Temurah 45

הכל מודים שאם משך אחת והקריבה שהשניה מתה

All<span class="x" onmousemove="('comment',' Even the Rabbis, who hold that a sin-offering which was lost and found after another had been set aside in its place but before the latter was offered, is condemned to pasture.');">¹</span>

משכחת לה כגון שמשך אחת מהן והקריב ודברי הכל

the authorities agree that if he selected one<span class="x" onmousemove="('comment',' Of the two sin-offerings standing before us, the one lost and found and the other appointed in the place of the first.');">²</span>

אלא לרבי אבא אמר רב דאמר

[on his own accord]<span class="x" onmousemove="('comment',' Without coming to consult the Beth din as to which animal he should offer.');">³</span>

הכל מודים במתכפר בשאינה אבודה שאבודה מתה על מה נחלקו

and offered it,<span class="x" onmousemove="('comment',' Even if the one selected was the lost sin-offering and the owner obtained atonement therewith.');">⁴</span>

במתכפר באבודה דרבי סבר

the second [sin-offering] dies.<span class="x" onmousemove="('comment',' Even if it was the sin-offering which was never lost, since he thus showed deliberately that he was not concerned with it. For the Rabbis dispute only where the owner comes to consult the Beth din, thus showing that he is seeking a remedy, e.g., where he set aside a sin-offering and it was lost and then the first was found and he comes before us to consult as to what he should do. According to Rabbi we say to him, 'Obtain atonement through the sin-offering which was never lost', and the lost sin-offering is condemned to die, whereas according to the Rabbis we say to him, 'Obtain atonement through the lost sin-offering', and the other one is condemned to pasture.');">⁵</span>

מפריש לאיבוד כאיבוד דמי ורבנן סברי

[The latter part of the Mishnah here] can therefore be explained as referring to a case where e.g. , he [deliberately] selected one [heap of the monies for a sin-offering] and offered it, and [the Mishnah] will thus be according to all the authorities concerned [even the Rabbis].

לאו כאיבוד דמי

But according to R'Abba, who reported Rab as saying: All<span class="x" onmousemove="('comment',' V. p. 166, n. 4.');">⁶</span>

רישא סתם לן כרבנן סיפא סתם לן כרבי

the authorities concerned agree that where the owner obtained atonement through the sin-offering which was not lost, the lost sin-offering is condemned to die, and the difference of opinion arises only where [the owner] obtained atonement through the lost sin-offering, Rabbi holding that [the sin-offering] set aside instead of the lost one has the same law as the lost sin-offering,<span class="x" onmousemove="('comment',' Just as where the owner obtained atonement through the sin-offering which was never lost, the law is that the lost sin-offering is condemned to die, so if he was atoned for through the lost sin-offering, the one which was never lost is condemned to die.');">⁷</span>

ומאי קמשמע לן דפליגי רבי ורבנן בהדיא קתני לה מחלוקת רבי ורבנן בסיפא

whereas the Rabbis hold that it has not the same law as the lost sin-offering,<span class="x" onmousemove="('comment',' When therefore the Mishnah says that the sin-offering is brought from both sums together, thus implying that if the owners procured atonement by means of one sum, even that which was lost, the other sum which was not lost goes to the Dead Sea, this is the opinion of Rabbi.');">⁸</span>

המפריש חטאת ואבדה והפריש אחרת תחתיה ואחר כך נמצאת הראשונה והרי שתיהן עומדות אחת מהן תקרב ושניה תמות דברי רבי

- are we to say that [the Tanna of] the early part [of the Mishnah] states the law anonymously in agreement with the Rabbis and in the latter part of the Mishnah it states the law anonymously according to Rabbi! [Yes, the first part of the Mishnah agrees with the opinion of the Rabbis and the latter part agrees with the opinion of Rabbi.]<span class="x" onmousemove="('comment',' Inserted with Sh. Mek.');">⁹</span>

וחכמים אומרים

Now what does the Tanna of the Mishnah inform us?<span class="x" onmousemove="('comment',' By stating the law anonymously in one part of the Mishnah according to the Rabbis and in another according to Rabbi.');">¹⁰</span>

אין חטאת מתה אלא שנמצאת מאחר שכיפרו בעלים ואין מעות הולכות לים המלח אלא שנמצאו מאחר שכיפרו בעלים

That Rabbi and the Rabbis differ.

