How can we act deceptively with regard to the first-born?He says in respect of a pregnant animal which was giving birth for the first time: if what is in the inside of this [animal] is a male, let it be an olah. If it then gave birth to a male, it is offered as an olah. [If he said:] if it is a female, let it be a shelamim, then if it gave birth to a female, it is offered as a shelamim. [If he said:] if it is a male, let it be an olah, and if a female [let it be] a shelamim, then if it gave birth to a male and a female, the male is offered as an olah and the female is offered as a shelamim. If it gave birth to two males, one of them shall be offered as an olah and the second shall be sold to persons obligated to bring an olah and its money becomes hullin. If it gave birth to two females, one of them is offered as a shelamim and the second is sold to persons obligated to bring shelamim and the money becomes hullin. If [the animal] gave birth to a tumtum or a hermaphrodite, Rabban Shimon ben Gamaliel says: no holiness attaches to them. If one says: “The offspring of this [pregnant animal] shall be an olah and it [the animal itself] shall be a shelamim,” his words stand. But if he says [first]: “It [the animal] shall be a shelamim” [and then], “and its offspring shall be an olah,” [its offspring] is regarded as the offspring of an shelamim, the words of Rabbi Meir. Rabbi Yose says: if he intended [to say] this at first, since it is impossible to mention both kinds [of sacrifices] simultaneously, his words stand; but if after he already said [intentionally]: this shall be a shelamim, and then he changed his mind and says: its offspring shall be an olah, [its offspring] is regarded as the offspring of a shelamim. [If one says:] “Behold, this animal shall be the substitute of an olah and the substitute of a shelamim,” it is the substitute of an olah, the words of Rabbi Meir. Rabbi Yose says: if he originally intended this, since it is impossible to mention both names [of sacrifices] simultaneously, his words stand. But if after he had already said: “This shall be the substitute of an olah,” he changed his mind and then said: “The substitute of a shelamim,” it is the substitute of an olah. [If one says:] “Behold this [animal] is tahat [instead of] this,” [or] “Behold this is temurat [a substitute] this,” [or] “Behold this is halufat [in place of] this,” [each of these] is a substitute. [If however one says:] “This shall be redeemed for this,” it is not the case of a [valid] substitute. And if the dedicated animal was blemished, it becomes hullin and he is required to make up [the hullin] to the value [of the dedicated animal]. [If one says:] “Behold this animal shall be instead of a hatat,” [or] “instead of an olah,” he has said nothing. [But if he says:] “Instead of this hatat” [or] “Instead of this olah,” [or] “Instead of the hatat or the olah which I have in the house,” and he had it in the house, his words stand. If he says concerning an unclean animal or a blemished animal: “Behold these shall be an olah,” he has said nothing. [But if he says:] “Behold they shall be for an olah,” they are sold and he brings with their money an olah.
Mishnah Temurah 5
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