020b אלו קדשים פרק שלישי תמורה כ ע"ב – EILU KODOSHIM CHAPTER THREE TEMURAH

Where there is no asham^[1] for its mother, but in the case of a female designated for an olah^[2], where there is the name olah for its mother, even R. Shimon agrees.

דליכא שם אשם על אמו - that we do not find a female [asham].

Moreover, we have heard that R. Shimon holds that one makes a temurah^[3] for an olah.

ועוד הא אמר ר' שמעון דקדשה לגופה - for we established above that R. Shimon holds like R. Elazar b. Azariah.

עושה תמורה - that is, the sanctity of the body takes effect on it, so it must graze (the Yerushalmi's phrasing: how are females offered as shelamim? Their body is already sanctified for an olah, i.e. they must graze). As we say (Bava Kamma 78): if he wishes he may discharge himself with a bird olah; that is, a female olah.

R. Yehoshua said to him: he holds like the other tanna, according to R. Shimon,

as it is taught: R. Shimon b. Yehuda says in the name of R. Shimon: even for its olah one does not make temurah.

Mishnah: The temurah of an asham; its offspring is a temurah, and their offspring, to the end of all the world: they shall graze until they become blemished; then they are sold and their money falls to a freewill offering^[4].

מתני' תמורת אשם - Mishnah: the temurah of an asham. Whether male or female it grazes; this is a received halachah (above, 18a): whatever case where a chatat has died, the asham grazes.

ולד תמורה - e.g., if he exchanged (set apart) a female as his asham and it gave birth.

R. Eliezer says: they shall die.

And R. Eliezer says: he brings its money as olot.

An asham whose owners died and whose owners atoned^[5]: they shall graze until they become blemished, they are sold, and their money falls to a freewill offering.

R. Eliezer says: they shall die.

R. Elazar says: he brings its money as an olah.

יביא עולה - that the surplus goes to an individual's freewill offering.

But is not a freewill offering also an olah?

והלא אף הנדבה עולה היא - [asked] gently; rather, he explains and proceeds: what is the difference between them?

What is the difference between the words of R. Eliezer and the words of the Sages?

Rather: when it comes as an olah, one leans upon it^[6] and brings libations^[7], its libations from his own.

בזמן שהיא באה חובה - that it is imposed on the individual to offer it; he leans upon it, etc.

If he is a priest, its service and its skin^[8] are his.

ואם היה כהן - that is, the one who set apart the asham and atoned with another, and released the first to graze.

עבודתה ועורה - [the service and skin] of an olah that comes from the surplus.

שלו היא - that he himself offers it and takes the skin, even if he is not of the watch serving in that week. For it is taught: from where do we know that a priest may come and offer his sacrifices at any time and any hour he wishes? The verse says: and he shall come with all his soul and serve (Deut. 18:6^[9]-7). See Bava Kamma 109, end of Ha-goze'l kama.

But when it is a freewill offering, he does not lean upon it and does not bring libations on it; its libations are from the community's funds.

ולא סומך עליה - for a communal offering has no leaning, except the bull for a communal error and the scapegoat, which we learned have two leanings by the community (Menachot, ch. Shtei Midot, 92).

Even though he is a priest, its service and its skin belong to the men of the watch^[10].

ואע"פ שכהן - that is, even if he is a priest, its service and skin belong to the men of the watch, since it is a communal offering, and a priest of another watch may not offer it. As written: apart from his sales on account of the fathers; what the fathers handed one to another: I in my watch and you in yours.

And it is needed.

גמ' וצריכא - to distinguish in two respects: R. Eliezer and the Sages.

For if we had heard it only regarding an asham, R. Eliezer would say it shall die because he decreed^[11] [a prohibition] after atonement, lest [it be extended] to before atonement.

דאי אשמעינן אשם - that is, when its owners atoned, R. Eliezer says it shall die, because he decreed after atonement, since atonement was achieved through the first. If you say he brings an olah from the money of the surplus, he will come to say also before atonement: if a blemish fell on it, he will bring an olah from its money and commit a prohibited act, since as long as atonement is not achieved its money stands for the asham.

But in the case of the temurah of an asham and the temurah of its offspring, say that he concedes to the Sages.

אבל תמורת אשם - that one cannot say this, for even before atonement the temurah of an asham is not for offering; this is how it was received as a tradition.

