Tractate Tmura Highlights

Daf 2: A person is prohibited from “exchanging” a consecrated animal (for the Temple) for a non-consecrated one. However, if he does, the second animal also becomes consecrated and the sinner is lashed.

Daf 3: R’ Yehuda in the name of Rav: One is liable for any prohibition of the Torah where one committed an act. If he did not commit an act (speaking is not generally considered an act), he is exempt. R’ Yosi the Gallilean: except for oaths, “exchanging” and cursing.

Daf 4: If one transgressed a prohibition that is connected to a commandment that one performs, he does not receive lashes for it.

Daf 5: One does not tithe from one type of produce on account of another, and if he did so, it does not count. One must tithe from each type of produce individually.

Daf 6: If someone stole wood and made utensils out of it, wool and made clothing out of it, he pays the value of the material at the time of theft.

Daf 7: In one sense “exchanges” are stricter than normal sacrifices, for if one consecrates a blemished animal as a sacrifice, the consecration doesn’t work, while if one “exchanges” to a blemished animal, the “exchanged” animal does achieve consecration.

Daf 8: Case: If a (priest) Cohen’s wife gave birth to a boy and her slave gave birth as well and the boys were mixed (so we don’t know who is a Cohen and who is a slave), when they grow up they each release the other from slavery, and both eat from the priestly tithe.

Daf 9: A person can only consecrate items that he himself owns. He cannot consecrate the property of anyone else.

Daf 10: Debate: Bar-Pada: An animal embryo can be sanctified to be offered as a sacrifice. R’ Yochanan: Not.

Daf 11: R’ Eliezer: A hybrid, a critically ill animal, a caesarian birth, a ‘tumtum’ and an androgynous animal are not sanctified and cannot be sanctified.

Daf 12: Drawn water (as opposed to natural water) disqualifies a ritual bath only when a known amount of drawn water is added.

Daf 13: If a new law is presented in the Torah for a particular case that is part of a general rule, the general rule no longer applies to that particular case.

1st Perek Summary: “Hakol Memirin”: Any adult can perform an “exchange.” However, just the owner, one individual, with an animal sacrifice (not birds or grains), even if it’s blemished, upon any other animal, male or female, of different valid species. “Exchange” doesn’t work with limbs or fetuses. An “exchange” cannot make another “exchange,” however; there is no limit to the quantity of “exchanges” that can be made to or from.

Daf 14: Original Law: The Oral Torah cannot be written down. However, when it was becoming forgotten, they abolished this law so that the Torah should not be forgotten by Israel.

Daf 15: If an individual consecrated an animal as an atonement sacrifice, lost it, brought another in its place and then found it again, the original animal is killed. If this happened for a communal sacrifice, the animal is not killed, for the “community” never “dies.”

Daf 16: During the mourning for Moses, 3000 laws were forgotten. They told Joshua: “Ask God!” Joshua answered: “The laws are no longer in Heaven (for them to dictate).” They told Samuel: “Ask God!” Samuel answered: “These are the laws (what we have in our hands – a prophet cannot innovate new laws).”

Daf 17: Discussion on consecration: a fatally-ill animal is similar to a non-kosher animal (that neither of them can be eaten), but a blemished animal can (therefore a blemished animal can be “exchanged”).

2nd Perek Summary: “Yesh Bekorbanot”: Differences between individual and communal sacrifices: Communal ones cannot be “exchanged”, there is no “responsibility” for them (i.e. to replace it, if the designated one was lost or stolen), they override the Sabbath and Festivals. However, the opinion of R’ Meir was accepted that the real differentiation for these differences is if the sacrifice has a fixed time or not.

The Law of the Sin-sacrifice that is killed, applies to specific blemishes of an individual’s sacrifice.

Consecration does not apply to a blemished animal, nor on a hybrid, a fatally-ill animal, “tumtum,” androgynous and caesarian.

Daf 18: Debate: R’ Eliezer: The embryo of an animal that is consecrated as a Shelamim-offering can’t be brought as a Shelamim (rather, it’s left to die). The Sages: It should be brought as a Shelamim.

Daf 19: If one designated a female animal as his Passover-sacrifice (only male animals are permitted), one lets the animal graze until it receives a blemish and then you can sell the blemished female animal and with the proceeds buy a male Passover-sacrifice.

Daf 20: One does not get atonement through a sin (i.e. one cannot bring an atonement-sacrifice that was “exchanged” – an “exchange” is prohibited to do).

Daf 21: The only difference between Shiloh (site of the Tabernacle) and Jerusalem (site of the Temple) regarding “light” consecrations (kodshim kalim) and the secondary tithe (maser sheni) is that during the time of Shiloh a person can eat it within sight of the Tabernacle, but during the time of the Temple it can only be eaten within the walls of Jerusalem.

3rd Perek Summary: “Elu Kedoshim”: The laws of “exchange” of a sacrifice and of the embryo of a sacrifice are similar, except that an “exchange” does not make a further “exchange,” while an embryo can make another embryo (assuming it’s female).

