Temurah 37

Chapter 37

א אבל גבי תמורת ולד אשם דליכא שם עולה על אמו מודי רבי אליעזר דבדמיו אין הוא עצמו לא קרב

1 But in the case of exchange1

ב איתיביה אביי וכי בעי רבי אליעזר שם עולה על אמו והא תניא המפריש נקבה לפסחו ירעה עד שיסתאב ותמכר ויביא בדמיה פסח ילדה ירעה עד שיסתאב וימכר ויביא בדמיו פסח

2 of a guilt-offering, where the mother has not the name of a burnt-offering,<span class="x" onmousemove="('comment',' For the first animal, in virtue of which the exchange and its young are holy, was dedicated as a guilt-offering and sacrificed as such and was not a burnt-offering (Rashi) .');">2 [R'Eliezer] also agrees that [one can buy a burnt-offering] with its money but that [the animal] itself is not offered. Abaye raised an objection: But does R'Eliezer indeed require that the mother should have the name of a burnt-offering? Has it not been taught: If one sets aside a female animal for a passover sacrifice, it is to pasture until unfit for sacrifice.

ג נשתיירה אחר הפסח תרעה עד שיסתאב ויביא בדמיה שלמים ילדה ירעה עד שיסתאב וימכר ויביא בדמיו שלמים ר"א אומר הוא עצמו יקרב בשלמים

3 It is then sold and a Passover sacrifice [a male] is bought with its money. I gave birth [before Passover], it [the young] is to pasture until it is unfit for sacrifice. It is then sold and passover sacrifice is bought with its money. If it remained over until after Passover,3

ד והא הכא דליכא שם שלמים על אמו ואמר רבי אליעזר יקרב שלמים אמר ליה [רבא] (ר' אלעזר) אחר הפסח קא אמרת שאני אחר הפסח דמותר פסח גופיה קרב שלמים

4 it is to pasture until i is unfit for sacrifice. It is then sold and he brings a peace-offering<span class="x" onmousemove="('comment',' For a Passover sacrifice at other times of the year can be brought as a peace-offering. The animal itself, however, cannot be brought as a peace-offering, since its holiness as a Passover sacrifice has been suspended and it is therefore also unfit for a peace-offering.');">4 with its money. If it [the female Passover sacrifice] gave birth,5

ה אי הכי ניפלוג נמי ברישא אמר ליה אין ה"נ ופליגי

5 it is to pasture until it is unfit for sacrifice. It is then sold and a peace-offering is with its money. R'Eliezer says: The [animal] itself is offered as a peace-offering.6

ו אביי אמר לא פליג מידי דגמירי למקום שהמותר הולך הולד הולך לאחר הפסח דמותר קרב שלמים ולד נמי קרב שלמים

6 Now here is a case where the mother has not the name of a peace-offering and R'Eliezer says: He offers it as a peace-offering? - Raba said to him: The case after Passover is different, since what has not been used [of animals] dedicated for the Passover sacrifice is itself offered as peace-offerings.<span class="x" onmousemove="('comment',' Where e.g., one set aside a Passover sacrifice and he procured atonement through another, the one remaining over is offered as a peace-offering. Therefore this animal which remained over from Passover has the name of a peace-offering, the name of the Passover having disappeared from it, and there falls on it the name of a peace-offering. If, however, it is a female, it cannot be offered, since it comes in virtue of a Passover dedication. Its young, therefore, is offered as a peace-offering (Rashi) .');">7 If this is so,8 let the dispute [between R'Eliezer and the Rabbis] be stated also in connection with the first clause above?<span class="x" onmousemove="('comment',' Where the female Passover sacrifice gave birth before Passover, and let R. Eliezer maintain that the young itself is offered as a peace-offering, since if he killed the mother at any time of the year it would be considered a peace-offering. Consequently the mother possesses the name of a peace-offering.');">9 - He said to him: 'Yes, that is so'.10

ז אבל לפני הפסח אימיה למאי אקדשה לדמי פסח ולד נמי לדמי פסח

ח מתיב רב עוקבא בר חמא ומי אמרינן מדאימיה לדמי ולד נמי לדמי והתניא המפריש נקבה לפסח היא וולדותיה ירעו עד שיסתאבו וימכרו ויביא בדמיהם פסח ר"א אומר הוא עצמו יקרב פסח

