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Rambam - 1 Chapter a Day

Temurah - Chapter 4

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Temurah - Chapter 4

1What are the laws pertaining to the offspring of consecrated animals? The offspring of an animal consecrated as a peace-offering and the offspring of an animal to which the holiness of a peace-offering was transferred are like peace-offerings and they should be treated like peace-offerings in all respects.1אכֵּיצַד דִּין וַלְדוֹת הַקֳּדָשִׁים? וְלַד שְׁלָמִים וּוְלַד תְּמוּרַת שְׁלָמִים - הֲרֵי אֵלּוּ כַּשְּׁלָמִים, וְהֵן עַצְמָן כַּשְּׁלָמִים לְכָל דָּבָר.
Similarly, the offspring of an animal consecrated as a thanksgiving- offering and the offspring of an animal to which the holiness of a thanksgiving-offering was transferred should be sacrificed like a thanksgiving-offering, except that they do not require bread.2 For bread is brought only for a thanksgiving-offering itself. This is derived from Leviticus 7:12 which states: “He shall offer on the slaughtering of the thanksgiving-offering.... “Implied is on its slaughtering, and not on the slaughtering of its offspring or on that of an animal to which its holiness was transferred, as we explained.3וְכֵן וְלַד הַתּוֹדָה וּוְלַד תְּמוּרָתָהּ - הֲרֵי אֵלּוּ יִקְרְבוּ כַּתּוֹדָה, אֶלָא שֶׁאֵין טְעוּנִין לֶחֶם, שֶׁאֵין מְבִיאִין לֶחֶם אֶלָא עִם הַתּוֹדָה עַצְמָהּ, שֶׁנֶּאֱמַר "עַל זֶבַח הַתּוֹדָה" (ויקרא ז, יב) - עָלָיו, וְלֹא עַל וְלָדָהּ וְלֹא עַל תְּמוּרָתָהּ, כְּמוֹ שֶׁבֵּאַרְנוּ.
To what does the above apply? To the offspring themselves. But the offspring of the offspring should not be sacrificed. From his conduct,4 it is obvious that he is delaying their offering to raise herds from them. Hence, he is penalized and should not offer them.בַּמֶּה דְּבָרִים אֲמוּרִים? בַּוְּלָדוֹת עַצְמָן; אֲבָל וַלְדֵי וְלָדוֹת - אֵינָן קְרֵבִין. שֶׁמִּתּוֹךְ מַעֲשָׂיו נִכָּר שֶׁהוּא מַשְׁהֶה אוֹתָן כְּדֵי לְגַדֵּל מֵהֶן עֲדָרִים עֲדָרִים, וּלְפִיכָךְ קוֹנְסִין אוֹתוֹ וְלֹא יַקְרִיבֵם.
2The offspring of a sin-offering,5 and, needless to say, the offspring of an animal to which the holiness of a sin offering was transferred,6 should be consigned to death.7בוְלַד הַחַטָּאת - יָמוּת, וְאֵין צָרִיךְ לוֹמַר וְלַד תְּמוּרָתָהּ.
3If a person slaughters an animal offered as a sin-offering and discovers that it was carrying a four-month old fetus that was alive,8 it may be eaten9 like the meat of the sin-offering.10 For the offspring of consecrated animals while they are in their mother’s womb are like the consecrated animals themselves.11גהַשּׁוֹחֵט אֶת הַחַטָּאת וּמָצָא בָּהּ בֶּן אַרְבָּעָה חַי - הֲרֵי זֶה נֶאֱכָל כִּבְשַׂר הַחַטָּאת; שֶׁוַּלְדֵי הַקֳּדָשִׁים בִּמְעֵי אִמָּן הֵן קְדוֹשִׁים.
4The offspring of an animal to which the holiness of a guilt-offering was transferred, the offspring of its offspring, and so too until the end of time should be allowed to pasture until they contract a disqualifying blemish. Then they should be sold and the proceeds used to purchase freewill offerings.12דוְלַד תְּמוּרַת הָאָשָׁם, וּוְלַד וְלָדָהּ עַד סוֹף הָעוֹלָם - יִרְעוּ עַד שֶׁיִּפֹּל בָּהֶן מוּם, וְיִמָּכְרוּ וְיִפְּלוּ דְּמֵיהֶן לִנְדָבָה.
If the animal to which the holiness of the guilt-offering was transferred gave birth to a male after the guilt-offering is sacrificed, the offspring itself should be sacrificed as a burnt-offering.13וְאִם יָלְדָה זָכָר אַחַר שֶׁהִקְרִיב אֲשָׁמוֹ, הַוָלָד עַצְמוֹ יִקְרַב עוֹלָה.
