1)

ADDING A FIFTH WHEN REDEEMING AN ANIMAL (Yerushalmi Ma'aser Sheni Perek 3 Halachah 2 Daf 15a)

.

(a)

(R. Yehoshua ben Levi): (If an animal was consecrated and then became blemished, when the owner redeems it he must add a fifth to the value.) The fifth is only added when redeeming the original animal that was consecrated, (but if the Kedushah was transferred to another animal, it is not added).

'' ( ) .

(b)

Support (R. Elazar) (Baraisa): The pasuk states (Vayikra 27:27), "If a person consecrates a non-Kosher animal, he may redeem it by paying its assessed value''. Just as a non-Kosher animal is special in that it can only be the original animal (as the Kedushah cannot be transferred to another non-Kosher animal) and one adds the fifth; so too for any case of the original animal, one must add the fifth.

[ ] .

(c)

(R. Shmuel bar Chiya bar Yehuda citing R. Chanina): If Shelamim offerings were bought with Maaser money and they became blemished and were redeemed, one must add the fifth.

.

(d)

(R. Shmuel bar Chiya bar Yehuda citing R. Chanina): If Shelamim offerings were bought with excess money that had been set aside for a Pesach offering and they then became blemished, he redeems them and adds a fifth.

'' .

(e)

(R. Yudan): Of these two statements of R. Shmuel bar Chiya, one was needed and one was obvious.

' . [ ( )] .

(f)

(R. Mana): (The case of buying Shelamim with money set aside for a) Pesach (offering) was needed and (the case of buying a) Shelamim (with Ma'aser Sheni) was not needed. (Why is the case of the Pesach offering needed?) That you should not say that since one is supposed to turn excess Pesach money into Shelamim, they are considered the same Kedushah and one would not need to give the fifth. (However, it's obvious that Shelamim is different to Ma'aser Sheni.)

'' ''

(g)

(R. Huna): The reasoning of R. Shmuel is like R. Shimon, who said (in the first Perek of Maseches Temurah) that one cannot twice make a Temurah of a Pesach offering. (This is in fact true for any Korban.) (The Torah prohibits making a Temurah, which is a Chulin animal exchanged for an animal designated as a Korban in an attempt to transfer the Kedushah of the Korban onto a replacement. The pasuk states that 'If you do exchange an animal (of Kodesh) for another animal (that is not Kodesh), both the original animal and the one given in exchange for it will be Kodesh'.)

.

1.

However, if a person made a Temurah when it was still a Pesach and then Pesach passed and the original animal became a Shelamim; if he again makes a Temurah, it is valid, since the original Korban has now become a different Korban.

'' ' () ()[]

(h)

Rebuttal (R. Mana to R. Huna): But R. Yehuda HaNasi disagrees with R. Shimon as he says that the Kedushah of Shelamim is the same as the Kedusah of the Pesach offering!