless, [in the case of] one who transgressed and tithed at this time, it has the sanctity of the tithe. And if he sold it in any way, he has violated this negative commandment — which is “it shall not be redeemed.” But we do not administer lashes for it, like we said adjacently in the name of Rambam, may his memory be blessed.
וּתְהִלָּה לָאֵל גָּדוֹל וְנוֹרָא סִיַּמְנוּ סֵפֶר וַיִּקְרָא.
And praise to great and awesome God, we have completed the Book of Leviticus.