Commentaire sur Témoura 2:3
חֹמֶר בְּקָדָשִׁים מִבִּתְמוּרָה וּבִתְמוּרָה מִבְּקָדָשִׁים. שֶׁהַקֳּדָשִׁים עוֹשִׂים תְּמוּרָה וְאֵין תְּמוּרָה עוֹשָׂה תְמוּרָה. הַצִּבּוּר וְהַשֻּׁתָּפִין מַקְדִּישִׁים, אֲבָל לֹא מְמִירִים. וּמַקְדִּישִׁים אֵבָרִים וְעֻבָּרִים, אֲבָל לֹא מְמִירִים. חֹמֶר בִּתְמוּרָה, שֶׁהַקְּדֻשָּׁה חָלָה עַל בַּעֲלַת מוּם קָבוּעַ, וְאֵינָהּ יוֹצְאָה לְחֻלִּין לְהִגָּזֵז וּלְהֵעָבֵד. רַבִּי יוֹסֵי בַּר רַבִּי יְהוּדָה אוֹמֵר, עָשָׂה שׁוֹגֵג כְּמֵזִיד בַּתְּמוּרָה, וְלֹא עָשָׂה שׁוֹגֵג כְּמֵזִיד בַּמֻּקְדָּשִׁים. רַבִּי אֶלְעָזָר אוֹמֵר, הַכִּלְאַיִם, וְהַטְּרֵפָה, וְיוֹצֵא דֹפֶן, טֻמְטוּם, וְאַנְדְּרוֹגִינוֹס, לֹא קְדֵשִׁים וְלֹא מַקְדִּישִׁים:
Les [sacrifices] sacrés [originaux] sont plus stricts [à certains égards] qu'un substitut, et un substitut est [plus strict] que les [sacrifices] sacrés [originaux], car les [sacrifices] sacrés [originaux] peuvent faire un substitut, mais un remplaçant ne peut pas faire de substitut. Le public et les partenaires peuvent dédier un animal, mais ils ne peuvent pas se substituer, et [on peut] dédier des membres et des fœtus, mais on ne peut pas les remplacer. Un substitut est plus strict, [en ce que] la sainteté [imposée par l'acte de substitution] s'applique [même] à un animal avec un défaut permanent, et il ne peut pas être racheté pour être tondu ou travaillé. Rabbi Yose bar Rabbi Yehuda a dit: Ils ont assimilé [action] involontaire à une action intentionnelle concernant la substitution, mais pas en ce qui concerne [la dédicace originale] de saints [sacrifices]. Le rabbin Eliezer a dit: Kilayim [les produits de croisements interdits], terefot [animaux avec une condition mortelle telle qu'ils mourraient dans un an], ceux nés par césarienne, ceux de sexe indéterminé et hermaphrodites - ils ne peuvent pas non plus devenir sacrés [offrandes ] ni [où déjà sacré] ils ne peuvent rendre [d'autres animaux] sacrés [par substitution].
Bartenura on Mishnah Temurah
ואין תמורה עושה תמורה – the All-Merciful (i.e., God), said: (Leviticus 27:10): “[the thing vowed] and its substitute [shall both be holy],” but not the substitute of the substitute.
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English Explanation of Mishnah Temurah
Introduction
Today’s mishnah compares the laws that relate to dedicating something to the Temple with the laws that relate to an animal that has been substituted. As the rabbis love to do, they note that sometimes the laws governing dedications are more stringent, whereas at other times, the laws governing substitutes are more stringent.
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Bartenura on Mishnah Temurah
אברים ועוברים לא ממרים – for it is written (Leviticus 27:10): “[if one does substitute] one animal for another/בהמה בבהמה ” (see Tractate Temurah, Chapter 1, Mishnah 3).
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English Explanation of Mishnah Temurah
In some ways [the laws relating to] dedications are more stringent than [that those relating to] a substitute, and in some ways [those relating to] a substitute are more stringent than [those relating to] dedications. This section introduces the rest of the mishnah.
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Bartenura on Mishnah Temurah
על בעלת מום קבוע (for a permanent blemish)(see Tractate Temurah, Chapter 1, Mishnah 2) - that if he substituted an unconsecrated animal with a blemish for an pure sanctified animal, a greater holiness devolves upon it that if he would redeem it, it would go to an unconsecrated state to be sheared and/or labor but rather, according to the laws of Holy Things, that since its sanctification preceded its blemish, that when they redeem them, there is no permission for shearing and working it but rather only a permission of eating, which is not the case with Holy Things, for if their blemish preceded their sanctification, they go out to an unconsecrated state through redemption to be sheared and to labor. But regarding substitution/exchange, Scripture reveals (Leviticus 27:10): “[One My not exchange] or substitute another for it, either good for bad, or bad for good,” it did not distinguish between a pure animal and one with a blemish.
