משנה: אָמַר רִבִּי יְהוֹשֻׁעַ שָׁמַעְתִּי שֶׁתְּמוּרַת הַפֶּסַח קְרֵיבָה וּתְמוּרַת הַפֶּסַח אֵינָהּ קְרֵיבָה וְאֵין לִי לְפָרֵשׁ. אָמַר רִבִּי עֲקִיבָה אֲנִי אֲפָרֵשׁ. הַפֶּסַח שֶׁנִּמְצָא קוֹדֶם שְׁחִיטַת הַפֶּסַח יִרְעֶה עַד שֶׁיִּסְתָּאֵב. וְיִמָּכֵר וְיָבִיא בְּדָמָיו שְׁלָמִים וְכֵן תְּמוּרָתוֹ. לְאַחַר שְׁחִיטַת הַפֶּסַח. קָרֵב שְׁלָמִים. וְכֵן תְּמוּרָתוֹ: MISHNAH: Rebbi Joshua said, I have heard that the substitute of a Pesaḥ is sacrificed and that the substitute of a Pesaḥ is not sacrificed, and I cannot explain it. Rebbi Aqiba said, I shall explain it. The Pesaḥ which is found79An animal had been designated as Pesaḥ when it was lost and another animal was designated in its stead. If then it is found before the afternoon of the 14th of Nisan, it remains dedicated but cannot be sacrificed since only one Pesaḥ is possible for one group. A sacrifice which could not be used for the intended purpose cannot be used anymore. before the time of slaughtering the Pesaḥ shall graze until it becomes unusable80Either is develops a defect which disqualifies it for the altar or it becomes too old. Then it may be sold and the dedication is removed from the animal and transferred to the money, which only may be used to buy sacrificial animals., then be sold, and for the money one shall bring well-being offerings; the same holds for its substitute81This refers to unauthorized substitutes, where the act of substitution is sinful but the substituted animal nevertheless acquires the status of the animal for which it is substituted (Lev. 27:10).. After the time of slaughtering the Pesaḥ, it shall be brought as well-being offering82Since the dedication as Pesaḥ after the 14th of Nisan automatically becomes dedication as well-being offering.; the same holds for its substitute.
הלכה: רִבִּי יוּדָן בָּעֵי. אָף בִּתְמוּרַת אָשָׁם כֵּן. תְּמוּרַת אָשָׁם קְרֵיבָה וּתְמוּרַת אָשָׁם אֵינָהּ קְרֵיבָה. אָמַר רִבִּי יּוֹסֵה. פֶּסַח שֶׁהִקְרִיבָהּ [בְּשַׁחֲרִית] אֵינָהּ פֶּסַח. עוֹלָה שֶׁהִקְרִיבָהּ בְּשַׁחֲרִית עוֹלָה הִיא. HALAKHAH: Rebbi Yudan asked, is it the same for the substitute of a reparation offering, that the substitute of a reparation offering is sacrificed and the substitute of a reparation offering is not sacrificed83Lev. 27:10 prescribes that the status of an (illegal) substitute of a sacrifice is that of the sacrifice for which it is substituted. But this condition cannot be fulfilled for a reparation sacrifice since for one obligation only one sacrifice is possible. Therefore it is decreed (Mishnsh Temurah 3:3) that in all cases the substitute of a reparation sacrifice (in contrast to substitutes of purification sacrifices) should be sent to graze until it becomes unusable, then be sold, and for the money one shall buy elevation sacrifices. The question is why, if the animal was lost and only found after the original had been sacrificed, it cannot be used directly as elevation sacrifice. No answer is given. As S. Liebermann points out, in the opinion of Tosaphot (73a, s.v.אשם), by biblical standards any substitute of a reparation sacrifice could be brought as elevation offering and the circuitous route via grazing is purely rabbinic; since the original rule does not mention exceptions, the question should not have been asked.? 84This sentence is copied from Chapter 4:1, Note 27. However, only the first part is relevant here. It defines “the time of slaughtering the Pesaḥ” mentioned in the Mishnah: this is the afternoon of the Fourteenth of Nisan. Therefore, in the following, “Thirteenth” really means “Thirteenth and morning of Fourteenth”, and “Fourteenth” means “Afternoon of the Fourteenth”. Rebbi Yose said, a Pesaḥ which one sacrificed [in the morning] is no Pesaḥ; an elevation offering which one sacrificed in the morning is an elevation offering.
