019b אלו קדשים פרק שלישי תמורה יט ע"ב – EILU KODOSHIM CHAPTER THREE TEMURAH

Amar R' Yosei bar R' Chanina: And R' Eliezer concedes regarding one who designates a female for an asham^[1], that its offspring is not offered as an asham.

Obviously.

Here R' Eliezer said [his view] only regarding one who designates a female for an olah, because the name olah applies to its mother^[2].

But regarding one who designates a female for an asham, where the name asham does not apply to its mother, even R' Eliezer concedes that it is not offered as an asham.

ליכא שם אשם על אמו - Because a female asham is never found, the name asham does not apply to it.

If not for the teaching, I would have said that R' Eliezer's reason is not because the name olah applies to its mother, but because the offspring is fit for offering.

But this one too is fit for offering^[3]; it teaches us [that it is nevertheless not offered as an asham].

והאי נמי חזי להקרבה - And [its offspring] should be offered as an asham.

קמ"ל - It teaches that R' Eliezer's reason is that the name olah applies to its mother, and here the name asham does not apply to its mother.

If so, since it teaches that the offspring of an asham is not offered as an asham, we should learn that the offspring of an olah is not offered as an olah, and the same for an asham.

אי הכי - If so, his reason is the mother's name. The Gemara should teach us, R' Yosei bar R' Chanina, that its offspring is not offered as an olah, since the name olah does not apply to its mother; it is called an asham. And it is clear that it is not offered as an asham; so for an olah, whose mother turns into olah value, we say it is not offered as an olah, and all the more so an asham, whose mother is neither olah nor asham.

If it taught only olah, I would have said that the olah itself is not offered, because the fetus was not sanctified with its mother's sanctity.

But for an asham, I would have said that the offspring is offered as an asham; it teaches us otherwise.

Mishnah: If one designates a female for an asham, it grazes until it becomes blemished and is sold^[4], and he brings an asham with its money; and if its asham was offered, its value falls to a freewill offering^[5].

R' Shimon says: it is sold while unblemished^[6].

And why do I need [the words] 'until it becomes blemished, and is sold'?

Since it is not fit for the purpose, this is [what is meant by] a blemish^[7].

Rav Yehuda said in the name of Rav: The reason we say, by the argument^[8]: since the sanctity of value^[9] fell on it, the sanctity of the body also falls on it.

גמ' נחתא לה נמי קדושת הגוף - That is for this matter, which requires a blemish.

Rava said: This shows that if one designates a male for its value, it is sanctified with body-sanctity.

זאת אומרת כו' - That means: since it requires a blemish, though it sanctifies only for value, it is evident that it is sanctified with body-sanctity. However, this one is not offered because an asham does not come from a female. That means: if one designates a male for an olah or an asham, by the argument that value-sanctity fell on it, body-sanctity falls on it; and since it is itself fit for offering, it is offered.

It was stated: one who designates a male for its value.

Rav Kahana says: it is sanctified with body-sanctity.

Rava says: it is not sanctified with body-sanctity.

And Rava retracted to the view of Rav Kahana, on the basis of what Rav Yehuda said in the name of Rav:

מדרב יהודה אמר רב - That [Rav Yehuda's statement] resolves the Mishnah, as we said, by the argument.

R' Shimon says: it is sold while unblemished^[10]:

R' Chiya bar Avin said to R' Yochanan: By the argument that since the sanctity of value fell on it, let the sanctity of the body also fall on it?

R' Shimon said to him: [this is] in accordance with his own reasoning, who says that anything not fit for its body^[11] does not receive body-sanctity.

As it was taught^[12]: [if one designated] a one-year-old asham^[13] and brought a two-year-old, or a two-year-old and brought a one-year-old, it is valid, but it does not count for the owners as an obligatory offering^[14].

אשם בן שתי שנים - An asham of robbery, misappropriation and a betrothed handmaid^[15], for which the Torah says 'ram' (Leviticus 5:19).

אשם בן שנה - An asham of a nazirite and a metzora, for which the Torah says 'lamb' (Numbers 6; Leviticus 14).

R' Shimon says: they are not sanctified at all^[16].

כל עצמן אינן קדושין - They are not sanctified at all.

But an animal that lacks its time^[17] is not fit.

And R' Shimon said: sanctity is different, since an animal that lacks its time will be fit tomorrow.

