POINT BY POINT OUTLINE
prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
1) WHO CAN MAKE TEMURAH?
(a) (If an animal was designated to be a Korban, and the owner says "this (Chulin) animal is in place of this (Korban), he transgresses the prohibition of Temurah. The Korban is unaffected, and (in most cases) the Chulin animal receives the Kedushah of the Korban.)
(b) (Mishnah): Everyone can make Temurah, both men and women;
1. This does not mean that it is permitted. Rather, if one made Temurah, it takes effect, and he receives 40 lashes.
(c) (Gemara) Question: The Mishnah contradicts itself!
1. First it says that anyone can make Temurah. This implies that this is l'Chatchilah;
2. Then it says that it is not permitted!
3. Counter-question: If you think that "everyone can make Temurah" connotes l'Chatchilah, why did you ask from the Seifa? You should have asked from a verse (which forbids), "Lo Yachalifenu v'Lo Yamir Oso"!
(d) Answer (Rav Yehudah): The Mishnah means that everyone has the ability to be Mekadesh an animal through Temurah, men and women;
1. This does not mean that it is permitted. Rather, if anyone made Temurah, it takes effect, and he receives 40 lashes.
(e) Question: The Mishnah says "everyone". Whom does this come to include?
(f) Answer: It includes an heir (who inherited a Korban). The Mishnah is unlike R. Yehudah:
1. (Beraisa - R. Meir): An heir does Semichah (leans on the Korban's head before Shechitah). An heir can make Temurah;
2. R. Yehudah says, an heir does not do Semichah, he cannot make Temurah.
3. Question: What is R. Yehudah's reason?
4. Answer: He learns Techilas Hekdesh (Temurah, which makes Hekdesh) from Sof Hekdesh (Semichah, which is just before Shechitah);
i. Just like an heir does not do Semichah, he cannot make Temurah.
5. Question: What is his source that an heir does not do Semichah?
6. Answer: It says three times "Korbano," to exclude (Semichah on) the Korban of a Nochri, of another Yisrael, and of one's father.
7. Question: Why does R. Meir say that an heir can do Semichah?
8. Answer: He uses the third "Korbano" to teach that every partner on a Korban does Semichah;
9. R. Yehudah disagrees with this. (Rashi - he exempts a jointly owned Korban from Semichah. Rashi in Erchin - one partner does Semichah for all of them.)
10. Question: What is the reason?
11. Answer #1: The Korban does not belong exclusively to any one of them. (It is not called "Korbano").
12. Answer #2: Alternatively, R. Yehudah could agree that every partner does Semichah;
i. One "Korbano" excludes Semichah on the Korban of someone else, be it a Yisrael or Nochri, and one requires all partners to do Semichah. (One excludes an heir. We cannot learn from the first "Korbano," for sometimes an heir is considered to be just like the deceased.)
(g) Question: What is R. Meir's source that an heir can make Temurah?
(h) Answer: He learns from "v'Im Hamer Yamir" (the extra word includes an heir);
1. He learns Sof Hekdesh (Semichah) from Techilas Hekdesh (Temurah). Just like an heir can make Temurah, he can do Semichah.
(i) Question: What does R. Yehudah learn from "v'Im Hamer Yamir"?
(j) Answer: It teaches that a woman can make Temurah;
1. (Beraisa) Suggestion: Perhaps a woman cannot make Temurah, because the entire Parshah is written in the masculine (e.g. "Lo Yachalifenu v'Lo Yamir " (he will not switch), as opposed to "Lo Tachalifenu v'Lo Tamir," which could mean you will not switch or she will not switch)!
2. Rejection: "V'Im Hamer Yamir" teaches that a woman can make Temurah.
(k) Question: What is R. Meir's source that a woman can make Temurah?
(l) Answer: He learns from the "Vav" in "v'Im Hamer Yamir";
1. R. Yehudah does not expound the "Vav."
(m) Question: Why do R. Yehudah and R. Meir both need a verse to obligate a woman who makes Temurah? Rav Yehudah's teaching should obligate her!