הא קמשמע לן

Surely the Mishnah explicitly mentions later this difference of opinion between Rabbi and the Rabbis [as follows]: IF ONE SET ASIDE A SIN-OFFERING AND IT WAS LOST AND HE SET ASIDE ANOTHER INSTEAD OF IT, THE FIRST THEN BEING FOUND AND BOTH WERE UNBLEMISHED, ONE OF THEM IS OFFERED AS A SIN-OFFERING AND THE SECOND IS CONDEMNED TO DIE.

דבר זה מחלוקת רבי ורבנן

THIS IS THE TEACHING OF RABBI.

גופא אמר רב הונא אמר רב

THE SAGES, HOWEVER, SAY: THE LAW OF A SIN-OFFERING WHICH IS CONDEMNED TO DIE ONLY APPLIES WHERE IT IS FOUND AFTER THE OWNERS HAVE OBTAINED ATONEMENT, AND THE MONEY DOES NOT GO TO THE DEAD SEA EXCEPT WHERE FOUND AFTER THE OWNERS OBTAINED ATONEMENT.

הכל מודים שאם משך אחת והקריבה שהשניה מתה

[The latter part of the Mishnah]<span class="x" onmousemove="('comment',' The clause which speaks of both sin-offerings standing before us, where it is stated explicitly that there is a dispute between Rabbi and the Rabbis in the matter.');">¹¹</span>

לא נחלקו אלא בבא לימלך דרבי סבר

informs us that [the previous clauses in the Mishnah]<span class="x" onmousemove="('comment',' Where one sin-offering was offered before the first was found and where one set aside money for the lost money of a sin-offering etc.');">¹²</span>

לא עשו תקנה בקדשים ואמרינן

are matters of dispute between Rabbi and the Rabbis.<span class="x" onmousemove="('comment',' One clause stating the law anonymously in accordance with the view of the Rabbis and the other clause stating the law anonymously according to the view of Rabbi.');">¹³</span>

לך התכפר בשאינה אבודה ואבודה מתה

[To turn to] the main text: R'Huna reported in the name of Rab: All the authorities agree that if he select one [sin-offering] and offered it, the second is condemned to die.

ורבנן סברי

The dispute between them refers only to the case where the owner comes to consult [the Beth din],<span class="x" onmousemove="('comment',' As to which sin-offering he should offer, and thus he did not do anything deliberately to show which animal he intends to offer.');">¹⁴</span>

עשו תקנה בקדשים ואמרינן

Rabbi holding that no remedy was devised for dedications,<span class="x" onmousemove="('comment',' For we do not care if the second animal dies.');">¹⁵</span>

לך התכפר באבודה ושאינה אבודה תרעה

and that we say: Obtain atonement through the sin-offering which was never lost and let the sin-offering which was lost die; whereas the Rabbis hold that a remedy was devised for dedications, and that we say to the owner: Go and obtain atonement through the sin-offering which was lost, and the sin-offering which was never lost is condemned to pasture.<span class="x" onmousemove="('comment',' And the Mishnah therefore means as follows: One of the sin-offerings is offered in order that the second shall die, i.e., that the sin-offering which was never lost should be sacrificed and the lost one be condemned to die. This is the teaching of Rabbi, whereas the Rabbis say that a sin-offering is not condemned to die in a case where he comes to consult the Beth din, for we say: 'Go and obtain atonement through the lost sin-offering', thus avoiding condemning a dedication to die. Where, however, the owner has already procured atonement, the lost sin-offering certainly dies, as there is no remedy in consulting, and the same law applies if the sin-offering is found even before atonement took place, if the owner did not consult the Beth din.');">¹⁶</span>

מותיב רב משרשיא

R'Mesharsheyah raised an objection: But was no remedy devised for dedications?