If one set aside a female animal as a guilt-offering14 and it gave birth, it and its offspring should be allowed to pasture until they become blemished. Then they should be sold and the person’s guilt-offering purchased with the proceeds of the sale.15הִפְרִישׁ נְקֵבָה לַאֲשָׁמוֹ וְיָלְדָה - תִּרְעֶה הִיא וּבְנָהּ עַד שֶׁיִּפֹּל בָּהֶן מוּם, וְיִמָּכְרוּ וְיָבִיא בִּדְמֵי שְׁנֵיהֶם אֲשָׁמוֹ.
If he already sacrificed his guilt-offering, the proceeds of their sale should be used to purchase freewill offerings.וְאִם כְּבָר הִקְרִיב אֲשָׁמוֹ, יִפְּלוּ דְּמֵיהֶן לִנְדָבָה.
5The male16 offspring of an animal to which the holiness of a burnt-offering was transferred, the offspring of its offspring, and so too until the end of time are considered as burnt-offerings and should themselves be offered as burnt-offerings.17הוְלַד תְּמוּרַת הָעוֹלָה, וּוְלַד וְלָדָהּ עַד סוֹף הָעוֹלָם - הֲרֵי אֵלּוּ כָּעוֹלָה, וְהֵן עַצְמָן יִקְרְבוּ עוֹלָה.
If one set aside a female as a burnt-offering and it gave birth, even though it gave birth to a male, the offspring should be allowed to pasture until it contracts a disqualifying blemish and then the proceeds of the sale should be used to bring a burnt-offering.18הִפְרִישׁ נְקֵבָה לְעוֹלָתוֹ וְיָלְדָה, אַף עַל פִּי שֶׁיָּלְדָה זָכַר - יִרְעֶה עַד שֶׁיִּפֹּל בּוֹ מוּם, וְיָבִיא בְּדָמָיו עוֹלָה.
We already explained in Hilchot Ma’aseh HaKorbanot19 that whenever we use the expression “the proceeds of the sale should be used to purchase freewill offerings” the intent is that the money should be placed in the chests that existed in the Temple whose number we explained in Hilchot Shekalim.20 The court sacrifices freewill burnt-offerings with that money. The accompanying offerings21 are brought from communal funds and they do not require semichah.22 Whenever, by contrast, we use the expression “it itself should be offered as a burnt-offering” or “he should bring a burnt-offering with the proceeds,” the sacrifice requires semichah and the owner must bring the accompanying offerings.23כְּבָר בֵּאַרְנוּ בְּמַעֲשֵׂה הַקָּרְבָּנוֹת, שֶׁכָּל מָקוֹם שֶׁאָנוּ אוֹמְרִין 'יִפְּלוּ לִנְדָבָה' - הוּא שֶׁיִּתֵּן הַמָּעוֹת לַשּׁוֹפָרוֹת שֶׁהָיוּ בַּמִּקְדָּשׁ, שֶׁבֵּאַרְנוּ כַּמָּה הֵן בִּשְׁקָלִים, וּבֵית דִּין מַקְרִיבִין בְּאוֹתָן הַמָּעוֹת עוֹלוֹת נְדָבָה, וְנִסְכֵּיהֶם מִשֶּׁל צִּבּוּר, וְאֵינָן טְעוּנוֹת סְמִיכָה. אֲבָל מְקוֹם שֶׁנֶּאֱמַר 'הוּא עַצְמוֹ יִקְרַב עוֹלָה', אוֹ 'יָבִיא בְּדָמָיו עוֹלָה' - הֲרֵי זוֹ טְעוּנָה סְמִיכָה, וּנְסָכֶיהָ מִשֶּׁלּוֹ.
6The offspring born to an animal selected as a tithe offering, the offspring of an animal to which the holiness of a tithe offering was transferred,24 and the offspring of an animal to which the holiness of a firstborn animal was transferred, and the offspring of their offspring until the end of time should not be offered. Instead, they should be allowed to pasture until they contract a disqualifying blemish and then they should be eaten according to the laws applying to a blemished firstborn animal and tithe offering.25ווְלַד הַמַּעֲשֵׂר, וּוְלַד תְּמוּרַת הַמַּעֲשֵׂר, וּוְלַד תְּמוּרַת הַבְּכוֹר, וּוַלְדוֹת וַלְדוֹתֵיהֶן עַד סוֹף הָעוֹלָם - הֲרֵי אֵלּוּ לֹא יִקְרְבוּ, אֶלָא יִרְעוּ עַד שֶׁיִּפֹּל בָּהֶן מוּם, וְיֵאָכְלוּ כִּבְכוֹר וּכְמַעֲשֵׂר שֶׁנָּפַל בָּהֶן מוּם.
The offspring of an animal to which the holiness of a firstborn animal was transferred26 belongs to the priest.27 The offspring of an animal selected as a tithe offering28 and the offspring of an animal to which the holiness of an animal designated as a tithe offering was transferred belong to the owner.וַלְדוֹת תְּמוּרַת הַבְּכוֹר, לַכּוֹהֵן; וּוַלְדוֹת מַעֲשֵׂר וּתְמוּרָתוֹ, לִבְעָלָיו.
