Commentaire sur Houlin 10:2
כָּל הַקֳּדָשִׁים שֶׁקָּדַם מוּם קָבוּעַ לְהֶקְדֵּשָׁן וְנִפְדּוּ, חַיָּבִין בַּבְּכוֹרָה וּבַמַּתָּנוֹת, וְיוֹצְאִין לְחֻלִּין, לְהִגָּזֵז וּלְהֵעָבֵד, וּוְלָדָן וַחֲלָבָן מֻתָּר לְאַחַר פִּדְיוֹנָן, וְהַשּׁוֹחֲטָן בַּחוּץ פָּטוּר, וְאֵין עוֹשִׂין תְּמוּרָה, וְאִם מֵתוּ יִפָּדוּ, חוּץ מִן הַבְּכוֹר וּמִן הַמַּעֲשֵׂר. כֹּל שֶׁקָּדַם הֶקְדֵּשָׁן אֶת מוּמָן, אוֹ מוּם עוֹבֵר לְהֶקְדֵּשָׁן, וּלְאַחַר מִכָּאן נוֹלַד לָהֶם מוּם קָבוּעַ וְנִפְדּוּ, פְּטוּרִין מִן הַבְּכוֹרָה וּמִן הַמַּתָּנוֹת, וְאֵינָן יוֹצְאִין לְחֻלִּין לְהִגָּזֵז וּלְהֵעָבֵד, וּוְלָדָן וַחֲלָבָן אָסוּר לְאַחַר פִּדְיוֹנָן, וְהַשּׁוֹחֲטָן בַּחוּץ חַיָּב, וְעוֹשִׂין תְּמוּרָה, וְאִם מֵתוּ, יִקָּבֵרוּ:
Tous les animaux, pour le sacrifice, qui avaient contracté une tache permanente [c'est-à-dire incurable] avant d'être consacrés, et ont été rachetés, sont soumis aux lois concernant les oblations du premier-né et [les autres sacerdotales], et peuvent, comme les animaux utilisés pour חולין, être tondu et utilisé pour le travail. Les jeunes et le lait qu'ils produisent après avoir été rachetés sont également licites et aucune culpabilité n'est encourue s'ils ont été massacrés à l'extérieur [du temple]. Ils ne rendent pas un animal qui leur a été substitué un sacrifice valable, mais ils doivent être rachetés après leur mort. Les premiers-nés d'animaux et ceux donnés en dîme sont exclus. S'ils ont été consacrés avant d'avoir contracté la tache, ou qu'une tache transitoire a précédé la consécration, et qu'ils en ont par la suite contracté une permanente, ils sont libres, après avoir été rachetés, des lois relatives aux premiers-nés et autres oblations. ; mais ils ne peuvent pas, comme les animaux utilisés pour חולין, être tondus ou utilisés pour travailler avec. Les jeunes et le lait qu'ils produisent ne peuvent être utilisés, même après avoir été rachetés, et la culpabilité est encourue par quiconque les a massacrés à l'extérieur [du temple]. Ils rendent également un animal qui leur a été substitué un sacrifice valable et doivent être enterrés à leur mort.
Bartenura on Mishnah Chullin
כל הקדשים שקדם מדם קוע להקדישן – behold they are like one who dedicates–sanctifies wood and stones, and there isn’t in them an object which is consecrated as such.
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English Explanation of Mishnah Chullin
Introduction
An animal that has a permanent physical blemish cannot be sacrificed. Our mishnah distinguishes between cases where the blemish preceded the consecration of the animal, versus cases where the consecration preceded the blemish.
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Bartenura on Mishnah Chullin
ונפדו חייבין בככורות – if they gave birth after hey were redeemed, but not prior to redemption, for that which is consecrated for its value is superseded from the first born [animal] for holiness does not takes effect on something already possessing holiness.
