Temurah 46

מאי לאו אפי' רבנן

Does not [this Mishnah] represent even the opinion of the Rabbis?<span class="x" onmousemove="('comment',' Since it is stated anonymously. Hence we can deduce that a sin-offering set aside has the law of a lost sin-offering, since atonement is obtained through the first goat, the companion of the one lost. And the one belonging to the second pair, which along with its companion was not lost but was set aside, if belonging to an individual is condemned to die, even according to the opinion of Rabbi. The Rabbis therefore must have a different reason for their view than that given by R. Abba (Rashi) .');">¹</span>

לא רבי היא תנן

- No.

המפריש חטאת ואבדה והקריב אחרת תחתיה תמות

It represents that of Rabbi.<span class="x" onmousemove="('comment',' And therefore in a case of an individual the animal dies, but according to the Rabbis the animal would only pasture, since the animal set aside has not the law of the lost animal.');">²</span>

טעמא דקריבה הא לא הקריבה תרעה ל"ש מתכפר באבודה לא שנא מתכפר בשאינה אבודה לא שנא משך ולא שנא לא משך תיובתא דתרוייהו

We have learnt: IF ONE SET ASIDE A SIN-OFFERING AND IT WAS LOST AND HE OFFERED ANOTHER INSTEAD OF IT, IT IS CONDEMNED TO DIE.

מילתא דפסיקא ליה קתני מילתא דלא פסיקא ליה לא קתני

Now the reason is because he offered it [and afterwards the first sin-offering was found], but if he did not offer it [before the first animal was found], it pastures irrespective of whether the atonement then took place through the lost sin-offering or atonement took place through the sin-offering which was never lost, and irrespective of whether he selected one [of the sin-offerings] or did not select.

תנן

Shall we say that this refutes both [Amoraim]?<span class="x" onmousemove="('comment',' R. Huna and R.Abba.');">³</span>

המפריש מעות לחטאת ואבדו והפריש אחרים תחתיהם ואח"כ נמצאו המעות יביא מאלו ומאלו חטאת והשאר יפלו לנדבה טעמא דמתכפר מאלו ומאלו הא מאחד יוליכם לים המלח לא שנא מתכפר באבודה ולא שנא מתכפר בשאינה אבודה ולא שנא משך ולא שנא לא משך תיובתא דתרוייהו

- [The Tanna in the Mishnah] states what he is certain about<span class="x" onmousemove="('comment',' The thing about which he is absolutely certain, and therefore he only mentions the case where atonement took place before the sin-offering was found and in which the animal is condemned to die, since he is sure of this. You cannot, however, deduce from this case that where the offering had not taken place and the sin-offering was found, it pastures, since sometimes it pastures and sometimes it is condemned to die, e.g., according to R. Huna where he selected one sin-offering, even the lost one, the other is condemned to die, whereas if the owner came to consult the Beth din as to which animal is to be offered, the one remaining over is only condemned to pasture. And according to R. Abba whether he selected one of the animals for sacrifice or came to consult, if atonement was procured with the sin-offering which was never lost, the lost one is condemned to die, whereas if atonement was procured through the lost sin-offering, the other is condemned to pasture.');">⁴</span>

הכא נמי מילתא דפסיקא ליה קתני ומילתא דלא פסיקא ליה לא קתני

but does not state what he is not certain about.<span class="x" onmousemove="('comment',' Where e.g., the sin-offering was found before atonement took place, when according to R. Huna, the animal dies if he did not consult the Beth din, or according to R. Abba, the animal dies if the owner obtained atonement through the animal which was never lost, since where the sin-offering was found before atonement, it can either pasture or die, according as to whether a certain condition was present, whereas in the former case, viz., where the sin-offering was found after atonement, the animal is condemned to die without any distinction (Rashi) .');">⁵</span>

א"ר אמי

We have learnt: IF ONE SET ASIDE MONEY FOR A SINOFFERING AND IT WAS LOST AND HE SET ASIDE OTHER MONEY INSTEAD OF IT, IF THE FIRST MONEY WAS THEN FOUND, HE BRINGS A SIN-OFFERING FROM BOTH [SUMS], AND THE REST IS USED FOR A FREEWILL-OFFERING.

