Temurah 7:4-5
משנה תמורה ז:ד-ה
Seder: Kodashim | Tractate: Temurah | Chapter: 7
📖 Mishna
Mishna 7:4
משנה ז:ד
Hebrew:
וְאֵלּוּ הֵן הַנִּקְבָּרִים. קָדָשִׁים שֶׁהִפִּילוּ, יִקָּבְרוּ. הִפִּילָה שִׁלְיָא, תִּקָּבֵר. שׁוֹר הַנִּסְקָל, וְעֶגְלָה עֲרוּפָה, וְצִפֳּרֵי מְצֹרָע, וּשְׂעַר נָזִיר, וּפֶטֶר חֲמוֹר, וּבָשָׂר בְּחָלָב, וְחֻלִּין שֶׁנִּשְׁחֲטוּ בָעֲזָרָה. רַבִּי שִׁמְעוֹן אוֹמֵר, חֻלִּין שֶׁנִּשְׁחֲטוּ בָעֲזָרָה, יִשָּׂרְפוּ, וְכֵן חַיָּה שֶׁנִּשְׁחֲטָה בָעֲזָרָה:
English:
And these are the items that are buried from which deriving benefit is forbidden: In the case of a sacrificial animal that miscarried, the fetus shall be buried. If the animal miscarried a placenta, the placenta shall be buried. And the same halacha applies to an ox that is stoned for killing a person; and a heifer whose neck is broken when a corpse is found between two cities and the killer is unknown; and the birds brought by a leper for purification; and the hair of a nazirite who became ritually impure, who shaves his head before beginning a new term of naziriteship. And the same halacha applies to the firstborn of a donkey that, if it is not redeemed with a sheep, has its neck broken; and a forbidden mixture of meat cooked in milk; and non-sacred animals that were slaughtered in the Temple courtyard. Rabbi Shimon says: Non-sacred animals that were slaughtered in the Temple courtyard shall be burned, like sacrificial animals that were disqualified in the courtyard. And likewise, an undomesticated animal that was slaughtered in the Temple courtyard, although it is not similar to the animals sacrificed in the Temple, shall be burned by rabbinic decree.
Claude on the Mishna:
This mishna catalogues items forbidden for benefit that must be disposed of through burial (as opposed to burning, which is covered in 7:5).
The list includes diverse categories:
From sacrificial contexts:
- Miscarried fetus of sacrificial animal
- Placenta from sacrificial animal
From legal/judicial contexts:
- Ox stoned for killing a person (shor haniskal)
- Heifer of unknown murder case (eglah arufah)
From purity rituals:
- Leper’s birds (used in purification ritual)
- Impure nazirite’s hair (shaved when contaminated)
From prohibited mixtures/situations:
- Unredeemed firstborn donkey (neck broken)
- Meat cooked in milk (basar bechalav)
- Non-sacred animals slaughtered in Temple courtyard
Rabbi Shimon’s opinion: Non-sacred animals slaughtered in the courtyard should be BURNED, not buried. His reasoning: they resemble disqualified offerings (which are burned), and burning is more thorough destruction. He extends this to wild animals (chaya) slaughtered there as well.
The distinction between burning and burial often relates to how “offering-like” the item is. Items connected to altar service tend toward burning; other prohibited items tend toward burial.
Key Terms:
- הַנִּקְבָּרִים (hanikbarim) = Items that are buried
- שִׁלְיָא (shilya) = Placenta/afterbirth
- שׁוֹר הַנִּסְקָל (shor haniskal) = Ox stoned for killing a person
- עֶגְלָה עֲרוּפָה (eglah arufah) = Heifer of broken neck (unknown murderer ritual)
- צִפֳּרֵי מְצֹרָע (tzipporei metzora) = Leper’s purification birds
- פֶטֶר חֲמוֹר (peter chamor) = Firstborn donkey (neck broken if unredeemed)
- בָּשָׂר בְּחָלָב (basar bechalav) = Meat cooked in milk
- חֻלִּין שֶׁנִּשְׁחֲטוּ בָעֲזָרָה (chullin shenishchatu ba’azarah) = Non-sacred animals slaughtered in Temple courtyard
Mishna 7:5
משנה ז:ה
Hebrew:
וְאֵלּוּ הֵן הַנִּשְׂרָפִים. חָמֵץ בְּפֶסַח, יִשָּׂרֵף. וּתְרוּמָה טְמֵאָה, וְהָעָרְלָה, וְכִלְאֵי הַכֶּרֶם, אֶת שֶׁדַּרְכּוֹ לִשָּׂרֵף, יִשָּׂרֵף. וְאֶת שֶׁדַּרְכּוֹ לִקָּבֵר, יִקָּבֵר. וּמַדְלִיקִין בְּפַת וּבְשֶׁמֶן שֶׁל תְּרוּמָה:
English:
And these are the items that are burned: Leavened bread on Passover shall be burned. And the same halacha applies to ritually impure teruma. And with regard to the fruit that grows on a tree during the three years after it was planted (orla), and diverse kinds of food crops sown in a vineyard, those items whose appropriate manner of destruction is to be burned, e.g., foods, shall be burned; and those items whose appropriate manner of destruction is to be buried, e.g., liquids, shall be buried. And one may ignite a fire with bread and with oil of impure teruma, even though the priest derives benefit from that fire.
Claude on the Mishna:
This mishna lists items destroyed by burning:
-
Chametz on Pesach - Leavened bread during Passover must be burned (the mitzvah of bi’ur chametz)
-
Impure terumah - Priestly portions that became ritually contaminated cannot be eaten; they must be burned
-
Orlah - Fruit from trees in their first three years
-
Kilei hakerem - Crops grown in a vineyard as forbidden mixtures
The mishna then introduces an important practical principle: the method of destruction depends on the item’s nature. Solid foods are burned; liquids are buried (poured out and covered). This applies to orlah and kilayim - wine from forbidden grapes would be buried, not burned.
Special leniency for impure terumah: Even though it’s forbidden to benefit from items being destroyed, one MAY use impure terumah bread or oil as FUEL for a fire. Why? The benefit comes from the fire’s heat and light, not from the terumah itself. The terumah is being destroyed (as required), and the incidental benefit from its burning is permitted.
This principle - that benefit from the destruction process (rather than from the item itself) is permitted - has applications throughout halacha.
Key Terms:
- הַנִּשְׂרָפִים (hanisrafim) = Items that are burned
- חָמֵץ בְּפֶסַח (chametz bePesach) = Leavened bread on Passover
- תְּרוּמָה טְמֵאָה (terumah teme’ah) = Ritually impure priestly portion
- עָרְלָה (orlah) = Fruit from first three years of tree’s growth
- כִּלְאֵי הַכֶּרֶם (kilei hakerem) = Forbidden mixtures grown in vineyard
- דַּרְכּוֹ לִשָּׂרֵף / לִקָּבֵר (darko lisaref/likaber) = “Its manner is to be burned/buried” - depends on item type
- מַדְלִיקִין (madlikin) = One may ignite/kindle - permitted to use as fuel