הֵמִיר בּוֹ בִּשְׁלֹשָׁה עָשָׂר. רִבִּי זְעוּרָה אָמַר. תְּמוּרָתוֹ קְרֵיבָה שְׁלָמִים. רִבִּי שְׁמוּאֵל בַּר רַב יִצחָק אָמַר. אֵין תְּמוּרָתוֹ קְרֵיבָה שְׁלָמִים. חֵיילֵיהּ דְּרַב שְׁמוּאֵל בַּר רַב יִצחָק מִן הָדָא. לְאַחַר הַפֶּסַח יָבִיא שְׁלָמִים. וְכֵן תְּמוּרָתוֹ. אִין תֵּימַר. הֵמִיר בּוֹ בִּשְׁלֹשָׁה עָשָׂר וּתְמוּרָתוֹ קְרֵיבָה שְׁלָמִים. וִיתִיבִינֵיהּ. לֹא מוטָּב לְלַמֵּד תְּמוּרַת פֶּסַח מִפֶּסַח וְלֹא לְלַמֵּד תְּמוּרַת שְׁלָמִים מִפֶּסַח. If he substituted for it on the Thirteenth, Rebbi Zeˋira said, the substitute is brought as a well-being offering85Since the dedication of a Pesaḥ animal which is not used automatically is that of well-being sacrifice.; Rebbi Samuel ben Rav Isaac said, the substitute is not brought as a well-being offering86But it must be sent to graze, as spelled out in the Mishnah.. The strength of Rebbi Samuel ben Rav Isaac is from the following: “after the time of slaughtering the Pesaḥ, it shall be brought as well-being offering.” If you are saying, if he substituted for it on the Thirteenth and the substitute is brought as a well-being offering, is it not better to infer the {rules of the} substitute of a Pesaḥ from the {rules of the} Pesaḥ than to infer the [rules of the] substitute of a well-being sacrifice from the {rules of the} Pesaḥ87The Mishnah, which treats the substitute together with the lost and found animal is more logically consistent than R. Zeˋira’s correction; the Mishnah should be followed to the letter.?
רִבִּי הִילָא בְשֵׁם שְׁמוּאֵל. מֵתוּ בְעָלִים בִּשְׁלֹשָׁה עָשָׂר. גּוּפוֹ קָרֵב שְׁלָמִים. וְלָמָּה לֹא אָמַר. בְּאַרְבָּעָה עָשָׂר. כָּל שֶׁנִּרְאֶה לִיקָּרֵב בְּפֶסַח אֵין גּוּפוֹ קָרֵב שְׁלָמִים. Rebbi Hila in the name of Samuel: If the owner died88And no family member is subscribing. Babli 98a, Tosephta 9:16. on the Thirteenth, its body is offered as a well-being sacrifice. Why did he not say, on the Fourteenth? Any {animal} which is due to be sacrificed as Pesaḥ, its body is not offered as a well-being sacrifice89The rule that an animal which had been designated for a certain sacrifice, but at the moment of actual sacrifice was not used, never could be used for another sacrifice, has precedence over the rule which states that a designation of Pesaḥ automatically reverts to that of well-being sacrifice after the 14th of Nisan..
תַּמָּן תַּנִּינָן. וְולַד חַטָּאת וּתְמוּרַת חַטָּאת וְחַטָּאת שֶׁמֵּתוּ בְעָלֶיהָ וְשֶׁעִיבְּרָה שְׁנָתָהּ וְשֶׁאָבְדָה וְנִמְצֵאת בַּעֲלַת מוּם. There90Mishnah Temurah4:1., we have stated: “The offspring of a purification offering91The purification offering from a private person is a female sheep or goat. If it produces a lamb, the lamb is a sanctum but since only its mother can be sacrificed, it may neither be redeemed nor used for any other sacrifice., and the substitute of a purification offering, and a purification offering whose owner died92Since it is dedicated, it may not be redeemed. As a purification offering, the dedication may not be transferred to the benefit of any other person (Mishna Zevaḥim 1:1)., …93The portion missing here states that all the previously enumerated animals must be allowed to die since they cannot be used; even if they develop a defect they cannot be sold., and whose year has passed94Sheep are acceptable as sacrifice only if one year old., and which was lost and found, defective95The question whether one has to read “which was lost and found defective” or “which was lost and found, and the defective” is resolved in the discussion in favor of the first alternative. For this second group the Mishnah prescribes that they have to die if found after the owners had offered a substitute but if found before that time they are to be put out to graze, to be sold once no longer qualified as sacrifices..”