מחוסר זמן וא"ר שמעון דקדיש - As we say in Chullin, chapter Oso veEt Beno (81a), where it is taught that R' Shimon says: whoever slaughters outside [the Temple] an animal that is fit to be brought later, transgresses a prohibition.

If so, a two-year-old asham brought as a one-year-old: is it not fit for next year?

Rather, the reason of R' Shimon regarding an animal lacking its time is that he derives it from the firstborn^[18].

As it was taught: R' Shimon ben Yehuda said in the name of R' Shimon: an animal lacking its time that enters the pen to be fattened is like a firstborn.

Just as the firstborn is sanctified before its time and offered after its time.

בכור קדוש - In the womb, that is, before its time.

So too, an animal lacking its time is sanctified before its time and offered after its time.

Our Rabbis taught^[19]: one who designates a female as his olah.

לעולתו - It makes a substitution, because the name olah applies to it in the case of a bird.

אמר רבי יוסי בר' חנינא ומודה רבי אליעזר - R' Yosei bar R' Chanina said, and R' Eliezer concedes. Although regarding one who designates a female for an olah he said the offspring itself is offered as an olah, regarding one who designates a female for an asham he concedes that its offspring is not offered as an asham, even before atonement.

פשיטא עד כאן לא קאמר רבי אליעזר התם אלא גבי מפריש נקבה לעולה דאיכא שם עולה על אמו כו' - Obviously, [the Gemara] says that R' Eliezer spoke only regarding one who designates a female for an olah, because the name olah applies to its mother. Here we cannot explain it according to Rashi's second version above; we must explain it according to Rashi's first version, that the name olah applies to its mother in the case of a bird's olah. It is surprising why [the Gemara] asks 'obviously' of him. Further, above I explained that a bird's olah on its mother^[20] does not help to make the offspring fit. It seems to my teacher to explain that the name olah applies to its mother, since her end is to become an olah, so the offspring is offered as an olah like its mother; but regarding a female for an asham, if the offspring were offered as an asham, it would not be like its mother, since the mother would be pushed out of asham and become an olah. This is not a distinction between the offspring's law and its mother's law. Although above Rava concluded regarding one who designates a female for its Pesach offering, where R' Eliezer disputed the first clause, namely if she gave birth before Pesach and the offspring itself is a Pesach offering, even though the mother's end is to be shelamim, that is because the Pesach offering's remainder is offered as shelamim, and Rava counted them as one.

אדמשמע לן דאין בנה קרב אשם לישמעינן דאין בנה קרב עולה וכ"ש אשם - Since it teaches that the offspring of an asham is not offered as an asham, it teaches also that it is not offered as an olah, and all the more so not as an asham. According to Rashi: even if the name olah applies to its mother in the case of a bird's olah, all the more so an asham is not offered, since the name asham does not apply to its mother. According to Rabbeinu Ramar: even after atonement, since the mother's end is to be olah, all the more so an asham is not offered, since the mother's end is not to be asham unless the offspring is offered as asham.

רבי שמעון אומר תימכר שלא במום - And why does R' Shimon not also dispute regarding one who designates a female for an olah, and say it is sold while unblemished? According to the view in the Gemara that R' Shimon holds one who designates a female for an olah makes a substitution, but one who designates a female for an asham does not make a substitution, it is clear that he does not dispute about an asham, since an olah has more body-sanctity than an asham, and an olah makes a substitution while an asham does not. But according to R' Shimon ben Yehuda, who holds in accordance with R' Eliezer [that even an olah does not make a substitution], then also regarding an olah it is sold while unblemished; so it must be that [R' Shimon] disputes about an asham, and the same applies to an olah. The Tanna mentions the asham to teach that even so, its value falls to a freewill offering.

זאת אומרת הקדיש זכר לדמיו קדוש קדושת הגוף - Surprising: my teacher R' Shmuel asked why this differs from one who designates value of libations^[21], which in Shevuot (11a) is not sanctified with body-sanctity. Perhaps that case follows R' Shimon, who says below that anything not fit for its body does not receive body-sanctity.