7The laws that apply to the offspring of an animal to which the holiness of a Paschal sacrifice was transferred are the same as those applying to an animal to which the holiness of a Paschal sacrifice was transferred itself.29 If its mother should be sacrificed as a peace-offering,30 its offspring should {also be offered as a peace-offering. If the law was that the mother should be allowed to pasture until it contracts a blemish and then be sold and the proceeds used to purchase a peace-offering,31 this same law applies to its offspring.זוְלַד תְּמוּרַת הַפֶּסַח, כִּתְמוּרַת הַפֶּסַח: אִם הָיְתָה אִמּוֹ קְרֵבָה שְׁלָמִים - וְלָדָהּ יִקְרַב שְׁלָמִים; וְאִם הָיָה דִּינָהּ שֶׁתִּמָּכֵר וְיָבִיא בְּדָמֶיהָ שְׁלָמִים - אַף וְלָדָהּ נִמְכָּר, וְיָבִיא בְּדָמָיו שְׁלָמִים.
If one designated a female for one’s Paschal sacrifice32 and it gave birth or he designated it for that sacrifice while pregnant, it and its offspring should be allowed to pasture until they contract a disqualifying blemish and a Paschal sacrifice should be brought with the proceeds of their sale.33הִפְרִישׁ נְקֵבָה לְפִסְחוֹ וְיָלְדָה, אוֹ שֶׁהִפְרִישָׁהּ מְעֻבֶּרֶת - הִיא וּוְלָדָהּ יִרְעוּ עַד שֶׁיִּפֹּל בָּהֶן מוּם, וְיָבִיא בִּדְמֵיהֶן פֶּסַח.
If this female remained unblemished until after Pesach or it gave birth after Pesach, it and its offspring should be allowed to pasture until they contract a disqualifying blemish and a peace-offering should be brought with the proceeds of their sale.וְאִם נִשְׁאֲרָה נְקֵבָה זוֹ עַד אַחַר הַפֶּסַח, אוֹ שֶׁיָּלְדָה אַחַר הַפֶּסַח - תִּרְעֶה הִיא וּוְלָדָהּ עַד שֶׁיִּפֹּל בָּהֶן מוּם, וְיָבִיא בִּדְמֵיהֶן שְׁלָמִים.
8When the offspring of sacrificial animals were born through Caesarian section, as a tumtum,34 an androgynus,35 a hybrid, or a tereifah,36 they should be redeemed37 and a sacrificial animal that is fit to be brought with the money from the sale of these offspring should be brought.חוַלְדוֹת הַקֳּדָשִׁים שֶׁיָּצְאוּ דֶּרֶךְ דֹּפֶן, אוֹ שֶׁיָּלְדוּ טֻמְטוּם וְאַנְדְּרֹגִּינוֹס, וְכִלְאַיִם, וּטְרֵפָה - הֲרֵי אֵלּוּ יִפָּדוּ, וְיָבִיא בִּדְמֵיהֶן קָרְבָּן הָרָאוּי לְהָבִיא בִּדְמֵי וְלַד שֶׁל זוֹ.
9The offspring of a blemished consecrated animal38 is like the offspring of an unblemished consecrated animal in all respects and it should be offered in the appropriate manner.39טוְלַד בַּעֲלַת מוּם - הֲרֵי הוּא כְּוְלַד הַתְּמִימָה לְכָל דָּבָר, וְיִקְרַב כָּרָאוּי לוֹ.
10When a consecrated animal discharges a stillborn animal or a placenta,40 it should be buried and it is forbidden to benefit from it.41יקֳדָשִׁים שֶׁהִפִּילוּ נֵפֶל אוֹ שִׁלְיָא - יִקָּבְרוּ, וַהֲרֵי הֵן אֲסוּרִין בַּהֲנָאָה.
11A person who changes the purpose for which an article was consecrated from one holy purpose to another42 violates a prohibition.43 This is derived from Leviticus 27:26 which states with regard to a firstborn animal: “A person may not consecrate it,” i.e., he may not designate it as a burnt-offering or a peace-offering.44יאהַמְּשַׁנֶּה אֶת הַקֳּדָשִׁים מִקְּדֻשָּׁה לִקְדֻשָּׁה - עוֹבֵר בְּלֹא תַעֲשֶׂה, שֶׁנֶּאֱמַר בַּבְּכוֹר "לֹא יַקְדִּישׁ אִישׁ אֹתוֹ" (ויקרא כז, כו) - שֶׁלֹּא יַעֲשֶׂנּוּ עוֹלָה וְלֹא שְׁלָמִים.
The same applies to other consecrated animals.45 They may not be changed to a purpose other than that for which they were originally consecrated. This applies both to animals consecrated for the altar and animals consecrated for the improvement of the Temple.46וְהוּא הַדִּין לִשְׁאָר הַקֳּדָשִׁים, שֶׁאֵין מְשַׁנִּין אוֹתָן מִקְּדֻשָּׁה לִקְדֻשָּׁה - אֶחָד קָדְשֵׁי מִזְבֵּחַ, וְאֶחָד קָדְשֵׁי בֶּדֶק הַבַּיִת.
