How is it possible to declare a person Cherem?
Rashi: It refers to Avadim and Shefachos Cana'anim.
What is this Pasuk coming to teach us?
Rashi (citing Erchin, 6b) and R. Bachye #1: It teaches us that if Reuven, who has been sentenced to death at the hand of Beis-Din, is being taken out to be killed, 1 and Shimon declares 'Erko Alai!', his declaration is ineffective.
Ramban #1 (citing Erchin, 6b) and Rashbam: It teaches us that (although there are cases where someone who is Chayav Misah bi'Yedei Shamayim can redeem himself by paying money - Erchin, 6b) 2 a person who has been sentenced to death by Beis-Din cannot be redeemed.
Ramban #2 and R. Bachye #2: With reference to a declaration by the (king or the Shofet of the) Jewish army that, in the event that Hashem delivers the enemy into their hands, they will declare the people in them Cherem, 3 it teachus us that they obviously do not mean that all the inhabitants should be given to the Kohanim , 4 but that they are Asur be?Hana?ah - and consequently they must be killed.
Ramban #3 (citing Raboseinu) and R. Bachye: It is La'av she'bi?Chelalos, 5 incorporating all of the above - Refer to 27:29:2:1-3 - in addition to placing the death-penalty upon someone who transgresses a Cherem imposed by the Beis-Din ha'Gadol or by the king. 6
Targum Yonasan: The Pasuk is referring to someone who is Chayav Misah bi'Yedei Shamayim, and is coming to teach us that he cannot be redeemed with money - only with Olos and Shelamim combined with Tefilah.
Yerushalmi Chalah 4:4: It teaches us that Charamim, ike Kodshei Kodshim, go to the Kohanim of the current Mishmar. 7
Whom the Torah refers to as 'Cherem'. See Torah Temimah, note 176.
See Torah Temimah, note 175.
Ramban: As we find in Bamidbar, 21:20.
Ramban and R. Bachye: Because the Din of Cherem as regards Adam, only applies to Avadim who are his personal property, but not to people who are not. In fact, this was the mistake that Yiftach made, in thinking that the Neder that he made declaring the first one to come and greet him after his victory would be Hekdesh, pertained to his daughter as well. See Ramban DH 've'Zeh' and 've'Al Tihyeh'. See also R. Bachye citing Bereisis Rabah, who elaborates.
Ramban: Like the La'av of "Lo Sochlu al ha'Dam" (Vayikra, 19:26), and that of "Lo Yumsu Avos al Banim" (Devarim, 24:16), as the Gemara explains in Sanhedrin, 27b.
Ramban: As we find in the case of Yonasan, son of Shaul, whose father initially sentenced him to death for contravening the Cherem that he had imposed upon the army - See Shmuel 1. 14:45, and in the case of the men of Yavesh Gil?ad in Shoftim 21:10.
See Torah Temimah note 178.
"Kol Cherem Kodesh Kodshim hu la'Hashem". What is ?Kol? coming to include?
Erchin, 6b: To incorporate the less severe Miysos - whose Shogeg is subject to Kaparah 1
See Torah Temimah, note 177.
Why does the Torah need to teach us that a murderer cannot be redeemed?
Refer to 27:29:1:2.
Why does the Torah write "min ha'Adam", and not 'ba'Adam'?
Erchin, 6b: With reference to 27:29:2:1, it confines the Din to where the sinner has already been sentenced to death, but prior to that, he does have an Erech.
What are the connotations of "Mos Yumas"?
Rashi: It means that, because he is being taken out to be killed, he has no value and no Erech, and cannot therefore be redeemed. 1
Ramban: Refer to 27:29:2:3.
For his value to be given to the Kohanim or to Bedek ha'Bayis.
QUESTIONS ON RASHI
Rashi writes that if one is being taken out to be killed, and someone declares his Erech, his declaration is ineffective. Why is that? If we find a reason to acquit him, we return to judge him again!
Riva (citing R. Tam of Orleans): That is why a Pasuk is needed to exempt him since we might have thought that he has an Erech, for perhaps he will be acquitted.
