web analytics
July 30, 2014 / 3 Av, 5774
Israel at War: Operation Protective Edge
 
 
Judaism
Sponsored Post
IDC Advocacy Room IDC Fights War on Another Front

Student Union opens ‘hasbara’ room in effort to fill public diplomacy vacuum.



More On Temurah (Temurah 2,3 and 9)


Jews participating in the ceremony known as 'Redemption of the first born donkey' or 'Pidyon Peter Chamor'

Jews participating in the ceremony known as 'Redemption of the first born donkey' or 'Pidyon Peter Chamor'
Photo Credit: Abir Sultan/Flash90

The act of temurah, consecrating another animal in place of an already consecrated animal, incurs the punishment of malkot, lashes. This is somewhat surprising. There is a halachic rule that a prohibition that does not involve an overt act does not incur the punishment of malkot – “lav she’einbBo ma’aseh, ein lokin alav.”

Thus, even though the Torah prohibits one from hating another person in one’s heart, no malkot are administered for doing so because no act is involved. But neither does temurah involve an act. It merely involves the articulation of the words “zu temurat zu,” “this animal is a substitute for that hekdesh animal.” Why then does a person incur malkot?

The answer is that the rule lav she’ein bo ma’aseh, ein lokin ala does not apply to a situation in which the lo ta’aseh, the prohibited act, violates not just one injunction of the Torah but two. In the case of temurah, there are two injunctions involved. The first is expressed by the words of the Torah “lo yachlifenu” – “he should not exchange it,” and the second is expressed by the words “lo yamir” – “he shall not substitute it.”

This also explains why another exculpatory rule that would ordinarily absolve a violator from the punishment of malkot does not apply in the case of temurah. This exculpatory rule is known as “lav hanitak le’aseh.” It provides that a person does not incur lashes for violating a commandment if the Torah prescribes a cure for such violation.

For example, the Torah commands us not to steal. But the Torah also provides a cure for theft. It requires the thief to return the stolen article. Similarly, the Torah commands us not to take the eggs from under the nesting mother. But the Torah also provides a cure by instructing one to send the bird away if one does so. Accordingly, neither the act of theft nor the act of taking the eggs from under the nesting bird incurs the punishment of malkot.

Temurah, it would seem, should be no different. True, the Torah proscribes the violation of temurah. But it also gives the cure, namely that both the substituted animal and the original hekdesh animal remain hekdesh. Why then does the rule of lav hanitak le’aseh not absolve the person who violated the laws of temurah from receiving the punishment of lashes?

The answer is as before – that this exculpatory rule does not apply in a situation in which one prohibited act violates two negative commandments.

Since temurah is a way – albeit a prohibited way – of making an animal hekdesh, it follows that, as is the case with hekdesh, a person can only effect temurah with an animal that belongs to him but not with an animal that belongs to someone else. Accordingly, a kohen cannot effect temurah with an animal of a non-kohen that is offered up on the altar as a chattat, a sin offering, or an asham, a guilt offering.

Even though the kohen has ownership rights in certain parts of the chattat and asham animal that are not burned on the altar, these rights are only triggered once the animal is slaughtered and its blood is sprinkled on the altar. Before that occurs, no part of the chattat and asham offering belong to the kohen and he therefore has no power to effect temurah with respect to them.

Similarly, a kohen cannot effect temurah with a firstborn – bechor – animal that an Israelite dedicates to the him because at the time of dedication, the bechor animal still belongs to the Israelite. A kohen could, of course, effect temurah in a bechor that was born to his own flock.

It is only the person who receives atonement from the sacrifice of the animal that has the power to effect temurah but not someone who donates the animal for the atonement of someone else.

An animal owned by more than one person cannot be rendered hekdesh through temurah because, in describing temurah, the Torah uses the singular form, thereby excluding a jointly owned animal. Similarly, an animal brought for communal atonement rather than individual atonement is not subject to the laws of temurah.