אימא מודה - say that he concedes to the Sages. (Rashi's own words, with the Yerushalmi reference; doubtful.) For if we had heard it about the temurah alone, R. Eliezer would say: it and its offspring shall die, because of confusion, since both stand as consecrated; the temurah may come to be mistaken, and the first be put to graze while the temurah is brought as the asham. Since in the end its money is offered anyway, he does not mind if he offers it and commits two prohibitions: offering the temurah, and bringing an olah from the money of the asham while he is not yet atoned, since a temurah does not atone for him, as we say below: a thing that came through transgression does not atone for sin, and a temurah came through transgression by violating he shall not exchange it. But for an asham whose owners atoned, there is no confusion: if the first is found before the second's atonement we do not care which is offered and which grazes; say he concedes to the Sages.

And if we had heard it there, that the Sages say [it] in that case, but in the case of an asham they concede to R. Eliezer.

It is needed.

Rav Nachman^[12] said in the name of Rabba bar Avuh: the dispute is after atonement^[13], but before atonement all agree

that it itself is offered as an asham.

הוא עצמו - that the offspring of the temurah is offered as an asham if the first is lost.

Rava^[14] said: there are two answers to this.

The first: a person does not gain atonement through a thing that came through transgression^[15],

בעבירה - and a temurah transgresses he shall not exchange it (Lev. 27:10); although the temurah of an olah or shelamim is offered, these do not come for atonement.

And further: Rav Chanina taught [a beraisa] in support of R. Yehoshua b. Levi,

ורב חנינא לסיועי לר' יהושע בן לוי - above, in this chapter (18a).

who says: the first offspring is offered; the second offspring^[16] is not offered.

ולד שני אינו קרב - and this second offspring is what is called the offspring of a temurah, since it comes by the force of another.

But if it was said thus, it was said:

Rav Nachman said in the name of Rabba bar Avuh: the dispute is before atonement; but after atonement it itself is offered as an olah.

מחלוקת - the dispute concerns the offspring of a temurah before atonement, for there R. Eliezer says it shall die; for if you say it should graze, since its money is offered, it will come to confusion and be brought as the asham. And the Sages say: since it itself is not offered as an olah, it does not come to confusion. But after atonement, where there is no room to say confusion, the offspring itself is offered as an olah.

But surely Rav Chanina taught, in support of R. Yehoshua b. Levi,

[It is] difficult.

Rabbi Abin b. Chiyya asked R. Abin b. Kahana: if one set aside a female for an asham and it gave birth, may the young be offered as an olah?

Let it be settled for him from R. Yose b. R. Chanina^[17], who said: R. Eliezer concedes.

מדרבי יוסי ברבי חנינא - that said above: R. Eliezer concedes, etc.; and we learn from it that R. Eliezer's reason, regarding the offspring of one who sets apart a female for an olah, is that there is the name olah on its mother; but here, where there is no name olah on its mother, [it is] not [so].

He had not heard it. What did he say to him? 'Its offspring is offered as an olah.' What is this?

Until here, R. Eliezer only said [this] of one who sets aside a female for an olah, where there is the name olah for its mother; but in the case of an asham, where there is no name olah for its mother, even R. Eliezer concedes.

He said to him: R. Eliezer's reason is not because the name olah is on its mother,

but because it is fit to be offered^[18];

משום דחזי להקרבה - the offspring.

and this one too is fit to be offered.

He raised an objection:

איתיביה - it is a Mishnah: the temurah of an asham, etc.

[Mishnah quoted:] the offspring of it and their offspring to the end of all the world shall be brought as an olah from their money; [the Hebrew reads on: 'from their money, ein' (doubtful)].

יביא בדמיהן עולה - he used the expression of R. Elazar.

אם היה כהן עבודתה ועורה שלו - That is, if he is a priest, the one whose surplus it is, he himself offers it and the hide is his, even if he is not of the watch serving that week; for it is taught: from where do we know that a priest comes and offers his offerings at any time and any hour he wishes? The verse says: and he shall come with all his soul and serve (Deut. 18:6-7). (Rashi's words.)

