meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Kodashim/Mishnah Temurah/English/Sefaria Community Translation.txt"}
text: Mishnah Temurah
  משנה תמורה
  Sefaria Community Translation
  
  
  Mishnah Temurah
  
  
  
  
  
  Everyone can substitute a dedicated animal for another, both men and women. Not that a one is allowed to substitute, but rather, that if he did substitute, the substitution takes effect, and he absorbs forty lashes. Priests can substitute their own [offerings] and Israelites can substitute their [own offerings]. Priests cannot substitute for <i>chata'ot</i> [sin-offerings], or <i>Ashamot</i> [guilt-offerings], or for the firstborn. Rabbi Yochanan ben Nuri said: Why can they not substitute it for a firstborn? Rabbi Akiva said to him: the <i>Chatat</i> and <i>Asham</i> are gifts to the priest and the firstborn is a gift to the priest, just as he cannot substitute for the <i>Chatat</i> and <i>Asham</i>, so too he cannot substitute a for a first-born. Rabbi Yochanan ben Nuri said to him: But why does it matter that he cannot substitute for the <i>Chatat</i> and <i>Asham</i>? He does not have rights to them while they are alive -  should the same law apply to the firstborn, to which he has rights while it is alive? Rabbi Akiva responded to him: Does it not say (Leviticus 27:10): "It and its substitution will be holy"? Where does holiness takes effect [on a dedicated animal? While it is] in the owners possession; so too the substitution must be [while the animal is] in the owner's possession.
  Cattle can be substituted for sheep and sheep for cattle, sheep for goats and goats for sheep, males for females and females for males, unblemished [animals] for blemished [animals] and blemished ones for unblemished ones, as it says (Leviticus 27:10): "Do not switch it and do not substitute it - good for bad or bad for good." What is 'good for bad'? Blemished ones whose sanctification preceded their blemish. One [animal] can be substituted for two, and two for one, one for one hundred, and one hundred for one. Rabbi Shimon says: We only substitute one for one, as it says (Leviticus 27:10): "it and its substitution" - just as 'it' is particular so too its substitution is particular.
  We do not substitute limbs for fetuses nor fetuses for limbs, and neither limbs nor fetuses for intact animals, nor  intact animals for them. Rabbi Yose says: Limbs can be substituted for intact animals, but not intact animals for limbs. [for] Rabbi Yose said: And is it not the law regarding sanctified animals that if one says: the leg of this one is an <i>Olah</i> [burnt-offering], all of it [becomes an <i>Olah</i>? So too, if one says the leg of this one in place of that one, all of it is an substitution in its place.
  <i>Meduma</i> (a mixture of <i>terumah</i> and non-sacred food) does not render [its admixture] <i>meduma</i> except according to reckoning [i.e., the amount of <i>terumah</i> in the initial mixture], and leavened foodstuffs [leavened by leavening which  is <i>terumah</i>] does not render [its admixture] <i>chamets</i> except according to reckoning, and drawn water does not render a <i>mikveh</i> invalid except according to reckoning.
  The purification-water cannot become purification-water except through the deposition of ash. A field in doubt [as to whether it contains a grave] cannot create a [secondary] field of the same status, tithes cannot come after other tithes, and an substituted animal cannot make a substituted animal, and the offspring [of a dedicated animal] cannot make a substituted animal. Rabbi Judah says: The offspring can make a substituted animal. They said to him: Dedicated animals can make a substituted animal , but neither the offspring [of a dedicated animal] nor a substituted animal can make a substituted animal.
  The bird [offerings] and the flour-offerings cannot make a substitution, for [the rule of substitution] was only stated regarding animals. Neither the public nor [business] partners can created a substitution, for it is said (Leviticus 27:10): "He shall not substitute it" - an individual can create an substitution but neither the public nor partners can create a substitution. Offerings [donated] to the maintenance fund of the Temple cannot create a substitution. Rabbi Shimon said: Wasn't the tithe [animal] included in the rule [for substituted animals]? Why did it leave [the rule to be dealt with separately]? [In order] to compare [to it]: Just as the tithe is the offering of an individual, [so too are all subject offerings the offering of an individual] - public offerings are excluded. Just as the tithe is an offering for the altar, [so too are all subject offerings offerings for the altar] - offerings [donated] to the maintenance fund of the Temple  are excluded.
  