Temurah can only be effected with respect to animals that are intended for the altar but not with respect to animals that are given to the Temple for sale for their proceeds to be used for bedek habayit, the upkeep of the Temple. Neither can temurah be effected with bird offerings or with menachot, meal offerings.

In the absence of the Temple, the laws of temurah might seem a little detached from our lives. But they send an important message. Just as we cannot take our property with us after our lifetime, we cannot claw back property that we have given during our lifetime.

Raphael Grunfeld’s book, “Ner Eyal on Seder Moed” (distributed by Mesorah) is available at OU.org and your local Jewish bookstore. His new book, “Ner Eyal on Seder Nashim & Nezikin,” will be available shortly.

Comments to the writer are welcome at Rafegrun@aol.com.

About the Author: Raphael Grunfeld’s book, “Ner Eyal on Seder Moed” (distributed by Mesorah) is available at OU.org and your local Jewish bookstore. His new book, “Ner Eyal on Seder Nashim & Nezikin,” will be available shortly.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “More On Temurah (Temurah 2,3 and 9)”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
U.S. President Barack Obama escorts Israeli Prime Minister Benjamin Netanyahu out of the Oval Office
Pirated Phone Conversation of Obama Slamming Bibi from Unverified Source
Latest Judaism Stories
Weiss-072514

Just as the moon waxes, wanes and renews itself, so has the nation of Israel renewed itself through the millennia.

126_masei_web

Parshat Masei: Rabbi Fohrman addresses the age-old question, are we our brother’s keeper?

Hertzberg-072514

When Germany invaded neutral Belgium on August 4, England declared war on Germany. Thus, by the end of the first week of August all the major powers of Europe were at war.

Winiarz-072514

The Talmud teaches that the Beis HaMikdash was destroyed because of baseless hatred.

When taking any major step in life it is a good idea to carefully re-evaluate one’s past.

Ours is a small and intensely vulnerable people. Inspired, we rise to greatness. Uninspired, we fall

The enormity of Hiram’s accomplishments crazed him and deluded him into self-deification.

When Hashem first thought (if it could be) about creating the world, the middah of din was in operation.

Hallel On Purim?
“Its Reading Is Its Praise”
(Megillah 14a)

If the only person available to perform the milah on the eighth day is a person who is not an observant Jew, the milah should be postponed until a devout mohel is available.

It is apparent from the Maharsha that he does not see galus as atoning for killing accidentally; otherwise, this Gemara would not bother him.

It was found to be a giant deer tick living in her head – with its claws in her scalp.

While daydreaming about finding the perfect job, I never expected to be rewarded in spades for my aforementioned experience.

We are all entrusted with the mission of protecting our fellow Jews

Today, we remain Hashem’s nachal.

More Articles from Raphael Grunfeld
Grunfeld-Raphael-NEW

If the only person available to perform the milah on the eighth day is a person who is not an observant Jew, the milah should be postponed until a devout mohel is available.

Grunfeld-Raphael-NEW

The kohen gadol may not enter the Temple unless his hair is cut every seven days.

A commonly employed and permissible device regarding the prohibition of wearing fresh clothes during the Nine Days is to don them for a moment or two before the Nine Days.

The prayer of Mashiv haruach u’morid hageshem mentions God’s rainmaking powers but it is not an immediate request for rain.

According to the Bach, Rosh Hashanah is referred to as moed, festival, the same term the Torah uses to describe Pesach, Shavuot and Sukkot.

If the survival of Judaism is dependent on the next generation, there is no doubt that the most important person in the synagogue is the Candy Man.

From this decree on, the two days of Rosh Hashanah, unlike the two days of Pesach, Shavuot and Sukkot, were no longer celebrated out of doubt but out of certainty.

Because the Torah requires one to count “seven complete weeks” one should count at the beginning of the day, which in Jewish law begins on the preceding night.

    Latest Poll

    Do you think the FAA ban on US flights to Israel is political?






    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/halacha-hashkafa/more-on-temurah-temurah-23-and-9/2012/03/14/

Scan this QR code to visit this page online: