Commentary for Temurah 9:48

שאני התם דאמ' רחמנא (ויקרא כז, כח) קודש קדשי' הוא בהווייתו יהא

The Divine Law therefore says: 'The first part of them', [to teach] that one must give 'the best' of one species and 'the best' of the other.<span class="x" onmousemove="('comment',' I.e., that we cannot separate from one species of fruit or grain for another.');">⁴¹</span> Another version:<span class="x" onmousemove="('comment',' Of Raba's reply.');">⁴²</span> But in the case of wine and corn in connection with which 'the best' is mentioned only once, [I might think that] one may separate from this [wine] for that [corn]. Scripture therefore says: The firs part of them. But is there not the case of devoted things, with reference to which Scripture says: [Notwithstanding, no devoted thing that a man may devote unto the Lord of all that he hath whether of man or of beast or of the field of his possession] shall be sold or redeemed.<span class="x" onmousemove="('comment',' Lev. XXVII, 28.');">⁴³</span> And we have learnt: Things devoted to priests<span class="x" onmousemove="('comment',' V. Num. XVIII, 14.');">⁴⁴</span> are not subject to redemption but must be given to the priest.<span class="x" onmousemove="('comment',' 'Ar. 28b.');">⁴⁵</span> Consequently we see that [a forbidden act]<span class="x" onmousemove="('comment',' I.e., the text: 'It shall not be sold, etc.'.');">⁴⁶</span> has no legal effect.<span class="x" onmousemove="('comment',' For if it is redeemed, the redemption is of no avail, as stated.');">⁴⁷</span> Shall we say that this refutes Abaye? - He [Abaye] will answer you: The case is different there, for the Divine Law says:<span class="x" onmousemove="('comment',' Lev. XXVII, 28.');">⁴⁸</span> 'Every devoted thing most holy unto the Lord it is',<span class="x" onmousemove="('comment',' So lit.');">⁴⁹</span> intimating that it shall remain in its status.<span class="x" onmousemove="('comment',' It does not pass from its sacred state through redemption.');">⁵⁰</span>

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