029a – המקדיש שדהו – פרק שמיני – ערכין, דף כט ע”א

צורת הדף באתר היברובוקס

Priestly herem (property) has no redemption, and herem is given to a priest.^[1]

As long as they are in the owner's house, they are in every respect like hekdesh.

הרי הן כהקדש - There is sacrilege (me'ilah) in them.

As it is said, "Every herem in Israel is most holy to Hashem" (Vayikra 27:28); he gives it to a priest, and in every respect it is like chullin, as it is said (Bemidbar 18:14): "Every herem in Israel shall be yours."

הרי הן כחולין - They are like chullin, like the ordinary property of a priest.

Rabbi Yehuda ben Beteira says: an undesignated herem goes to the Temple upkeep^[2]. Granted, the Rabbis explain their reasoning correctly, and so does the reasoning of R. Yehuda ben Beteira.

בשלמא רבנן - Granted for the Rabbis: the Mishnah explains their reasoning, and R. Yehuda's verse is as it is taught. Then why does it say "every herem" ...?

But according to R. Yehuda ben Beteira, what does he do with "like a field of herem" (Vayikra 27:21)? What does he need it for?

As it was taught: "Like a field of herem, it shall be the priest's holding" (Vayikra 27:21). What does the verse need to teach?

From where do we know that a priest who dedicated a field of his herem^[3] should not say: "Since it goes out to the priests, and it is in my hand, let it be mine"? If an outsider's property can be acquired by me, surely my own property can be acquired, a fortiori.

שהקדיש שדה חרמו - A field he dedicated as herem: a field that an Israelite put under herem and that came to a priest, so that he should not say: "Since at the Jubilee it will be divided among the priests if I do not redeem it, and it is in my hand, let it be mine." If the Israelite dedicated his family field, at the Jubilee it would be divided among the priests; a fortiori his own field is his.

The verse says: "Like a field of herem, it shall be the priest's holding."

תלמוד לומר כשדה החרם כו' - This verse speaks of a man who dedicates a family field.

And what do we learn from the field of herem?

מה למדנו משדה החרם על שדה אחוזה כו' - What the field of herem teaches about a family field: a family field that an Israelite dedicated and a priest redeemed goes out of his hand at the Jubilee and is divided among all the priestly watches, as explained earlier: his holding is his, and this one is not his; so too the field of herem.

This verse comes to teach. We find it teaches by analogy: a field of herem is compared to an ordinary family field of Israel. Just as the family field of Israel goes out of his hand and is divided among the priests, so the field of herem goes out of his hand and is divided among his priestly brothers.

The other derivations, from "herem of herem," he does not learn.

And R. Yehuda ben Beteira, who applies the herem law to the most holy and to the lesser holy offerings, from where does he know it? He holds like R. Yishmael.

סבר לה כרבי ישמעאל - He holds like R. Yishmael, who derives from the Mishnah "sanctify" and "do not sanctify."

Rav said: the halachah is like R. Yehuda ben Beteira, and Rav left the Rabbis^[4] and acted like R. Yehuda ben Beteira.

הלכה כר' יהודה בן בתירא - That an undesignated herem goes to the Temple upkeep.

The baraita is taught in reverse^[5]: he left the Mishnah and acted according to the baraita.

ברייתא איפכא תניא - The baraita is taught in reverse: the Rabbis say to the Temple upkeep, and R. Yehuda says to the priests.

Rav also taught the Mishnah in reverse.

What did you see that made you reverse the Mishnah^[6] in front of the baraita? Reverse the baraita in front of the Mishnah!

Rav learned it this way from his teacher^[7].

רב גמריה גמיר - His teacher's teacher taught him; the Mishnah is corrupted.

If so, it should have said "like R. Yehuda ben Beteira," rather than "like the Rabbis."

He is saying: since you reversed and taught them, the halachah is like R. Yehuda ben Beteira.

A certain man had put his property under herem in Pumbedita^[8]. He came before Rav Yehuda, who said to him: take four zuz, dedicate them, throw them into the river, and the rest will be permitted to you.

ושדינהו לד' זוזי בנהרא - That they are dedicated to Temple upkeep. If they went to a priest, there would be no redemption, and he would have to return them to the priest.

