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Temurah - Chapter 2

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Temurah - Chapter 2

1The act of transferring the holiness of a sacrificial animal involves the owner of the animal saying with regard to an ordinary animal that he possesses: “This1 should be substituted for this”2 or “This is a replacement for this.” Needless to say, holiness is transferred if one says: “This should be substituted for this sin-offering” or “... substituted for this burnt-offering.”אהַתְּמוּרָה הִיא שֶׁיֹּאמַר בַּעַל הַקָּרְבָּן עַל בֶּהֱמַת חֻלִּין שֶׁיֵּשׁ לוֹ 'הֲרֵי זוֹ תַּחַת זוֹ', אוֹ 'הֲרֵי זוֹ חֲלִיפַת זוֹ'; וְאֵין צָרִיךְ לוֹמַר אִם אָמַר 'הֲרֵי זוֹ תַּחַת חַטָּאת זוֹ' אוֹ 'תַּחַת עוֹלָה זוֹ' - שֶׁהִיא תְּמוּרָה.
Similarly, holiness is transferred if one says: “This should be substituted for the sin-offering I possess at home” or “... substituted for the burnt-offering I possess in such-and-such a place.” Provided that he actually possesses these items.וְכֵן אִם אָמַר 'הֲרֵי זוֹ תַּחַת חַטָּאת שֶׁיֵּשׁ לִי בְּתוֹךְ הַבַּיִת' אוֹ 'תַּחַת עוֹלָה שֶׁיֵּשׁ לִי בְּמָקוֹם פְּלוֹנִי' - הֲרֵי זוֹ תְּמוּרָה. וְהוּא שֶׁיֵּשׁ לוֹ.
If, by contrast, one said with regard to an ordinary animal: “This should be substituted for a burnt-offering”3 or “This is substituted for a sin-offering,” his words are of no consequence.4 If he states: “The holiness of this is conveyed5 to this,” a transfer of holiness is not brought about.אֲבָל אִם אָמַר עַל בֶּהֱמַת חֻלִּין 'הֲרֵי זוֹ תַּחַת עוֹלָה', אוֹ 'הֲרֵי זוֹ תַּחַת חַטָּאת' - לֹא אָמַר כְּלוּם. וְכֵן אִם אָמַר 'הֲרֵי זוֹ מְחֻלֶּלֶת עַל זוֹ', אֵינָהּ תְּמוּרָה.
2The following rules apply when there were two animals before a person, one ordinary animal and one consecrated animal that became blemished.6 If he placed his hand on the ordinary animal and said: “This one is substituted for this,” he has brought about a forbidden exchange of holiness7 and he is liable for lashes. If, by contrast, he placed his hand on the consecrated animal and said: “This is substituted for this,” he has exchanged its holiness and transferred it to the ordinary animal. This is not a forbidden exchange of holiness, but instead, is comparable to redeeming the blemished sacrificial animal8 with this ordinary animal.9בהָיוּ לְפָנָיו שְׁתֵּי בְּהֵמוֹת, אַחַת חֻלִּין וְאַחַת הֶקְדֵּשׁ שֶׁנָּפַל בָּהּ מוּם, הִנִּיחַ יָדוֹ עַל בֶּהֱמַת חֻלִּין וְאָמַר 'הֲרֵי זוֹ תַּחַת זוֹ' - הֲרֵי זוֹ תְּמוּרָה, וְלוֹקֶה; הִנִּיחַ יָדוֹ עַל בֶּהֱמַת הֶקְדֵּשׁ וְאָמַר 'הֲרֵי זוֹ תַּחַת זוֹ' - הֲרֵי זֶה חִלְּלָהּ עַל בֶּהֱמַת הַחֻלִּין, וְאֵין זוֹ תְּמוּרָה אֶלָא כְּפוֹדֶה בַּעֲלַת מוּם בְּזוֹ הַבְּהֵמָה.
