Question: Two Temurahs
“Why does the Torah mention the mitzvah of temurah twice at the end of this week’s parshah, Bechukosay, once at the beginning of Chapter 27 and again at its end?”
The concept of offering korbanos is foreign to us, since, unfortunately, our Beis Hamikdash still remains in ruin and we are neither required nor permitted to offer korbanos anywhere else. Precisely because this topic is so unfamiliar, we should utilize every opportunity to familiarize ourselves with these laws. There are numerous reasons that underscore the importance of this topic, including:
(1) When our Beis Hamikdash is rebuilt — may it be speedily in our days — we will have to know all the laws about offering korbanos.
(2) It is part of the Torah we are required to know, and will also help us better understand this week’s Torah reading.
(3) The concept of uneshalmah parim sefaseinu (Hoshea 14:3), that when we are unable to offer korbanos, our reading and studying these Torah sections fulfills our requirement to offer the korbanos.
(4) There are some very important and little known laws that affect us today. We will soon study them.
What Is Temurah?
Towards the end of this week’s parshah, the Torah mentions a very unusual concept called temurah. Someone who had consecrated an animal to be his korban subsequently changes his mind and decides to substitute a different animal for the korban. By doing so, he violates the Torah’s prohibitions of lo yachalifenu velo yamir oso, “do not exchange it and do not substitute in its stead.” The Torah teaches that as a result of his declaration, both animals now have the sanctity of that korban (Vayikra 27:10). This means that the declaration succeeded in creating sanctity on the new animal, but failed to remove the sanctity from the original animal. Now, use of either animal for personal benefit is prohibited min hatorah. The animal that attained sanctity because of the second declaration is itself called a temurah (pl., temuros), so the word temurah refers both to the prohibited act and to the animal that is now affected by that act.
What Happens to the Animal?
What ultimately happens to an animal that has just become a temurah?
Each of the several types of korbanos has specific details as to how it is offered. Consequently, although every temurah animal has sanctity, its status will be determined by the specific korban for which it was dedicated.
One of the most common types of consecrated korbanos is the shelamim, whose name comes from the word shalom, peace. Rashi (Vayikra 3:1) explains two approaches for its name:
(1) The purpose of a shelamim is to bring peace to the world.
(2) The meat of a korban shelamim is divided: most of it is eaten by the owner in Yerushalayim. He may share it with any tahor person he chooses. A portion of the shelamim, the breast meats and the right thigh, is given to the kohen to eat in Yerushalayim and share with whomever he desires. The mizbei’ach (the altar) receives much of the fat of the animal, the kidneys, its diaphragm meat (which butchers often call the “skirt steak”), and a small part of the liver. Thus, “everyone” is made happy by this korban, and it brings peace to the world.
No Gender Discrimination
Shelamim is unique among the commonly consecrated korbanos in that one may offer an animal of either gender of any of the three types of kosher beheimah (domesticated animal — bovines, sheep or goats) and that there is no age restriction once the animal is seven days old. Of the other three main types of common consecrated korbanos, chatas must be female, whereas both olah and asham must be male. Both chatas and asham have other requirements as far as species, and asham has specific age requirements.
Now that we understand some of the basics of shelamim, our question is what happens to a temuras shelamim. This is the subject of a dispute in the Mishnah (Temurah 17b, 18a), but the halachic conclusion is that a temuras shelamim is treated just as a shelamim. It is offered as a korban and its meat is then divided: part eaten by the kohen and his family, a small part burnt on the mizbei’ach and the majority eaten by its owner.
The other very common type of consecrated korban is the olah, which is completely burnt on the mizbei’ach. In the case of olah, both the original korban and its temurah are offered in the Beis Hamikdash with all the details of the appropriate halachos observed. In this way, a temuras olah is treated similarly to temuras shelamim.
There is, however, one case when this cannot be done, which is when the temuras olah is a female animal. Since an olah must be male, the female temurah cannot be offered. This creates a very interesting predicament, since the female now has the sanctity of an olah, yet it cannot be offered as such because of its gender.
