Temurah 6:1-2
משנה תמורה ו:א-ב
Seder: Kodashim | Tractate: Temurah | Chapter: 6
📖 Mishna
Mishna 6:1
משנה ו:א
Hebrew:
כָּל הָאֲסוּרִין עַל גַּבֵּי הַמִּזְבֵּחַ, אוֹסְרִים כָּל שֶׁהֵן. הָרוֹבֵעַ, וְהַנִּרְבָּע, וְהַמֻּקְצֶה, וְהַנֶּעֱבָד, וְאֶתְנָן, וּמְחִיר, וְהַכִּלְאַיִם, וְהַטְּרֵפָה, וְיוֹצֵא דֹפֶן. אֵיזֶה הוּא מֻקְצֶה. הַמֻּקְצֶה לַעֲבוֹדָה זָרָה. הוּא אָסוּר, וּמַה שֶּׁעָלָיו מֻתָּר. אֵיזֶהוּ נֶעֱבָד. כֹּל שֶׁעוֹבְדִין אוֹתוֹ. הוּא וּמַה שֶּׁעָלָיו אָסוּר. זֶה וָזֶה מֻתָּרִין בַּאֲכִילָה:
English:
With regard to all animals whose sacrifice on the altar is prohibited, if they are intermingled with animals whose sacrifice is permitted, they prohibit the entire mixture of animals in any amount, regardless of the ratio of permitted to prohibited animals. These are the animals whose sacrifice is prohibited: An animal that copulated with a person, and an animal that was the object of bestiality, and the set-aside, and one that was worshipped, and an animal that was given as payment to a prostitute or as the price of a dog, or an animal crossbred from a mixture of diverse kinds, or an animal with a wound that will cause it to perish within twelve months (tereifa), or an animal born by caesarean section. Which is the animal that is set-aside? It is an animal that is set aside for idol worship. The animal itself is prohibited, but that which is upon it, e.g., its jewelry and garments, is permitted to be sold in order to purchase an animal to be sacrificed. And which is the animal that was worshipped? It is any animal that a person worships as an object of idol worship. In this case, the sacrifice of both the animal itself and an animal purchased using the money from the sale of that which is upon it is prohibited. And the consumption of both this, the animal designated for idol worship, and that, the animal worshipped, is permitted.
Claude on the Mishna:
This mishna begins a new section dealing with animals disqualified from the altar. It introduces a stringent rule: these disqualified animals cannot be nullified in a mixture. Even one prohibited animal among thousands renders the entire group unfit for sacrifice.
The mishna then catalogues nine categories of disqualified animals:
- Rove’a/Nirba - Animals involved in human-animal relations
- Muktzeh - Set aside (designated) for idol worship
- Ne’evad - Actually worshipped as an idol
- Etnan - Payment to a prostitute
- Mechir - Price paid for a dog
- Kilayim - Crossbred animals (forbidden mixtures)
- Tereifa - Mortally wounded animal
- Yotzei dofen - Born by caesarean section
The mishna then distinguishes between muktzeh and ne’evad. For muktzeh (merely designated for idolatry but not yet worshipped), only the animal is prohibited; its ornaments can be sold and the money used for offerings. For ne’evad (actually worshipped), both the animal AND its ornaments are prohibited for the altar.
Importantly, both categories are permitted for ordinary consumption - they may not be sacrificed, but they are not forbidden to eat.
Key Terms:
- אוֹסְרִים כָּל שֶׁהֵן (osrim kol shehen) = “Prohibit in any amount” - no nullification in mixture
- רוֹבֵעַ/נִרְבָּע (rove’a/nirba) = Animal involved in forbidden relations with humans
- מֻקְצֶה (muktzeh) = Set aside/designated for idolatry
- נֶעֱבָד (ne’evad) = Actually worshipped as idol
- אֶתְנָן (etnan) = Payment to a prostitute
- מְחִיר (mechir) = Price (specifically, price paid for a dog)
- כִּלְאַיִם (kilayim) = Forbidden mixtures/crossbreeds
- טְרֵפָה (tereifa) = Mortally wounded animal
- יוֹצֵא דֹפֶן (yotzei dofen) = Born by caesarean section (lit. “emerged through the wall”)
Mishna 6:2
משנה ו:ב
Hebrew:
אֵיזֶהוּ אֶתְנָן. הָאוֹמֵר לְזוֹנָה, הֵא לִיךְ טָלֶה זֶה בִשְׂכָרֵךְ, אֲפִלּוּ מֵאָה, כֻּלָּן אֲסוּרִין. וְכֵן הָאוֹמֵר לַחֲבֵרוֹ, הֵא לְךָ טָלֶה זֶה וְתָלִין שִׁפְחָתְךָ אֵצֶל עַבְדִּי, רַבִּי אוֹמֵר, אֵינוֹ אֶתְנָן. וַחֲכָמִים אוֹמְרִים, אֶתְנָן:
English:
And which is the case of an animal used as payment to a prostitute, which is prohibited as a sacrifice? It is the case of one who says to a prostitute: Here is this lamb as your fee. Even if they were one hundred lambs that he gave her, all of them are considered as payment to a prostitute and are prohibited. And likewise, in the case of one who says to another: Here is this lamb and in return your maidservant will lie with my slave and engage in relations with him, Rabbi Meir says: Its halakhic status is not that of payment to a prostitute, and the Rabbis say: Its halakhic status is that of payment to a prostitute.
Claude on the Mishna:
This mishna defines “etnan” - payment to a prostitute, which the Torah explicitly prohibits from being offered on the altar (Deut. 23:19). The prohibition applies regardless of quantity: whether one lamb or one hundred are given as payment, all are disqualified.
The more interesting case involves a triangular transaction: A gives B a lamb in exchange for B’s maidservant spending the night with A’s slave. Is this etnan?
Rabbi Meir rules it is NOT etnan because:
- The payment goes to a third party (the master), not the woman herself
- A maidservant has no ownership rights - she cannot legally receive payment
- The transaction is between two masters, not between a client and prostitute
The Sages disagree, ruling it IS etnan because:
- The substance of the transaction is payment for intimate relations
- The form (who technically receives the animal) should not override the reality
- If we followed Rabbi Meir’s logic, the prohibition could easily be circumvented
This debate reflects a broader halachic question: do we follow technical legal form or economic substance?
Key Terms:
- אֶתְנָן (etnan) = Payment to a prostitute - from the root meaning “gift” or “hire”
- זוֹנָה (zonah) = Prostitute; here, any woman engaging in forbidden relations for payment
- בִשְׂכָרֵךְ (bischarech) = “As your fee/wages”
- שִׁפְחָה (shifcha) = Maidservant - a female Canaanite slave
- רַבִּי = Rabbi Yehuda HaNasi (here the text says “Rabbi” but the anonymous attribution suggests Rabbi Meir based on parallel texts)