3The following rule applies when there were three animals consecrated for the altar10 before a person and one of them was blemished and awaiting redemption and also three unblemished ordinary animals. If he says:11 “These are substituted for these,” the holiness of two of the consecrated animals is transferred to two of the ordinary animals through the convention of temurah and he is liable for two sets of lashes.גהָיוּ לְפָנָיו שָׁלוֹשׁ בְּהֵמוֹת קָדְשֵׁי מִזְבֵּחַ, וְאַחַת מֵהֶן בַּעֲלַת מוּם שֶׁהֲרֵי הִיא עוֹמֶדֶת לְפִדְיוֹן, וְשָׁלוֹשׁ בְּהֵמוֹת תְּמִימוֹת חֻלִּין, וְאָמַר 'הֲרֵי אֵלּוּ תַּחַת אֵלּוּ' - הֲרֵי שְׁתַּיִם מִן הַחֻלִּין תַּחַת שְׁתַּיִם הַתְּמִימוֹת תְּמוּרָתָן תְּמוּרָה, וְלוֹקֶה עֲלֵיהֶן שְׁתַּיִם.
The third ordinary animal is substituted for the blemished animal through the convention of chillul. We assume that he sought to use that convention rather than the convention of temurah.וְהַבְּהֵמָה הַשְּׁלִישִׁית הִיא תַּחַת בַּעֲלַת מוּם שֶׁנִּתְחַלְּלָה עָלֶיהָ, וּלְחַלְּלָהּ נִתְכַּוֵּן וְלֹא לְהָמִיר בָּהּ.
The rationale is that since the person had a forbidden course of action, temurah and a permitted course of action, chillul, we operate under the assumption that a person will not abandon the permitted course of action and follow the forbidden one.12 Therefore he is not liable for three sets of lashes.שֶׁכֵּיוָן שֶׁיֵּשׁ לְפָנָיו דֶּרֶךְ אִסּוּר, וְהִיא הַתְּמוּרָה, וְדֶרֶךְ הֶתֵּר, וְהוּא הַחִלּוּל - חֲזָקָה הִיא שֶׁאֵין אָדָם מַנִּיחַ הַהֶתֵּר וְעוֹשֶׂה הָאִסּוּר, וּלְפִיכָךְ אֵינוֹ לוֹקֶה שָׁלוֹשׁ מַלְקִיּוֹת.
Similarly, if one says: “These ten ordinary animals are substituted for these ten consecrated animals,” and one of the consecrated animals is blemished, the person is liable for only nine sets of lashes, for he intended to transfer the holiness of the tenth animal through the convention of chillul.וְכֵן אִם אָמַר 'עֶשֶׂר בְּהֵמוֹת אֵלּוּ תַּחַת עֶשֶׂר אֵלּוּ', וְאַחַת מֵהֶן בַּעֲלַת מוּם - אֵינוֹ לוֹקֶה אֶלָא תֵּשַׁע מַלְקִיּוֹת; שֶׁהַבְּהֵמָה הָעֲשִׂירִית לְחַלְּלָהּ נִתְכַּוֵּן, וְלֹא לְהָמִיר בָּהּ.
Even though he had established a halachic presumption by being liable for many sets of lashes,13 since there is a permitted way for him to transfer the animal’s holiness,14 we presume that he will not abandon the permitted course of action and follow the forbidden one.15שֶׁאַף עַל פִּי שֶׁהֻחְזַק זֶה בְּמַלְקִיּוֹת הַרְבֵּה, הוֹאִיל וְיֵשׁ שָׁם דֶּרֶךְ הֶתֵּר, אֵינוֹ מַנִּיחַ דֶּרֶךְ הַהֶתֵּר וְעוֹשֶׂה הָאִסּוּר.
