Temurah תמורה

Tractate Temura examines all the halakhot of substitution. The main issues at hand are the prohibition against substituting a non-sacred animal for a consecrated animal, and the ways in which sanctity takes effect upon that animal despite the prohibition. All the attendant halakhot are based on a mere two verses in the Torah, Leviticus 27:10 and 27:33; yet an entire tractate is devoted to discussion of these matters, as they include principles with wider ramifications for other halakhot.

There are two unique aspects of the halakha of substitution. First, although the act of substitution is prohibited and one who performs it is liable to receive lashes, nevertheless, the substitution takes effect, consecrating the intended substitute. The issue of the halakhic validity of prohibited actions is not unique to this tractate; it applies to many areas of halakha, from monetary matters to the halakhot of Shabbat, from questions of prohibited and permitted items to the status of consecrated objects. Nonetheless, it is here that the topic is analyzed comprehensively with regard to various areas of Torah law, both on the theoretical plane and with regard to practical halakha. See especially 4b-6b as well as the surrounding passages.

The second unique aspect is that through substitution one can consecrate even animals that cannot be sacrificed on the altar, such as blemished animals or animals of the opposite sex of the prescribed sex, e.g., females for burnt offerings or males for sin offerings. In this context, questions arise with regard to the scope of substitution and upon which animals it takes effect: What is done with such animals? Are they fit for sacrifice instead of the sacrificial animals for which they were substituted, or in addition to them, or are they entirely unfit for sacrifice? Is there a difference in this regard between animals that are fit and unfit for the offering in question? What must be done with an animal that is unfit to be used as any type of offering? Likewise, does the halakha distinguish in this regard between the various categories of offerings? Since the basic consecration of substitution is the same in all cases, any difference must stem from the characteristics of the offerings, whether due to discrepancies in their nature or how the verses that form the basis of the halakhot concerning them are interpreted.

A similar inquiry, relating to the transfer of an offering's sanctity to an item not fit for such an offering, involves the offspring of sacrificial animals. If a female animal was consecrated as an offering and became pregnant, the Sages discuss whether the offspring is sanctified as part of its mother's body. Furthermore, if the offspring is a male, it may not be fit for sacrifice as the same type of offering as the mother. In cases such as this, it must be determined whether derivative sanctity applies to the offspring, and if so, whether it can be sacrificed. Likewise, if one initially consecrated an animal as a specific offering and its fetus as a different offering, does the sanctity of the mother apply to the fetus, or does it attain a separate sanctity of its own?

A related issue concerns consecration by valuation: Can the owner of an animal sanctified as an offering also consecrate it for Temple maintenance? If this latter consecration does take effect, how must he treat this animal in practice? Although these queries do not directly touch upon the matter of substitution, they are discussed in this tractate due to their common features of the application of sanctity in an irregular manner and the problem of defining derivative sanctity.

There are other unusual characteristics of substitution, some of which are subject to dispute by the tanna'im. These include whether the act of substitution, which differs from standard consecration, can apply even to the fetuses or limbs of sacrificial animals. The tractate discusses at great length the nature of the sanctity that applies to limbs and fetuses.

Since substitution is prohibited by Torah law, the tractate addresses the halakhot of other offerings that, although unblemished, may not be sacrificed. These include animals unfit for sacrifice because a prohibited act was performed with them, e.g., they were worshipped as idols, were the objects of bestiality, or killed a person. Special attention is given to the prohibition against using as an offering an animal that was given as payment to a prostitute or as the price of a dog. These animals are rejected as offerings because, although no prohibition was performed with them directly, they are considered repulsive, like an old animal or one with a foul odor.

Like other tractates in Seder Kodashim, especially the smaller ones, tractate Temura is full of alternative versions of discussions and textual variants. More frequently than in other tractates, the Gemara includes different versions of statements and answers, introduced with the term: Another version. No less important are the numerous variations of the tractate's text found in the early commentaries. There are also unique expressions in this tractate not found elsewhere in the Babylonian Talmud, e.g., the term tiba'ei, meaning: The dilemma remains unresolved, instead of the more common teiku, meaning: The dilemma shall stand.

This tractate is devoted almost entirely to halakha. The little aggadic material that is presented is unrelated to the main issues and is cited tangentially to other discussions. Tractate Temura comprises seven chapters, each of which has one or more defined topics, although, as is typical, the Gemara will occasionally analyze an unrelated matter. Likewise, certain cases are mentioned in the tractate due to their halakhic or linguistic similarity to substitution. The subjects of the chapters are as follows:

Chapter One deals with most of the central halakhot of substitution: Who can perform substitution, for what can one substitute, and what can be substituted. It also includes a lengthy discussion of the halakhic efficacy of prohibited actions.

Chapter Two discusses two main topics: The difference between an individual offering and a communal offering, and the difference between substitution and other halakhot concerning offerings.

Chapter Three focuses on the offspring of sacrificial animals: Which of them are consecrated, and how does sanctity take effect with regard to the various types of offerings?

Chapter Four examines different types of sin offerings that are unfit for sacrifice, e.g., sin offerings that are disqualified and condemned to die.

Chapter Five addresses two subjects: First, the ways of consecrating an animal fetus, and second, the proper wording used in substitution and consecration.

Chapter Six deals mainly with those offerings that are prohibited for sacrifice due to transgressions performed with them, especially the prohibition against sacrificing an animal given as payment to a prostitute or as the price of a dog, as well as the halakha concerning the offspring of these forbidden animals.

Finally, Chapter Seven analyzes the differences between animals consecrated for sacrifice and items consecrated for Temple maintenance, and the appropriate manner by which to dispose of various prohibited objects.