Kommentar zu Meilah 3:1

ולד חטאת וכו' יומתו – that these are from five sin-offerings that we derive that they died, and these three have always died, whether prior to atonement or after atonement [of the person who brought them], for they are not offered. And this Mishnah is taught at the beginning of the fourth chapter of [Tractate] Temurah and there I have explained it.

Introduction This mishnah is found word for word in Temurah 4:1. It is brought here because it also deals with sacrilege. I have mostly replicated my commentary from there. In Temurah 2:2 we learned that there are five types of hataot (pl. of hatat) that are left to die because they can’t be sacrificed and neither can they be eaten. Our mishnah deals with these five hataot.

The offspring of a hatat, the substitute of a hatat, and a hatat whose owner has died, are left to die. These are the first three categories of hataot that are left to die. Basically, once the owner has been atoned for, the hatat cannot be sacrificed. The first two cannot be sacrificed because the owner received atonement from the original animal. If the owner died, then he no longer needs atonement so his hatat too cannot be sacrificed.

A hatat whose year has passed or which was lost and found blemished: If the owners obtained atonement [afterwards, through another animal], is left to die, and it does not make a substitute; it is forbidden to derive benefit from it, but the law of sacrilege does not apply. If the owners have not yet obtained atonement, it must go to pasture until it becomes unfit for sacrifice. It is then sold and another is bought with the money. It makes a substitute, and the law of sacrilege does apply. When it comes to the fourth and fifth types of hatat that must be left to die, it depends on whether the owners have already received atonement through another animal. If the owners have already been atoned for by bringing another animal as a hatat, then the original hatat (the one whose year had passed or which had been lost and then was found) must be left to die. If the owner tries to substitute for it, it no longer can make a substitute. It is forbidden to derive any benefit from it, as it is always forbidden to derive benefit from dedicated animals; however, if one does derive benefit from it, it is not considered sacrilege because the animal is not really sanctified any more. If, however, the original hatat is found (and is blemished) or passed a year before the owners had been atoned for, then the animal need not be left to die. The hatat whose year had passed is let out to pasture until it is blemished and then it can be sold. The hatat that was found blemished can be sold immediately. With the proceeds he buys a new hatat, and that hatat has all of the sanctity of regular hatat. It can make a substitute and if one derives benefit from it, he has committed sacrilege and will have to make restitution.