When there are two consecrated animals and one of them is blemished and two ordinary animals and one of them is blemished, and one says: “These are substituted for these,” the holiness of the unblemished animal is transferred to the unblemished animal through the convention of temurah and he is liable for one set of lashes and the holiness of the blemished animal is transferred to the blemished animal through the convention of chillul. The rationale is that we presume that he will not abandon the permitted course of action and follow the forbidden one.16שְׁתֵּי בְּהֵמוֹת שֶׁל הֶקְדֵּשׁ וְאַחַת מֵהֶן בַּעֲלַת מוּם, וּשְׁתֵּי בְּהֵמוֹת שֶׁל חֻלִּין וְאַחַת מֵהֶן בַּעֲלַת מוּם, וְאָמַר 'הֲרֵי אֵלּוּ תַּחַת אֵלּוּ' - הֲרֵי הַתְּמִימָה תְּמוּרַת הַתְּמִימָה, וְלוֹקֶה אַחַת; וּבַעֲלַת הַמּוּם מְחֻלֶּלֶת עַל בַּעֲלַת הַמּוּם - שֶׁאֵינוֹ מַנִּיחַ הַהֶתֵּר וְעוֹשֶׂה הָאִסּוּר.
4When one says: “The holiness of an animal designated as a burnt-offering and one designated as a peace-offering is transferred to this animal,”17 his statements are of consequence. The animal should be sold18 and half of the proceeds used to bring the exchange of a burnt-offering and half used to bring the exchange of a peace-offering.19דהָאוֹמֵר 'הֲרֵי זוֹ תְּמוּרַת עוֹלָה וּשְׁלָמִים' - דְּבָרָיו קַיָּמִין, וְתִמָּכֵר, וְיָבִיא בַּחֲצִי דָּמֶיהָ תְּמוּרַת עוֹלָה וּבַחֲצִי דָּמֶיהָ תְּמוּרַת שְׁלָמִים.
If one said: “The holiness of an animal designated as a burnt-offering and the holiness of an animal designated as a peace-offering are transferred to this animal,” we examine if that was his original intent.20 If it was, his words are of consequence.21 If his original intent was merely to transfer the holiness of a burnt-offering, and he afterwards, added “the holiness of a peace-offering” later, only his original statements are of consequence. Even though he retracted them immediately thereafter,22 only the holiness of a burnt-offering is transferred to the animal.23אָמַר 'הֲרֵי זוֹ תְּמוּרַת עוֹלָה וּתְמוּרַת שְׁלָמִים': אִם לְכָּךְ נִתְכַּוֵּן מִתְּחִלָּה, דְּבָרָיו קַיָּמִין; וְאִם לֹא נִתְכַּוֵּן בַּתְּחִלָּה אֶלָא לִתְמוּרַת עוֹלָה, וְחָזַר וְאָמַר 'וּתְמוּרַת שְׁלָמִים', אַף עַל פִּי שֶׁחָזַר בְּתוֹךְ כְּדֵי דִּבּוּר - אֵין תּוֹפְסִין אֶלָא לָשׁוֹן רִאשׁוֹן, וַהֲרֵי הִיא תְּמוּרַת עוֹלָה בִּלְבָד.

