The commandment of a sacrifice that it be from eight days and above: That every sacrifice that we sacrifice of the beast be from eight days [old] and above, not less than that; and this is the commandment of the lacking in time of its body. And the verse that warns us about this is that which is written (Leviticus 22:27), “An ox or a sheep or a goat when it is born shall be with its mother seven days; and from the eighth day and onward, it shall be accepted.” And the words of the Torah are [in short]; and the verse teaches that before then, the sacrifice is not accepted. And this — and that which is like this — they, may their memory be blessed, called “a negative commandment inferred from a positive commandment is a positive commandment.” And therefore we do not administer lashes for it. And [it is] like they, may their memory be blessed, elucidated in Chullin 80b in the chapter [entitled] Oto ve’et Beno — as there they said regarding the matter of lashes, “Leave lacking time alone, as Scripture has [connected] it to a positive commandment.”
That which we [wrote] previously regarding sacrifices from the angle of the simple understanding is from the roots of the commandment — that a man is aroused by the strength of his action to improve his deed[s]. And therefore he was commanded that the action through which he is to improve his deed[s] be [as] perfect as he is able. And it is from the perfection of the sacrifice that it be from eight days [old] and onward. As before then, it is not fitting for anything — and no man would desire it for eating or for commerce or for a gift.
From the laws of the commandment is that which they, may their memory be blessed, said (Chullin 22a), that doves that have not reached their time are forbidden for a sacrifice like a beast that has not reached its time. And so [too,] young pigeons that are very big are forbidden. And the reason with them is that largeness is considered like a blemish with them. And they, may their memory be blessed, said (Chullin 22a) in the Mishnah more generally about doves and young pigeons that “the beginning of yellowness in this and in that disqualifies” — as it is [a sign of] largeness in pigeons and smallness in doves. And they, may their memory be blessed, expounded (Chullin 38b) about this verse, “‘When it is born,’ to exclude a cesarean section; ‘with its mother,’ to exclude an orphan” — meaning to say that it was born after its mother was slaughtered. And it is from that which appears that in all of [these], it is possible to say that perfection with them is not like with those born in the [normal] way of the world. And I have already written (Sefer HaChinukh 286) that the obligation is for the sacrifice to be in absolute perfection from every angle. And the rest of its details are elucidated in Sifra and the end of Tractate Zevachim. (See Mishneh Torah, Laws of Things Forbidden on the Altar 3.)
And [it] is practiced at the time of the [Temple] by the males of the priesthood — as the commandment of the sacrifice is upon them, and they will be sacrificed though them, and [so] it appears that they are warned (commanded) about the matter. But regardless, I saw with Rambam, may his memory be blessed, that he wrote (Mishneh Torah, Laws of Things Forbidden on the Altar 3:10) — and this is his language — “And so [too,] one who consecrates [an animal] lacking in time, behold he is like one who consecrates one with a transient blemish, but he is not lashed, as we have elucidated.” To here [are his words]. It appears from his words that he reasons that the liability of this commandment is also upon an Israelite who consecrates it. And since this is so, we should say according to his opinion that the liability of this commandment is whether with priests or whether with Israelites, and with males and females. And one who transgresses this and sacrifices [an animal] lacking in time — or consecrates it according to the opinion of Rambam, may his memory be blessed — has violated a positive commandment. But he is not lashed, since it is a negative commandment inferred from a positive commandment, as we wrote.
מִצְוַת הַקָּרְבָּן שֶׁיִּהְיֶה מִשְּׁמֹנָה יָמִים וּלְמַעְלָה – שֶׁיִּהְיֶה כָּל קָרְבָּן שֶׁנַּקְרִיב מִן הַבְּהֵמָה מִבֶּן שְׁמֹנַת יָמִים וָמָעְלָה, לֹא פָּחוֹת מִזֶּה, וְזֹאת הִיא מִצְוַת מְחֻסַּר זְמַן בְּגוּפוֹ, וְהַמִּקְרָא הַמַּזְהִירֵנוּ בְּזֶה הוּא שֶׁכָּתוּב (ויקרא כב כז) שׁוֹר אוֹ כֶשֶׂב אוֹ עֵז כִּי יִוָּלֵד וְהָיָה שִׁבְעַת יָמִים תַּחַת אִמּוֹ וּמִיּוֹם הַשְּׁמִינִי וָהָלְאָה יֵרָצֶה. וְדִבְרֵי הַתּוֹרָה נוֹטָרִיקוֹן הֵם, וּמוֹרֶה הַכָּתוּב, שֶׁקֹּדֶם לָכֵן לֹא יֵרָצֶה הַקָּרְבָּן, וְזֶה וְכַיּוֹצֵא בוֹ יִקְרְאוּ זִכְרוֹנָם לִבְרָכָה לָאו הַבָּא מִכְּלַל עֲשֵׂה עֲשֵׂה. וּלְפִיכָךְ אֵין לוֹקִין עָלָיו, וּכְמוֹ שֶׁבֵּאֲרוּ זִכְרוֹנָם לִבְרָכָה בְּחֻלִּין פֶּרֶק אוֹתוֹ וְאֶת בְּנוֹ שֶׁאָמְרוּ שָׁם (פ, ב) לְעִנְיַן מַלְקוּת הַנַּח לַמְחֻסַּר זְמַן שֶׁהַכָּתוּב נִתְּקוֹ לַעֲשֵׂה.