What is implied? If an article was consecrated for the improvement of the Temple Sanctuary, it should not be changed and the money used for the improvement of the altar. Similar laws apply in all analogous situations. One is not liable for lashes for the violation of this prohibition.47כֵּיצַד? אִם הִקְדִּישׁ לְבֶדֶק הַהֵיכָל, לֹא יְשַׁנֶּה לְבֶדֶק הַמִּזְבֵּחַ. וְכֵן כָּל כַּיוֹצֵא בְּזֶה. וְאֵין לוֹקִין עַל לָאו זֶה.
12What clever technique48 can be used with regard to a firstborn to consecrate it to the altar for another sacrifice?49 One may consecrate it in its mother’s womb, before it is born. This is derived from Leviticus 27:26: “which will become a firstborn for God among the livestock—a man shall not consecrate it.” Implied is that when it is born, one may not consecrate it, but one may consecrate it in its mother’s womb.50יבכֵּיצַד מַעְרִימִין עַל הַבְּכוֹר לְהַקְדִּישׁוֹ לַמִּזְבֵּחַ הֶקְדֵּשׁ אַחֵר? מַקְדִּישׁוֹ בַּבֶּטֶן קֹדֶם שֶׁיִּוָּלֵד, שֶׁנֶּאֱמַר "אֲשֶׁר יְבֻכַּר לַה'... לֹא יַקְדִּישׁ אִישׁ אֹתוֹ" (ויקרא כז, כו) - מִשֶּׁיְּבֻכַּר אִי אַתָּה מַקְדִּישׁוֹ, אֲבָל אַתָּה מַקְדִּישׁוֹ בַּבֶּטֶן.
Therefore one may say: “If the fetus in the womb of this cow that has not given birth previously is male, it is consecrated as a burnt-offering.”לְפִיכָךְ יֵשׁ לוֹ לוֹמַר 'מַה שֶׁבְּמֵעֶיהָ שֶׁל מְבַכֶּרֶת זוֹ, אִם הוּא זָכָר, הֲרֵי זֶה עוֹלָה'.
He may not, however, designate it as a peace-offering, for he cannot remove it from the holiness of the firstborn in order to benefit from it.51אֲבָל אֵינוֹ יָכוֹל לוֹמַר 'זִבְחֵי שְׁלָמִים' - שֶׁאֵינוֹ מַפְקִיעַ אוֹתוֹ מִקְּדֻשָּׁתוֹ כְּדֵי לֵהָנוֹת בּוֹ.
If one said:52 “It should be a burnt-offering when the majority of its head emerges,”53 it is a firstborn and not a burnt-offering.54וְאִם אָמַר עִם יְצִיאַת רֹב רֹאשׁוֹ 'יהְיֶה עוֹלָה' - הֲרֵי זֶה בְּכוֹר, וְאֵינוֹ עוֹלָה.
13One may not use a clever technique to change the fetus of a consecrated animal to another purpose. Instead, it is consecrated with the holiness of its mother. The rationale is that the offspring of a consecrated animal becomes consecrated in the womb, as we explained.55 Thus every fetus is consecrated with the holiness of its mother and its holiness cannot be changed in the womb as one may with regard to a firstborn animal. The rationale is that a firstborn animal becomes consecrated only when it emerges from the womb.56יגוְאֵין מַעֲרִימִין עַל בֶּהֱמַת הֶקְדֵּשׁ לְהַקְדִּישׁ עֻבָּרָהּ קְדֻשָּׁה אַחֶרֶת, אֶלָא הֲרֵי הוּא בִּקְדֻשַּׁת אִמּוֹ; שֶׁוַּלְדוֹת הַקֳּדָשִׁים מִמְּעֵי אִמָּם הֵם קֳדָשִׁים, כְּמוֹ שֶׁבֵּאַרְנוּ, וַהֲרֵי כָּל עֻבָּר מֵהֶן בִּקְדֻשַּׁת אִמּוֹ, וְאֵינוֹ יָכוֹל לְשַׁנּוֹתוֹ בַּבֶּטֶן כְּדֶרֶךְ שֶׁעָשָׂה בַּבְּכוֹר - שֶׁהַבְּכוֹר, בִּיצִיאָתוֹ הוּא שֶׁמִּתְקַדֵּשׁ.
Although all of the statutes of the Torah are decrees, as we explained in the conclusion of Hilchot Me’ilah, it is fit to meditate upon them and wherever it is possible to provide a reason, one should provide a reason.57 The Sages of the early generations said58 that King Solomon understood most of the rationales for all the statutes of the Torah.אַף עַל פִּי שֶׁכָּל חֻקֵּי הַתּוֹרָה גְּזֵרוֹת הֵם, כְּמוֹ שֶׁבֵּאַרְנוּ בְּסוֹף מְעִילָה, רָאוּי לְהִתְבּוֹנֵן בָּהֶן, וְכָל שֶׁאַתָּה יָכוֹל לִתֵּן לוֹ טַעַם תֶּן לוֹ טַעַם. הֲרֵי אָמְרוּ חֲכָמִים הָרִאשׁוֹנִים, שֶׁהַמֶּלֶךְ שְׁלֹמֹה הֵבִין רֹב הַטְּעָמִים שֶׁל כָּל חֻקֵּי הַתּוֹרָה.
It appears to me59 that the verse Leviticus 27:10: “It and the animal to which its holiness will be transferred shall be consecrated” shares a similar motivating rationale as the verse ibid.:15: “If the one who consecrates it shall redeem his house, he shall
add a fifth of the money of the redemption valuation to it.”