Quiz Yourself on Terumah Chapter 2

Footnotes
1.

The ordinary animal.

2.

The sacrificial animal. Rabbi Akiva Eiger clarifies that both animals must be alive at the time the statement is made.

3.

Without specifying which animal consecrated as a burnt-offering he meant.

4.

In his Commentary to the Mishnah (Temurah 5:6), the Rambam explains that the prooftext for this mitzvah (Leviticus 27:10) states: “Do not exchange it and do not transfer its holiness,” implying that there is a specific animal involved.

5.

Mechullelet, the term the Rambam uses, refers to a convention that is effective when transferring the holiness of a blemished sacrificial animal to a non-blemished one. This convention is not, however, effective in bringing about a forbidden transfer.

6.

The proper course of action for such an animal is to use the convention called chillul in which the holiness of the animal is transferred to money or another animal and then the blemished animal can be sold as an ordinary animal. Nevertheless, as stated in Chapter 1, Halachah 13, one can also transfer the holiness in a forbidden manner, using the convention referred to as temurah. In that instance, even though the holiness is transferred, the original animal still remains holy.

7.

Placing his hand on the forbidden animal indicates that his fundamental intent was to cause the ordinary animal to be consecrated which involves the convention of temurah (Rav Yosef Corcus).

8.

Placing his hand on the consecrated animal indicates that his fundamental intent was to redeem the consecrated animal which involves the convention of chillul (ibid.).

9.

Which is a desirable and required act.

10.

I.e., for the altar and not for the improvement of the Temple. In such an instance, their bodies, not only their worth becomes consecrated.

11.

Without placing his hands on any of the animals and indicating his intent in that manner (Rashi, Temurah 27a).

12.

We follow this assumption even when as, in this instance, the person has shown that he is willing to violate the prohibition involved.

13.

I.e., the repetition of an action three times establishes a chazzakah, a halachic presumption, on which basis a person's conduct is judged. Since the person transgressed more than three times, one might conclude that he is not concerned with the violation of this commandment at all. Hence, he should be liable for a tenth set of lashes as well, for there is no basis for the assumption that he transferred the holiness of the tenth animal through the convention of chillul.
This conclusion is not accepted. Instead, even in such a situation, we rely on the presumption that a person will not abandon a permitted course of action and follow a forbidden one.

14.

I.e., through chillul.

15.

And perform temurah.

16.

Although the person is violating a prohibition by making one transfer through the convention of temurah, we assume that he will not desire to commit a second transgression and transfer the holiness of both animals through this same convention. Instead, even though he will transfer the holiness of the unblemished animal through temurah, he will transfer the holiness of the blemished animal through the convention of chillul. It is necessary to state this situation, because generally, chillul is used to transfer the holiness of a blemished animal to an unblemished one and not to another blemished one (Rav Yosef Corcus).
When the holiness of the blemished animal is transferred to another blemished animal, we assume that this is being done through the convention of chillul, because when mentioning the prohibition against temurah, Leviticus 27:10 speaks about substituting “good for bad or bad for good.” “Good” refers to an unblemished animal, “bad,” a blemished one. Implied is that there is no concept of substituting bad for bad, i.e., one blemished animal for another, through the convention of temurah (Rashi, Temurah 27a).

17.

This is speaking about a situation where the person had both an animal designated as a burnt-offering and one designated as a peace-offering before him or in his home.

18.

I.e., it should be allowed to pasture until it contracts a disqualifying blemish and then sold (see Hilchot Ma’aseh HaKorbanot 15:3).

19.

Since he is speaking of one transfer of holiness - even though it involves two animals - it is as if he consecrated an animal, half as a burnt-offering and half as a peace-offering, as described in ibid.; see also Chapter 3, Halachah 3.

20.

I.e., if his intent was to have half of it consecrated as a burnt-offering and half, as a sin-offering, as in the previous instance.

21.

After contracting a disqualifying blemish, the animal should be sold and half of the proceeds used to bring a burnt-offering and half used to bring a peace-offering.

22.

The phrase translated as "immediately thereafter," toch kedei dibbur, has a very specific halachic meaning: "Within the time it takes to say Shalom Elecha, Rebbi" ("Greetings, my master"; Hilchot Sh'vuot 2:17).

23.

In his Commentary to the Mishnah (Temurah 5:3; see also Hilchot Ma’aseh HaKorbanot 15:1), the Rambam explains that generally if one seeks to retract his statements immediately, the retraction is effective. There are, however, several instances, for example, marriage, the acceptance of a false divinity, blasphemy, the consecration of sacrifices, and the transfer of holiness from one animal to another where retraction is not possible. Hence, his original statement is binding and the holiness of a burnt-offering alone is transferred to the animal.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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