וְולַד חַטָּאת דְּאִתְפַּלְּגוֹן. צִיבּוּר שֶׁהִפְרִישׁ נְקֵבָה. וְכֵן נָשִׂיא שֶׁהִפְרִישׂ שְׂעִירָה. רִבִּי יִרְמְיָה אָמַר. לֹא קָדְשָׁה וּוְלָדָהּ קָרֵב. רִבִּי יוֹסֵה אוֹמֵר. קָדְשָׁה וּוְלָדָהּ מֵת. חֵיילֵיהּ דְּרִבִּי יוֹסֵי מִן הָדָא. אֵין אַתְּ יָכוֹל לוֹמַר. וְולַד חַטָּאת בְּצִיבּוּר. שֶׁאֵין הַצִּיבּוּר מֵבִיאִין נְקֵבָה. לֹא אָמַר אֶלָּא. אֵין אַתְּ יָכוֹל. הָא אִם הִקְדִּישָׁהּ קָדְשָׁה. אָמַר רִבִּי יוֹסֵי בֵּירִבִּי בּוּן. יְאוּת אָמַר רִבִּי יִרְמְיָה. וְלֹא רִבִּי שִׁמְעוֹן הִיא. דְּרִבִּי שִׁמְעוֹן אָמַר. נְקֵיבָה לְעוֹלָה לֹא קָדְשָׁה אֶלָּא הֶקְדֵּשׁ דָּמִים. 96The Mishnah is discussed item by item, the hypothesis being that any animal which if dedicated as purification offering is left to die, as Pesaḥ is brought as well-being offering, but those put out to graze follow the same rules in both cases.“The offspring of a purification offering,” as they disagreed: If the community dedicated a female, and so the prince who dedicated a she-goat, Rebbi Jeremiah said, it is not dedicated97Since the purification offering of the community has to be a bull (Lev. 4:14) and that of a prince (Lev. 4:23) a ram. He holds that a dedication against the rules is void. and its offspring may be offered; Rebbi Yose said, it is dedicated and its offspring must die98The dedication is valid but obviously the animal cannot be used. Not only the calf but also its mother must die.. The strength of Rebbi Yose is from the following99A baraita also quoted in the Babli, Temurah 16a.: “You cannot speak about the offspring of a purification offering of the community, since the community does not bring a female.” He only said, “you cannot speak about”; therefore if he dedicated it100The baraita does not state that there is no dedication. it is dedicated. Rebbi Yose ben Rebbi Abun said, Rebbi Jeremiah said it correctly. Is it not Rebbi Simeon’s? As Rebbi Simeon said, a female as elevation offering is dedicated only for its money’s worth101An elevation offering has to be male (Lev. 1:3,10). The dedication of a female is valid as gift to the Temple but invalid as sacrifice; therefore the animal has to be given to the Temple to be sold for its benefit. (A matter of dispute in the Babli, Temurah 20a/b.) R. Jeremiah may also hold that the value of the animals is dedicated to the Temple, but this does not imply any sacrificial status..
וּתְמוּרַת חַטָּאת דְּאִיתְפַּלְּגוֹן. הֵמִיר בּוֹ בִּשְׁלֹשָׁה עָשָׂר. רִבִּי זְעוּרָה אָמַר. תְּמוּרָתוֹ קְרֵיבָה שְׁלָמִים. רִבִּי שְׁמוּאֵל בַּר רַב יִצחָק אָמַר. אֵין תְּמוּרָתוֹ קְרֵיבָה שְׁלָמִים. “And the substitute of a purification offering,” as they disagreed: if he substituted for it on the Thirteenth, Rebbi Zeˋira said, the substitute is brought as a well-being offering85Since the dedication of a Pesaḥ animal which is not used automatically is that of well-being sacrifice.; Rebbi Samuel ben Rav Isaac said, the substitute is not brought as a well-being offering86But it must be sent to graze, as spelled out in the Mishnah..
