352. Two Tens for a Five: The obligation to treat both the new and original animal as consecrated

We said in the previous mitzvah that one is not permitted to exchange a sanctified animal with another animal. Let’s say that someone tries to do so. Aside from being in violation of Mitzvah #351, the person would be penalized by this mitzvah, which requires that both animals now be treated as sanctified. This makes Mitzvah #351 a lav she’nitak l’asei, a negative injunction, the violation of which causes a positive obligation to kick in. However, this positive command does not completely absolve the person for his violation of the negative command, as discussed in the Talmud in tractate Temurah (4b).

The reason, as we have said, is that trying to de-sanctify a consecrated animal shows a disregard for the holiness of the Temple. This mitzvah provides a disincentive against trying to violate Mitzvah #351 – not only does he not redeem the first animal, his attempt ends up costing him the second animal as well.

If one tries to exchange animal A repeatedly, animal B, animal C, animal D, etc. etc. etc. all become sanctified. However, if one tries to exchange animal B, it does not sanctify the next animal. Only the original animal sanctifies its attempted exchanges; animals sanctified through an attempted exchange cannot cause other animals to become consecrated.

As we have discussed, the laws of consecration apply at all times and in all places but we are advised to stay far away from consecrating anything in this day and age. This mitzvah is discussed in the first chapter of the Talmudic tractate of Temurah (4b, 5b, et al.). It is codified in the Mishneh Torah in the first chapter of Hilchos Temurah and is #87 of the 248 positive mitzvos in the Rambam’s Sefer HaMitzvos.