The “exchanges” (and embryos) of voluntary sacrifices take on the identity of the original sacrifice: shelamim, olah, as well as firstborn and tithe.

The “exchange” of a todah is brought as a todah, but without the attendant breads.

Obligatory sacrifices that are “exchanged” (and the embryos) have a different law. An asham “exchange” is considered as if it had been invalidated is allowed to graze until it receives a blemish and then it is sold and with the proceeds a communal olah is sacrificed. The same procedure is done if someone mistakenly consecrated a female animal for an olah or asham (which only come from males). One brings an olah in place of the olah and a communal olah in place of the asham.

Daf 22: If one separated a Chatat and it was lost, separated and sacrificed another one and found the first one, the first one is allowed to die (caged and not fed).

Daf 23: A good meal: if the amount of the sacrifice to be eaten is small, one can add to it non-consecrated food in order to have a filling meal. If there is a lot, one cannot add non-consecrated food so that it does not become a gluttonous meal (and thereby leaving over some of the consecrated food – which is prohibited).

Daf 24: In slaughtering, there is a trade-off between maximizing the value of the skin versus getting as much of the meat as possible (you can’t have it both ways).

4th Perek Summary: “Vlad Chatat”: There are 5 Chataot that are killed and one cannot derive any benefit from them:

  1. an embryo of a chatat
  2. an “exchange of a chatat
  3. a chatat whose owner died before it was sacrificed
  4. a chatat whose owner was atoned with a different chatat
  5. a chatat whose year has passed (needs to be a year old)

Similarly, money that was consecrated for a Chatat that had similar situations is destroyed by throwing it into the Salt Sea (Dead Sea).

In cases where the Chatat has some consecration (not fully), it grazes until it receives a blemish, sold and the money is used for a new sacrifice.

Daf 25: “Between words of the Master and words of the student, who do we listen to?” The Master. Consecration that is ‘placed’ by Heaven (like the Firstborn) is not set aside by consecration by man (like the Olah sacrifice).

Daf 26: 3 laws: a. monetary consecration (as opposed to the consecration of an animal, can be “pushed aside”, b. blemished animals are “pushed aside”, c. anything that is “pushed aside” from the onset (i.e. was never qualified to be sacrificed) can be “pushed aside”.

Daf 27: Whenever a person can do something without sinning, we do not presume that he chose the alternative that involves sin.

5th Perek Summary: “Keitzad Maarimin”: An embryo of an animal can be consecrated. A mother and embryo can be consecrated for two different sacrifices. A single “exchanged” animal can receive consecration for two different sacrifices, and when it receives a blemish, it is sold and the proceeds are split for the two sacrifices. What one utters has legal standing, especially in consecration where ones utterance is the only form of acquisition.

Daf 28: Any consecrated animal that was mixed up with a Chatat that must be killed or an ox that must be stoned, it too must be killed. Even if the animal that is supposed to die is mixed with 10,000 other animals – all must die.

Daf 29: An unmarried man that has relations with an unmarried woman, not for the purpose of marriage conveys the designation of “harlot” to the woman.

Daf 30: A male Hebrew slave that is unmarried and doesn’t have children cannot be given a female Canaanite slave in order to produce children for the master. However, if the male Hebrew slave is married and has children, then the master can give him a female Canaanite slave in order to produce children.

6th Perek Summary: “Kol Haasurin”: If a blemished animal that is prohibited on the altar is mixed with permitted animals, the entire mixture is prohibited. Animals that are sentenced to death are also prohibited on the altar: if it was designated or worshipped idolatrously, if it was used sexually or if it gored someone.

“Etnan”: payment to a harlot, “Price of a dog”: anything that was used to purchase a dog – neither can be consecrated for the temple.

The “exchange” of all of the above is permitted on the altar.

Daf 31: Animals consecrated for the altar can be “exchanged”, but animals consecrated for the Temple upkeep (bedek habayit) cannot be “exchanged”.

Daf 32: Both animals consecrated for the altar, as well as those for the Temple upkeep cannot be designated thereafter for any other designation.

Daf 33: The following, one cannot receive any benefit from and they are buried: the miscarried fetus of a consecrated animal, the placenta, an ox that is stoned, a beheaded calf, the fingernails of a metzorah, the hair of a nazarite, the firstborn of a donkey, a combination of meat and milk, and unconsecrated animals that were slaughtered in the Temple.

Daf 34: Any prohibited item that needs to be buried cannot be burned instead and likewise, any item that needs to be burned cannot be buried instead.

7th Perek Summary: “Yesh Bekodshei Mizbeach”: Differences between consecration for the altar versus consecration for Temple upkeep. Consecrations for the altar are subject to disqualifications for blemishes, restrictions on use and retain holiness, even if they die, and only applies to animals and items (grains, oil, wine) that can be brought to the altar. Consecrations for Temple upkeep applies to anything with monetary value. Consecrations for the altar that are disqualified need to be destroyed completely (buried, burned or thrown into the Sea of Salt (the Dead Sea) so that none may benefit from them.

End Tractate Temurah

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