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English Explanation of Mishnah Temurah
In some ways [the laws relating to] dedications are more stringent than [those relating to] a substitute, For dedicated animals can make a substitute whereas a substitute cannot make another substitute. A congregation or partners can dedicate but cannot make a substitute. One can dedicate embryos and limbs, but one cannot make a substitute with them. There are three ways in which dedications are treated more stringently than substitutes, all of which we have learned before. In 1:5-6 we learned that a dedicated animal can make a substitute but that a substitute cannot make another substitute. In 2:1 we learned that only individuals can make substitutes. In 1:3 we learned that one can dedicate embryos and limbs but that one cannot make them a substitute for a dedicated animal.
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Bartenura on Mishnah Temurah
עשה שוגג כמזיד בתמורה – for if he thought to say, “a black bullock that went out of from my house first will be the exchange in place of that,” and it came out of his lips, “a white bullock,” regarding exchange/substitution, it is sanctified, and he is flogged, for Scripture reveals concerning this (Leviticus 27:10): “[the thing vowed and its substitute] shall both be holy;” for the altar it is not sanctified and he is not flogged, for an errant sanctification is not sanctified.
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English Explanation of Mishnah Temurah
[The laws relating to] a substitute are more stringent than [those relating to] dedications, since a substitute applies to a permanently blemished animal and it does not become hullin to be sheared or worked. One can substitute a permanently blemished animal for an unblemished animal, as we learned in 1:2. When the person comes to redeem the blemished animal from its holiness, which he must do because it cannot be sacrificed, the substituted animal does not become completely hullin, non-sacred. It still retains its holiness in that it cannot be sheared or worked. All that one can do with it is slaughter it for food. In contrast, if one dedicates an animal that already has a permanent blemish, it can be redeemed and when it is redeemed it can be sheared and put to work (see Hullin 10:2). In this way we can see that the laws governing the substitute are more stringent.
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Bartenura on Mishnah Temurah
הכלאים – (a cross-bred beast) - that comes from a he-goat and a sheep/ewe.
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English Explanation of Mishnah Temurah
Rabbi Yose son of Rabbi Judah says: they made an error to be the same as intent when it comes to a substitute, but they did not make an error to be the same as intent when it comes to dedication. If one substitutes an animal for another animal in error, the substitution works and the animal becomes holy, despite the fact that he didn’t know what he was doing. This is not so when it comes to dedications.
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Bartenura on Mishnah Temurah
לא קדשים (are not made holy) – through substitution/exchange. But even though that its holiness occurs in its exchange/substitution [of an animal] with a permanent blemish, it does not occur on these (i.e., cross-bred beasts, a torn animal, one born from the side, a beast lacking clear-cut sexual characteristics and one that has both male and female characteristics).
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English Explanation of Mishnah Temurah
Rabbi Elazar says: kilayim, terefah, a fetus extracted by means of a cesarean section, a tumtum and a hermaphrodite, cannot become sacred nor can they make sacred. “Kilayim” is an animal born of two different species, for instance a goat and sheep. A “tumtum” is an animal whose sex cannot be easily determined and a hermaphrodite (“androgynous”) is one who has signs of being both male and female. These animals cannot be dedicated, and if one tries to dedicate them, they are not holy. Furthermore, they cannot cause other animals to become holy. For instance, if they are already holy due to the fact that their parents were dedicated animals, they cannot make a substitute. One who tries to substitute another animal for them, the substituted animal is not holy. This is true even for Rabbi Judah who in mishnah five said that offspring of dedicated animals can make a substitute.
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Bartenura on Mishnah Temurah
ולא מקדישים (and do not impart [to a substitute] the status of holiness) – other things through substitution/exchange, if hey are holy. But something torn is found that it is holy, as for example, if he sanctified an animal and afterwards it became torn, and in this, it was necessary to state that even though it is holy, it does not impart the status of substitute. But mixed-bred animals and beasts lacking clear-cut sexual characteristics and one that has both male and female characteristics , from the beginning of their creation, they have been ruined , and you cannot find sanctity in them other than with the offspring of Holy Things, for their mother was sanctified before she was impregnated, for now of their own they are holy, for they are from the womb of their mother, and through them it was necessary to state that they don’t impart the status of substitute. But according to Rabbi Yehuda who stated that in the rest of the offspring, holy things do impart the status of substitute. But they are not similar to a defect, for [an animal] with a defect there is a sacrifice for its kind, but those which are not of its kind have no sacrifice and they are considered like an impure animal that does not impart the status of substitute. But we hold like Rabbi Yossi the son of Rabbi Eliezer and like Rabbi Eleazar, for o one disputes them in this.
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