ולא עשו תקנה בקדשים

Has it not been taught: Why does the text state: They shall eat?<span class="x" onmousemove="('comment',' With reference to the remainder of a meal-offering. And the remainder thereof shall Aaron and his sons eat; in the court of the tent of meeting they shall eat it (Lev. VI, 9) .');">¹⁷</span>

והתניא

This teaches [us] that if there was only a little quantity [of the meal-offering] the priests may eat hullin and terumah with it in order that it may make a satisfying meal.<span class="x" onmousemove="('comment',' There is no difficulty about bringing hullin into the Temple court, since he can eat hullin outside first and then continue with the meal-offering in the Temple court. Or, as Tosaf. explains, there is no restriction in merely bringing an object into the Temple court so long as no service is performed with it.');">¹⁸</span>

(ויקרא ו, ט) יאכלו מה ת"ל

What is the point of the expression, 'They shall eat it'?

מלמד שאם היתה אכילה מועטת אוכלין עמה חולין ותרומה כדי שתהא נאכלת על השבע

In order to teach us that if the quantity was large,<span class="x" onmousemove="('comment',' The priest having many remainders of meal-offerings.');">¹⁹</span>

יאכלוה מה ת"ל שאם היתה אכילה מרובה אין אוכלין עמה חולין ותרומה כדי שלא תהא נאכלת על הגסה

the priests must not eat hullin or terumah with it, in order that the meal-offering should not make an over-sated meal.

מאי לאו אפילו רבי

Is not [this Baraitha] even according to the opinion of Rabbi?<span class="x" onmousemove="('comment',' Since no particular teacher is mentioned. We can therefore infer from here that a remedy was devised for dedications, since the Baraitha says here that hullin must not be eaten with large remainders of meal-offerings for fear of the latter becoming disqualified through being left over.');">²⁰</span>

לא רבנן

No, it is according to the Rabbis.<span class="x" onmousemove="('comment',' Who hold that we do devise a remedy for dedications.');">²¹</span>

ורבי אבא אמר רב

But R'Abba reported in the name of Rab: All the authorities concerned agree that where the owners obtained atonement through the sin-offering which was never lost, the lost sin-offering is condemned to die.

הכל מודים במתכפר בשאינה אבודה שאבודה מתה על מה נחלקו דמתכפר באבודה

The dispute between them, however, is where [the owner] obtained atonement through the sin-offering which was lost, Rabbi holding that the sin-offering set aside instead of the lost sin-offering has the law of th lost sin-offering, whereas the Rabbis hold that it has not the law of the lost in-offering.

דרבי סבר

We have learnt: The second [goat] pastures until unfit for sacrifice.

מפריש לאיבוד כאיבוד דמי

It is then sold and its money is used a freewill-offering, since a congregational sin-offering is not condemned to die.<span class="x" onmousemove="('comment',' V. supra ');">²²</span>

ורבנן סברי

Now this implies that a sin-offering belonging to an individual is condemned to die.

לאו כאיבוד דמי

And Rab said: Animals [destined for sacrifice] are not removed from sacred use;<span class="x" onmousemove="('comment',' And the first animal was not removed from sacred use on account of the death of its companion.');">²³</span>

תנן

and [consequently] when he procures atonement he does so through the second [goat] of the first pair.

השני ירעה עד שיסתאב וימכר ויפלו דמיו לנדבה שאין חטאת ציבור מתה הא דיחיד מתה ואמר רב

Now this latter [pair]<span class="x" onmousemove="('comment',' Set aside in place of the first goat of the first pair which died.');">²⁴</span>

בעלי חיים אינן נידחין כשהוא מתכפר בשני שבזוג ראשון מתכפר ואידך בתרא הוה ליה כמפריש לאיבוד וטעמא דציבור הא דיחיד מתה

is like that which is set aside instead of a lost sin-offering; and yet the reason<span class="x" onmousemove="('comment',' Why the second goat of the second pair pastures.');">²⁵</span> is because the goat belongs to the congregation; but if it belonged to an individual it would be condemned to die.