המפריש שני ציבורי מעות לאחריות מתכפר באחד מהן ושני יפלו לנדבה אליבא דמאן

Now the reason is because [the owner] obtains atonement from a sin-offering brought from both [sums], but if he brought a sin-offering from one [sum], he takes the other to the Dead Sea, irrespective of whether atonement took place through the lost money, or the money which was never lost, and irrespective of whether he selected one [heap of the money] or he did not select.<span class="x" onmousemove="('comment',' And the presumption was that this is the opinion of all the authorities concerned even the Rabbis. Therefore the reason for the opinion of the Rabbis must be different from that given both by R. Huna and R. Abba.');">⁶</span>

אילימא אליבא דרבי פשיטא דיפלו לנדבה ע"כ לא קאמר רבי אלא במפריש לאבוד אבל לאחריות מודה

Shall we say this refutes the two [Amoraim]?<span class="x" onmousemove="('comment',' R. Huna and R. Abba.');">⁷</span>

ואלא אליבא דרבנן פשיטא ליה דיפלו לנדבה ק"ו

- Here too [the Tanna of the Mishnah] states what he is certain about,<span class="x" onmousemove="('comment',' E.g., where he brings a sin-offering from both monies. This is a good remedy not requiring any condition. You cannot, however, deduce that where he brings a sin-offering from one of the heaps of money, the money goes to the Dead Sea, since sometimes it goes to the Dead Sea and sometimes it is used for a freewill-offering, according to the condition set forth respectively in the views of R. Huna and R. Abba.');">⁸</span>

השתא מפריש לאיבוד אמור רבנן לאו כאיבוד דמי לאחריות מיבעיא

but he does not state what he is not certain about.<span class="x" onmousemove="('comment',' E.g., if he brought a sin-offering from one heap of the coins, the Tanna has to introduce a certain condition, according to the opinion of R. Huna, viz., whether he selected one heap or not, and according to R. Abba, whether it was the lost money or the other. Since therefore the bringing of a sin-offering from one heap of money does not determine absolutely that the other goes to the Dead Sea, the Tanna does not trouble to mention it in the MISHNAH:');">⁹</span>

ואלא אליבא דר"ש איצטריכא ליה מהו דתימא

Said R'Ammi: If one sets aside two heaps of money for security's sake,<span class="x" onmousemove="('comment',' So that if one heap was lost, atonement can be procured through the other.');">¹⁰</span>

לית ליה לר"ש נדבה קמ"ל דאית ליה נדבה

he can obtain atonement for one of them and the other is then used for a freewill-offering.

ומי מצית אמרת דלית ליה נדבה לר"ש

Whose opinion does this represent?

והתני'

Will you say the opinion of Rabbi?

שלשה עשר שופרות היו במקדש והיה כתוב עליהן

Surely it is obvious that the second [heap of money] is used for a freewill-offering, since Rabbi [says the money must go to the Dead Sea] only in the case where one sets aside money for what is lost, but he would agree that when the setting aside is for security's sake [it must be used for a freewill-offering].

תיקלין חדתין ועתיקין קינין וגוזלי עולה עצים ולבונה וזהב לכפרת וששה לנדבה

Shall I say then that it is the opinion of the Rabbis?

ותני עלה ששה לנדבה לעולה הבאה מן המותרות שאין עורה לכהנים דברי רבי יהודה

But surely it is obvious that the mon are used for freewill-offerings! It is a conclusion from minor to major [as follows]: Seeing that if one sets aside [money instead of the money] for a lost sin-offering, the Rabbis hold that it has not the law of the lost sin-offering, can there be a doubt where the setting aside is for security's sake? - Rather he had [to state it] according to the opinion of R'Simeon.<span class="x" onmousemove="('comment',' Who says (supra 15b) that the five sin-offerings are condemned to die and does not hold at all that any of these pasture so that their money could be used for freewill-offerings.');">¹¹</span>

אמר לו רבי נחמיה ואמרי לה ר"ש

You might have said that R'Simeon does not hold that there can be a freewill-offering [of an animal which was once a sin-offering].<span class="x" onmousemove="('comment',' And just as there is none in the case of the animal, so there is none brought with the money of a sin-offering.');">¹²</span>

א"כ בטלה מדרשו של יהוידע הכהן

[R'Ammi] therefore informs us that a freewill-offering [can take the place of a sin-offering].

דתניא זה מדרש דרש יהוידע הכהן

But how can you say that R'Simeon holds that there is no freewill-offering in place of a sin-offering?

