Based on my limited understanding of the Gemara it seems that Reish Lakih holds that seperation of funds earmarked to the gizbar is as if they are given to Hekdesh. How can it be that just by sperating the money it is considered as given. Doesn't this conflict with Kinyan laws? Also does the concept of LaHashem Haaretz Umelohaha imply that the whole world is the treasury of Hash-m?
Yoni Miller, Bala Cynwyd, USA/ Yerushalyim, Israel
In general, Hekdesh does not operate with the regular halachos of Kinyanim, due to the principle of "Amiraso l'Gavoha k"Mesiraso l'Hedyot." This means that what one can effect only with an actual Kinyan between himself and another person can be effected by Dibur alone with regard to to Hekdesh. So, clearly, Hekdesh "owns" whatever one is Makdish.
The question involves not ownership, as by Kinyanim, but rather *possession*. Those are two separate concepts; I can own something even though it is not in my possession (for example, you are holding my object). The owner is responsible for the Hekdesh article until it is delivered to Hekdesh, even if it already belongs to Hekdesh. The verse of "La'Hashem ha'Aretz" establishes that everything is already in the *possession/domain* (Reshus) of Hekdesh, and not only in the ownership of Hekdesh.
D. Zupnik
Thank you for your response,
you said: "The verse of "La'Hashem ha'Aretz" establishes that everything is already in the *possession/domain* (Reshus) of Hekdesh, and not only in the ownership of Hekdesh."
This is my issue, i do not understand how the whole domain of Hakadosh Baruch Hu is likened to one giant gizbar, inturn making their be no distinction between my kitchen table and the actual Rabbinicly established treasury of the Beis HaMikdash. Through the logic of this opinion, it is neglecting the whole establishment of the actual gizbar. How could this be? or What am i missing?
The poor Gizbar is not neglected. He is entrusted with caretaking, buying, and selling for Hekdesh. However, your kitchen table is the Reshus of Hekdesh -- but *only for Hekdesh items*. In other words, the Reshus of Hekdesh is dependent on the status of the object and not its location.
D. Zupnik