אבל לפני כפרה ד"ה הוא עצמו יקרב אשם - And if you ask: is this offspring any better than its mother? For its mother is not offered as an asham, since it is a halachah given to Moses at Sinai^[19] that a temurah of an asham is not offered as an asham. And one answers: perhaps he holds that the temurah of an asham, being female, may properly be offered as an asham before atonement, since the halachah was learned only about a temurah which is itself fit for an asham, such as a male. But after atonement all surpluses go to freewill; and so he says the dispute is before atonement, since in his view the temurah's money is also offered as an olah.

אין אדם מתכפר בדבר הבא בעבירה - And a temurah comes through transgression, namely violating he shall not exchange it; and although the temurah of an olah or shelamim is offered, these do not come for atonement. (Rashi's words.)

ולד שני אינו קרב - The offspring of a temurah is like a second offspring. My teacher Rabbi Meir (הרמ"ר) asked: why does the Gemara object? Surely R. Yehoshua b. Levi says in the name of R. Shimon, while the Rabbis disagree that all offspring are offered to the end of the world? He answered that the objection is to what [the Gemara] said, 'even according to R. Eliezer'; for [the Gemara] says even for the Sages the first offspring is offered and the second is not, meaning the second is worse than the first; so for R. Eliezer, who said in the Mishnah that the first offspring is not offered, all the more so the second.

אבל גבי אשם דליכא שם עולה על אמו - Here one cannot explain 'there is no name olah on its mother' as referring to a bird olah, since there is the name olah on its mother in a bird olah. Rather, the meaning is: the initial consecration; its mother was not consecrated for the name olah, since it was consecrated for the name asham.

בדמיהן אין בעצמן לא - My teacher Rabbi Meir asks: why does [the Gemara] object? The reason here, 'it itself not', is because of confusion as above, and this reason does not apply to one who sets apart a female for an asham. My answer: it seems to me that the earlier reasons apply only to the temurah itself, but the offspring has the protection of its mother. And how can you say about one who sets apart a female for an asham that its offspring should itself be offered as an olah? So too we must explain above, where [the Gemara] objects from this Mishnah according to R. Eliezer, who said: one who sets apart a female for an olah and it gives birth, its offspring itself is offered as an olah. (Doubtful in parts.)

Notes

1. 1. An asham (guilt-offering) is in general a male animal, brought for certain sins or for doubtful ones; there is no female asham.
2. 2. Olah (burnt-offering): an offering wholly burnt on the altar; its skin goes to the priest who offers it.
3. 3. Temurah (substitution): one who consecrates an animal and exchanges it for another makes the substitute also sacred.
4. 4. Freewill offering (nedavah): a voluntary offering; the money from the sold temurah goes to the freewill fund.
5. 5. Once the owners have atoned through another animal, this asham is no longer needed as an asham and its status is that of a freewill offering.
6. 6. Leaning (semichah): the owner leans both hands on the animal's head before slaughter, marking it as his offering; a communal offering has no leaning.
7. 7. Libations (nesachim): wine poured on the altar with an animal offering; who bears their cost is the point of this Mishnah.
8. 8. A priest who offers an olah keeps its skin; this is part of the priestly dues.
9. 9. Deut. 18:6-7: a priest may serve at any time, not only in his own watch.
10. 10. Watch (mishmar): one of the twenty-four priestly watches; each served in the Temple for one week in rotation.
11. 11. Decree (gezeirah): a safeguard against confusion; R. Eliezer decreed on the offspring after atonement, lest people extend the rule to before atonement.
12. 12. Rav Nachman and Rabba bar Avuh: Babylonian Amoraim.
13. 13. After atonement: once the owner has atoned, the asham is no longer needed, and the question is whether its substitute and offspring take the status of a freewill offering.
14. 14. Rava: a Babylonian Amora of the fourth generation.
15. 15. A thing that came through transgression: an animal obtained by violating 'he shall not exchange it' (Lev. 27:10) cannot atone for sin.
16. 16. The second offspring: the offspring of a temurah's offspring, further from the original animal and so less fit.
17. 17. R. Yose b. R. Chanina: an Amora of Eretz Yisrael.
18. 18. Fit for offering (chazi lehakrivah): the animal itself is valid for an offering; R. Eliezer's reason concerns fitness, not the name.
19. 19. Halachah given to Moses at Sinai: a law not derived from the verses, which binds without a verse.