019a אלו קדשים פרק שלישי תמורה יט ע"א – EILU KODOSHIM CHAPTER THREE TEMURAH

But in the case of the offspring of a tamurah of an asham^[1], where there is no name of olah on its mother^[2], Rabbi Eliezer agrees that the sanctity lies in its value, and the offspring itself is not offered.

אבל ולד תמורת אשם אין שם עולה על אמו - The first sanctity, from which all of them came, was set aside for an asham and offered as an asham, so neither it nor its value was an olah. Rashi reads the Yerushalmi usage: the words 'all agree' are a question, meaning why the Rabbis do not dispute the offspring of a tamurah as they dispute the offspring of an olah.

ור"א היא - But for the Rabbis it is sold; and the same applies to the offspring of the tamurah of an olah. The opening of the passage is Rabbi Eliezer's view.

תמורת עולה - The second one is [a tamurah] for that first one that was set aside; the first one set aside was a male and was offered, therefore the offspring of its tamurah is also offered.

איכא שם עולה על אמו - In the case of a bird olah, and its value also remains an olah, the sanctity descends to its body itself, since we find a parallel in birds, which are offered for this reason, so the offspring is offered. But the offspring of the tamurah of an asham has no name of olah on the first animal, the mother of all of them, which was offered as an asham; and we never find a tamurah of an asham offered as an olah. Therefore sanctity does not descend upon the tamurah but only upon its value, and for this reason the offspring is not offered.

דאיכא שם עולה על אמו - In the case of a bird olah^[3].

Abaye^[4] raised an objection: Does Rabbi Eliezer require that there be a name of olah on its mother?

But it was taught: If one set aside a female for his Pesach^[5], she shall graze until she becomes blemished^[6] and be sold, and he shall bring her money as a Pesach offering.

If she gave birth, she shall graze until she becomes blemished and be sold, and he shall bring her money as a Pesach.

If she was left over after Pesach, she shall graze until she becomes blemished, and he shall bring her money as shelamim^[7].

נשתיירה אחר הפסח כו' - Pesach in the rest of the year is [treated as] shelamim, as we said in Menachot at the end of the chapter 'Ha-todah' (Menachot 83b). She herself was not offered as shelamim. Although shelamim may be brought from females, these, since they were made unfit by sanctity and were not fit for Pesach, were also pushed away from shelamim.

If she gave birth, she shall graze until she becomes blemished and be sold, and he shall bring her money as shelamim.

ילדה - Gave birth: after Pesach.

R' Eliezer says: it itself shall be offered as shelamim.

הוא עצמו קרב שלמים - Even though there is no name of shelamim on its mother, since she was consecrated for the name of Pesach.

But here there is no name of shelamim on its mother, and yet R' Eliezer said: it shall be offered as shelamim.

Rava said to him: You say 'after Pesach'? After Pesach is different, for the surplus of the Pesach^[8] itself is offered as shelamim.

שאני אחר הפסח דמותר הפסח - For example, if one set aside a Pesach and was atoned by another, and this one was left over, it is offered as shelamim. Therefore this one left over after Pesach takes on the name of shelamim, the name of Pesach departs from it, and the name of shelamim takes hold of it; but it cannot be offered as a female, since it came from a Pesach.

If so, let us also divide the baraisa at the beginning^[9].

אי הכי - R' Eliezer's reasoning is that there is a name of shelamim on its mother. Let us also divide at the beginning: she gave birth before Pesach, and R' Eliezer would say the offspring itself is offered, since the offspring itself is offered as shelamim. For even before Pesach, if one slaughtered for Pesach with the name of shelamim it is valid, since Pesach in the rest of the year, not on the 14th of Nisan, is shelamim; therefore there is a name of shelamim on its mother.

He said to him: Yes, so it is, and they disagree.

Abaye said: They do not disagree at all, for it is a tradition^[10] that wherever the surplus goes, the offspring goes. After Pesach the surplus is offered as shelamim, and the offspring is offered as shelamim too.

אביי אמר לא פליג מידי - R' Eliezer's reasoning is not that there is a name of shelamim on its mother; his reasoning in all these cases is that we learned: wherever the surplus goes, the offspring goes. For example, if one set aside two animals for a guilt-offering, one was lost, he set aside another and was atoned by it, and the first was found: wherever that surplus goes, the offspring goes. So too regarding one who sets aside a female for an olah: the second is offered as an olah, since it is a free-will offering and both are fit, and the offspring of an olah is offered like the surplus. Regarding an asham too, the surplus of an asham is left to graze, and the offspring of the tamurah of an asham grazes too. Regarding Pesach too: after Pesach the surplus of Pesach is offered as shelamim, and the offspring is offered as shelamim; but before Pesach the surplus is fit for nothing, since two Pesachs cannot be offered, so the offspring of a Pesach too is fit for nothing, and goes after its mother, whose sanctity is for the money of Pesach, and this one too is sanctified for the money of Pesach.

But before Pesach, for what is its mother consecrated? For the money of a Pesach; and the offspring too is for the money of a Pesach.

Rav Ukva bar Chama^[11] raised an objection: Can we say that just as its mother is for money, so the offspring is for money?

But it was taught^[12]: If one set aside a female for his Pesach, she and her offspring shall graze until they become blemished and be sold, and he shall bring their money as a Pesach.

R' Eliezer says: it itself shall be offered as a Pesach.

But here, where its mother is for money, R' Eliezer said: it itself is offered as a Pesach, and we do not establish the baraisa in the case where its mother is for money.

Rabina said: We are dealing with one who set aside a pregnant animal^[13].