יֵרָאֶה לִי שֶׁזֶּה שֶׁאָמַר הַכָּתוּב "וְהָיָה הוּא וּתְמוּרָתוֹ יִהְיֶה קֹּדֶשׁ" (ויקרא כז, י; ויקרא כז, לג), כְּעִנְיַן שֶׁאָמַר "וְאִם הַמַּקְדִּישׁ יִגְאַל אֶת בֵּיתוֹ וְיָסַף חֲמִישִׁית כֶּסֶף עֶרְכְּךָ עָלָיו" (ויקרא כז, טו).
The principle behind these laws is that the Torah descended to the depths of a person’s thoughts and the scope of his evil inclination. For it is human nature to tend to increase one’s property and attach importance to his money. Even though one made a vow or consecrated something, it is possible that he will reconsider, change his mind, and redeem it for less than its worth. Hence the Torah states: “If he redeems it for himself, he must add a fifth.”יָרְדָה תּוֹרָה לְסוֹף מַחֲשֶׁבֶת הָאָדָם, וּקְצַת יִצְרוֹ הָרַע - שֶׁטִּבְעוֹ שֶׁל אָדָם נוֹטֶה לְהַרְבּוֹת קִנְיָנוֹ, וְלָחוּס עַל מְמוֹנוֹ, וְאַף עַל פִּי שֶׁנָּדַר וְהִקְדִּישׁ, אֶפְשָׁר שֶׁחָזַר בּוֹ וְנִחַם וְיִפְדֶּה בְּפָחוֹת מִשָּׁוְיוֹ, אָמְרָה תּוֹרָה: אִם פָּדָה לְעַצְמוֹ, יוֹסִיף חֹמֶשׁ.
Similarly, if he consecrated an animal in a manner that its physical person becomes consecrated, he might reconsider. In this instance, since he cannot redeem it,60 he will exchange it for a lesser one. If he was given permission to exchange a superior animal for an inferior one, he will exchange an inferior one for a superior one and claim that it was superior.וְכֵן אִם הִקְדִּישׁ בְּהֵמָה קְדֻשַּׁת הַגּוּף, שֶׁמָּא יַחְזֹר בּוֹ, וְכֵיוָן שֶׁאֵינוֹ יָכוֹל לִפְדּוֹתָהּ, יַחְלִיפֶנָּה בִּפְחוּתָה מִמֶּנָּה, וְאִם תִּתֵּן לוֹ רְשׁוּת לְהַחְלִיף הָרַע בַּיָּפֶה, יַחְלִיף הַיָּפֶה בָּרַע וְיֹאמַר 'טוֹב הוּא'.
Therefore, the Torah removed that option, forbidding all exchanges and penalized him that if he made an exchange, “It and the animal to which its holiness will be transferred shall be consecrated.”לְפִיכָךְ סָתַם הַכָּתוּב בְּפָנָיו, שֶׁלֹּא יַחְלִיף, וּקְנָסוֹ אִם הִחְלִיף, וְאָמַר "וְהָיָה הוּא וּתְמוּרָתוֹ יִהְיֶה קֹּדֶשׁ" (ויקרא כז, י; ויקרא כז, לג).
All of these ordinances are to subjugate one’s evil inclination and improve one’s character. Similarly, most of the Torah’s laws are nothing other61 than “counsels given from distance”62 from “He Who is of great counsel”63 to improve one’s character and make one’s conduct upright. And so it is written Proverbs 22:20-21: “Behold, I have written for you in the Torah64 prominent matters, to inform you of the veracity of the words of truth, so that you will respond truthfully to those who send to you.”וְכָל אֵלּוֹ הַדְּבָרִים כְּדֵי לָכֹף אֶת יִצְרוֹ וּלְתַקֵּן דֵּעוֹתָיו. וְרוֹב דִינֵי תּוֹרָה אֵינָן אֶלָא עֵצוֹת מֵרָחוֹק מִגְּדוֹל הַעֵצָה לְתַקֵּן הַדֵּעוֹת וּלְיַשֵּׁר כָּל הַמַּעֲשִׂים. וְכֵן הוּא אוֹמֵר "הֲלֹא כָתַבְתִּי לְךָ שָׁלִשִׁים בְּמֹעֵצוֹת וָדָעַת, לְהוֹדִיעֲךָ קֹשְׁטְ אִמְרֵי אֱמֶת, לְהָשִׁיב אֲמָרִים אֱמֶת לְשֹׁלְחֶיךָ" (משלי כב, כ-כא).
Blessed be the Merciful One Who grants assistance.בְּרִיךְ רַחְמָנָא דְּסַיְּעַן.
This concludes the ninth book which is the Book of Sacrifices.נִגְמַר סֵפֶר תְּשִׁיעִי, וְהוּא סֵפֶר הַקָרְבָּנוֹת.
It includes 6 Halachot and 45 chapters.
They are:
הִלְכוֹתָיו שִׁשָׁה, וּפְּרָקָיו חֲמִשָּׁה וְאַרְבָּעִים, וְאֵלוּ הֵן:
The Laws of the Paschal Sacrifice: 10 chaptersהִלְכוֹת קָרְבַּן פֶּסַח, עֲשָׂרָה פְּרָקִים;
The Laws of Festive Sacrifices: 3 chaptersהִלְכוֹת חֲגִיגָה, שְׁלוֹשָׁה פְּרָקִים;
The Laws of the Firstborn Offering: 8 chaptersהִלְכוֹת בְּכוֹרוֹת, שְׁמוֹנָה פְּרָקִים;
The Laws of the Sacrifices Offered to Atone for Inadvertent Transgressions: 15 chaptersהִלְכוֹת שְׁגָגוֹת, חֲמִשָּׁה עָשָׂר פְּרָקִים;
The Laws of the Sacrifices Brought by those Requiring Atonement: 5 chaptersהִלְכוֹת מְחֻסְּרֵי כַּפָּרָה, חֲמִשָּׁה פְּרָקִים;
The Laws of the Transfer of Holiness: 4 chaptersהִלְכוֹת תְּמוּרָה, אַרְבָּעָה פְּרָקִים.