וְחַטָּאת שֶׁמֵּתוּ בְעָלֶיהָ [יָמוּתוּ. כַּיי דָמַר] (אָמַר) רִבִּי הִילָא בְשֵׁם שְׁמוּאֵל. מֵתוּ בְעָלָיו בִּשְׁלֹשָׁה עָשָׂר. גּוּפוֹ קָרֵב שְׁלָמִים. וְלָמָּה { } אָמַר בְּאַרְבָּעָה עָשָׂר. כָּל עַמָּא מוֹדֵיי. כָּל שֶׁנִּרְאֶה לִקָּרֵב בְּפֶסַח אֵין גּוּפוֹ קָרֵב שְׁלָמִים. “And a purification offering whose owner died,” [has to die. Parallel to what] Rebbi Hila said in the name of Samuel, If the owner died88And no family member is subscribing. Babli 98a, Tosephta 9:16. on the Thirteenth, its body is offered as a well-being sacrifice. Why did he {not} say, on the Fourteenth? Everybody agrees that the body of any {animal} due to be sacrificed as Pesaḥ, is not offered as a well-being sacrifice89The rule that an animal which had been designated for a certain sacrifice, but at the moment of actual sacrifice was not used, never could be used for another sacrifice, has precedence over the rule which states that a designation of Pesaḥ automatically reverts to that of well-being sacrifice after the 14th of Nisan..
וְשֶׁעִיבְּרָה שְׁנָתָהּ. כַּיי דְּאָמַר רַב חִסְדָּא. בְּשֶׁעִיבְּרָה שְׁנָתוֹ בֵּין רִאשׁוֹן לַשֵׁינִי. רִבִּי הִילָא בְשֵׁם רִבִּי יוֹחָנָן. בְּשֵׁעִיבֵּר זְמַן כַּפָּרָתוֹ. “And whose year has passed.” Parallel to what Rav Ḥisda said102Chapter 5, Notes 178–179., If its year was completed between First and Second. Rebbi Hila in the name of Rebbi Joḥanan: When the time for its propitiation was passed.
וְשֶׁאָבְדָה וְנִמְצֵאת. (בַּעַל מוּם) [בְּרִי מּוּתָּר.] רִבִּי יָסָא בְשֵׁם רִבִּי יוֹחָנָן. אֵין לָךְ פֶּסַח גּוּפוֹ קָרֵב שְׁלָמִים אֶלָּא שֶׁאָבַד וְנִמְצָא מֵאַחַר שֶׁכִּיפְּרוּ הַבְּעָלִים. “And which was lost and found.” (Defective.) [Is it not certainly permitted?] Rebbi Yasa in the name of Rebbi Joḥanan: No body of a Pesaḥ is brought as well-being sacrifice except the one which was lost but found only after the owners propitiated103In all other cases, while he agrees that the value of the animal is dedicated for well-being offerings, he demands that the animal be put out to grazing, to be sold once disqualified as sacrifice. Babli 97b.
The scribe’s text “defective” is certainly a scribal error from the following paragraph..
וּבַעֲלַת מוּם. רִבִּי זְעוּרָא בְעָא קוֹמֵי רִבִּי יָסָא. לֹא מִסְתַּבְּרָא בָהֵן בַּעַל מוּם דְּתַנִּינָן הָכָא בָּאֲבִיד הוּא. אָמַר לֵיהּ. אוֹף אֲנָא סְבַר כֵּן. “And the defective.” Rebbi Zeˋira asked before Rebbi Yasa: Is it not reasonable that the defective quoted here is the one which was lost104Since a defective animal cannot be dedicated as sacrifice; its dedication automatically would only be for its money’s worth. It is to be sold without delay for the benefit of the Temple.? He said to him, I also am of this opinion.