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English Explanation of Mishnah Chullin
All consecrated animals whose permanent physical blemish preceded their consecration and were then redeemed: Are subject to the law of the firstling and to the priestly gifts, And when they become like hullin [by being redeemed] they may be shorn and may be put to work. And their young and their milk are permitted after they have been redeemed. And he who slaughtered them outside the sanctuary is not liable. And they do not render what is substituted for them [holy]. And if they died they may be redeemed, except for the firstling and the tithe of cattle. If the animal had a permanent blemish before it was consecrated, then the animal itself doesn’t become holy. Instead, the consecrator has in reality dedicated the value of the animal to the Temple. Thus this animal is treated like a hullin, non-sacred, animal, except that it has to be redeemed before any use can be made of it. If it gives birth to a firstling, the firstling is holy, as is the case with a hullin animal. When one slaughters it, he must give the shoulder, cheeks and stomach to the priest. After it becomes hullin by being redeemed, it may be shorn and work may be performed with it. Similarly, its young and its milk are not prohibited. One who slaughters it outside the Temple is not liable for he has slaughtered a non-sacred animal. If one tries to exchange it for another animal, the other animal is not holy. If the animal dies, it will still need to be redeemed, so that its meat can be given to dogs. The only exception to all of these rules is if this animal that had a permanent blemish is itself a firstling or a tithed animal. The firstling is holy from the moment it is born even if it has a blemish. Similarly, even blemished animals must be tithed (see Leviticus 27:33). Thus these animals are holy regardless of whether they have blemishes and therefore they cannot be treated as the animals above were treated.
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Bartenura on Mishnah Chullin
וולדן וחלבן מותר לאחר פדיונן – but he dedicates–sanctifies [animals[ without physical blemish but if they became physically blemished and were redeemed, their offspring are forbidden as mentioned above. But whether regarding the first clause [of the Mishnah] where it is taught that is permitted or the latter clause [of the Mishnah] where it is taught that is forbidden, we are dealing with a case where the animal became pregnant prior to its redemption and that it gave birth after its redemption, and its milk also, when we sanctify [animals] without physical blemish and they were redeemed, he derives them that they are prohibited, as it is written regarding consecrated animals that are disqualified that were redeemed (Deuteronomy 12:15): “[But whatever you desire], you may slaughter and eat meat [in any of your settlements],’ you may slaughter, but not shear, you may eat, but not for your dogs, meat, but not milk–forbidden fat.
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English Explanation of Mishnah Chullin
All [consecrated animals] whose consecration preceded their permanent, or their impermanent blemish [preceded] their consecration and subsequently they contracted a permanent blemish, and they were redeemed: Are exempt from the law of the firstling, and from priestly gifts; And they are not like unconsecrated animals to be shorn or put to work; And [even] after they have been redeemed their young and their milk are forbidden; And he who slaughtered them outside the sanctuary is liable; And they render what was substituted for them [holy], And if they died they must be buried. An animal that is first consecrated and then becomes blemished is a consecrated animal, even though it cannot be sacrificed. Similarly, if an animal has a passing blemish, and then it is consecrated, it is a consecrated animal. These animals must be redeemed, and the money used to buy a new sacrifice. However, they remain consecrated even after redemption. Therefore, their offspring is exempt from the laws of tithe and firstling, as are the offspring of all consecrated animals. One who slaughters them after their redemption need not give the shoulder, cheeks and stomach to the priest. Even after they are redeemed, it is forbidden to shear them or to perform any work with them. Their offspring and their milk remain prohibited, even after they have been redeemed. Indeed, it seems like the only thing that can be done with them is to eat them. Our version of the mishnah says that if one slaughters them outside of the Temple, he is liable. This is difficult, because what it he supposed to do with them he can’t offer them as sacrifices nor can he slaughter them outside of the Temple. There is a version which reads “exempt” instead of “liable.” However, the Talmud reads “liable” and explains that this mishnah is according to Rabbi Akiva who holds that if an animal with a blemish was put onto the altar, it is not to be removed (Zevahim 9:3). Thus, although this animal should not be sacrificed, if it is put on the altar, it can be sacrificed. If one exchanges this animal for another, the other animal also becomes holy. Consecrated animals cannot be exchanged one for the other, and if one tries to do so, the original animal remains holy and the new animal becomes holy. Finally, if they die before they are redeemed, they must be buried, because no one can derive benefit from their meat.