Quiz Yourself on Terumah Chapter 4

Footnotes
1.

I.e., it is not necessary to wait until they become blemished and then have them redeemed. Instead, they themselves should be offered as peace-offerings, according to all the relevant laws.

2.

The forty loaves that are brought together with a thanksgiving-offering (see Hilchot Ma’aseh HaKorbanot 9:17-19).

3.

Chapter 3, Halachah 1; Hilchot Pesulei HaMukdashim 12:8.

4.

The fact that the consecrated animals were left unsacrificed for enough time for them to produce offspring and for their offspring to produce offspring. Why would he desire to do this? So that the sacrificial animal would produce other sacrificial animals for him to offer. In the interim, however, he would be transgressing the commandment (see Hilchot Ma’aseh HaKorbanot 14:13) against delaying the offering of sacrifices [the Rambam’s Commentary to the Mishnah (Temurah 3:1)].
In the original text of the Rambam’s Commentary to the Mishnah (Temurah 3:1, preserved in the standard version of that text), he ruled that even the offspring of the offspring of a peace-offering should be brought as a sacrifice. In his revision of his text (as presented by Rav Kapach in his translation), the Rambam changed his mind and ruled as above.

5.

As evident from Hilchot Pesulei HaMukdashim 4:6, this refers to the offspring of an animal consecrated as a sin-offering that became pregnant after the mother was consecrated for that purpose. If the mother was consecrated while pregnant, the animal is not consigned to death.

6.

For even an animal to which the holiness of a sin-offering is transferred is consigned to death.

7.

As explained in ibid. 4:1, the intent is not that “one should kill them with a utensil or by hand. Instead, they should be brought into a room, locked inside, [and left] until they die.”

8.

We are speaking about a sheep or a goat whose ordinary period of gestation is five months. Since the fetus has not completed a full term pregnancy, it is still considered as a limb of the mother and permitted to be eaten because of its mother’s slaughter. Implied, however, is that if the animal had been carried for a full term pregnancy, this leniency would not be granted.

9.

Even ritual slaughter is not necessary, as stated in Hilchot Shechitah 5:14.

10.

I.e., it must be eaten in the Temple Courtyard, by males of the priestly family, on the day the mother was offered and on the following night.

11.

See Hilchot Ma’aseh HaKorbanot 1:19.

12.

I.e., the money is used to buy animals that are offered as burnt-offerings at a time when the altar is not being used. See the following halachah.

13.

I.e., there is no need to wait until it is blemished and have it redeemed and then purchase another animal. The only reason that it is required to pasture until it becomes blemished is because we are afraid that if it were to be offered it would be offered as a guilt-offering instead of the animal originally selected. Once that offering has been brought, there is no reason why it should not be offered itself (Temurah 20b).
The Ra’avad objects to this ruling, noting that the offspring of an animal consecrated as a burnt-offering is not offered as a burnt-offering and asks why this instance should be any different. The Kessef Mishneh and Rav Yosef Corcus distinguish between the two explaining that when one consecrates a female as a burnt offering, the animal that was consecrated is not fit to be offered (for burnt-offerings are brought only from males). Hence, its offspring should also not be offered. This same logic applies with regard to the offspring of a female set aside as a guilt-offering (as stated in the following clause). In this instance, by contrast, the animal consecrated as a guilt-offering could have been offered. The offspring came from the animal to which its holiness was transferred. Since the animal originally set aside could have been offered, the offspring in question can also be offered.

