Monday 22 July 2019

Temura 2: Substitution of A Non-Sanctified Animal for a Sanctified Animal

Massechet Temura examines two passages in Vayikra (27:10) where we learn that animals exchanged for sanctified animals will be classified as sanctified along with the first animals.  There are two general ideas that apply in the laws of Teruma: While substitution is forbidden (with a punishment of lashes), it may still happen, consecrating the substitute; Through teruma, animals may be sacrificed even if they have a permanent blemish.  The Gemara discusses what should be done with these animals.

Our first Mishna teaches that everyone substitutes, men and women; not that anyone is permitted to substitute, but if it is done, the substitute is sacred and the person receives forty lashes.  Those lashes are the standard punishment for the transgression of a negative commandment in the Torah.  The rabbis argue about why these "forty minus one" lashes are only received once and not twice.  One of the arguments against this is that the transgression of a Biblical punishment is a single set of forty lashes.  

Rav Shlomo HaKohen of Vilna asks (Cheshek Shlomo) why the Mishna needs to teach this prohibition at all.  Wouldn't we believe that the prohibition was limited to a case where the owner of the sacrifice intended to take the sanctify from one animal and give it to another?  But the owner might have intended to sanctify the second animal via the first one, which would be permissible.  Thus our Mishna applies a stringency, teaching that all cases such as these are forbidden.

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