022a ולד חטאת פרק רביעי תמורה כב ע"א – VELAD CHATOS CHAPTER FOUR TEMURAH

They may not be benefited from, and they may not be misused (me'ilah).

לא נהנין - From rabbinic law.

Nor may they be misused. And if, before the owners atoned, it grazes until it becomes unfit, and it is sold and he brings another with its money, and he makes a substitution, and it is subject to me'ilah.

ולא מועלין - If they benefited, they are exempt from a me'ilah offering, since neither it nor its value is offered, so its sanctity departs.

ואם עד שלא כפרו הבעלים - This applies to both cases: that is, as long as the owners have not atoned, meaning they did not want to atone with another.

תרעה עד שתסתאב כו' - It refers to the one that became pregnant in its second year, and not to the lost-and-found-blemished one, since that one is already unfit and stands; it is sold at once and he brings another with its money.

ועושה תמורה - Since money permits the offering of a substitute, as we say in the preceding chapter (20a) that an animal that grazes until it becomes unfit makes a temurah.

Gemara

What is the reason that they were not taught next to each other?

גמ' מאי טעמא לא תני להו כולהו בהדי הדדי - Rather, they differ about it: why did the Tanna teach it in two parts, and not teach all five sin-offerings together, but separate the first three from the last two.

The first clause was clear to him, but the latter clause was not clear to him.^[1]

רישא פסיקא ליה - The first clause is decided: it dies always, even if the owners did not atone.

Why does he need to teach it in the context of me'ilah?^[2]

למה לי למתני גבי מעילה - Since this whole Mishnah is taught in the context of me'ilah, where one chapter begins 'the offspring of a sin-offering and the substitute of a sin-offering'.

Why does he need to teach it in the context of temurah?^[3]

He taught it here, in the context of temurah; and because he taught temurah, he also taught me'ilah; and because he taught it in the context of me'ilah, he also taught temurah.

Reish Lakish said: a sin-offering that became pregnant in its second year, one regards it as though it were standing in a cemetery, and it grazes.^[4]

כאילו היא עומדת בבית הקברות - That is, wherever it is, one regards it as standing in a cemetery, so that a priest may not enter after it to slaughter it, and it grazes until it becomes unfit.

It was taught: a sin-offering that became pregnant in its second year, or was lost and found blemished, if after the owners atoned it dies.^[5]

תנן חטאת שעיברה שנתה או שאבדה ונמצאת בעלת מום כו' - A refutation of Resh Lakish, who ruled that it grazes; and it implies even if the owners atoned.

This is a refutation of Reish Lakish.^[6]

Reish Lakish can say to you: when the Mishnah teaches the first clause, 'lost and found blemished, if after the owners atoned it dies'

כי קתני מתה אאבדה ונמצאת בעלת מום - Later the Gemara asks: if so, why does it teach 'pregnant in its second year' together with those that die?

If so, teach the latter clause.

If before the owners atoned it shall graze until it becomes unfit^[7]

ואם עד שלא כיפרו הבעלים - That is, they did not want to atone with another; it grazes, etc. Now there is no question, since it is already unfit and stands, for a sacred animal is not sold with a temporary blemish.^[8]

And if it is blemished, it is already unfit and stands, so there is no question.

Rabba said: this is what it means:^[9]

אמר רבה הכי קאמר - Rabba said: 'pregnant in its second year, or lost and found blemished, a temporary blemish' - after the owners atoned it dies, even if the owners atoned afterward, since there are two defects it dies; and the pregnant-in-second-year clause does not refer at all.

that it was lost and found blemished, a temporary blemish, if after the owners atoned it dies

if before the owners atoned it grazes until it becomes unfit with a permanent blemish, and is sold

Rava said: there are two answers to this.

First, if so, it should have taught 'it shall be watched' (ישמור).^[10]

ישמור מיבעי ליה - 'It should have said: shall guard it' - that is, since a temporary blemish has already befallen it, it should have taught 'shall be guarded', that is, wait, perhaps this blemish becomes permanent.

And further, why does it teach 'pregnant in its second year'? What is the law it comes to teach?

ועוד עברה שנתה למאי קתני לה - And further, why does it teach 'pregnant in its second year', since the Mishnah is not discussing any law about it.