14.

Guilt-offerings may be brought only from males.

15.

A ram is more valuable than a ewe and it is likely that both animals would have to be sold to purchase it.

16.

For, as stated above, an animal (as opposed to a fowl) may be offered as a burnt-offering only if it is male.

17.

Temurah 17b derives this concept from the exegesis of Deuteronomy 12:26-27. As stated above, this does not represent a contradiction to rulings regarding similar animals, because in this instance, the animal that was originally consecrated could be offered as a sacrifice.
In Halachah 1, it was stated that the offspring of the offspring of an animal to which the holiness of a peace-offering was transferred should not be offered as a sacrifice as a safeguard, lest the person raise herds of sacrificial animals and benefit from their meat when offering them. The Sages did not institute such a safeguard in this instance, because here we are speaking of animals consecrated as burnt-offerings. They are consumed entirely by the altar’s pyre and the person does not derive any material benefit from bringing them (Lechem Mishneh).

18.

The offspring itself should not be offered as a sacrifice, because in this instance, the animal that was originally consecrated could not be offered as a sacrifice.

19.

Hilchot Ma’aseh HaKorbanot 3:7; see also Hilchot Shekalim 2:3; 3:14.

20.

Ibid. 2:2.

21.

The wine, oil, and meal brought to accompany a burnt-offering, as described in Hilchot Ma'aseh HaKorbanot, ch. 2.

22.

Laying one’s hands on the sacrificial animal, as described in ibid. 9:6-7.
Once the person places the money in the chest for the freewill offering, it is no longer considered as his personal property, but as the property of the community. Hence, he is not the owner of the sacrifices and may not perform semichah on them. For that same reason, the community brings the accompanying offerings.

23.

Because it is considered as his personal sacrifice.

24.

For even an animal to which the holiness of a tithe offering itself was transferred is not offered, as stated in Chapter 3, Halachah 1.

25.

See Hilchot Becharot 1:3; 6:4.

26.

The Rambam does not mention the offspring of the firstborn, because only males are consecrated as firstborn offerings. That factor also explains why the offspring of an animal to which the holiness of a firstborn is transferred is not offered. Since there is no precedent for the offspring of such an animal being offered, we do not offer the offspring of the animal to which its holiness was transferred.

27.

For the firstborn animal is the property of a priest, not of the owner of its mother. See Chapter 3, Halachah 2, and notes.

28.

Which could be a female.

29.

See Chapter 3, Halachah 1; see also Hilchot Karban Pesach 4:4,6.

30.

Because the transfer of holiness was performed after noon.

31.

Because the transfer of holiness was performed before noon.

32.

An error, for the Paschal sacrifice may only be a male.

33.

One might think that the mother and the offspring themselves should be brought as peace-offerings, for an animal consecrated as a Paschal sacrifice at any other time of year should be brought as a peace-offering. Nevertheless, since at the time this animal was consecrated, it was inherently unfit to be sacrificed, it is never sacrificed itself (Kiryat Sefer). See also the commentary to Hilchot Karban Pesach 4:4.

34.

An animal whose gender is masked by a wall of flesh.

35.

An animal with both male and female genital organs.

36.

An animal that will die within a twelve month period. Although a sacrificial animal that is tereifah should not be redeemed (Hilchot Issurei Mizbeiach 2:10), it is possible to differentiate between an animal that was deemed a tereifah after it was consecrated and one that was born as a tereifah (Or Sameiach).

37.

They can be redeemed immediately; there is no need to wait until they contract a disqualifying blemish, for they are unfit for sacrifice in their present state. Although these offspring are unfit for sacrifice, since they are born from consecrated animals, the value of the offspring is consecrated and should be used to purchase offerings.

38.

This is speaking about an animal that was unblemished (or possessing only a temporary blemish) when it was consecrated. Hence, its actual physical person was consecrated and a fetus which it conceives becomes consecrated. If, however, it was blemished at the time it was originally consecrated, only its worth is consecrated and a fetus that it conceives is not (Hilchot Issurei Mizbeiach 1:11).

39.

Even though its mother is not fit to be sacrificed, the offspring may be sacrificed.

40.

Even though the fetus is not seen, we follow the principle: “There will not be a placenta if there is no fetus” (Rashi, Temurah 33a) and we assume that there was a fetus and some of its substance was absorbed by the placenta.

41.

Because the offspring is considered as a consecrated animal in its own right.

42.

The first clause speaks about attempting to change the designation of an animal for sacrifice, e.g., he says concerning a burnt-offering, “This is a peace-offering.” The second clause involves changes the designation of other consecrated articles.

43.

Sefer HaMitzvot (negative commandment 107) and Sefer HaChinuch (mitzvah 356) consider this prohibition as one of the 613 mitzvot of the Torah.

