Комментарий о цитате к Вайикра 27:10

Jeder kann [Opfertiere] austauschen. Das Austauschen eines Opfertieres, indem man sagt, dass ein anderes Tier, das man dazu bestimmt, an die Stelle des Opfertieres treten, die Bestimmung, für die das Opfertier bestimmt war, auf dasselbe übergeben und das Opfertier dafür seine Heiligkeit verlieren soll, ist nach Lev. 27, 10 verboten ; es hat nur die Folge, dass auch auf das andere Tier, das man als Austausch für das Opfertier bestimmt hat, die Heiligkeit des Opfertieres sich überträgt.

All persons can substitute, both men and women. Not that one is permitted to substitute, but that if one did so, the substitute is sacred, and he receives forty lashes. The owner of a sacrifice has the ability to substitute one animal for another. The mishnah immediately notes that what this means is that when one tries to make such a substitution the substituted animal becomes holy. It is not permitted to try to make such a substitution, and one who does try to do so is punished, for transgressing the negative commandment of “do not make a substitute” (Leviticus 27:10).

Priests do not have the power to substitute a hatat, an asham or a first-born: Rabbi Yohanan ben Nuri: what is the reason [priests] do not have the power to substitute a first-born? Rabbi Akiva said: a hatat and an asham are priestly gifts and a first-born is also a priestly gift. Just as in the case of a hatat and an asham [priests] have no power to substitute them, so in the case of a first-born [priests] have no power to substitute it. Rabbi Yohanan ben Nuri said to him: So what that priests should have no power to substitute a hatat and an asham, for there they have do not have a claim on these [offerings] while they are alive. How can you say that the same applies to a first-born upon which [the priests] do have a claim when it is alive? Rabbi Akiva replied to him: Has not Scripture already said: “Then it and its substitute shall be holy?” (Leviticus 27:10). Now where does the holiness [of the original animal] occur? In the house of the owners; so too the substitution occurs in the house of the owners. When it comes to an asham (guilt offering) or a hatat (sin offering) brought to a priest by an Israelite all agree that priests cannot affect substitutes for them. Even though the priest does get to eat the meat of the asham and hatat, they are still not his when they are alive, and therefore he cannot substitute for them. The argument is over the first-born. Rabbi Akiva says that the first-born is like the asham and the hatat and the priest cannot substitute for them. Rabbi Yohanan ben Nuri responds that there is a difference. The priest receives the meat of the asham and hatat only once the animals have been sacrificed. He has no share in them when they are alive, and therefore he cannot substitute for them, because substitution must be done with a live animal. But when it comes to a first-born, the animal is given to the priests when it is alive, and therefore, if a priest substitutes for it, the substitution is effective. Rabbi Akiva responds with a midrash. The Torah compares the sanctity of the substitute with the sanctity of the original animal. Since the sanctity of the original animal has to occur with the original owners, so too the sanctity of the substitute must occur with the original owners.