Avodah Zarah, Daf Samekh Bet, Part 6
Introduction
The Talmud continues to analyze the baraita about the animal used as a prostitute s wages.
נתן לה ואחר כך בא עליה לכי בא עליה ליחול עלה איסור אתנן למפרע!
אמר רבי אליעזר כשקדמה והקריבתו
But if he gave it to her and subsequently had intercourse with her, since he did have intercourse with her, the prohibition of a prostitute s hire should apply retroactively to [the animal]!
R. Elazar replied: [It is permitted] when she first offered it.
If he gives her the animal and then has sex with her, this is payment for the sex. Why should the animal not be considered her wages and therefore prohibited?
R. Elazar answers that first the man gives her the animal, then she offers it as a sacrifice and then he has sex with her. At the time when she offered it, it was permitted.
ה"ד אי דאמר לה קני ליך מעכשיו פשיטא דשרי דהא ליתיה בשעת ביאה ומתנה בעלמא הוא דיהיב לה
What is the exact case? If he said to her, Acquire it immediately then obviously it is permitted because it is no longer there at the time of intercourse and he merely gave her a gift;
The Talmud now analyzes the case described above. If he told the prostitute that the animal belongs to her immediately, even before having sex with her, then the animal was a gift and of course she can sacrifice it.
ואי דלא אמר לה קני ליך מעכשיו היכי מצי מקרבה (ויקרא כז, יד) ואיש כי יקדיש את ביתו קדש אמר רחמנא מה ביתו ברשותו אף כל ברשותו
But if he did not say to her, Acquire it immediately how could she offer it, And when a person shall sanctify his house to be holy (Leviticus 27:14) says God, just as the house [which he sanctifies] must be in his possession, so too must everything [which is dedicated to the Sanctuary] be in the person’s possession!
If he does not tell her that the animal is hers immediately, then it is not hers and she can t sacrifice it. A person can never sacrifice something that is not his or hers.
אלא דאמר לה להוי גביך עד שעת ביאה ואי מיצטריך ליך קני מעכשיו
Rather [he said to her], Let it be with you until the time of intercourse; but should you require it then you acquire it immediately.
The language he uses is sort of ambiguous. He is clearly not giving her a gift, on the other hand he does say that if she needs to use it, it is hers.