This shows that he holds an undesignated herem goes to the Temple upkeep. In accordance with whom? With Shmuel, who says: a dedication worth a maneh that is desecrated^[9] for the value of a peruta is valid.

Perhaps Shmuel said this only for desecrating it ab initio?

Did he say this only while the Temple stands, when there is a loss to the fund? But in our time, even ab initio^[10] [it is forbidden].

בזמן הזה - That there is no Temple and no loss to the fund, only a prohibition hovering over them, even ab initio.

If so, even for a peruta it is a publicizing of the matter.

Ulla^[11] said: if I had been there, I would have given them all to the priests. So Ulla holds that an undesignated herem goes to the priests.

An objection: a Hebrew slave^[12] applies only when the Jubilee^[13] applies, as it says: "until the year of the Jubilee he shall serve with you" (Vayikra 25:40).

אין עבד עברי נוהג - That he is not sold in our time.

And a field of herem applies only when the Jubilee applies, as it says: "and it shall go out in the Jubilee and return to its holding" (Vayikra 25).

ואין שדה אחוזה - That the law of a family field is that it is redeemed at a lower price: the buyer may return it at whatever price he wishes, and if not, the owner cannot compel him. So too the law of one who dedicates a family field while the Temple stands and the Jubilee is not in effect: since the tribes of Reuben and Gad were exiled, the Jubilees ceased, and it may be redeemed only at its worth.

Houses in walled cities apply only when the Jubilee applies, as it says: "it shall not go out in the Jubilee" (Vayikra 25).^[14]

אין בתי ערי חומה נוהגין - That the buyer is not compelled, if the seller comes to redeem it, even within the year.

R. Shimon ben Yochai says: a field of herem applies only when the Jubilee applies, as it says: "When it goes out in the Jubilee it shall be holy to God like a field of herem" (Vayikra 27:21).

R. Shimon ben Elazar says: a ger toshav^[15] applies only when the Jubilee applies.

אין גר תושב נוהג - That Israel is commanded to keep him alive: a ger toshav who accepted upon himself not to worship idols, and who eats carcasses.

Rav Bibi said: what is the reason? "Good" is written here: "because it is good for him with you" (Devarim 15:16), and it is written there: "in whatever is good for him, do not oppress him" (Devarim 23:17).^[16]

כתיב - In the case of a Hebrew slave: "because it is good for him with you." About the ger toshav it is written: "he shall dwell with you" (Devarim 23:16-17). "You shall not deliver a slave to his master" speaks of a ger toshav, as we establish it in Gittin (45). Afterwards it is written: "he shall dwell among you." In either case there is a difficulty for both, since the baraita teaches that a field of herem applies only when the Jubilee applies.

No difficulty: this one speaks of land^[17], that one speaks of movables.

מקרקעי - These do not apply, as it is written: "when it goes out in the Jubilee, like a field of herem."

And the case of Pumbedita was also land: land outside the Land^[18] is like movables in the Land of Israel.

R. Yishmael says: "one verse says, 'You shall sanctify' (tekadesh)"^[19] and another verse says, "no one shall sanctify" (lo yekadesh).

מתני' כתוב אחד אומר תקדיש - Concerning the firstborn, as it is written: "All the firstborn ... you shall sanctify" (Devarim 15:19).

וכתוב אחד אומר לא יקדיש - But the firstborn of cattle, "no one shall sanctify it" (Vayikra 27:26).

It cannot be "sanctify," since it was already said: "no one shall sanctify."

It cannot be "no one shall sanctify," since "sanctify" was already said.

How then? You may dedicate it as a dedication for raising it^[20] in money, but you may not dedicate it as a dedication of the altar.

הקדש עילוי - To raise it in money and give its benefit to the priest.

And you may not dedicate it as a dedication of the altar.

ואי אתה מקדישו הקדש מזבח - That the status of another sacrifice applies to it.

And the Rabbis^[21]: "you shall not sanctify" (Vayikra 27:26) is needed as a prohibition^[22].

גמ' ורבנן - They derive it from the derashah mentioned above (28b): "of every herem, most holy" (Vayikra 27:28).

אל תקדיש מיבעי ליה ללאו - That if he sets it aside for another sacrifice, he transgresses a prohibition.