To resolve this difficulty, the temurah is sent out to pasture temporarily. The plan is that, left to her own devices, she will eventually develop a blemish that invalidates her as a korban. This requires a bit of explanation:
The Torah requires that all animals offered in the Beis Hamikdash be unblemished. There is an extensive list of physical shortcomings that invalidate an animal from being offered as a korban. For example, an animal whose legs are of uneven length is invalid as a korban, even though the animal is otherwise perfectly healthy. Also, an animal that shows evidence of damage, such as a split lip, is invalid as a korban. A blemish is called a moom and an animal bearing such a blemish is called a baal moom.
In the case of most korbanos, a consecrated animal that has become blemished is redeemed with the redemption money used to purchase a replacement korban. After the baal moom korban is redeemed, it may be slaughtered and eaten, but one may not work it.
This is what happens to a female temuras olah. She is sent out to pasture with the hope that she will eventually develop a moom that will invalidate her as a korban. When that happens, she will be redeemed, the redemption money being used to purchase a new korban olah.
It is prohibited min hatorah to blemish a korban intentionally (Rambam, Hilchos Issurei Mizbei’ach 1:7); however, one may release the animal to the pasture in the hope that it becomes blemished.
There are other instances when one cannot offer the temurah animal in the Beis Hamikdash. For example, both chatas and asham korbanos are offered to atone for specific sins. If someone creates a temurah of either a chatas or an asham, the temurah has sanctity that will preclude its being used any more by the owner, although it will be invalid for offering in the Beis Hamikdash. Exactly what one does with these animals is discussed by the Gemara and the rishonim but includes too many details to discuss in this article.
The temurah of another korban, bechor, has yet a third status. A bechor is a firstborn male animal of a kosher species whose mother is fully owned by a Jew or Jews. An unblemished firstborn male was given to a kohen who brought it as an offering in the Beis Hamikdash. Its meat was eaten by the kohen and his family anywhere in Yerushalayim when they were tahor, and the kohen was able to share it with any tahor person, similar to the laws of a shelamim.
If the bechor is blemished, the halachah is unlike other korbanos, where the blemished animal is redeemed with redemption money that is used to purchase a replacement korban. The owner of a blemished bechor gives the animal to a kohen, who now owns it as his personal property, although he is still forbidden to work the animal and may use it only to slaughter for meat. It is one of the matanos kehunah, the gifts provided to the kohen, so that he can devote himself to his responsibilities as a teacher of the Jewish People. Should the kohen choose to, he may sell it to someone else. There are some other specific laws regarding where it may be slaughtered and how it may be sold, but it may be eaten by anyone, even a person who is tamei.
Temurah of Bechor
We have now seen that the korban of bechor is unusual, in that a blemished bechor loses some of its sanctity as a korban and as a result is slaughtered and eaten. The temurah of a bechor, therefore, also has halachic status different from other temuros. The owner gives the temuras bechor to a kohen, who sends the animal to pasture until it develops a blemish, at which point he may slaughter it and consume it (Mishnah Temurah 21a).
When the Beis Hamikdash stood, every farmer was required to gather all his newborn kosher animals three times a year and send them though the opening of a pen, one at a time. The farmer counted each animal aloud, and marked each tenth animal exiting the pen with a red mark (Mishnah Bechoros, Chapter 9). This tenth animal has the halachic status of maaser, which is a type of korban. One could not work this animal. Instead, the owner was required to bring it to the Beis Hamikdash, where it was offered as a korban. The owner received most of the meat of this korban, which he was required to eat in Yerushalayim.
This korban shares many halachos with the bechor mentioned above. For example, just as a blemished bechor is not redeemed but is slaughtered and eaten, so too, a blemished maaser is slaughtered and eaten.
There is a difference between the bechor and the maaser, in that the owner is required to give the bechor to a kohen, whereas the maaser he keeps for himself.
There is a similarity between the temurah of bechor and that of maaser in that the temurah is not offered, although it, also, may not be worked, but one waits until it develops a blemish, at which point it can be slaughtered and eaten. In the case of maaser, the owner keeps the animal which he now may eat.
With this information, we can now answer the question asked above:
“Why does the Torah mention the mitzvah of temurah twice at the end of this week’s parshah, once at the beginning of Chapter 27 and again at its end?”