  
  
  There are [aspects] of individual sacrifices  which are not [aspects] of public sacrifices, and there are [aspects] of public sacrifices which are not [aspects] of individual sacrifices, [namely,] that individual sacrifices can make a substituted animal, and public sacrifices cannot make a substituted animal; Individual sacrifices can be made with male or female [animals], and public sacrifices can only be made with males; [regarding] individual sacrifices and their libations,  one is financially liable, [while regarding] public sacrifices and their libations, one is not financially liable. However, once is financially liable for their libations once the sacrifice has been offered. There are [aspects] of public sacrifices  which are not [aspects] of individual sacrifices, [namely,]that [offering] public sacrifices sets aside Shabbat [prohibitions] and [priestly] impurity, and individual sacrifices do  set aside neither Shabbat [prohibitions] nor [priestly] impurity. Rabbi Meir said: and are not the High Priest's grain-offering and [his] cow-offering on Yom Kippur individual sacrifices, yet they set aside Shabbat [prohibitions] and [priestly] impurity? Rather, [the reason that certain offering set aside Shabbat and impurity is] because their time [for their offering] is fixed.
  An individual's <i>chattat</i> [sin-offering]  whose owners atoned [otherwise, i.e., via another sin-offering] is [secluded until it] dies; the public's <i>chattat</i> [of similar circumstances] is not [secluded until it] dies. Rabbi Yehuda said: they will [both be secluded until they] die. Rabbi Shimon said: what do we find regarding the offspring of a <i>chattat</i>, and the substitute for a <i>chattat</i>, and a <i>chattat</i> whose owner has died? These matters were spoken of regarding an individual [<i>chattat</i>], but not regarding a public [<i>chattat</i>] - likewise, regarding a <i>chattat</i>  whose owners atone [otherwise] and <i>chattat</i> which has passed one year [of age], these matters were spoken of regarding an individual [<i>chattat</i>], but not regarding a public [<i>chattat</i>].
  [Original] holy [sacrifices] are more stringent [in some ways] than a substitute, and a substitute is [more stringent] than [original] holy [sacrifices] , as [original] holy [sacrifices] can make a substitute, yet a substitute cannot make a substitute. The public and partners can dedicate an animal, but they cannot substitute, and [one can] dedicate limbs and fetuses, but one cannot substitute [for them]. A substitute is more stringent, [in that] the holiness [imposed by the act of substitution] applies [even] to an animal with a permanent blemish, and it cannot be redeemed to be sheared or worked. Rabbi Yose bar Rabbi Yehuda said: They equated unintentional [action] with intentional action regarding substitution, but not with regards to [dedicating original] holy [sacrifices]. Rabbi Eliezer said: <i>Kilayim</i> [the products of forbidden crossbreeding], <i>terefot</i> [animals with a mortal condition such that they would die within one year], those born via Caesarian section, the <i>tumtum</i> [person (or animal) with recessed sexual organs whose gender is therefore impossible to determine, presently, by external examination. It is halachically uncertain whether such is male or female], or the <i>androginos</i> [person (or animal) with both male and female sexual organs. It is halachically uncertain whether such is male, female or, perhaps, has a uniquely defined halachic gender] - they neither can become sacred [offerings] nor [where already sacred] can they make [other animals] sacred [via substitution]. 
  
  
  
