027a – אין מקדישין – פרק שביעי – ערכין, דף כז ע”א

And here too a verse was found and expounded: why did the Merciful One write "if from the field of his acquisition, which is not a field of his holding"^[1]? Or alternatively, "which is not a field of holding."

והכא קרא אחרינא אשכח ודרוש - Here too another verse was found and expounded: that if he dedicated it and afterwards his father died, it becomes a holding. Otherwise, if the verse taught only the case where his father died and afterwards he dedicated it, the Torah would have written "which is not his holding." It also includes R. Meir's teaching, who expounds "it went out" to mean that it is already a holding.

משדה למה לי - It means what we said: to teach the case where he dedicated it and afterwards his father died.

What is "a field of his holding"? A field that is not fit to become an ancestral field.

"It went out" – this one, which is fit to become an ancestral field.

יצתה זו - that at the time of the dedication it was fit to become an ancestral field.

"The priests and the Levites may dedicate at all times, etc."

Granted, redemption needed to be taught, to exclude Israelites, who redeem only until the Jubilee; the teaching tells us that priests and Levites redeem at all times. But why specifically priests and Levites, when dedication applies also to Israelites?

אפי' ישראל נמי - "They dedicate before the Jubilee, etc." (It was taught at the start of this chapter, 24a. And if one would say the Mishnah teaches that one may not dedicate less than two years before the Jubilee, we established there that this is good advice; so the teaching tells us that Israelites too may dedicate.)

And if you say that it refers to the Jubilee year itself: this works according to Shmuel, who said that in the Jubilee year itself the field is not sanctified; so the teaching tells us that priests and Levites dedicate at all times.

הניחא לשמואל - Granted, according to Shmuel, who said that for an Israelite it is not sanctified; the teaching is needed for the case of a priest, where it is sanctified.

But according to Rav, why specifically priests and Levites? Even Israelites as well.

אלא לרב - But according to Rav this cannot be said; from where would we derive it from verses?

And by your reasoning, why does the Mishnah need to say "whether before the Jubilee or after the Jubilee"?

Rather, because the first clause taught "before the Jubilee and after the Jubilee," the second clause also taught "after the Jubilee or before the Jubilee."

איידי דתנא רישא - the second clause taught about Israelites in the case of the Levites.

And because the first clause taught "they do not dedicate and do not redeem," the second clause also taught "they dedicate and redeem."

Tractate Arakhin, Chapter Eight.

One who dedicates his field when the Jubilee is not in effect^[2], [the treasurer] says to him, "Open first," since the owners pay a fifth^[3], and no one else pays a fifth.

מתני' המיקדיש שדהו בשעה שאין היובל - [Mishnah:] One who dedicates his field at a time when the Jubilee is not in effect.

פתח אתה ראשון - "How much do you want to redeem it for?" Because of the benefit to the dedicated property, we ask him first.

שהבעלים נותנין חומש - And that is why it takes the case when the Jubilee is not in effect: when it is in effect, one need not ask him at what price he will redeem, since its price is fixed, a field of a beit kor of seed for fifty sela; and it deals with an ancestral field. When the Jubilee is not in effect, it is redeemed by its worth, as taught at the end of this chapter; an ancestral field applies only when the Jubilee is in effect.

A man dedicated his field because of its badness. They said to him, "Open first." He said, "This is mine for an issar^[4]."

מפני רעתה - because its expenses exceeded its profit.

R. Yose said: He did not say "for an issar" but "for a bitzah^[5]," since a dedication is redeemed with money, and with what is equal to money.

לא אמר זה באיסר - But he said "for a bitzah," since a dedication is redeemed with money and with what is equal to money.

The treasurer said to him: "I have reached you; you are found to lose an issar, and his field remains before him."

אמר לו - the treasurer.

הגעתיך - that is, it is yours.

"One who dedicates his field at a time [when the Jubilee is not in effect^[6]], etc."

They say: But a baraita taught, "they compel,"^[7] what do they say? They too say "they compel."

גמ' והתניא כופין - [The Gemara asks:] But a baraita teaches that they compel the owner to open first.

And if you wish, say: initially they say, "If he wishes, he may; if not, they compel."

"The owners pay a fifth, etc."^[8]

Why specifically "the owners pay a fifth"? Let it be derived otherwise: because the field is dearer to him, he redeems it; and also, the mitzvah of redemption belongs to the owner^[9], one reason.

דמצות גאולה באדון - in the first chapter of Bechorot (13a).

טפי ופריק לה - He redeems more than any other person.

And it says further: one reason is that the field is dearer to him and he redeems it; and also, the mitzvah of redemption belongs to the owner.

מצות גאולה באדון - "And if he will not redeem it and it is sold at your valuation" (Leviticus 27:19): so the mitzvah of redemption takes precedence over sale.

And also, "the owners pay a fifth, etc."

"A man who dedicated his field, etc."

Shall we say they disagree about this: R. Yose holds that a sum equal to money is like money^[10], and the Rabbis hold that a sum equal to money is not like money?

But it is an accepted ruling that a sum equal to money is like money, according to all.