Rather, Rava said: this is what it teaches:^[11]

pregnant in its second year, and lost, or lost and found blemished, after the owners atoned it dies; before the owners atoned it grazes until it becomes unfit and is sold

עברה שנתה ואבדה - ...pregnant in its second year and lost and found unblemished, and the owners atoned with another; or lost and found blemished, where there are two defects as well, and the owners atoned with another - it dies before the owners atoned, since they did not want to atone with another; it grazes. Resh Lakish's view is that even if the owners atoned afterward it grazes without loss, since only one defect exists.

And it needed to teach 'lost' in connection with 'blemished', and also in connection with 'pregnant in its second year'.

For if it had taught it in connection with the one pregnant in its second year, I would say:

There the loss takes effect on it, because it is not fit for its own purpose.

דמהניא בה אבידה - That the loss takes effect on it, to bring it to death.

משום דלא חזיא למילתה - Because it is not fit for its own purpose; even before the loss, 'a daughter of its year' is written (Numbers 15), and this one, pregnant in its second year, is a bodily disqualification.^[12]

But in the case of a blemished one, where without the blemish it would be fit, I would say: the loss shall not help it.

דאי לאו מומא חזיא - If it were not for the blemish being fit, I would say it is a mere defect of fitness; and since it was found before the second atonement, it grazes, and the loss does not help it to death.

And if it had taught it in connection with the blemished one,

there the loss takes effect on it, because it is not fit for offering.

דלא חזיא להקרבה - That it is not fit for any offering.

But in the case of one pregnant in its second year, which is fit for offering, I would say the loss shall not help it.

עברה שנתה חזיא להקרבה - Pregnant in its second year is fit for other offerings; all those that require two defects refer to being found before the second atonement, but if found after atonement, even without a defect of loss, it dies.

Both are needed.

Did Rava really say this?

ומי אמר רבא הכי - Did Rava really say that where it was disqualified before the loss, the loss takes effect on it for death?

But Rava said: a night-time loss is not a loss.^[13]

והאמר רבא אבודת לילה לאו שמה אבודה - But Rava said: a night-time loss is not called a loss. If it was lost at night and he set aside another in its place, it is not called lost; for the one who says it dies even if found before atonement, this one does not die, since at night it could not be offered, and it was found the next day, so it is not called lost and it grazes if he atoned with its companion. Similarly here, since it became pregnant in its second year and is not fit to be offered, the loss does not help it.

It is not comparable:

A night-time loss is fit neither for itself nor for its value.

ולא לדמי - Nor for its value, since its value is not fit to be offered at the time of its loss, for there is no offering at night.

But this one, although it is not fit for itself, is fit for its value.

לדמי חזיא - It is fit for its value - before it was lost.

It was taught: the second one shall graze until it becomes unfit, and is sold, and its money falls to a freewill offering

תנן - It was taught - in tractate Yoma (62a), concerning the two goats of Yom Kippur: if the one for Azazel died, he brings two from the market, draws lots, sends one, and the second grazes until it becomes unfit.^[14]

Because a community sin-offering does not die.^[15]

But an individual's does die.

הא דיחיד - An individual's [sin-offering] - in a case like this, it dies.

And R. Yochanan said: living animals are deferred.^[16]

וא"ר יוחנן - In Yoma (64a): living animals are deferred, and the second of the pair is deferred when its fellow dies; when one is atoned for, it is atoned by the second of the pair; the first is considered deferred, as if it became pregnant in its second year. The Mishnah teaches that the reason it does not die is that it is a community sin-offering, but an individual's dies; and even though there is no loss, it dies because the first was deferred since it was atoned by another. So two defects are not required, and this is a difficulty for Rava.

And when one is atoned for, it is atoned by the second of the pair.

And the first one is considered as one that became pregnant in its second year.

And the reason for the community is that an individual's does die.

Rava can say to you: deferred ones are one thing, and lost ones are another.^[17]

אמר לך - Rava can say to you: certainly where there is deferral and it was atoned by another, it dies without any loss; for Resh Lakish it is certainly a difficulty, as I answered above regarding 'pregnant in its second year and lost' - I answer for Resh Lakish but I do not hold so. And if the difficulty is from 'lost and found blemished', why did he say 'it dies'? Because of the loss alone, since afterward it was atoned by another there is no difficulty: deferred ones are one thing and lost ones another; and even though for the loss we need another defect, that is what I heard, no more.

Why [is it so] with lost ones? His mind is on them, lest they be forgotten.^[18]

Deferred ones do not return to be seen.