(ויקרא ה, יט) אשם הוא כולו להביא כל דבר הבא ממותר חטאות ואשמות ליקח בדמיו עולות הבשר לשם ועורות לכהנים

Have we not learnt: There were thirteen horn-shaped [offering] boxes in the Temple and on them were inscribed [respectively] the words, New shekels,<span class="x" onmousemove="('comment',' One who did not bring his shekel payment in Adar could bring it the whole year round and he put it into this offering box.');">¹³</span>

אלמא

Old shekels,<span class="x" onmousemove="('comment',' One who did not bring his shekel during the year brought it the following year and put it into this box. The walls, towers and other requirements of the city were built with this money.');">¹⁴</span>

אית ליה נדבה לרבי שמעון

Bird sacrifices,<span class="x" onmousemove="('comment',' Those who required a ceremony of atonement e.g., a woman after childbirth, a leper, etc. brought money and put it into this box for the bringing of bird sacrifices and could partake of a sacrificial meal in the evening in the confident belief that priests had emptied the box and brought the necessary sacrifices.');">¹⁵</span>

איצטריך סלקא דעתך אמינא כי אית ליה נדבה לר"ש בחד סידרא

Pigeons for a burnt-offering,<span class="x" onmousemove="('comment',' He who offered young pigeons for a burnt-offering put the money for this purpose into this box.');">¹⁶</span> Wood,<span class="x" onmousemove="('comment',' One who offered wood for the altar put the money for it into this box.');">¹⁷</span> Frankincense,<span class="x" onmousemove="('comment',' The person who gave frankincense put the money for it into this box.');">¹⁸</span> Gold for kapporeth.<span class="x" onmousemove="('comment',' 'Covering'; one who wished to make offerings of gold foil for the sacred vessels put the money for it into this box. Aliter: 'bowl'; one who wished to offer gold for a sacred vessel, e.g., a bowl, placed it in this box.');">¹⁹</span> And six [horn-shaped] offering boxes were for the freewill-offerings [of the congregation].<span class="x" onmousemove="('comment',' Burnt-offerings; v. Shek. VI, 5.');">²⁰</span> And it has been taught with reference to this [Mishnah]: The statement, 'six boxes for a freewill-offering' means for burnt-offerings which come from the sacrificial surpluses,<span class="x" onmousemove="('comment',' Of sin-offerings and trespass-offerings.');">²¹</span> and the skins do not belong to the priests.<span class="x" onmousemove="('comment',' But they are sold again and burnt-offerings are bought with the money.');">²²</span> This is the teaching of R'Judah. R'Nehemiah - some say R'Simeon - said to him: If so,<span class="x" onmousemove="('comment',' That the skins do not belong to the priests.');">²³</span> the interpretation of Jehoaida the Priest is nullified, since we have learnt: The following exposition<span class="x" onmousemove="('comment',' Heb. Midrash.');">²⁴</span> was made by Jehoaida the Priest: [Scripture says]: It is a guilt-offering, he is certainly guilty before the Lord,<span class="x" onmousemove="('comment',' Lev. V, 19. The first part of the text implies that it was eaten by the priest, while the latter part implies that it belonged to the Lord. How do you reconcile this? (R. Gershom.)');">²⁵</span> this includes everything which comes from the surpluses of sin-offerings and guilt-offerings, thus enjoining that burnt-offerings shall be brought with their money, the flesh to be used for the Name [of God]<span class="x" onmousemove="('comment',' To be burnt wholly on the altar.');">²⁶</span> and the skins for the priests.<span class="x" onmousemove="('comment',' Thus both parts of the verse are applicable.');">²⁷</span> Consequently we see that R'Simeon holds that there can be a freewill-offering [replacing a sin-offering]?<span class="x" onmousemove="('comment',' Why therefore does R. Ammi need to inform us that R. Simeon holds that a freewill-offering can replace a sin-offering?');">²⁸</span> - It is necessary [for R'Ammi to give us his ruling in connection with R'Simeon]. For you might think. that R'Simeon holds that there can be a freewill-offering<span class="x" onmousemove="('comment',' From the surpluses of sin-offerings and guilt-offerings.');">²⁹</span> only in one<span class="x" onmousemove="('comment',' I.e., where one heap of coins was set aside for a sin-offering and on the lambs becoming cheap there was a surplus from the money.');">³⁰</span> row,