Temurah 3:4-5
משנה תמורה ג:ד-ה
Seder: Kodashim | Tractate: Temurah | Chapter: 3
📖 Mishna
Mishna 3:4
משנה ג:ד
Hebrew:
וַהֲלֹא אַף הַנְּדָבָה עוֹלָה הִיא. מַה בֵּין דִּבְרֵי רַבִּי אֶלְעָזָר לְדִבְרֵי חֲכָמִים. אֶלָּא, בִּזְמַן שֶׁהִיא בָאָה חוֹבָה, הוּא סוֹמֵךְ עָלֶיהָ וּמֵבִיא עָלֶיהָ נְסָכִין, וּנְסָכֶיהָ מִשֶּׁלּוֹ. וְאִם הָיָה כֹהֵן, עֲבוֹדָתָהּ וְעוֹרָהּ שֶׁלּוֹ. וּבִזְמַן שֶׁהִיא בָאָה נְדָבָה, אֵינוֹ סוֹמֵךְ עָלֶיהָ וְאֵינוֹ מֵבִיא עָלֶיהָ נְסָכִין, וּנְסָכֶיהָ מִשֶּׁל צִבּוּר. אַף עַל פִּי שֶׁהוּא כֹהֵן, עֲבוֹדָתָהּ וְעוֹרָהּ שֶׁל אַנְשֵׁי מִשְׁמָר:
English:
The mishna objects: But even according to the Rabbis, isn’t a gift offering also a burnt offering? What then is the difference between the statement of Rabbi Elazar and the statement of the Rabbis? Rather, the Rabbis are referring to a communal burnt offering and Rabbi Elazar is referring to an individual burnt offering, and there are several differences: When the animal comes as an individual burnt offering, the owner places his hands upon it and brings the accompanying meal offering and libations, and its libations come from his own property. If the owner was a priest, the right to perform its Temple service and the right to its hide are his. And when it is a communal gift offering, the owner does not place his hands upon it, and he does not bring its libations; rather, its libations are brought from the property of the community. Furthermore, although the owner is a priest, the right to perform its Temple service and the right to its hide belong to the members of the priestly watch serving that week.
קלאוד על המשנה:
This mishna clarifies the previous dispute between Rabbi Elazar and the Sages. Both say the money should buy “burnt offerings” — so what’s the difference?
The Question:
The Sages say: Money goes to “nedavah” (freewill offerings). Rabbi Elazar says: Owner brings “olot” (burnt offerings).
But wait — communal nedavah ARE burnt offerings! So what’s the practical difference?
The Answer:
| Feature | Individual Olah (Rabbi Elazar) | Communal Nedavah (Sages) |
|---|---|---|
| Semichah (leaning hands) | ✓ Owner does it | ✗ Not done |
| Libations | ✓ Owner brings | ✓ Community provides |
| Who pays for libations | Owner | Community treasury |
| If owner is a priest — service | His right | Goes to the weekly watch |
| If owner is a priest — hide | His | Goes to the weekly watch |
The Significance:
This is about personal CONNECTION to the offering:
Rabbi Elazar’s View: The owner maintains a personal connection. He does semichah, he pays for libations, and if he’s a priest, he can serve and keep the hide. The offering remains “his” in a meaningful sense.
Sages’ View: Once the money goes to communal funds, the original owner loses personal connection. The offering becomes communal property — served by whoever is on duty, with communal resources, and the benefits distributed among the priestly watch.