  These are the holy [sacrifices] whose offspring and substitutions [are offered and thus] are similar to them: the offspring of a <i>shelamim</i> [An offering whose various parts are consumed by its owners, the Kohanim and the fire on the altar], and those exchanged for it, their offspring and their offspring's offspring until the end of the world, behold they are like <i>shelamim</i>, and they require <i>semichah</i> [placing both hands  on the head of a sacrificial animal and leaning with all once's force, an action required for many sacrifices] and libations and waving and [giving] the breast and the leg [to the priests]. Rabbi Eliezer says: the offspring of a <i>shelamim</i> is not offered as a <i>shelamim</i>, [while] the Sages say: it is offered. Rabbi Shimon said: they did not disagree about the offspring of the offspring of a <i>shelamim</i> or about the offspring of the offspring of a substitute, that it is not offered. Regarding what did they disagree? [Regarding the immediate] offspring: Rabbi Eliezer says: it is not offered, and the Sages said: it is offered. Rabbi Yehoshua and Rabbi Pappis testified regarding the offspring of a <i>shelamim</i> that it is offered as a <i>shelamim</i>. Rabbi Pappis said: I testify that we had a cow offered as a <i>shelamim</i> which we ate on [the day of] Pesach, and we ate its offspring as a <i>shelamim</i> during the [ensuing] holiday.
  The offspring of a <i>todah</i> [thanksgiving offering] and its substitute, its offspring and the offspring of its offspring until the end of the world, behold these are like a <i>todah</i>, except they do not require [the accompanying] bread [offerings]. The substitute for an <i>olah</i> [offering that is entirely burnt], the offspring of that substitute, and the offspring of its offspring until the end of the world, behold they are like the <i>olah</i>, and require skinning,  sectioning and are [consigned] entirely to the fire.
  One who designated a female [animal] as an <i>olah</i> and it gives birth to a male, shall graze until it becomes blemished, and shall be sold and he shall bring an <i>olah</i> with its money. Rabbi Eliezer said: the offspring itself is offered an <i>olah</i>. One who designated a female as an <i>asham</i> [offering brought to alleviate guilt], let it graze until it becomes blemished, and then let it be sold and he shall bring an <i>asham</i> with its money. If he [already] offered his <i>asham</i>, its money falls [to the Temple fund] for a free-will offering. Rabbi Shimon said: it is sold though not blemished. The substitute for an <i>asham</i>, and the offspring of the exchange, and the offspring of the offspring until the end of the world, are left to graze until they becomes blemished, and are then sold and their money falls [to the Temple fund] for a free-will offering. Rabbi Eliezer said:  [they shall be secluded until] they die. And Rabbi Eleazar said: he shall bring <i>olot</i> with their money. An <i>asham</i> whose owners have died, or whose owners have atoned [using another animal] shall graze until they become blemished and they shall be sold, and their money falls [to the Temple fund] for a free-will offering. Rabbi Eliezer said: [they shall be secluded until] they die. And Rabbi Eleazar said: he shall bring <i>olot</i> with their money.
  But is not a free-will offering also an <i>olah</i>? [Then] what is there between the words of Rabbi Eleazar and the words of the Sages? Rather, when [an <i>olah</i>] is brought as an obligation, he lays his hands on it and bring [accompanying] libations, [for] its libations [come] from his own [funds]. And if he is a priest, its [sacrificial work and skin are his; [but] when it is brought as a free-will offering, he does not lay his hands on it, and he does not bring libations, for its libations [come] from the public. Even if he is a priest, its [sacrificial] work and skin are [given] to the priest of [that day's] watch.
  The animals substituted for the firstborn and for the tithe [offerings], their offspring, and the offspring of their offspring until the end of the world, behold they are like the firstborn and the tithe, and they are eaten due to their blemishes by their owners. What is the difference between the firstborn and the tithe and all the [other] holy [sacrifices]? All the [other] holy [sacrifices] are sold in the meat marketplace, and are slaughtered in the meat marketplace, and are weighed on a scale - except for the firstborn and the tithe; they are redeemed [when blemished], and their substitutes are redeemed - except for the firstborn and the tithe; they [may] come from outside the Land [of Israel] - except for the firstborn and the tithe, [but] if they [nevertheless] came [from outside the Land of Israel, if] unblemished, they are offered; and if blemished, they shall be eaten due to their blemishes by their owners. Rabbi Shimon said: what is the reason? The firstborn and the tithe have a provision [if they become blemished] in their place; all the [other] holy [sacrifices], should they become blemished, they remain holy [and cannot be provided for outside the Land of Israel].
  
