Negative Commandment 106 (Digest)
Exchanging an Animal Designated for Sacrifice for Another
"He shall not exchange it or transfer it"—Leviticus 27:10.
It is forbidden to exchange an animal designated for sacrifice for another animal; i.e., to attempt to transfer the holiness from one animal to another.
The 106th prohibition is that we are forbidden from exchanging an animal that has been designated for a sacrifice [with another animal]. This is called Temurah.
The source of this prohibition is G‑d's statement (exalted be He), "One may not exchange it nor offer a substitute for it."
This prohibition is mentioned separately regarding ma'aser [of cattle]. The reason [for the apparent repetition] is given in the Sifra: "Ma'aser was already included in the general prohibition. Why did it need to be mentioned separately? In order to compare [the general prohibition] to it: just as ma'aser, for which exchanging is forbidden, is kadshei mizbe'ach, so too the only animals that are covered by the prohibition, 'One may not exchange it' are only kadshei mizbe'ach [and not kadshei bedek habayis]."
One who transgresses this prohibition is punished by lashes.
The details of this mitzvah are explained in tractate Temurah.
Positive Commandment 87 (Digest)
The Sanctity of an "Exchanged" Animal
"Both it and its substitute shall be holy"—Leviticus 27:10.
In the event that someone exchanges an animal designated for sacrifice with another animal – i.e., he attempts to transfer the holiness from one animal to another – the animal upon which holiness was transferred becomes holy, [also] designated for sacrifice.
The 87th mitzvah is that an animal that has been designated as a substitute [for a sanctified animal] itself becomes sanctified.
The source of this commandment is G‑d's statement, "[If he replaces one animal with another,] both the original animal and its replacement shall be sanctified."
Our Sages said explicitly in tractate Temurah that G‑d's statement (exalted be He), "no substitutions may be made" is a lav she'nitak l'aseh (a prohibition with a remedial positive commandment): [after the statement is made that lashes are never given for a lav she'nitak l'aseh, the Gemara asks,] "But what about Temurah, which is a lav she'nitak l'aseh [and the punishment is still lashes]!"
There, the Gemara elaborates on the reason why Temurah is punished by lashes even though it is a lav she'nitak l'aseh: "One positive commandment cannot outweigh two prohibitions." This means that the prohibition of Temurah is said twice: [1] "one may not exchange it," [2] "nor offer a substitute for it." However, there is only one positive command: "both the original animal and its replacement shall be consecrated."
We have therefore explained what we set out to do [i.e., to prove that this counts as a positive mitzvah].
The details of this mitzvah — when the substitution is binding and when it is not, what is its status, and how it is sacrificed — are explained in tractate Temurah.
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