Sefer HaChinuch ספר החינוך

The commandment of the one who exchanges the beast of a sacrifice with another beast, such that both of them be consecrated: That the exchange be consecrated — meaning to say, that both will be consecrated if one exchanges the beast of a sacrifice with another beast, such that he said, “This one will be for a sacrifice in exchange for that one,” as it is stated (Leviticus 27:10), “and it and its exchange shall be consecrated.” And this passage is a positive commandment — meaning that the Torah commanded us that the exchange be holy and that we practice holiness with both of them. And the proof that this is a positive commandment is their, may their memory be blessed, saying in Tractate Temurah 4b regarding the one who exchanges, “A positive commandment does not come and uproot two negative commandments.” [This is] meaning to say that the prevention of exchange is repeated twice — as it is stated, “He shall not exchange nor substitute for it” — and the positive commandment of “and it and its exchange shall be” does not come and uproot these two negative commandments. Behold, what we wanted is elucidated, that it is a positive commandment.

It is from the roots of the commandment that God, blessed be He, wanted to instill His fear in the hearts of people in all matters of sanctity, and as I wrote in the building of the holy House and its vessels in the Order of Vayikchu Li Terumah (Sefer HaChinukh 95). In that commandment you will see our intent, from the angle of the simple understanding, about the great stringency that is fitting for us to practice with the holy. And therefore in order to establish the awe of the matter of the holy in our hearts, the verse commanded us that we not change our words. Rather, from when the beast is sanctified, it is in its sanctity forever; and we should not think to remove it from its sanctity and to exchange it with another beast. But if he did [speak] this thing from his mouth, his thought and all of his action is reversed and both of them are holy. As he came with his actions to remove holiness and it shall be the opposite — that it expand more and be attached to all [of them]. And Rambam, may his memory be blessed, wrote (Mishneh Torah, Laws of Substitution 4:13) about the reason for this commandment, and about that which we have been commanded to add a fifth for the redemption of consecrated things, that the Torah went down to the bottom of man’s thinking and his evil impulse. As his nature is to multiply his [own] possessions and to be concerned with his money. And even though he vowed and sanctified, it is possible that he will go back on it and regret and want to redeem it for less than its worth. Therefore, he adds a fifth. And likewise he will exchange the beast that he sanctified with one that is less than it. And if permission was given to him to exchange a bad one with a good one, he will exchange a good one with a bad one. And therefore Scripture sealed the door in front of him. And he was further lengthy about this matter and wrote, “And even though all the statutes of the Torah are decrees, you are fitting to examine them (about) and give a reason for [everything] that you can.” And the Teacher should be remembered for the good, as he aided me in this [project] of mine.

From the laws of the commandment is that which they, may their memory be blessed, said (Temurah 17a) [that in the case of one] who exchanges with a forbidden mixture, a “torn” (terminally ill) animal, or [one of unknown sex], sanctity does not descend upon it — since there is no sacrifice with its type. And therefore he is not lashed. But a beast that has a blemish creates an exchange, since there is a sacrifice with its type. And like that which they said (Temurah 9a) that a man cannot exchange his beast for a sacrifice that is not his. But if the owner of the sacrifice said, “Anyone who wants to exchange may exchange,” any man can exchange for it. And one who exchanges cattle for sheep or sheep for cattle, sheep for goats or goats for sheep, males for females or females for males, or exchanged one beast for a hundred or a hundred for one — whether at one time or whether one after the other — behold, this is an exchange and he is lashed according to the calculation of the animals that he has exchanged. And the exchange cannot create a [further] exchange, nor can the offspring of a sanctified beast create an exchange, as it is stated, “and it and its exchange will be consecrated.” And they, may their memory be blessed, were precise, alongside the received traditional understanding (Temurah 13a): “‘It,’ and not its offspring; ‘and its exchange,’ and not the exchange of its exchange.” But [in the case of] one who exchanges for a beast and goes back and exchanges for it even a thousand times, they are all an exchange and he is lashed for every one. And fowl and meal-offerings do not create an exchange, as only “beast” is stated in the verse. And the exchange for the sanctified things of gentiles [is not effective] from Torah writ. But rabbinically, [in the case of] a gentile who exchanges, it is exchanged (Mishneh Torah, Laws of Substitution 1:6). And everyone exchanges — both men and women. It is not that a man is permitted to exchange, but rather if he exchanges [an appropriate beast], it is exchanged and he absorbs the forty [lashes]. And that which they said how the law is of sacrificing the exchange; the law of its offspring and the offspring of its offspring; and the rest of its details, are elucidated in Tractate Temurah. (See Mishneh Torah, Laws of Substitution 1.)

And it is practiced in every place and at all times by males and females. And one who transgresses it and exchanges, but does not practice holiness towards both of the beasts — meaning, with the first and its exchange — has violated a positive commandment; besides the punishment that there is in the thing that he misappropriates what is holy.