R' Eliezer holds like R' Yochanan, who said: If one sets aside a remainder^[14], the fetus is not a limb of its mother^[15], and the mother was not sanctified with bodily sanctity, but she was sanctified.

אם שיירו משוייר - One who consecrates a pregnant animal and sets aside its fetus for another sanctity has made a remainder, so there are two bodies. Therefore when he did not set it aside, it is not the body itself, since it is his and not from its mother's sanctity; for if it comes and [the sanctity of Pesach] takes hold upon it, its own sanctity of Pesach takes hold.

Mar Zutra son of Rav Mari said to Rabina: So too it is reasonable that we are dealing with a pregnant animal, since it taught 'she and her offspring'; learn from it.

היא וולדותיה - It implies that both were at the time of the consecration, since it does not teach 'one who sets aside a female for his Pesach: if she gave birth to a male, it shall graze,' as was taught above.

והא הכא דליכא שם שלמים על אמו - Here there is no name of shelamim on its mother: here one can well establish both versions, since there are no shelamim among birds, and at the outset she was not set aside for the name of shelamim.

אי הכי ניפלוג נמי ברישא - Rashi (the first version): she gave birth before Pesach; let R' Eliezer say the offspring itself is offered as Pesach, since there is a name of Pesach on its mother, but she cannot be offered. Here we cannot establish Rashi's first version, that a bird olah's name is on its mother, since here a female has no name of Pesach to be offered herself; so the offspring is not offered as Pesach. From here the Ramar (הרמ"ר) says that one should never say that the name of a bird olah on its mother helps to make the offspring itself fit; wherever we find this phrasing we will explain it, with God's help; and in the first Rashi he explained well.

אי הכי - I.e., if so. And if you ask, what is 'if so'? Here too one could challenge from the Mishnah explicitly: regarding one who sets aside a female for an olah and she gives birth, R' Eliezer says the offspring itself is offered as an olah, while here regarding Pesach he says it should graze. One can answer: without Rava's answer one could not challenge from the Mishnah, since there the case differs: if the offspring is offered as an olah, the name of olah is not removed from the mother, since one may always offer an olah each day; but here, if the offspring itself is offered as Pesach, the name of Pesach is removed from the mother, since one can offer only one Pesach. Therefore the offspring is not offered as Pesach, so as not to uproot it from what the mother was set aside for. But for Rava the challenge works, since he holds that because the surplus of Pesach is offered as shelamim, it counts as if there were a name of shelamim on the mother; so he should have said that for this reason the offspring itself is offered as Pesach even before Pesach, and not as Rashi explains, that we divide at the beginning and say the offspring itself is offered as shelamim before Pesach.

אביי אומר לא פליג מידי למקום שהמותר הולך שם הולד הולך - Abaye: Abaye did not explain all of R' Eliezer's words in these two places, one who sets aside a female for an olah and she gives birth, and one who sets aside a female for Pesach and she is left over. He said the offspring itself is offered: if the mother was not removed from her sanctity, her value in the case of one who sets aside a female for an olah would not be pushed out of being an olah; and in the case of one who sets aside a female for Pesach, left over, and she gave birth, if the offspring is offered, the mother is not pushed away from shelamim, since after Pesach she is fit only for shelamim. But regarding the tamurah of an asham, and likewise one who sets aside a female for Pesach and she gives birth before Pesach, R' Eliezer said the offspring should graze, since if the offspring of an asham's tamurah were offered it would push its mother away from what she was first set aside for, an asham, since one cannot offer two guilt-offerings; and likewise before Pesach, if the offspring itself is offered it pushes its mother from Pesach, since one brings only one Pesach a year. So I have heard; but the wording of the Shas is not exactly resolved by this, and Rashi also did not explain so.

Notes

1. 1. Tamurah: an animal exchanged for a consecrated animal; the substitute also becomes holy (Vayikra 27:10). The offspring of the tamurah of an asham is the young of such a substitute.
2. 2. 'Name of olah on its mother': the mother was consecrated with the name of an olah, so her offspring takes the same sanctity. Here the mother bears no olah-name, so the offspring is not offered; only its value is holy.
3. 3. A bird olah: a burnt offering of a dove or young pigeon (Vayikra 1:14-17).
4. 4. Abaye: a leading Babylonian Amora, a colleague of Rava.
5. 5. Pesach: the Paschal offering, slaughtered on the afternoon of 14 Nisan (Shemot 12; Bamidbar 9). An animal set aside for Pesach and left over after Pesach can no longer be offered as Pesach.
6. 6. Yeraeh ad sheyistaev: it grazes until it develops a blemish that disqualifies it from the altar; it is then sold, and its money is used for an offering.
7. 7. Shelamim: a peace-offering, whose meat is eaten by its owner and the kohanim (Vayikra 3; 7:11-21).
8. 8. Motar of Pesach: an animal set aside for Pesach that was left over when its owner was atoned by another animal. After Pesach it is treated as shelamim.
9. 9. At the beginning: in the first clause of the baraisa, the case where she gave birth before Pesach.
10. 10. Gemirei: learned by tradition as a halachic principle: wherever the surplus goes, the offspring goes.
11. 11. Rav Ukva bar Chama: an Amora.
12. 12. The baraisa that Rav Ukva brings as his objection.
13. 13. A pregnant animal: the fetus is not a limb (yerech) of its mother.
14. 14. If one sets aside a remainder: setting aside the fetus from the sanctified mother makes two separate bodies (R' Yochanan's view).
15. 15. Yerech imo, a limb of its mother: the fetus is not part of its mother's body, so it is not sanctified together with her automatically.