Key Terms:
- נדבה (Nedavah) = Freewill offering; here meaning communal gift offerings
- חובה (Chovah) = Obligation; individual required offering
- סומך (Somech) = Leans/places hands; semichah ritual
- נסכים (Nesachim) = Libations; accompanying wine and flour
- אנשי משמר (Anshei Mishmar) = Men of the watch; priests serving that week
Mishna 3:5
משנה ג:ה
Hebrew:
תְּמוּרַת הַבְּכוֹר וְהַמַּעֲשֵׂר, וּוְלָדָן, וּוְלַד וְלָדָן עַד סוֹף הָעוֹלָם, הֲרֵי אֵלּוּ כִבְכוֹר וּכְמַעֲשֵׂר, וְיֵאָכְלוּ בְמוּמָם לַבְּעָלִים. מַה בֵּין הַבְּכוֹר וְהַמַּעֲשֵׂר לְבֵין כָּל הַקֳּדָשִׁים. שֶׁכָּל הַקֳּדָשִׁים נִמְכָּרִים בְּאִטְלִיס וְנִשְׁחָטִין בְּאִטְלִיס וְנִשְׁקָלִין בְּלִטְרָא, חוּץ מִן הַבְּכוֹר וּמִן הַמַּעֲשֵׂר. וְיֵשׁ לָהֶן פִּדְיוֹן, וְלִתְמוּרוֹתֵיהֶן פִּדְיוֹן, חוּץ מִן הַבְּכוֹר וּמִן הַמַּעֲשֵׂר. וּבָאִים מֵחוּצָה לָאָרֶץ, חוּץ מִן הַבְּכוֹר וּמִן הַמַּעֲשֵׂר. אִם בָּאוּ תְמִימִים, יִקְרְבוּ. וְאִם בַּעֲלֵי מוּמִין, יֵאָכְלוּ בְמוּמָן לַבְּעָלִים. אָמַר רַבִּי שִׁמְעוֹן, מַה הַטַּעַם. שֶׁהַבְּכוֹר וְהַמַּעֲשֵׂר יֵשׁ לָהֶן פַּרְנָסָה בִמְקוֹמָן, וּשְׁאָר כָּל הַקֳּדָשִׁים אַף עַל פִּי שֶׁנּוֹלַד לָהֶם מוּם, הֲרֵי אֵלּוּ בִקְדֻשָּׁתָן:
English:
With regard to the substitute of a firstborn offering and the substitute of an animal tithe offering, and the offspring of those substitutes and the offspring of their offspring until the end of time, the halakhic status of these animals is like that of a firstborn offering and like that of an animal tithe offering: They graze until they become blemished, and at that point they may be eaten in their blemished state — the substitute of the firstborn by the priests and the substitute of the animal tithe by their owners. What is the difference between a firstborn offering and an animal tithe offering and all the other sacrificial animals? All the other sacrificial animals that were blemished and redeemed are sold in the butchers’ market, and slaughtered in the butchers’ market, and weighed and sold by the litra. This is the case for all consecrated animals except for the firstborn and animal tithe offerings. And all sacrificial animals are subject to redemption, and their substitutes are also subject to redemption — except for the firstborn and animal tithe offerings. And all sacrificial animals come to be sacrificed in the Temple even from outside of Eretz Yisrael, except for the firstborn and animal tithe offerings. But if they came unblemished, they are sacrificed; and if blemished, they may be eaten in their blemished state by the appropriate parties. Rabbi Shimon says: What is the reason? The firstborn and animal tithe offerings have a remedy in their place — they can graze until blemished and be eaten there. But all other sacrificial animals, even if blemished, remain in their sanctity and one must redeem them.
קלאוד על המשנה:
This mishna completes the survey of offering types by examining FIRSTBORN (בכור) and ANIMAL TITHE (מעשר). These two have unique features that set them apart from all other offerings.
Status of Substitutes:
| Original | Substitute Status | Who Eats (if blemished) |
|---|---|---|
| Firstborn | Like firstborn | Priests |
| Animal tithe | Like animal tithe | Owners |
How Firstborn and Tithe Differ from ALL Other Offerings:
| Feature | Other Offerings | Firstborn & Tithe |
|---|---|---|
| Sold in butcher market | ✓ | ✗ |
| Slaughtered in butcher market | ✓ | ✗ |
| Weighed by litra | ✓ | ✗ |
| Can be redeemed | ✓ | ✗ |
| Substitutes can be redeemed | ✓ | ✗ |
| Brought from abroad | ✓ | ✗ (ideally) |
Why These Differences?
Rabbi Shimon’s Explanation:
Firstborn and tithe have a “remedy in their place” (פרנסה במקומן):
- If they develop a blemish, they simply graze until blemished and are eaten locally
- No need to travel to Jerusalem or deal with Temple procedures
- They can be fully utilized where they are
Other offerings remain in their sanctity even when blemished:
- They must be redeemed
- The redemption money buys a replacement offering
- Therefore, it makes sense to bring them to the Temple (where the system operates)
The Commercial Dignity Rule:
Firstborn and tithe cannot be sold “commercially” (in markets, by weight). Why?
These offerings have automatic holiness — firstborn are born holy, tithe animals become holy when passing under the rod. Unlike voluntary offerings where a person actively chooses to consecrate, these have inherent dignity that shouldn’t be treated like merchandise.
Key Terms:
- בכור (Bekhor) = Firstborn animal; given to priests
- מעשר (Ma’aser) = Animal tithe; every tenth animal
- איטליס (Itliz) = Butcher market; commercial meat market
- ליטרא (Litra) = Litra (unit of weight); selling by weight
- פדיון (Pidyon) = Redemption; paying money to release sanctity
- חוצה לארץ (Chutzah La’Aretz) = Outside the Land; diaspora
- פרנסה במקומן (Parnasah BiMekoman) = Remedy in their place