כ״ה באדר ה׳תשע״ב (March 19, 2012)

Temurah 33a-b – Things to be buried and things to be burned

As a segue from the law that appeared on yesterday’s daf (=page) requiring that consecrated animals that die must be buried, the final Mishnah of Massekhet Temurah lists those things that Jewish law requires to be buried, and those things that must be burned.
The following must be buried:
If a consecrated animal miscarried, it is to be buried;
If a consecrated animal produced an afterbirth, it is to be buried;
An ox which was condemned to be stoned (Shemot 21:28);
The heifer whose neck was broken (Devarim 21:4-8);
Birds brought in connection with the purification of a leper;
The hair of a Nazirite (Bamidbar 6:5);
The firstbirth of a donkey (Shemot 13:13);
A mixture of meat and milk (Shemot 23:1934:26; Devarim 14:21);
An unsanctified animal that was killed in the Temple court.
The following are to be burned:
Hametz – leavened bread – on Passover;
Terumah – priestly gifts – that became ritually defiled;
Orlah – Fruit that grew in the first three years after planting (Vayikra 19:23);
Mixed seeds in the vineyard (Devarim 22:9).
Similarly, all consecrated animals which were slaughtered with the intention of being eaten beyond the allotted time (pigul) or beyond the allotted place (see Massekhet Zevahim daf 29) are to be burned.

The Mishnah on today’s daf concludes with the caveat that we may burn the bread and oil of ritually defiled terumah. This law is unique because the terumah, 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.