  
  
  The offspring of a <i>chattat</i> [offering brought to expiate sin], or the substitute for a <i>chattat</i>, or a <i>chattat</i> whose owner had died, [they are secluded until] they die. [A <i>chattat</i>] whose year has passed, or was lost and was found with a blemish, if after the owners had atoned [by means of another animal], it [is secluded until] it dies and does not make a substitute. One may not benefit [from it], nor is one liable for <i>meilah</i> [benefit from a consecrated item][regarding it]. If before the owners had atoned [by means of another animal], it should graze until it becomes blemished and [then] sold. Its proceeds should be used [to purchase] another [by means of another animal]. It can make a substitute, and one is liable for <i>meilah</i> [regarding it]. 
  [If] one sets aside a <i>chattat</i> and it is lost, and he offered another in its place, after which the first [<i>chattat</i>] is found, [it is secluded until] it dies. [If] one sets aside money for [the purchase of] a <i>chattat</i> and it is lost, and another <i>chattat</i> was offered in their place, after which the money was found, then it goes into the Dead Sea.
  [If] one sets aside money for his [purchase of a] <i>chattat</i> and it is lost, and he [then] set aside other money in their place - [if] before he bought with it another <i>chattat</i>, the first money was found, he brings a <i>chattat</i> from both [monies], and the remainder  falls [to the Temple fund] for a free-will offering. [If] one sets aside money for his [purchase of a] <i>chattat</i> and it is lost, and he [then] set aside a <i>chattat</i> in their place -  [if] before he offered it, the money was found and, behold, the <i>chattat</i> has a blemish, [then the <i>chattat</i>] is sold and he brings a <i>chattat</i> from both [monies], and the remainder  falls [to the Temple fund] for a free-will offering. [If] one sets aside his <i>chattat</i> and it is lost, and he [then] set aside other money in its place - [if] before he bought with it a <i>chattat</i> his [original] <i>chattat</i> is found, and, behold it has a blemish, then it is sold and he brings a <i>chattat</i> from both [monies], and the remainder  falls [to the Temple fund] for a free-will offering. [If] one sets aside his <i>chattat </i> and it is lost, and he [then] set aside another <i>chattat</i> in its place - [if] before he offered [the second one] the first one is found and, behold, they both have blemishes, they are sold and he brings a <i>chattat</i> from both [monies], and the remainder  falls [to the Temple fund] for a free-will offering. [If] one set aside a <i>chattat</i> and it is lost, and he [then] set aside set aside another <i>chattat</i> in its place - [if] before he offered [the second one] he found the first one and they were both unblemished, one of them is offered as a <i>chattat</i> and the other [is secluded until] it dies - [these are] the words of Rebbe; the Sages say: a <i>chattat</i> is not secluded until] it dies unless it was found after the owners have atoned [with another animal].
  [If] one set aside his <i>chattat</i>, and it becomes blemished, he sells it and brings another [<i>chattat</i>] with its money; Rabbi Elazar, son of Rabbi Shimon says: if the second one was offered before the first one was slaughtered, it is [secluded until] it dies, since the owners have already atoned.
  
  
  