אשם בן שנה והביאו בן שתים בן שתים והביאו בן שנה כשר ולא עלו לבעלים לשם חובה - Surprising, in Menachot (48a), it is taught: a disqualified sacrifice whose form was changed^[22] goes to the place of burning. Some say that the case there follows R' Shimon, who says here that all of them are not sanctified; there it was offered within the Temple, so it is like slaughtering a sacrifice of the Temple's property inside, which is disqualified. The reason the form must be changed is so they are not confused with other disqualified sacrifices that need a change of form. Rabbi Ephraim answered that here it is not for its sake, and therefore it is valid; there it is for its sake. A parallel is in Zevachim (114a), where it says that one who has a time-lacking animal is exempt, meaning if he slaughtered it outside; Rav Chelkiah bar Tuvia said: they taught this only if it was for its sake; but if not for its sake, one is liable for outside-slaughter, since it is fit inside. So where one slaughtered an asham not for its sake, it is fit inside. Still, it is difficult: since here it is not for its sake, why does it say they do not count for the owners as obligatory? Let it say they do not count because they were not for its sake. Possibly here it is after it was tethered for grazing, and there it was not tethered and the asham is disqualified.

והא מחוסר זמן דלא חזי ואמר ר"ש קדיש לגופיה - Here in Chullin, chapter Oso veEt Beno (81a), where it is taught that R' Shimon says: anything fit to come later, one who slaughters it outside transgresses.

אף מחוסר זמן קדוש לפני זמנו וקרב לאחר זמנו - Surprising, that in chapter 3 of Bechorot (21a) it is derived that sacrifices are not sanctified when lacking time, and it says in general (Zevachim 12b): night is for sanctification^[23] and day for presentation, which suggests that only the night of the eighth day is sanctified, but before that it is not. One can say that this applies to beginning: it is forbidden to sanctify a time-lacking animal; but if one transgressed and sanctified it, it is sanctified, as we derive from the firstborn. [See Tosafot Bechorot 21b s.v. 'af'.]

Notes

1. 1. Asham – the guilt-offering, brought for a specific sin (such as robbery or misappropriation) or for a doubt. It is prescribed as a ram or lamb, not as a female.
2. 2. the name olah applies to its mother – this animal was designated as an olah, so its offspring, being born of it, is treated like its mother for the purpose of offering.
3. 3. fit for offering – suitable to be offered; the offspring is a valid animal for sacrifice.
4. 4. grazes until it becomes blemished – it is pastured until a blemish develops; then it is sold and another asham is bought with its money.
5. 5. its value falls to a freewill offering – if an asham was already offered, the remaining money goes to voluntary offerings.
6. 6. while unblemished – according to R' Shimon she must be sold before she develops a blemish, so that her value buys a proper offering.
7. 7. blemish – a defect in the animal's body that disqualifies it from sacrifice. 'Becomes blemished' means it acquires such a defect.
8. 8. migu – a logical argument: if sanctity could attach to the value of the animal, it could also attach to its body.
9. 9. sanctity of value – sanctity falling on the monetary worth of the animal. Body-sanctity – sanctity falling on the animal itself.
10. 10. The Gemara repeats R' Shimon's words from the Mishnah: in his view she is sold while still unblemished. The Gemara now examines the status of her sanctity.
11. 11. anything not fit for its body – anything not fit for offering in its own right; a disqualified animal does not receive body-sanctity.
12. 12. as it was taught – a baraita, a teaching of the Tannaim not included in the Mishnah.
13. 13. an asham a year old – a one-year-old lamb is the asham of a nazirite and of a metzora; a two-year-old ram is the asham of robbery and misappropriation.
14. 14. do not count for the owners as an obligatory offering – the sacrifice is valid, but does not count for the owners as an obligatory offering, because it was brought at the wrong age.
15. 15. a betrothed handmaid – a Canaanite maidservant betrothed to a slave but not yet freed; for this sin the asham is a ram (Leviticus 19:20-22).
16. 16. not sanctified at all – the animal itself is not sanctified, since it lacks its time.
17. 17. lacking its time – an animal whose time for offering has not yet come, for example one not yet eight days old.
18. 18. the firstborn – the firstborn is sanctified from the womb and offered at its proper time; this is a proof for the case of an animal lacking its time.
19. 19. Our Rabbis taught – a further baraita on a female designated as an olah.
20. 20. a bird's olah – a burnt-offering of a bird, a dove or turtledove.
21. 21. libations (nesachim) – wine and water poured on the altar together with the offerings.
22. 22. its form is changed – a disqualified sacrifice whose form was changed is burned at the place of burning.
23. 23. night for sanctification, day for presentation – the night is for consecrating and the day for offering (Zevachim 12b).