1. (Rav Yehudah (and Tana d'Vei R. Yishmael)): "Ish Oh Ishah Asher Ya'asu mi'Kol Chatos ha'Adam" equates men and women regarding all punishments.
(n) Answer: A verse is needed to teach about Temurah;
1. Version #1 (our text): One might have thought that men and women are equated regarding sins that apply to individuals and the Tzibur, but not Temurah;
i. (Mishnah): The Tzibur or partners cannot make Temurah.
2. Version #2 (Rashi): One might have thought that they are equated regarding a Lav she'Yesh Bo Ma'aseh (with an action), but not regarding a Lav she'Ein Bo Ma'aseh; (end of Version #2)
i. One might have thought that a woman who makes Temurah is not lashed. The verse teaches that she is.
2) WHO CAN MAKE TEMURAH?
(a) Question #1 (Rami bar Chama): Can a minor make Temurah?
1. Question: What is the case? (Onas ha'Nedarim is the age at which we are concerned for a minor's vows. Rashi - it is a year before he can become an adult (with the appearance of two pubic hairs), i.e. 12, or 11 for a girl. Rambam - it is after 13/12 years for a boy/girl, before there are two hairs. If such a minor vowed (or was Makdish), we check whether he understands that vows are commitments to Hash-m. If he does, it takes effect.)
i. If he is below Onas ha'Nedarim, since he cannot be Makdish, surely he cannot make Temurah!
2. Answer: The case is, he reached Onas ha'Nedarim;
i. Question: It says "Ish" (can be Makdish). What do we learn from "Ki Yafli Neder"?
ii. Answer: This teaches that Mufla Samuch l'Ish (a minor who reached Onas ha'Nedarim) can vow.
3. Summation of question: Do we say since he can be Makdish, he can make Temurah?
i. Or, since he is not liable for sin, his Temurah does not take effect!
(b) Question #2: If you will say that a minor can make Temurah, for later he will (mature and) be liable for sin, can a Nochri make Temurah?
1. Since he can be Makdish, he can make Temurah;
i. (Beraisa) Question: What do we learn from "Ish Ish (... Asher Yakriv)"?
ii. Answer: This teaches that Nochrim may offer Nedarim and Nedavos, like Yisrael.
2. Or, since he will never be lashed (for Temurah), his Temurah is not Kodesh!
(c) Answer #1 (Rava - Beraisa - R. Shimon): The following apply to Kodshim of Nochrim:
1. One may not benefit from them. One who benefited from them did not transgress Me'ilah;
2. One is not liable for them for Pigul, Nosar or Tamei;
3. They do not make Temurah;
4. Version #1: Nochrim may not bring Nesachim alone, but Nesachim must be brought with their Korbanos.
5. Version #2: Nochrim may not bring Nesachim, but Nesachim must be brought (e.g. by the Tzibur) with their Korbanos. (end of Version #2)
6. R. Yosi is stringent concerning all of these.
7. This applies to Kodshei Mizbe'ach, but Me'ilah applies to Kodshei Bedek ha'Bayis. (Rashi - R. Shimon says this; Ri - R. Yosi says this.)
8. Summation of answer: It says that Kodshei Nochrim do not make Temurah!
(d) Clarification: Rami bar Chama did not ask about a Korban that a Nochri was Makdish for himself, rather, for a Korban that he was Makdish to atone for a Yisrael;
1. If Temurah depends on the Makdish, it should not apply. If it depends on the Miskaper (the one for whom the Korban atones), it should apply.
(e) Answer #2: The following shows that Temurah depends on the Miskaper!
1. (R. Yochanan): If the Makdish redeems his own Hekdesh, he adds a fifth;
2. Only the Miskaper can make Temurah;
3. If Reuven makes his produce Terumah to exempt Shimon's Tevel, Reuven has Tovas Hana'ah (he gives the Terumah to the Kohen of his choice).
(f) Rejection: No, R. Yochanan discusses when all parties to the Korban (including the Makdish) were Yisraelim;
1. Rami's question is whether or not every party to the Korban, from beginning to end, must be able to make Temurah (i.e. a Yisrael).
(g) Questions #1 and #2 are unsettled.