Join our BIG campaign! Announcing the NEW APP from iTorah.com https://itorah.com/campaigns/ special In its discussion of Ma’aser Behema – the annual tithe of one’s kosher animals – the Torah (Vayikra 27:33) commands, “Lo Yigael” (literally, “it shall not be redeemed”), introducing a prohibition against selling an animal designated as Ma’aser Behema. After one tithed his herds, marking every tenth animal as Ma’aser Behema, the marked animals may not be sold. They must be brought to the courtyard of the Bet Ha’mikdash in Jerusalem and slaughtered. Blood of the sacrifices is sprinkled on the foundation of the altar, and certain fats and body parts are placed on the altar. The rest of the meat is eaten in Jerusalem either by the animals’ owner or anyone with whom the owner wishes to share it (as we recite each morning in the “Ezehu Mekoman” chapter of Mishnayot, “Ve’ha’ma’aser Le’chol Adam” – the meat of Ma’aser Behema may be eaten by anybody). The underlying reason behind this Misva (as we discussed in reference to Misva 360), the Sefer Ha’hinuch writes, is that the Torah sought to ensure people’s connection with the city of Jerusalem. The Torah requires bringing several different kinds of foods to Jerusalem, such that a person will find himself having to travel to the city several times during the year. As a result, people will likely purchase property in Jerusalem either for themselves or for family members, thus building a connection with the Torah scholars in the city. This bond with scholars will have a profound impact upon the family, and, ultimately, upon the Jewish Nation as a whole. If an animal designated as Ma’aser Behema developed a disqualifying blemish, then it loses its status of sanctity, and may be eaten anywhere. However, the Sages enacted that even after becoming blemished, the animal should not be sold. The Rabbis also enacted a prohibition forbidding placing meat of Ma’aser Behema on a scale. Thus, for example, if a family eats Ma’aser Behema together, and they want to ensure that the meat is divided evenly, they may not weigh the portions against one another. Placing meat on a scale gives the appearance of selling it, as butchers weigh meat when selling it, and so the Sages forbade weighing meat of Ma’aser Behema. Only the meat of the animal is forbidden to be sold. Other portions of the animal – such as the forbidden fats, the sinews and bones – may be sold. The Rambam maintained that if one did sell the meat of an animal designated as Ma’aser Behema, the transaction does not take effect, because the Torah forbade this sale. For this reason, the Rambam maintained that one is not liable to Malkut for violating this prohibition. Even though an action has been performed, Malkut are not administered because the action had no effect, and the command was thus violated purely through the intent to sell the meat. This command is binding upon Kohanim, Leviyim and Yisraelim, and upon both men and women. It applies at all times, even nowadays, in the absence of the Bet Ha’mikdash. The Sages forbade designating animals as Ma’aser Behema nowadays, given the risk that one might slaughter such an animal, and thus violate the grave prohibition of “Shehuteh Hutz” (sacrificing animals outside the Bet Ha’mikdash. Nevertheless, if one did designate an animal as Ma’aser Behema nowadays, the animal then becomes forbidden to be sold.