The commandment of a sacrifice that it be from eight days and above: That every sacrifice that we sacrifice of the beast be from eight days [old] and above, not less than that; and this is the commandment of the lacking in time of its body. And the verse that warns us about this is that which is written (Leviticus 22:27), “An ox or a sheep or a goat when it is born shall be with its mother seven days; and from the eighth day and onward, it shall be accepted.” And the words of the Torah are [in short]; and the verse teaches that before then, the sacrifice is not accepted. And this — and that which is like this — they, may their memory be blessed, called “a negative commandment inferred from a positive commandment is a positive commandment.” And therefore we do not administer lashes for it. And [it is] like they, may their memory be blessed, elucidated in Chullin 80b in the chapter [entitled] Oto ve’et Beno — as there they said regarding the matter of lashes, “Leave lacking time alone, as Scripture has [connected] it to a positive commandment.”
מִשָּׁרְשֵׁי הַמִּצְוָה. מָה שֶׁהִקְדַּמְנוּ בְּעִנְיַן הַקָּרְבָּן עַל צַד הַפְּשָׁט, כִּי בְּכֹחַ הַפְּעֻלָּה, יִתְעוֹרֵר הָאָדָם לְהַכְשִׁיר מַעֲשֵׂהוּ, וְלָכֵן נִצְטַוָּה לִהְיוֹת פְּעֻלַּת הַדְּבָרִים שֶׁבָּהֶן הֶכְשֵׁר הַמַּעֲשֶׂה שְׁלֵמָה בְּכָל כֹּחוֹ. וּמִשְּׁלֵמוּת הַקָּרְבָּן, שֶׁיִּהְיֶה מִבֶּן שְׁמֹנַת יָמִים וָהָלְאָה כִּי קֹדֶם לָכֵן, אֵינֶנּוּ רָאוּי לְכָל דָּבָר וְלֹא יַחְמֹד אִישׁ אוֹתוֹ לְאָכְלָהּ לִסְחוֹרָה וְלִתְשׁוּרָה.
That which we [wrote] previously regarding sacrifices from the angle of the simple understanding is from the roots of the commandment — that a man is aroused by the strength of his action to improve his deed[s]. And therefore he was commanded that the action through which he is to improve his deed[s] be [as] perfect as he is able. And it is from the perfection of the sacrifice that it be from eight days [old] and onward. As before then, it is not fitting for anything — and no man would desire it for eating or for commerce or for a gift.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (שם כב א), שֶׁתּוֹרִים שֶׁלֹּא הִגִּיעַ זְמַנָּן שֶׁהֵן אֲסוּרִין לְקָרְבָּן כְּמוֹ בְּהֵמָה שֶׁלֹּא הִגִּיעַ זְמַנָּהּ, וְכֵן בְּנֵי יוֹנָה גְּדוֹלִים הַרְבֵּה אֲסוּרִים. וְהַטַּעַם בָּהֶם, שֶׁהַגַּדְלוּת בָּהֶן נֶחְשָׁב כְּמוּם, וְדֶרֶךְ כְּלָל אָמְרוּ חֲכָמֵינוּ זִכְרוֹנָם לִבְרָכָה בַּמִּשְׁנָה (שם), בְּתוֹרִים וּבְנֵי יוֹנָה, שֶׁתְּחִלַּת הַצִּהוּב שֶׁבָּזֶה וְשֶׁבָּזֶה, פָּסוּל, לְפִי שֶׁהוּא גַּדְלוּת בְּיוֹנִים וְקַטְנוּת לְתוֹרִים. וְדָרְשׁוּ זִכְרוֹנָם לִבְרָכָה בָּזֶה הַמִּקְרָא (שם לח, ב) כִּי יִוָּלֵד פְּרָט לְיוֹצֵא דֹּפֶן, שֶׁפָּסוּל לְקָרְבָּן, תַּחַת אִמּוֹ פְּרָט לְיָתוֹם, כְּלוֹמַר שֶׁנּוֹלַד אַחַר שֶׁנִּשְׁחֲטָה אִמּוֹ. וּמִן הַדּוֹמֶה, שֶׁבְּכָל זֶה אֶפְשָׁר לוֹמַר, שֶׁאֵין הַשְּׁלֵמוּת בָּהֶן כְּמוֹ בַּנּוֹלָדִים כְּדַרְכּוֹ שֶׁל עוֹלָם, וּכְבָר כָּתַבְתִּי (מצוה רפו) כִּי הַחִיּוּב לִהְיוֹת הַקָּרְבָּן בְּתַכְלִית הַשְּׁלֵמוּת מִכָּל צַד. וְיֶתֶר פְּרָטֶיהָ מִתְבָּאֲרִים בַּסִּפְרָא וְסוֹף מַסֶּכֶת זְבָחִים [פ"ג מ"ה איה"מ].