Checking the two pesukim, one will see clearly that the first verse (Vayikra 27:10) is addressing temurah of most korbanos, whereas the second verse (Vayikra 27:33) is addressing the temurah of a maaser animal. As Rashi explains on the latter verse, the halachah of temurah for maaser is different from that of other korbanos, which are usually either offered as a korban or redeemed. Whereas it has the sanctity of a korban, the temurah of a maaser prohibits only working the animal. One awaits its developing a blemish, and then slaughters it for its meat.
Who Can Make Temurah?
A person cannot create a temurah unless he is the owner of a korban. This means that if Jerry walks down the street one day and decides that he wants to substitute a different animal for Yosef’s korban, no temurah has happened. Yosef has to make the temurah for his own korban, or, alternatively, authorize someone to make temurah on his korban.
Who Is the “Owner” of a Korban?
Technically, the person who creates the temurah does not have to be the person who originally declared the animal to be a korban, although temurah can be declared only with the authority of the “owner” of the korban, meaning the person who is to benefit from its offering. If one person declared an animal to be a korban for the benefit of another, it is the beneficiary of the korban who is considered its “owner,” not the donor. Therefore, if the beneficiary of the korban subsequently decided to substitute a different animal, he will violate temurah and both animals will become sanctified, whereas if the donor did so, he did not violate temurah, and only the original animal has the sanctity of the korban. In the latter case, the replacement animal has no sanctity at all and can be worked with or used as one chooses.
Temurah on Birds?
The laws of temurah apply only to animal korbanos and not to korbanos of birds or of flour (Mishnah Temurah 13a). Therefore, if someone who has turtledoves set aside for his offerings decided to substitute something, whether a bird, an animal or anything else for the turtledoves, he has not violated the prohibition of creating temurah. Since the declaration was totally ineffective, the original turtledoves will be offered and the substitute animal or bird has no sanctity whatsoever.
Unusual Temurah Laws
There are several curious aspects to the laws of temurah and sanctifying offerings. One can create a temurah only when the original offering is owned by an individual, but not when it is a communal offering (korban tzibur) or even when it is a korban owned by two or more partners (Mishnah Temurah 13a). Notwithstanding the fact that one cannot make such a temurah, the Rambam (Hilchos Temurah 1:1) rules that one who attempts to substitute an animal for a communal korban violates the Torah’s prohibition and incurs the punishment of malkus. Nevertheless, since the temurah is completely ineffective, the new animal has no sanctity whatsoever. (The original animal is also, of course, not affected, and it is offered as the korban for which it was intended.)
Someone can even create several temurah animals at the same time. For example, if the owner tried to remove the sanctity of the original animal by substituting two or more animals in its place, all the new animals become consecrated as korbanos, and the original animal still retains its korban status (Mishnah Temurah 9a).
One of the interesting laws of temurah is that someone can create temurah even though he did not intentionally violate the Torah’s prohibition (Temurah 17a; Rambam, Hilchos Temurah 1:2; Tosafos, Temurah 2a s.v. Ha). For example, someone who did not realize that temurah is prohibited will still have created two animals that are holy.
Here is another unusual aspect to the laws of Temurah. The Gemara teaches that, under certain circumstances, an eleven-year-old girl or a twelve-year-old boy can declare an animal to have the sanctity of a korban, provided that he or she is the owner of the animal (Temurah 2b). This is true even though they are halachically minors and not obligated to observe mitzvos.
The Gemara (2b) discusses whether a minor who can consecrate a korban can also create a temurah. This is highly surprising; a minor cannot violate the prohibition of creating temurah, one would think that he cannot create a temurah either. Evidently, the creation of a temurah is not dependent on violating the prohibition of temurah.
Do we live with a burning desire to see the Beis Hamikdash rebuilt speedily in our days? Studying the halachos of the korbanos should help us develop our sensitivity and desire to see the Beis Hamikdash again in all its glory. May we soon merit seeing the kohanim offering all the korbanos in the Beis Hamikdash in purity and sanctity and Klal Yisrael in our rightful place in Eretz Yisrael as a light unto the nations!