Tosafot

תרעה עד שתסתאב - It refers specifically to the one that became pregnant in its second year, since if it referred to the lost and found blemished one, that one is already unfit and stands.

ישמור מבעי ליה - Rashi explained: 'shall guard it', that it may develop a permanent blemish; but this is difficult, since then it would be the same as 'it shall graze'. Therefore it is better to explain: 'shall guard it', that it may heal and become fit for offering.

אי תניא גבי עיברה שנתה התם הוא דלא אהני (לה אבודה) משום דחזיא להקרבה - This is in accordance with the view of R. Yehuda: multiple defects bring it to grazing.

ומי אמר רבא הכי - Where it was disqualified before the loss, the loss takes effect for death. 'But Rava said: a night-time loss is not a loss.' And if you ask: refute it from the Mishnah that teaches 'lost and found blemished, it dies', even though there is another defect along with the loss - we answer: one cannot refute from the Mishnah, since there the loss came before the other defect, so it is not comparable to a night-time loss, where the defect came before the loss. But for Rava one can refute well, since the defect of 'pregnant in its second year' came before the loss, and he therefore asks from the night-time loss, and answers: 'not comparable; a night-time loss is fit neither for itself nor for its value'. Here it implies the view of R. Yehuda: multiple defects bring it to grazing and not to death.

אמר לך רבא - Rashi explained: certainly, where there is deferral and it was atoned by another, it dies with no loss; and for Resh Lakish it is certainly difficult, as I answered above regarding 'pregnant in its second year and lost' - I answer for Resh Lakish, but I do not hold it. And if the loss-and-found-blemished case is a difficulty for you, why did he say 'blemished, it dies'? It is not a difficulty, since afterward it was atoned by another: deferred ones are one thing, and lost ones another; and even though for the loss we need another defect, this is what I heard, no more.

Notes

1. 1. 'The first clause' (רישא) and 'the last clause' (סיפא) are the two halves of the Mishnah: the first is the case of a lost animal found blemished, the last is the case of an animal that grazes until it becomes unfit.
2. 2. Me'ilah: misuse of consecrated property. Whoever benefits from consecrated property must repay its value, add a fifth, and bring a guilt offering.
3. 3. Temurah: the substitution law. When a sacred animal is exchanged for another, the substitute also becomes sacred, and the original is not released.
4. 4. Resh Lakish (Shimon ben Lakish) was a Palestinian Amora of the third century, a major Talmudic sage. This is general background, not from the text.
5. 5. 'Pregnant in its second year' (עיבור שנתה) is a bodily blemish that disqualifies the animal from being offered on the altar.
6. 6. The Gemara's 'refutation' (תיובתא) means that the Mishnah contradicts the view of Resh Lakish that the animal grazes; the Gemara sets out to defend him.
7. 7. 'Before the owners atoned' (קודם שכיפרו): before the owners agreed to take another animal in its place. Until then the animal grazes until it becomes unfit and is sold.
8. 8. A temporary blemish (מום עובר) is a blemish that may heal. A sacred animal with a temporary blemish is not sold.
9. 9. Rabba (a Babylonian Amora of the third and fourth centuries) gives an explanation of the Mishnah. General background, not from the text.
10. 10. 'Shall watch it' (ישמור) means to keep the animal and wait, to see whether the blemish becomes permanent.
11. 11. Rava's reading: the Mishnah's two cases, pregnancy and loss, are joined in one ruling, so the Mishnah must teach both.
12. 12. 'For its own purpose' (למילתה): for its sacrificial status as such. The bodily disqualification means it is not fit for any offering.
13. 13. A night-time loss: an animal lost at night cannot be offered until morning, so a loss at night does not take effect.
14. 14. Yoma 62a: the two goats of Yom Kippur. Lots are drawn; one goat is for God and one is sent to Azazel. General background from tractate Yoma.
15. 15. A community sin-offering (חטאת הציבור) is a public offering. Its law differs from an individual's sin-offering, so a community offering does not die in the same way.
16. 16. 'Deferred' (נדחין): an animal designated for an offering is set aside until its fellow is atoned for, in the context of the Yoma discussion.
17. 17. Deferred animals and lost animals are treated separately; each has its own law.
18. 18. 'His mind is on them' (דעתיה עליהון): the owner is anxious about lost animals and keeps looking for them, so they may be found, while deferred ones are not searched for.