Halakhah for Temurah 52:10
<big><strong>גמ׳</strong></big> למימרא דתחת לישנא דאתפוסי הוא ורמינהו
What is the ruling, however, if he says: A half of an animal shall be an exchange and half of an animal tithed?<span class="x" onmousemove="('comment',' His statements in both instances have a certain irregularity since as regards tithe one cannot say: Let this be tithe except when the animal is passing through the shed to be numbered, and in the case of exchange one cannot say: Let this be an exchange unless there is an animal with which a substitute might be effected.');"><sup>9</sup></span>
Sefer HaChinukh
To not exchange consecrated things: To not exchange consecrated things - meaning to say one should not exchange a beast that has been consecrated for another beast afterwards, but it should rather be offered itself. And about this is it stated (Leviticus 27:10), "He shall not substitute nor exchange for it." And from when they exchanged it - meaning, that they said, "This instead of that"; "This in exchange for that"; or what is similar to these expressions, which is the essence of exchange (Temurah 26b) - there is liability for lashes in the thing, even though there is no act [involved] with it. [This is the case] even if there was somewhat of an error in the case. How is this? One who intends to say, "Behold this is in exchange for the burnt-offering that I have," but he says, "in exchange for the peace-offering that I have" - behold, this is an exchange and he is lashed; as nonetheless regarding the exchange it was volitional. But if his thought was that it was permissible to exchange, he is certainly not lashed. For one, it was inadvertent. And also, we only administer lashes with witnesses and a warning - and behold there is no warning [in such a case].
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