הִפְרִישׁ פִּסְחוֹ וְאָבַד וְהִפְרִישׁ אַחֵר תַּחְתָּיו. לֹא הִסְפִּיק לְהַקְרִיב אֶת הַשֵּׁינִי עַד שֶׁנִּמְצָא הָרִאשׁוֹן. וַהֲרֵי שְׁנֵיהֶן עוֹמְדִין. אִית תַּנָּיֵי תַנֵּי. מִצְוָה לְהַקְרִיב אֶת הָרִאשׁוֹן. אִית תַּנָּיֵי תַנֵּי. מִצְוָה לְהַקְרִיב אֶת הַשֵּׁינִי. וְתַנֵּי שְׁמוּאֵל כֵּן. בּוֹרֵר אֶת הַיָּפֶה שֶׁבָּהֶן וְהַשֵּׁינִי יִרְעֶה עַד שֶׁיִּסְתָּאֵב. וְיִמָּכֵר וְיָבִיא בְדָמָיו שְׁלָמִים בְּשִׁשָּׁה עָשָׂר. רִבִּי לָעְזָר אוֹמֵר. הוּא עַצְמוֹ קָרֵב שְׁלָמִים בְּשִׁשָּׁה עָשָׂר. אַתְיָא דְרִבִּי כְּרִבִּי לָעְזָר. וּשְׁמוֵּאֵל תַּנִּיתָהּ כְּשִׁיטָּתֵיהּ. דְּתַנֵּי. רִבִּי אוֹמֵר. אֵין חַטָּאת {מֵתָה} אֶלְּא שֶׁנִּמְצֵאת מֵאַחַר שֶׁכִּיפְּרוּ בָהּ הַבְּעָלִים. אֵין הָמָּעוֹת הוֹלְכוֹת לְיַם הַמֶּלַח אֶלְּא שֶׁנִּמְצְאוּ מֵאַחַר שֶׁכִּיפְּרוּ הַבְּעָלִים. If he dedicated his Pesaḥ, but it became lost, and he dedicated another in its stead. Before he could sacrifice the second, the first was found, and now both are at his disposal. There are Tannaim who state, it is meritorious to sacrifice the first; there are Tannaim who state, it is meritorious to sacrifice the second. Samuel stated as follows: He selects the better of the two, and the other one shall graze until it becomes unusable, then be sold, and he shall bring for its value well-being offerings on the Sixteenth105In Tosephta 9:12 the text is: “If he dedicated his Pesaḥ, but it became lost, and he dedicated another in its stead. Before he could sacrifice the second, the first was found, and now both are at his disposal. He should bring the one he chooses following the words of the Sages. Rebbi Yose says, it is meritorious to sacrifice the first one, but if the second is better he should sacrifice that one and the first one shall graze until it becomes unusable, then be sold, and he shall bring for its value well-being offerings on the Sixteenth.”
The excess sacrifice cannot be brought before the Sixteenth since the Fifteenth is a holiday and only obligatory sacrifices are permitted on that day. No commentary known to me addresses the problem that first it is required that the animal graze for an indeterminate period but then be sacrificed on short notice on the second day after the first sacrifice. Probably one should read the text as “not before the Sixteenth”.. Rebbi Eleazar says, itself shall be brought as well-being offering on the Sixteenth. Rebbi comes with Rebbi Eleazar, and Samuel stated according to his system89The rule that an animal which had been designated for a certain sacrifice, but at the moment of actual sacrifice was not used, never could be used for another sacrifice, has precedence over the rule which states that a designation of Pesaḥ automatically reverts to that of well-being sacrifice after the 14th of Nisan., as it was stated106The Babli 97a, Temurah 22b, has a completely different tradition. One may not emend the Yerushalmi according to the Babli, in particular in this case where R. Salomon Adani in his commentary מלאכת שלמה to the Mishnah quotes the Yerushalmi from a Yemenite ms. in the form given here.: “Rebbi says, no purification offering {dies}107The word is missing in the text here but is quoted by R. Salomon Adani and is needed for understanding. The quote is based on the rule explained in Note 96, that any animal left to die as purification sacrifice is brought as well-being sacrifice in the case of Pesaḥ. but one which was found after that the owner had been atoned95The question whether one has to read “which was lost and found defective” or “which was lost and found, and the defective” is resolved in the discussion in favor of the first alternative. For this second group the Mishnah prescribes that they have to die if found after the owners had offered a substitute but if found before that time they are to be put out to graze, to be sold once no longer qualified as sacrifices., no money is thrown into the Dead Sea except which was found after the owner had been atoned108No animal had been bought yet but money was dedicated to be used for a purification sacrifice. Since gifts to Heaven are irrevocable (Mishnah Qiddušin 1:6), if the money was lost and only found after a substitute animal had been offered, it has to be destroyed in a way in which nobody could have future usufruct of any kind, such as throwing the coins into the Dead Sea where the metal will quickly be dissolved..”