The Torah establishes in Parashat Behukotai (Vayikra 27:10) that if a person tries to transfer the sanctity of a consecrated animal onto a different animal, then both animals are consecrated. This means that if a person consecrated an animal as a sacrifice, and then declared the transfer of its sacred status onto a different animal, then the first animal retains its status of sanctity, and the second animal attains this status. This Halacha is known as “Temura” (“exchanging”). Earlier, the Torah forbade making such a proclamation, and the Sefer Ha’hinuch counted this prohibition as one of Misvot Lo Ta’aseh (Biblical prohibitions). The Sefer Ha’hinuch additionally lists as a Misvat Aseh (affirmative command) the obligation to treat both animals as sacred.

To explain the reason behind this command, the Sefer Ha’hinuch writes that G-d wanted people to treat all sacred articles with the utmost reverence and respect. As such, the Torah did not want a person to change his mind after consecrating an animal, which would bespeak a disrespectfully flippant approach to the sacrifices. The Torah therefore established that if one tries to transfer sanctity from one animal to another, he will be required to treat both animals as sacred, thereby impressing upon us the significance of this status. This will help ensure that people do not take Kedusha lightly, and will give the sacrifices the respect and reverence that they deserve.

The Sefer Ha’hinuch then proceeds to cite the Rambam as giving a different explanation for this Misva. The Rambam writes that after a person consecrated an animal, he might later regret his decision, once his excitement and enthusiasm wane, and he will therefore want to minimize his financial loss by substituting the animal with a less expensive animal. In order to prevent people from having this change of heart after consecrating an animal, the Torah stipulated that such an attempt will result in both animals being consecrated as sacrifices. The Rambam adds that the Torah extended this rule even to the reverse case – where one seeks to transfer the animal’s sanctity onto a more expensive animal – because if this were allowed, people would also transfer the sanctity onto a less expensive animal.

Interestingly, the Sefer Ha’hinuch concludes his discussion of the reasons behind this command by expressing his admiration for and gratitude to the Rambam, who offered reasons for the Misvot. The Sefer Ha’hinuch humbly acknowledges that the Rambam’s explanations were exceedingly helpful to him as he set out to produce this work, going through the 613 Misvot and suggesting the reasons behind them.

The law of Temura applies only if one declares the transfer of sanctity onto an animal which is fit to be offered as a sacrifice. If one declares the transfer of sanctity onto an animal that is Kil’ayim (a crossbreed), a Tefera (mortally wounded animal), a Yoset Dofen (animal born via Caesarean section), a Tumtum or Androgynus (animal whose gender cannot be verified), the proclamation has no effect. Since these animals cannot be offered as sacrifices, such a proclamation is ineffective, as this is akin to declaring the transfer of sanctity onto species such as donkeys or camels, which are not offered as sacrifices.

A Temura proclamation is effective only if one declares the transfer of sanctity onto his own animal. One cannot make somebody else’s animal a Temura, unless that other person explicitly said that Temura would be effective with regard to his animals.

If a person declares the transfer of a consecrated animal’s sanctity onto 100 animals, all 100 animals become consecrated, and the individual is liable to 100 sets of Malkut for these multiple violations of the Temura prohibition. Likewise, if one proclaimed the transfer of the animal’s sacred repeatedly, first onto one animal, and then another, and then another, even one thousand times, all the animals are consecrated, and he is liable to Malkut for each proclamation.

An animal which was consecrated via Temura cannot then make another animal sacred via Temura; if one declares the transfer of sanctity from the Temura onto a different animal, this declaration has no effect.

If a consecrated animal gives birth, the offspring is subject to the laws of Temura.

Although non-Jews can consecrate animals as sacrifices, and animals which they consecrate are indeed sacred, non-Jews cannot, according to Torah law, consecrate an animal via Temura. This means that if a gentile declares the transfer of his consecrated animal’s sanctity onto a different animal, this declaration has no effect on the level of Torah law. However, the Sages enacted that the second animal should be regarded as consecrated.

This law applies to both men and women, and in all times and places.

One who proclaims the transfer of a consecrated animal’s sanctity onto a different animal transgresses a Torah prohibition, as we discussed in regard to the previous Misva, and he is then bound by a Misvat Aseh to treat both animals as sacred. If he fails to do so, then he transgresses this affirmative command.

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