Temurah 4:1-2
משנה תמורה ד:א-ב
Seder: Kodashim | Tractate: Temurah | Chapter: 4
📖 Mishna
Mishna 4:1
משנה ד:א
Hebrew:
וְלַד חַטָּאת, וּתְמוּרַת חַטָּאת, וְחַטָּאת שֶׁמֵּתוּ בְעָלֶיהָ, יָמוּתוּ. שֶׁעָבְרָה שְׁנָתָהּ וְשֶׁאָבְדָה וְנִמְצֵאת בַּעֲלַת מוּם, אִם מִשֶּׁכִּפְּרוּ הַבְּעָלִים, תָּמוּת, וְאֵינָהּ עוֹשָׂה תְמוּרָה, לֹא נֶהֱנִין, וְלֹא מוֹעֲלִין. אִם עַד שֶׁלֹּא כִפְּרוּ הַבְּעָלִים, תִּרְעֶה עַד שֶׁתִּסְתָּאֵב, וְתִמָּכֵר, וְיָבִיא בְדָמֶיהָ אַחֶרֶת, וְעוֹשָׂה תְמוּרָה, וּמוֹעֲלִין בָּהּ:
English:
The offspring of a sin offering and the substitute for a sin offering, and a sin offering whose owner has died shall be sequestered and left to die. And with regard to a sin offering that is unfit for sacrifice because its first year from birth has passed, and a sin offering that was lost and when it was found, it was blemished, if it was after the owner achieved atonement through sacrifice of another animal as a sin offering, the blemished animal shall die, and it does not render a non-sacred animal exchanged for it a substitute. Furthermore, one may not derive benefit from any of these sin offerings ab initio, but if one derived benefit from them, after the fact, he is not liable to bring a sin offering for misuse of consecrated items. And if the lost animal was found and discovered to be unfit before the owner achieved atonement for his sin with a different animal, it shall graze until it becomes blemished, and then it shall be sold. And he must bring another sin offering with the money received from the sale. And this animal renders a non-sacred animal exchanged for it a substitute, and one who derives benefit from this animal is liable for misusing it.
קלאוד על המשנה:
This mishna opens Chapter 4 by revisiting the “Five Sin Offerings That Die” — a foundational halacha lemoshe misinai first mentioned in 2:2. Here we get more detail about the TIMING factor that determines an animal’s fate.
The Three Clear Cases:
These ALWAYS die, no exceptions:
- Offspring of a sin offering (ולד חטאת)
- Substitute of a sin offering (תמורת חטאת)
- Sin offering whose owner died (חטאת שמתו בעליה)
The Timing-Dependent Cases:
Two additional categories depend on WHETHER the owner has already achieved atonement:
| Case | Before Atonement | After Atonement |
|---|---|---|
| Year passed (שעברה שנתה) | Graze → sell → buy new | Dies |
| Lost and found blemished | Graze → sell → buy new | Dies |
The Limbo Status:
Animals destined to die have a unique halachic status:
- No benefit allowed (לא נהנין) — can’t use them
- No misuse liability (לא מועלין) — if you do use them, no korban me’ilah required
This is because they’re in limbo — still technically holy (so no benefit), but heading for death rather than the altar (so no regular me’ilah).
Before Atonement — Full Status:
If the owner hasn’t yet atoned, the animal retains FULL sanctity:
- Can create a substitute
- Me’ilah applies
- Can be sold and replaced
Key Terms:
- חמש חטאות מתות (Chamesh Chata’ot Metot) = Five sin offerings that die
- כפרו הבעלים (Kipru HaBe’alim) = Owners achieved atonement
- מועלין (Mo’alin) = Liable for misuse; me’ilah applies
- תסתאב (Tista’ev) = Becomes blemished
Mishna 4:2
משנה ד:ב
Hebrew:
הַמַּפְרִישׁ חַטָּאתוֹ וְאָבְדָה, וְהִקְרִיב אַחֶרֶת תַּחְתֶּיהָ, וְאַחַר כָּךְ נִמְצֵאת הָרִאשׁוֹנָה, תָּמוּת. הַמַּפְרִישׁ מָעוֹת לְחַטָּאת וְאָבְדוּ, וְהִקְרִיב חַטָּאת תַּחְתֵּיהֶן, וְאַחַר כָּךְ נִמְצְאוּ הַמָּעוֹת, יֵלְכוּ לְיַם הַמֶּלַח:
English:
In the case of one who designates a sin offering, and the animal was lost, and he designated another in its stead and sacrificed it, and thereafter the first animal was found; that is a sin offering whose owner achieved atonement with another animal, and it shall be left to die. In the case of one who designates money for purchase of his sin offering, and the money was lost, and he designated an animal as a sin offering in its stead, and he sacrificed it, and thereafter, the money was found, it is prohibited to derive benefit from the money, as the money attains the halakhic status of the sin offering that was to be purchased with it, and that sin offering would be left to die because the owner achieved atonement with another animal. Therefore, he must take the money and cast it into the Dead Sea, from where it cannot be recovered.
קלאוד על המשנה:
This mishna presents concrete scenarios applying the principles from 4:1. The key factor: the owner has ALREADY ATONED with a replacement.
Scenario 1: Lost Animal Found
| Step | What Happens |
|---|---|
| 1 | Designate animal as sin offering |
| 2 | Animal gets lost |
| 3 | Designate and sacrifice a REPLACEMENT |
| 4 | Original animal is found |
| Result | Original animal dies |
The original animal is now in category #4 of the “five sin offerings that die” — its owner has already achieved atonement.
Scenario 2: Lost Money Found
| Step | What Happens |
|---|---|
| 1 | Set aside money for sin offering |
| 2 | Money gets lost |
| 3 | Designate and sacrifice an animal instead |
| 4 | Original money is found |
| Result | Money cast into the Dead Sea |
Why the Dead Sea?
The money has the same halachic status as the sin offering it would have purchased. Since that sin offering would die (owner already atoned), the money must be destroyed — but money can’t “die.” The solution: throw it into the Dead Sea, where it can never be recovered.
The Principle:
Whatever would happen to the SIN OFFERING happens to the MONEY designated for it:
- If the offering would be sacrificed → money buys an offering
- If the offering would die → money is destroyed
Key Terms:
- ים המלח (Yam HaMelach) = Dead Sea; Salt Sea
- מפריש (Mafrish) = Designates; sets aside
- תחתיה (Tachteha) = In its stead; as replacement