Talmud Bavli
Talmud Bavli

Halakhah for Temurah 52:15

לישנא דאתפוסי דכתיב

FOR THIS, IT IS NOT THE CASE OF A [VALID] EXCHANGE.<span class="x" onmousemove="('comment',' And his words are of no consequence, since an unblemished dedicated animal cannot become hullin.');"><sup>12</sup></span> AND IF THE DEDICATED ANIMAL WAS BLEMISHED, IT BECOMES HULLIN<span class="x" onmousemove="('comment',' And the other animal takes its place.');"><sup>13</sup></span> AND HE IS REQUIRED TO MAKE UP [THE HULLIN] TO THE VALUE [OF THE DEDICATED ANIMAL].<span class="x" onmousemove="('comment',' If the hullin is less in value than the dedication, since otherwise the consecration would be penalised. According to one explanation given later in the Gemara, this is only a Rabbinical requirement.');"><sup>14</sup></span> <big><b>GEMARA: </b></big>Does this mean to say that the [word] tahath<span class="x" onmousemove="('comment',' Used in connection with exchanging. Lit., 'under'.');"><sup>15</sup></span> has the meaning of occupying the place of?<span class="x" onmousemove="('comment',' I.e., that it becomes consecrated according to the law of exchange.');"><sup>16</sup></span> This is contradicted [by the following]: As regards dedications for Temple repairs, if one says: Halifath this,<span class="x" onmousemove="('comment',' If one set before him an animal of hullin and said: This shall be halifath (in place of) this dedication for Temple repairs.');"><sup>17</sup></span> temurath this, he has said nothing.<span class="x" onmousemove="('comment',' Since he used the language of temurah, which does not apply to dedications for Temple repairs.');"><sup>18</sup></span> [If, however, one says:] Tahath this, [this is] redeemed for this, his words stand.<span class="x" onmousemove="('comment',' The dedicated animal thus becoming hullin, and this one entering into its place, since even unblemished dedications for Temple repairs can be redeemed.');"><sup>19</sup></span> Now if we suppose that the [word] 'tahath' has the meaning of occupying the place of, what is the difference between the first and second clause [of the Baraitha]?<span class="x" onmousemove="('comment',' Why does the first clause in the Baraitha say that his words are of no consequence while the other clause says that his words stand, for since tahath is used in the sense of exchanging and there is no exchange in connection with repairs for Temple purposes, the Baraitha should have stated in the second clause also that his words are of no consequence.');"><sup>20</sup></span> - Said Abaye: The [word] 'tahath' is used in the sense of occupying the place of and in the sense of redeeming. In the sense of occupying the place of, as Scripture says:<span class="x" onmousemove="('comment',' Lev. XII, 23.');"><sup>21</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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