  How may one act cleverly [to circumvent the law] regarding a firstborn [animal]? [One owns] a pregnant animal  about to give birth for the first time, and says, "Whatever is inside of this [animal], if it is a male, [it is dedicated] as an <i>Olah</i> [offering that is entirely burnt]" - if it gives birth to a male, it [the newborn animal] is offered as an <i>Olah</i>. [If he says,] "[If] it is a female, [it is dedicated] as a <i>Shelamim</i> [an offering whose various parts are consumed by its owners, the Kohanim and the fire on the altar]" - if it gives birth to a female, it is offered as a <i>Shelamim</i>. [If he says,] "[If] it is a male, [it is dedicated] as an <i>Olah</i>; if it is a female, [it is dedicated] as a <i>Shelamim</i>" - if it gives birth to a male and a female, the male is an <i>Olah</i> and the female a <i>Shelamim</i>.
  If an animal gives birth to two males, one is offered as an <i>Olah</i> and the second is sold to one who needs to offer an <i>Olah</i>, and its payment is not holy. If it gave birth to two females, one is offered as a <i>Shelamim</i> and the second is sold to one who needs to offer a <i>Shelamim</i>, and the money is not holy. If it gave birth to a <i>tumtum</i> [person (or animal) with recessed sexual organs whose gender is therefore impossible to determine, presently, by external examination. It is halachically uncertain whether such is male or female], or an <i>androginos</i> [person (or animal) with both male and female sexual organs. It is halachically uncertain whether such is male, female or, perhaps, has a uniquely defined halachic gender], Rabban Shimon ben Gamliel says: holiness does not take effect regarding them.
  If one says, "This animal's fetus is an <i>Olah</i>, and [the animal] is a <i>Shelamim</i>," - his words stand; "[This animal] is a <i>Shelamim</i>, and its fetus is an <i>Olah</i>," the fetus is a <i>Shelamim</i> - [these are] the words of Rabbi Meir; Rabbi Yosi says: If this is what he originally intended [that the fetus would be an <i>Olah</i>], then, since it is [physically] impossible to pronounce two names at one time, his words stand; if, when he said "this is a <i>Shelamim</i>," he then changed his mind and said [i.e., added], "the fetus is an <i>Olah</i>," then the fetus is a <i>Shelamim</i>.
  [If one said], "This [animal] is [both] a substitute for an <i>Olah</i> and a substitute for a <i>Shelamim</i>," then it is a substitute for the <i>Olah</i> - [these are] the words of Rabbi Meir; Rabbi Yosi says: If this is what he intended originally, then since it is [physically] impossible to pronounce two names at one time, his words stand; if, when he said "[This animal is] a substitute for an <i>Olah</i>," he then changed his mind and said [i.e., added], "[This animal is] a substitute for a <i>Shelamim</i>," then it is a substitute for an <i>Olah</i>.
  [If one said], "This [animal] instead of that," "as a substitute for that," "as an exchange for that," then [this animal] is a substitute [for that animal]; [if he said], "[This animal] has its sanctity transferred onto that one," then [this animal] is not a substitute; if [, however, this animal] was a [sanctified] animal with a blemish, then it [does] lose its sanctity [upon that substituted animal], and [the owner] needs to make [restitution for any difference in] price.
  [If one said], "This [animal] is instead of a <i>Chattat</i> [offering brought to expiate sin]," or "instead of an <i>Olah</i>," he has not said anything. "[This animal] is instead of this <i>Chattat</i> ," or "instead of this <i>Olah</i>," "instead of the <i>Chattat</i> or the <i>Olah</i>, which I have inside the house." - if he had [the animal], his words stand. If he said regarding an impure animal or a blemished animal, "This is an <i>Olah</i>," he has not said anything; [if he says], "This is for an <i>Olah</i>," he sells it and uses the money for an <i>Olah</i>.
  
  
  
  Everything that is forbidden [from being offered] on the altar is forbidden in any amount. [The things that are forbidden are:] an animal with which a woman committed bestiality, an animal with which a man committed bestiality, an animal set aside, an animal which was worshipped, a prostitute's fee, a dog's exchange, a <i>Kilaim</i>, a <i>Treifah</i> [an animal with a mortal condition such that it would die within one year], and [an animal] delivered by Caesarean section. What is a "set aside"? An animal set aside for idol worship. It is forbidden, but that which is upon it is permitted. What is a worshipped [animal]? All that serve it. It and that which is upon it is forbidden. Both this [the set aside] and this [the worshipped animal] may be eaten.
  What is a prostitute's fee? One says to a prostitute, "Take this lamb as your payment." Even [if he gave her] one hundred [lambs], they are all forbidden. So too is the one who says to his friend, "Take this lamb and your maidservant will sleep with my slave," Rebbe says, "This is not a prostitute's payment." The Sages say, "It is a prostitute's payment."
  What is a dog's exchange? One says to his friend, "Take this lamb in place of this dog." So too for two partners who split up. If one took ten [lambs] and one took nine [lambs] and a dog, [and the ten lambs] are equivalent to the dog [and the nine lambs], then [the ten lambs] are forbidden. [The nine lambs] that are with the dog are permitted. A dog as the prostitute's fee, or the exchange of a prostitute are permitted, as it says, (Deuteronomy 23:19), "Two" and not four. Their children are permitted, [as it says], (Deuteronomy 23:19), "them" and not their children.
  If he gave to her (the prostitute), they are permitted. [If he gave to her] wines, oils, finely sifted flour, or anything like them that can be offered on the altar, [they are] forbidden. If he gave to her sanctified objects, they are permitted. [If he gave to her] birds, they are forbidden. [It is possible to learn this] by <i>a fortiori</i> reasoning: With sanctified [animals] a blemish forbids them [from being offered], but the status of "prostitute's fee" or "exchanged" do not fall upon them. With birds, which are not forbidden because of a blemish, is it not logical that the status of "prostitute's fee" or "dog's exchange" should [definitely] not fall on them? [Therefore] the Torah teaches (Deuteronomy 23:19), "For all vows," to include the birds.
  All [animals] which are forbidden [from being offered] on the altar, their children are permitted. The child of an unfit animal, Rabbi Eliezer says, "Do not offer it on the altar." The Sages say, "Offer it." Rabbi Chanina ben Antignos says, "A Kosher animal which nurses from a non-Kosher animal is forbidden [from being offered] on the altar." All sanctified animals which are made unfit may not be redeemed, for sanctified animals [which have been rendered unfit] are not redeemed for them to be fed to the dogs.
  