8 Abaye says: R'Eliezer does not differ [in the first clause above],<span class="x" onmousemove="('comment',' Where the animal gave birth before Passover, agreeing that the animal after becoming unfit for sacrifice is sold and a Passover sacrifice is bought with the money. The reason of R. Eliezer, however, in the second part of the Tosef. is not because the mother has not the name of a peace-offering but since, etc.');">11 since there we have it on tradition that [the purpose for] which an unused dedicated animal goes,<span class="x" onmousemove="('comment',' If one set aside two animals for security's sake (in case one was lost) or if the animal which he set aside was lost, the owner procuring atonement by means of another animal, and the first animal was found. Therefore where one set aside a female for a burnt-offering, just as if one separates a burnt-offering and the owner procured atonement by means of another animal the second is offered as a burnt-offering, so the young of a female burnt-offering is treated in the same way, i.e., as a burnt-offering. In the case too of an unused guilt-offering which is left to pasture, the young of the exchange of a guilt-offering is also left to pasture. And as regards the Passover sacrifice after Passover, since an unused Passover lamb is brought as a peace-offering, the same law applies to its young. Further, in regard to a Passover sacrifice before Passover where there is a superfluous sacrifice, e.g., if he set aside two Passover sacrifices for security's sake, they are not fit for peace-offerings, since they are to be used ordinarily for the Passover. One of them is certainly superfluous and is not fit for a Passover sacrifice, since two Passover sacrifices cannot be offered. Since therefore they cannot be used for any purpose, the young too is not fit to be offered for any sacrifice but follows the mother which is holy only for the value of a Passover offering (Rashi) .');">12 its young is used in the same way.13 Now, after Passover, when an animal unused for a Passover sacrifice is considered a peace-offering, its young too is used as a peace-offering. But before Passover, for what purpose did he dedicate the mother?

ט והא הכא דאימיה לדמי ואמר רבי אליעזר הוא עצמו קרב פסח ולא מוקמינן ליה באימיה

9 For the value of the Passover sacrifice.14

י אמר רבינא במפריש בהמה מעוברת עסקינן רבי אליעזר סבר כרבי יוחנן דאמר אם שיירו משוייר דעובר לאו ירך אמו הוא ואמו היא דלא קדשה קדושת הגוף אבל היא קדשה

10 Therefore in the case of the young too it is used for the value of the Passover sacrifice.15 R'Ukba B'Hama raised an objection: But do we say that since the mother is used only for its money value, its young is also used only for its money value?

יא אמר ליה מר זוטרא בריה דרב מרי לרבינא הכי נמי מסתברא דבבהמה מעוברת עסקינן מדקתני היא וולדותיה שמע מיניה

11 Surely it has been taught: If one sets aside a female animal for the Passover sacrifice, it and its offspring pasture until unfit for sacrifice, and they are then sol and a Passover sacrifice is bought with the money. R'Eliezer, however, says: The [animal] itself is offered as a Passover sacrifice. Now here the mother is dedicated for its value and R'Eliezer says that its young is offered as a Passover sacrifice and we do not apply to it the same rule as to its mother? - Said Rabina: We are dealing here with a case where he sets aside a pregnant animal.16 R'Eliezer holds the view of R'Johanan who says that if he left over [the embryo for a different dedication], the act is valid,<span class="x" onmousemove="('comment',' If one dedicates a pregnant animal and leaves over the embryo for another dedication, this is regarded as valid; consequently we see that they are considered two separate bodies. Therefore even if he did not leave over the dedication of the embryo, it is not considered part of the body of the mother, and consequently its consecration as a Passover sacrifice has effect.');">17 for an embryo is not considered as the thigh of its mother. Therefore it is only the mother [being a female] which receives no bodily consecration, whereas its embryo receives bodily consecration. Said Mar Zutra the son of R'Mari to Rabina: It also stands to reason that we are dealing [in the above Baraitha] with the case of a pregnant animal, since the Baraitha says: 'It and its offspring'.<span class="x" onmousemove="('comment',' Implying that both were in existence at the time of dedication, since the Baraitha does not say: If one sets aside a female animal for its Passover sacrifice let it go to pasture; if it gave birth to a male let it go to pasture, etc. This would have implied that it gave birth later, after the dedication.');">18 This is proved.

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