כ׳ באב ה׳תשע״ט (August 21, 2019)

Temura 33a-b: Things to be Buried, Things to be Burned

As a segue from the law that appeared on yesterday’s daf requiring that consecrated animals that die must be buried, the final Mishna of Massekhet Temura lists those things that Jewish law requires to be buried, and those things that must be burned.

The following must be buried:

If a sacrificial animal miscarried, the fetus is to be buried;
If the animal miscarried a placenta, the placenta shall be buried;
An ox which was condemned to be stoned (Shemot 21:28);
The heifer whose neck was broken ( 21:4-8);
Birds brought in connection with the purification of a leper;
The hair of a nazirite who became ritually impure (Bamidbar 6:5);
The firstborn of a donkey (Shemot 13:13);
A mixture of meat cooked in milk (Shemot 23:19; 34:26; 14:21);
And non-sacred animals that were slaughtered in the Temple courtyard.

The following are to be burned:
Ḥametz on Passover;
Teruma that became ritually defiled;
Orla – Fruit that grew in the first three years after planting (Vayikra 19:23);
Mixed seeds in the vineyard ( 22:9).

Similarly, all consecrated animals which were slaughtered with the intention of being eaten beyond the allotted time (piggul) or beyond the allotted place (see Massekhet Zevaḥim daf 29) are to be burned.

The Mishna on today’s daf concludes with the caveat that we may burn the bread and oil of ritually defiled teruma. This law is unique because the teruma, which is given to the kohen as a gift, can be used by the priest so he can derive benefit from it even after it becomes defiled. Therefore, even if he cannot eat it in its defiled state, he can still use it for fuel. This stands in contrast with the other cases of things that must be burned and no benefit can be derived from them whatsoever.