  
  
  The sanctified property for the altar has [qualities] which the sanctified property for the Temple upkeep does not have. And the sanctified property for the Temple upkeep has [qualities] which the sanctified property for the altar does not have. The sanctified property for the altar may be made into a <i>Temurah</i> [an animal which has been substituted, wrongfully, for a sacrificial animal, and which thereby becomes sanctified for certain purposes], and one is culpable for making it unfit, for leaving it over, or for making it impure. The children and milk [of sanctified animals] are forbidden after they are redeemed, and one who slaughters them outside [the Temple] is culpable. And they may not be given to workers for [the workers] wages. These are not so with the sanctified property for the Temple upkeep.
  The sanctified property for the Temple upkeep has [qualities] which the sanctified property for the altar does not have. Unspecified sanctified property goes to the Temple upkeep. The status of "for Temple upkeep" falls on everything, [one may not] improperly use their products, and the Kohanim cannot benefit from them.
  Both property for the altar and property for the Temple upkeep may not have their [holiness] changed from one [type of] holiness to [another type of] holiness. One may sanctify it above the holiness it already has or separate it [for a Kohen]. If it dies, it is buried. Rabbi Shimon says, "Sanctified property for the Temple upkeep, if it dies, he may redeem it."
  These are the things which are buried: Sanctified [animals] which were stillborn should be buried. The afterbirth of a stillborn should be buried. A bull which is stoned, an <i>Eglah Arufa</i> [a calf whose neck is broken by elders of the closest town to atone for an unsolved murder], the birds [brought by] a <i>Metzora</i> [one rendered severely impure from an unsightly skin disease. Upon recovery and purification, he must bring offerings], the hair of a Nazirite, the firstborn of a donkey, [mixed] milk and meat, unholy [animals] slaughtered in the Temple courtyard, [should be buried]. Rabbi Shimon says, "Unholy [animals] which were slaughtered in the Temple courtyard should be burned, and so too a wild animal slaughtered in the courtyard."
  These are the things which need to be burned. <i>Chametz</i> on Passover is burned. <i>Terumah</i> that is unfit, <i>Orlah</i> [the fruit of a tree during the first three years after its planting, the consumption or usage of which is forbidden], or <i>Kilayim</i>, things which are normally burned should be burned, and things which are normally buried should be buried. [A Kohen may benefit] from lighting bread or oil of <i>Terumah</i>.
  All sanctified [animals] which were slaughtered at the wrong time or in the wrong place are to be burned. A questionable guilt offering is to be burned. Rabbi Yehudah says, "It should be buried." A sin offering, a bird that is brought out of doubt should be burned. Rabbi Yehudah says, "Place it in a container [of water]." All that is burned is not buried and all that is buried is not burned. Rabbi Yehudah says, "If he wants to be strict on himself to burn the things which are [normally] buried, he is permitted to do so." [the Sages] said to him, "He is not permitted to change it."