Mishnah Temurah 6:5-7:1

Sugya Map

• Issue: The halachic status of offspring (waladot) from animals otherwise prohibited from being offered on the Mizbe'ach (altar).
• Nafka Mina(s): Whether these waladot may be sacrificed or consumed, and the underlying halachic rationale for their permissibility or prohibition.
• Primary Sources: Mishnah Temurah 6:5.

Text Snapshot

"כל האסורין על גבי המזבח ולדותיהן מותרין. רבי אליעזר אומר: ולד טרפה לא יקרב על גבי המזבח. וחכמים אומרים: יקרב."^1 (Mishnah Temurah 6:5)

• Dikduk/Leshon Nuance: The phrase "כל האסורין" (all the prohibited ones) establishes a sweeping principle. "ולדותיהן מותרין" (their offspring are permitted) uses the plural possessive, applying broadly. R' Eliezer's "לא יקרב" (it shall not be offered) specifically uses a future tense verb of proximity/offering, implying a prohibition for the Mizbe'ach, though its scope is debated by Acharonim.

Readings

Rambam, Peirush HaMishnayot^2

Rambam explains that the general rule of "ולדותיהן מותרין" applies even if the mother was consecrated (mukdeshet) after being disqualified (e.g., nirba'ah). However, for R' Eliezer's stringency on walad treifa, Rambam notes that if the mother became treifa while already pregnant, the walad is assur for the Mizbe'ach (as ubbar yerech imo – the fetus is considered part of its mother). Rambam ultimately poskens that the halacha is not like R' Eliezer.

Tosafot Yom Tov (citing Tosafot)^3

Tosafot Yom Tov clarifies that for R' Eliezer, the walad treifa is assur even for hedyot (non-sacred use), contra Rashi's initial understanding. The machloket for the Mizbe'ach is to highlight the koach of the Rabbanan who permit it even for the altar. He distinguishes treifa (a defect in vitality not necessarily inherited by a healthy fetus) from nirba'ah (where the act directly impacts the fetus, making ubbar yerech imo applicable).

Friction

The Kushya: Why the specific machloket on walad treifa?

If the Mishnah opens with a general rule that "all asurim... their waladot are mutar," why does it immediately introduce a specific machloket regarding walad treifa, seeming to contradict or at least qualify the general statement? What makes treifa unique among the asurim?

The Terutz: Distinguishing the nature of pesul

The Tosafot Yom Tov (citing Tosafot) offers insight: the general rule applies to asurim where the walad itself was not intrinsically involved in the disqualifying act (e.g., a nirba'ah mother conceiving after the act). However, for treifa, the machloket arises from whether the walad itself is considered treifa due to its mother's condition. The Rabbanan contend that since treifut relates to the chiyut (vitality) of the animal, a walad that is born alive and healthy does not inherit the mother's treifut. This differs from a case like nirba'ah where the fetus, if present during the act, is considered directly defiled (as ubbar yerech imo). The Mishnah thus details a nuanced application of the general principle.

Intertext

The discussion around walad treifa and the stringency of R' Chanina ben Antigonus concerning a kashera that suckled from a treifa resonates with the sugya of gevinot goyim (Mishnah Avodah Zarah 2:5). There, R' Yehoshua deflects R' Yishmael's questions about the prohibition, implying a gezeirah without a purely technical halachic basis, driven by a broader concern for kedushah or separation.^4 This parallels the idea that some stringencies (like R' Eliezer's or R' Chanina's) stem from a desire for heightened purity in kodashim, even if the direct halachic cause is debated.

Psak/Practice

The Rambam explicitly rules, "אין הלכה כר"א וכרבי חנינא בן אנטיגנוס."^5 This means that for halacha l'ma'aseh, the walad of a treifa is permitted for the Mizbe'ach, and a kashera that suckled from a treifa is also permitted once the milk has been digested. This reflects a prevalent meta-psak heuristic: disqualifications are generally not extended beyond their explicit scope, especially to healthy offspring, unless the offspring was directly implicated in the disqualifying act or condition.

Takeaway

The Mishnah provides a foundational principle of waladot permissibility, underscoring that pesulim are not automatically inherited. The debate on walad treifa highlights the nuanced application of this rule, distinguishing intrinsic physical defects from external legal or ritual disqualifications.

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^1 Mishnah Temurah 6:5 ^2 Rambam, Peirush HaMishnayot Temurah 6:5:1 ^3 Tosafot Yom Tov, Temurah 6:5:3 s.v. "ולד טרפה" ^4 Mishnat Eretz Yisrael, Temurah 6:5:5-21; Mishnah Avodah Zarah 2:5 ^5 Rambam, Peirush HaMishnayot Temurah 6:5:1