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Nedarim 69


(a) The Torah states, "Do not try to transfer or exchange it (an animal that has been designated as a Korban) [for another animal], neither a good animal for a bad one nor a bad one for a good one. If you do exchange an animal [of Kodesh] for another animal [that is not], both the original animal and the one given in exchange for it, will be Kodesh." (Vayikra 27:10). The Chinuch explains that the reason for the prohibition of Temurah is to teach us the proper reverence that we must have for objects of Kedushah (SEFER HA'CHINUCH 351, 352).
(b) The second animal, or the Temurah, is a valid Korban, and if it has no Mum (blemish that invalidates it), it must also be offered on the Mizbe'ach (unless the original Korban was a Chatas or an Asham).
(c) A person who intentionally makes a Temurah receives Malkos (lashes). Sometimes, even if a person makes a Temurah b'Shogeg (unintentionally), he receives Malkos (see Chart to Temurah 17a).

(a) Any two actions that cannot be done successively, cannot be done simultaneously either. That is, any transaction or operation that cannot be done after a given transaction or operation has already been done, also cannot be done at the same time as the first operation (i.e. the two operations cannot take effect at once).
(b) Not only can these two things not take effect at one time, but even if one wanted only *one* of them to take effect (and not both of them) but he did not specify *which one* should take effect, in such a case neither one takes effect at all, because of the principle that anything that cannot be done successively, cannot be done simultaneously either. For example, when a father (or husband) of a Na'arah states about her Neder that it should be both *endorsed* and *annulled* at one and the same time, neither status results. (Another example is that when a person makes an Eruv Techumin (see Background to Kesuvos 64:26), he cannot be Koneh Shevisah in more than one set of four Amos. If one attempts to make his Makom Shevisah underneath a tree which covers an area of eight Amos, but he does not specify in which four Amos of the eight his Shevisah will be, he does not acquire Shevisah *anywhere*. Since one cannot make an additional Makom Shevisah of four Amos if one already made a Makom Shevisah, he also cannot make his Makom Shevisah underneath the tree in "four [unspecified Amos] out of eight Amos." In such a case, even one set of four Amos does not become his Makom Shevisah.)
(c) The logic behind this principle ((b) above) is that since the person did not specify which of the two things should take effect, but he said vaguely that *one of the two* should take effect, it must be that his intention is that *each* one of the two take effect, at least in part. Since it is not possible for them to take effect at once, neither one of them takes effect at all. For this reason, in cases such as the separation of Ma'aser, even though the Ma'aser can only take effect on 10% of the grain, nevertheless since it can take effect on part of each and every particle, or half-particle, of grain and it is not necessary for the 10% to take effect all in one area, the 10% of Ma'aser *can* take effect even though the person did not specify upon which part of the product it should take effect.

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