From the laws of the commandment is that which they, may their memory be blessed, said (Chullin 22a), that doves that have not reached their time are forbidden for a sacrifice like a beast that has not reached its time. And so [too,] young pigeons that are very big are forbidden. And the reason with them is that largeness is considered like a blemish with them. And they, may their memory be blessed, said (Chullin 22a) in the Mishnah more generally about doves and young pigeons that “the beginning of yellowness in this and in that disqualifies” — as it is [a sign of] largeness in pigeons and smallness in doves. And they, may their memory be blessed, expounded (Chullin 38b) about this verse, “‘When it is born,’ to exclude a cesarean section; ‘with its mother,’ to exclude an orphan” — meaning to say that it was born after its mother was slaughtered. And it is from that which appears that in all of [these], it is possible to say that perfection with them is not like with those born in the [normal] way of the world. And I have already written (Sefer HaChinukh 286) that the obligation is for the sacrifice to be in absolute perfection from every angle. And the rest of its details are elucidated in Sifra and the end of Tractate Zevachim. (See Mishneh Torah, Laws of Things Forbidden on the Altar 3.)
וְנוֹהֶגֶת בִּזְמַן הַבַּיִת בְּזִכְרֵי כְּהֻנָּה, כִּי לָהֶם מִצְוַת הַקָּרְבָּן וְעַל יָדָם יִתְקָרְבוּ, וְהֵם הֻזְהֲרוּ מִן הַדּוֹמֶה בָּעִנְיָן, אֲבָל מִכָּל מָקוֹם, רָאִיתִי לָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה שֶׁכָּתַב, וְזֶה לְשׁוֹנוֹ, וְכֵן הַמַּקְדִּישׁ מְחֻסַּר זְמַן הֲרֵי זֶה כְּמַקְדִּישׁ בַּעַל מוּם עוֹבֵר, וְאֵינוֹ לוֹקֶה, כְּמוֹ שֶׁבֵּאַרְנוּ, עַד כָּאן. נִרְאֶה מִדְּבָרָיו שֶׁהוּא סוֹבֵר, שֶׁחִיּוּב מִצְוָה זוֹ אַף עַל הַיִּשְׂרָאֵל הַמַּקְדִּישׁ אוֹתוֹ, וְכֵיוָן שֶׁכֵּן, יֵשׁ לָנוּ לוֹמַר לְדַעְתּוֹ שֶׁחִיּוּב מִצְוָה זוֹ בֵּין בְּכֹהֲנִים בֵּין בְּיִשְׂרְאֵלִים וּבִזְכָרִים וּנְקֵבוֹת. וְהָעוֹבֵר עַל זֶה וְהִקְרִיב מְחֻסַּר זְמַן אוֹ הִקְדִּישׁוֹ לְדַעַת הָרַמְבַּ"ם זִכְרוֹנוֹ לִבְרָכָה בִּטֵּל עֲשֵׂה, אֲבָל אֵינוֹ לוֹקֶה, לְפִי שֶׁהוּא לָאו הַבָּא מִכְּלַל עֲשֵׂה, כְּמוֹ שֶׁכָּתַבְנוּ.
And [it] is practiced at the time of the [Temple] by the males of the priesthood — as the commandment of the sacrifice is upon them, and they will be sacrificed though them, and [so] it appears that they are warned (commanded) about the matter. But regardless, I saw with Rambam, may his memory be blessed, that he wrote (Mishneh Torah, Laws of Things Forbidden on the Altar 3:10) — and this is his language — “And so [too,] one who consecrates [an animal] lacking in time, behold he is like one who consecrates one with a transient blemish, but he is not lashed, as we have elucidated.” To here [are his words]. It appears from his words that he reasons that the liability of this commandment is also upon an Israelite who consecrates it. And since this is so, we should say according to his opinion that the liability of this commandment is whether with priests or whether with Israelites, and with males and females. And one who transgresses this and sacrifices [an animal] lacking in time — or consecrates it according to the opinion of Rambam, may his memory be blessed — has violated a positive commandment. But he is not lashed, since it is a negative commandment inferred from a positive commandment, as we wrote.