הלכה על שמות 22:29

That is that we were commanded that any animal sacrifice that we offer be eight days old or more - and not less. And this is [the commandment of] that which is lacking time in its body. And that is His saying, "it shall stay seven days with its mother" (Leviticus 22:27). And this commandment has already been repeated with a different language. And that is His, may He be exalted, saying, "seven days it shall stay with its mother" (Exodus 22:29). And this commandment completely includes all of the sacrifices. And there is a proof that it is not accepted before then from His saying, "and from the eighth day, it will be accepted as a burnt-sacrifice to the Lord" (Leviticus 22:27). Behold the prohibition of offering that which is lacking time has already been demonstrated. However it is a negative commandment derived from a positive commandment. Hence we do not give lashes for it. So one who sacrifices [an animal] which is lacking time does not receive lashes, as it is explained in the chapter [entitled] Oto ve'et Beno (Chullin 80b). And there, it is said, "Leave that which is lacking time, as Scripture rectified it by a positive commandment." And the regulations of this commandment have already been explained in the Sifrei and at the end of Tractate Zevachim. (See Parashat Emor; Mishneh Torah, Things Forbidden on the Altar 3).

He prohibited having some laws of [produce] precede others, but they should rather be executed in their order. And the explanation by way of illustration is with wheat: When it is winnowed, it is tevel. First the priestly tithe is separated from it - and that is one part in fifty. And afterwards, one should separate the first tithe from the remainder. And afterwards, he should separate the second tithe from the remainder [of that]. And he should give the great priestly tithe to the priest, the first tithe to the Levite; and the owners should eat the second tithe in Jerusalem. And it is appropriate that he do it according to this order. And the prohibition about bringing forward what is appropriate to delay or to delay what is appropriate to bring forward is from His saying, "You shall not delay the first of your ripe fruits and of your liquor" (Exodus 22:29) - as if He said, "Do not delay that which is appropriate to bring forward from your ripe fruits and liquor." And in the Mishnah of Terumah (Terumot 3:6): "He who brings forward the priestly tithe before firstfruits, or the first tithe before the priestly tithe, or the second tithe before the first tithe: Even though he transgresses a negative commandment - as it is stated, 'You shall not delay the first of your ripe fruits and of your liquor' - what is done is done." And in the Mekhilta (Mekhilta d'Rabbi Yishmael 22:28:1) "'Your ripe fruits' - these are the firstfruits, which are taken from the ripe fruits. 'And of your liquor' - that is the priestly tithe. 'Do not delay' - you shall not bring forward the second tithe before the first-tithe, the first [tithe] before the priestly tithe, or the priestly tithe before the firstfruits, [etc. From here they said, 'If one brings forward the priestly tithe before the firstfruits or the first tithe before the priestly tithe] or the second tithe before the first [tithe] - even though he transgresses a negative commandment, what is done is done.'" And it has already been explained in the first chapter of Temurah (Temurah 4a) that one who brings [a category] forward is not lashed. (See Parashat Mishpatim; Mishneh Torah, Heave Offerings 3.)