Temurah 1:1 - 1:2

הכל ממירין – All persons can cause the seizure of the substitute in holiness together with the original by exchanging a consecrated animal, that seizes the holiness of the exchange of an unconsecrated animal, if he said, “this is place of that one of something consecrated,” whether by the mouth of men or by the mouth of women, as for example, if woman exchanged/substituted it, it seizes the sanctity of exchange by her mouth. And the word "והכל" /”All” that is taught here includes someone who inherits that if he substituted/exchanged a sacrifice that someone bequeathed to him during his lifetime, his substitution is a substitution.

לא שאדם רשאי להמיר – because it is written (Leviticus 27:10): “[One may not exchange] or substitute another for it.”

מומר – holiness was seized upon it and both of them (i.e., the formerly designated animal that was consecrated and the formerly unconsecrated animal that has just been substituted) are holy.

וסופג את הארבעים – he is flogged [for transgressing] the negative commandment (Leviticus 27:10): “or substitute another for it,” and even though it is a negative commandment/prohibition that does not involve an action/לאו שאין בו מעשה. For we hold that any negative commandment/prohibition that does not involve an action we don’t flog that person except for false conspiring witnesses and [someone who] substitutes an animal for another or someone who curses another (or himself) using the name of God. But if you should say that this is a prohibition that after its violation is transformed into a positive commandment [לאו הניתק לעשה](unless there is no possibility of fulfilling this positive commandment), as it is written (Leviticus 27:33): “[If he does make substitution for it,’ then it and its substitute shall both be holy,” but we don’t flog a person or a prohibition that after its violation is transformed into a positive commandment. One can say, that it is different here, as the negative commandment includes more than the positive commandment within it, for everyone who says the word/speaks is whipped, but not every person who says the word does a substitution, for partners and the community do not do substitutions, for since the positive commandment is not equivalent to the negative commandment, it is not called a prohibition that after its violation is transformed into a positive commandment.

הכהנים ממרימין את שלן – sacrifices that the Kohen set aside to offer for himself, but if he Kohen substituted for it, it causes the seizure of the substitute/exchange of the animal [to be holy].

לא בחטאת ולא באשם – that the Israelite gave him that he sacrifice/offer for him, but if the Kohen substituted another, he doesn’t do that substitution on his own, for he has no portion in it, but rather from the time of the offering of those sacrifices on the altar and onwards, he (i.e., the Kohen) is worthy of the flesh [of the animal], but a person does not cause the seizure of something which is not his (Tractate Temurah 9a).

ולא בבכור – that an Israelite gave him.

וכי מפני מה אין הכהנין ממירים בבכור – for doesn’t all of it belong to the Kohen and while it is alive, we give it to him, and the Israelite cannot gain atonement through it.

מה חטאת ואשם אין ממירין – because it is clearly obvious to us that he Kohanim do not take possession of them other than from offering up of the portions of the sacrifices offered on the altar and beyond.

מה לי אינו ממיר בחטאת ואשם – that is to say, it is the law that the Kohanim do not make a substitution with the sin-offering and the guilt-offering, etc.

והיה הוא ותמורתו – there is an analogy between substitution to something consecrated itself.

היכן קדושה חלה – on that which is dedicated to the Temple, in the house of the owners.

אף תמורה – does not take effect other than in the house of the owners, but in the home of the Kohen it does not take effect completely, therefore, a Kohen cannot substitute for a firstling. But an Israelites, if he made a substitution for it, it is seized in holiness, for it was in domain that sanctification occurs with the firstling. And the Halakha is according to Rabbi Akiva.

ממירין מן הבקר על הצאן וכו'- as it is written (Leviticus 27:10): “if one does substitute one animal one for another, [the thing vowed and its substitute shall both be holy],” but sheep and male and female cattle are all called בהמה/animals.

טוב ברע – [that which is] good of unconsecrated [animals], shall not be substituted for [that which is] bad of holy/sanctified [animals], [as it is written (Leviticus 27:10)]: “if one does substitute [one animal for another],”so we see that those animals with a blemish (i.e., unfit for the altar) can serve as substitutes. And on anything with a blemish can effectuate substitution, as it is written (Leviticus 27:10): “either good for bad or bad for good,” that implies that an unconsecrated animal with a blemish with a pure sanctified animal.

ואיזהו טוב ברע – that is to say, what is something bad that is consecrated that effectuates substitution? All that its sanctification preceded its blemish. But if the blemish preceded its sanctification, that sanctification does not take effect upon it, substitution is not made, for it could have been written [in the Torah "לא ימיר טוב ברע" /he will not exchange good for bad or "רע [בו]"/that has something bad in it, and it would imply [או רע] /[or something bad], he should not exchange not with something good and not with something bad, the final, טוב/good that the All-Merciful wrote (Leviticus 27:10), why do I need it? To tell you that it should be good from its outset, that at the time that it is sanctified, it was pure and again a blemish befell it, one can do a substitution; if it was bad from the outset, that a blemish befell it prior to its being sanctified, one doesn’t do a substitution.

מרימין אחד – of an unconsecrated animal with two sanctified [animals], as for example, that he said, “this one is in place of those.”

ושנים – [and two] unconsecrated [animals for one that is sanctified, as for example, these will be in place of this one.

מה הוא מיוחד – as it is written (Leviticus 27:10]: “the thing [vowed and its substitute shall both be holy].”