44.

If a person endeavors to transfer the holiness of an animal in this manner, his actions are not effective and it remains consecrated for the original purpose (Sefer HaMitzvot, op. cit.).

45.

The Sifri notes that the words before the portion of the verse cited as the prooftext are “to God in the animal.” This could be interpreted as implying that the prohibition applies to any animal consecrated unto God.

46.

The Ra’avad differs on this point and maintains that the prohibition applies only to animals consecrated as sacrifices. In that instance, there is a difference whether the animal was consecrated for one sacrifice or another, because each of the sacrifices is bound by distinct rules. With regard to articles consecrated for different purposes in the Temple, by contrast, their fundamental status and the laws applying to them are the same. Therefore, there is no reason why one cannot change them from one purpose to another.
The Kessef Mishneh explains that perhaps the Rambam’s words could be interpreted as meaning that one cannot change an article consecrated for a purpose of a higher level of holiness to one involving a lower level. One may, he maintains, change from a lower purpose to a higher one. Rav Yosef Corcus does not, however, accept this interpretation of the Rambam’s words.

47.

The Kessef Mishneh (and the Sefer HaChinuch, loc. cit.) states that one is not liable for lashes because a deed is not involved, (for speech is not considered as a deed). Rashi (Temurah 32a) explains that he is not liable, because his attempt at changing the purpose for which the article was originally consecrated was not effective and its original purpose remained.

48.

In his Commentary to the Mishnah (Temurah 5:1), the Rambam emphasizes that it is permitted to employ such a technique. Doing so is not considered as deceiving God.

49.

A firstborn animal is inherently holy and must be offered as a sacrifice. However, it may not be offered immediately and is eaten by the priests. Hence, a person may desire to save himself the difficulty of caring for the animal.

50.

I.e., it acquires the holiness of a firstborn animal only when it is born (see the following halachah). Hence, before then, one may consecrate it for another purpose.

51.

A burnt-offering is offered on the altar entirely. Major portions of a peace-offering, by contrast, are given to the owner of the sacrifice to eat together with the members of his household.

52.

Before the animal gave birth with the intent that his words take effect when the animal gives birth.

53.

Once the majority of its head emerges, it is considered to have been born. See Hilchot Bikkurim 11:15 where this concept is applied in another context. The question is thus: At the time it emerges from the womb, it can be consecrated for either of two purposes: as a burnt-offering, as desired by the owner or as a firstborn, as it would be had no statement been made. There is room to say that since a burnt-offering has a higher level of holiness - as evidenced by the fact that it is consumed entirely on the altar - the consecration for that purpose should prevail.

54.

Temurah 25a explains the rationale: “When the words of the student (the person desiring to consecrate the animal) are weighed against the words of the Master (God Who ordained that the firstborn should be consecrated as a firstborn offering), Whose words should be heeded?”

55.

Halachah 3 above.

56.

As stated in Halachah 12 and in Hilchot Bechorot 2:14.

57.

Berachot 33b records a difference of opinion which revolves around the issue of whether the mitzvot of the Torah are decrees to be followed without concern for their rationales or whether they are motivated by reasons that can be understood intellectually. In his Guide to the Perplexed, Vol. III, chs. 46-48, the Rambam explains that he follows the approach which maintains that there are motivating rationales for all of the Torah’s decrees.
The commentaries have noted that in Hilchot Tefilah 9:7 and in his Commentary to the Mishnah (Berachot 5:3) the Rambam follows the other approach. From the statements here, it can be explained that the Rambam does not see the two approaches as mutually exclusive. God’s statutes are expressions of His will and must be observed regardless of whether or not we understand them. Nevertheless, as His will is filtered through the medium of intellect, we can appreciate motivating rationales. These we should seek to understand and use as tools to enhance our characters.

58.

Eruvin 21b; Bamidbar Rabbah, the beginning of Parshat Chukat.

59.

This expression indicates a concept which the Rambam derived through a process of deduction without relying on an explicit statement in a prior Rabbinic source.

60.

Because an animal consecrated as a sacrifice that it not blemished may not be redeemed (Hilchot Issurei Mizbeiach 2:6; 3:10).

61.

Rav Yosef Corcus and others object to the wording “nothing other.” They agree that all of the Torah’s laws and ordinance will lead to the refinement of a person’s character and guide him in a path of ethical perfection. Nevertheless, they explain, this is not the ultimate purpose of the Torah and its mitzvot. We fulfill the Torah out of obedience to God’s will for reasons that only He knows. Nonetheless, as a by-product of our observance, our personalities are enhanced and shaped by God’s will.

64.

The bracketed additions and the interpretation of the verse are based on the glosses, Metzudot David and Metzudot Tzion.

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.
Download Rambam Study Schedules: 3 Chapters | 1 Chapter | Daily Mitzvah
Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.
Vowelized Hebrew text courtesy Torat Emet under CC 2.5 license.
The text on this page contains sacred literature. Please do not deface or discard.