והא קי"ל שוה כסף ככסף - As is said in Bava Kamma (7a): "he shall pay" includes what is equal to money, even bran.

Rather, they disagree here about redeeming with something whose fifth is not worth a peruta^[11]:

The first Tanna holds that an issar, whose fifth is worth a peruta, may be redeemed; and R. Yose holds that even a bitzah may be redeemed.

The treasurer said: "I have reached you; you are found to lose an issar, and his field remains before him."

The anonymous [Mishnah] follows the Sages^[12].

הך סתמא - that it teaches "he loses an issar" and does not teach "he loses a bitzah"; it is the view of the Sages, not of R. Yose.

[Mishnah:] If one says, "It is mine for ten sela," and another says "for twenty," and another "for thirty," and another "for forty," and another "for fifty,"

if the fifty-bidder backs out, [the treasurer] takes a pledge from his assets^[13] up to ten; if the forty-bidder backs out, [the same] up to ten; if the thirty-bidder backs out, [the same] up to ten; if the twenty-bidder backs out, [the same] up to ten;

מתני' ממשכנין מנכסיו עשר סלעים - [Mishnah:] they take a pledge from his assets, ten sela. It is found that the treasurer has twenty in hand; and likewise, if the thirty-bidder pays thirty, there are fifty.

if the ten-bidder backs out, [the field] is sold at its worth^[14], and the ten are paid from it, and the remainder is the owner's.

The owner says twenty, and everyone says twenty; the owner has priority, because they add a fifth.

Another says, "It is mine for twenty-one."

אמר אחד הרי היא שלי בכ"א - after the owner had said twenty.

Tosafot

מתני' המקדיש שדהו בשעה שאין היובל נוהג - Explanation: "at a time when the Jubilee is not in effect" means that then it is redeemed at its worth, and there is a profit for the dedicated property, so the owner is asked first, because of the fifth. When the Jubilee is in effect, it is redeemed by its seed-measure, for fifty sela, and the Mishnah deals with an ancestral field, at a time of the Temple, when there is a profit for the dedicated property. Otherwise, if not in the Temple era, he may desanctify it, even at the outset, for a peruta, because there is no profit for the dedicated property and it goes to waste, as taught below at the end of this chapter (Arakhin 29a): the case of one whose property others had encroached upon came before Rav Yehuda, who said to him, "Take four zuz; I will transfer it to them and throw it into the river, and it will be permitted to you." And if you ask how it can be found when the Jubilee is not in effect in the Temple era: we answer, in the time that Israel was exiled, since all its inhabitants must be upon it.

אמר ר' יוסי כו' - This is puzzling: how did this incident happen in the days of R. Yose, who was not in the Temple era? Then he would not need to ask the owner first. We answer that he disagrees with the tradition that it happened in the Temple era; or that even outside the Temple era, redemption by the owner comes first, as it is written: "if he will not redeem it and it is sold" (Leviticus 27:27 as cited).

מאי אומרין כופין - The question: why is compulsion needed here more than in all those cases taught at the end of the first chapter of Bechorot (13a), where the mitzvah of redemption precedes the breaking of the neck, the mitzvah of testimony precedes redemption, the mitzvah of levirate precedes chalitzah, and the mitzvah of redemption belongs to the owner before everyone, all derived from verses there, and we find no compulsion except here? We answer: here it is different, since it may lead to a problem if the public benefit from it.

רבי יוסי סבר בכביצה נמי פרקינן - In the chapter Ha-Zahav (Bava Metzia 53b) there is a dispute: one opinion says "in it and in its fifth," and another says "in it" even though [the amount is] not in its fifth; and it appears that "like an egg" means a peruta's worth.

Notes

1. 1. Ancestral field: a family landholding inherited from the forefathers. At the Jubilee it returns to the family's heirs, so it cannot be sold permanently.
2. 2. Jubilee: the fiftieth year, when ancestral lands return to their original owners. When the Jubilee is not in effect, the field is redeemed at its market value.
3. 3. Fifth: an added fifth of the value that the owner pays when he redeems the dedicated property (Leviticus 27:13, 27:19, 27:31).
4. 4. Issar: a small coin of very low value.
5. 5. Bitzah (egg): a sum equal to a peruta, the smallest coin, far less than an issar.
6. 6. The Gemara briefly cites the opening Mishnah of the chapter: one who dedicates a field when the Jubilee is not in effect is told to redeem first.
7. 7. The court compels the owner to redeem first, according to the baraita.
8. 8. The owners pay a fifth, so they have priority; no one else pays a fifth.
9. 9. The mitzvah of redemption belongs to the owner: his right to redeem his land takes precedence over others.
10. 10. Equal to money: property whose value is like money is treated as money for the purpose of restitution, e.g., bran.
11. 11. A peruta: the smallest unit of money; the sum mentioned is at least a peruta in value.
12. 12. An anonymous (stam) Mishnah follows the Sages, not R. Yose.
13. 13. The treasurer takes a pledge from the dedicator's property until he has ten sela in hand.
14. 14. The field is sold for its worth; the ten sela are paid from the proceeds, and the remainder goes to the owner.