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Bartenura on Mishnah Chullin
ואין עושין תמורה – [and you don’t make an exchange of one sacrificial animal for another] even prior to their redemption. [An animal] that is good initially one can make an exchange of one sacrificial animal for another, and even I it becomes bad after one has sanctified it, but an animal that is initially bad, one does not do an exchange of one sacrificial animal for another.
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Bartenura on Mishnah Chullin
ואם מתו יפדו – and even though they ae not appropriate other than for dogs and we hold that we don’t redeem Holy Things to feed them to dogs. These are like mere wood and they do not remove the object which is consecrated which is irredeemable.
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Bartenura on Mishnah Chullin
חוץ מן הבכור והמעשר – and even though their physical blemishes preceded their dedication–sanctification, complete holiness takes effect for all their things, urt they are not fit to be sacrificed, for the All-Merciful assigned the firstborn in the womb, and it makes no difference whether it is pure or whether there is a physical defect, it is holy. He pure animal is offered up, but the one with a physical defect, the Kohen consumes with its defect, and the tithing of cattle is also written concerning it (Leviticus 27:32-33): “[All tithes of the herd or flock – of all that passes under the shepherd’s staff,] every thenty one -shalll be holy to the LOD. He must not look out for good as against bad, [or make substitution for it].” “Good” is an unblemished bull; bad is a bull with a physical defect.
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Bartenura on Mishnah Chullin
מום עובר קודם לשהקדישו – a passing physical defect is like he lacks it.
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Bartenura on Mishnah Chullin
פטורים מן הבכורה – as it is written regarding consecrated animals that are disqualified that were redeemed (Deuteronomy 12:15): “ [The unclean and the clean alike may partake of it,] as of the gazelle and the deer.” Just as the gazelle and the deer are exempt from the law appertaining to first-born animals, because it is written (Deuteronomy 15:19): }You shall.consecrate to the LORD your God all male firstlings that are born in your herd and in your flock,” even consecrated animals that are disqualified that were redeemed even if they were born after they were redeemed, they are exemot from the law appertaining to the first-born.
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Bartenura on Mishnah Chullin
המתנות – the shoulder, the cheeks and the stomach.
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Bartenura on Mishnah Chullin
וולדן וחלבן – we are speaking of when it became pregnant before its redemption and gave birth after its redemption, as was explained above. If it became pregnant and gave birth after its redemption, its offspring is a deer and a ram. But if it did not give birth prior to its redemption, even if its physical defect preceded its dedication–sanctification, also, its offspring are forbidden.
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Bartenura on Mishnah Chullin
והשוחטן בחוץ חייב – and even though they are not worthy for the entrance to the Tent of Meeting because they have physical defects, and it is taught in the Mishnah (actually a Baraita, Tractate Yoma 63b and Tractate Temurah 6b): That which is worthy for the entrance to the Tent of Meeting, we are liable for [if slaughtered] outside [the Temple courtyard], and that which is not worthy inside, we are not liable for [if slaughtered] outside, Our Mishnah establishes it as a veiled or withered spot in the eye–cataract and that it is [the opinion of] Rabbi Akiva who stated (see Tractate Zevakhim, Chapter 9, Mishnah 3) that [regarding animals that are blemished], if they have gone up, they should not go down; therefore, for since they are inside, they do not go down, and we are liable for them outside if he slaughtered them prior to their redemption.
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Bartenura on Mishnah Chullin
ועושין תמורה – prior to their redemption, as it is written (Leviticus 27:10): “[One may not exchange or substitute another for it,] either good for bad, or bad for good; [if one does substitute one animal for another, the thing vowed and its substitute shall both be holy].”
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Bartenura on Mishnah Chullin
ואם מתו – from their own accord.
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Bartenura on Mishnah Chullin
יקברו – and we don’t redeem the Holy Things to feed them to the dogs.
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