Wednesday 14 August 2019

Temura 26: Two Statements About Sacrifice

What should be done if the owner of an ola, burnt offering, and a shelamim, peace offering, attempts to switch one or both of his/her animals using the laws of temura, what should be done?

The Mishna states that Rabbi Meir encountered a case where one animal is about to replace a sanctified animal, and the person says "this animal is hereby the substitute of the ola, the substitute of the shelamim," we accept the first statement and the animal is declared an ola.  

Rabbi Yosei states that if the owner really intended for the animal to substitute for both, the two statements cannot be made simultaneously and thus the animal is declared to be half-ola, half-shelamim.  That animal cannot be sacrificed, and so all wait until it develops a blemish that would would render it unfit for sacrifice.  Once halacha allows it to be redeemed for money, half of the proceeds buy an ola and the other buy a shelamim.  If the owner changes his/her mind after making the first statement, then only the first statement is valid.

Rabbi Yitzchak b'Rabbi Yosei says in the name of Rabbi Yochanan that all agree to the principle of tefos lashon rishon, accept the first statement.  If the person said that "this animal should substitute for the ola and then it should substitute for the shelamim," even Rabbi Yosei would rule like Rabbi Meir.  

This Mishna is discussed in Massechet Zevachim (30), the Gemara does not speak of tefos lashon rishon as a significant factor.  It seems to assume that the principle is rejected by both Rabbi Meir and Rabbi Yosei.  The Gemara assumes that they differ on how to understand the intention of the person who is making the statements and their intention when stating that the person changed his/her mind.

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