"You shall sanctify" is needed for the teaching: as it was taught, from where do we know that a firstborn that is born in the flock is a mitzvah to sanctify^[23]? As it says: "You shall sanctify the male firstborn" (Devarim 15:19).

שמצוה להקדישו - For the sake of the firstborn, even though it is holy by itself.

And R. Yishmael^[24]: if he does not sanctify it, is it not holy from the womb?

ורבי ישמעאל - He says to you: if he does not sanctify it, is it not holy? Said rhetorically.

And since, if he does not sanctify it, it is holy, there is no need to sanctify it.

לא צריך לאקדושיה - And R. Yishmael does not have that derashah.

Tosafot

שקול ד' זוזי ואחיל עלייהו ושדינהו בנהרא ולישתרי לך - And if you say: did it not say in the first chapter of Avodah Zarah (13) that one may not dedicate, put under herem, or appraise in our time? And if one dedicated, put under herem, or appraised an animal, its produce would rot and its vessels would rot. Here the Gemara speaks in our time, as it concludes here, so why does it not say "they rot"? One must say that it speaks only of movables, which rot, and do not come to a problem if one waits until they rot; but here it speaks of land, for if he waits, a problem arises. So too below, the Pumbedita case was land.

הקדש עלוי - That is, to raise it in money, giving its benefit to the priest.

Notes

1. 1. A herem is property irrevocably dedicated to God (Vayikra 27:28) that cannot be redeemed for money; the question here is to whom it belongs.
2. 2. Bedek ha-bayit: the fund for Temple repairs and upkeep. R. Yehuda ben Beteira holds that an undesignated herem goes to it, not to the priests.
3. 3. A field of herem: a field irrevocably dedicated by a man. By Vayikra 27:21 it becomes the priest's holding, and it goes out in the Jubilee and is divided among the priests.
4. 4. Rav rules like R. Yehuda ben Beteira, against the Rabbis' view in the baraita just cited.
5. 5. The baraita is reversed: it assigns R. Yehuda ben Beteira's view to the Rabbis, and the reverse.
6. 6. The Mishnah (compiled by Rabbi Yehuda HaNasi) is the main authority. A baraita is a tanna's teaching not included in it, so the Mishnah generally takes precedence.
7. 7. Rav learned this version from his teacher. According to Rashi, the Mishnah's text is corrupted.
8. 8. Pumbedita: a town in Babylonia with a major academy.
9. 9. Chilul (desecration): redeeming a dedicated object by paying its value. According to Shmuel, a dedication worth a maneh may be redeemed for the value of a peruta.
10. 10. In our time, after the destruction of the Temple: there is no loss to its fund, only a prohibition remains.
11. 11. Ulla: an Amora who went up from Babylonia to Eretz Yisrael.
12. 12. A Hebrew slave is one sold for debt. By Vayikra 25:39-40 he serves until the Jubilee year and then goes free.
13. 13. The Jubilee (Yovel) is the fiftieth year, when land returns to its owners (Vayikra 25:10). These laws depend on the Jubilee being in effect.
14. 14. A house in a walled city may be redeemed only within a year (Vayikra 25:29-30).
15. 15. A ger toshav is a non-Jew who accepted the seven Noahide laws; Vayikra 25:35 commands supporting him.
16. 16. Devarim 15:16 speaks of the Hebrew slave who wishes to stay; Devarim 23:17 is quoted as 'in whatever is good for him'. The Gemara links them through the word 'good'.
17. 17. Land (karka) versus movables (metaltelin). The laws of a herem field and of a dedication differ accordingly.
18. 18. Land outside Eretz Yisrael is not subject to the Jubilee laws, so in Eretz Yisrael it is treated like movables.
19. 19. Devarim 15:19 commands sanctifying the firstborn; Vayikra 27:26 says that no one may sanctify it.
20. 20. Hekdesh aluy: a dedication for raising the object in money, with its benefit going to the priest.
21. 21. The Rabbis derive this from 'of every herem, most holy' (Vayikra 27:28), as discussed above (28b).
22. 22. A lav is a negative commandment. Sanctifying a firstborn for another sacrifice violates 'do not sanctify'.
23. 23. A firstborn animal is holy from birth (Bemidbar 18:17); Devarim 15:19 commands sanctifying it.
24. 24. R. Yishmael: it is holy from the womb, so sanctifying it is not needed. The words are rhetorical.