1)

SIDUR (cont.)

(a)

(Gemara) Question: Why do we leave him all these things?

(b)

Answer: "V'Im Mach Hu me'Erkecha" - sustain him from (what otherwise should have been given to pay for) the Erech he owes.

(c)

(Mishnah): We leave for him, but not for his wife and children.

(d)

Question: What is the reason?

(e)

Answer: "Hu me'Erkecha" teaches that we sustain him from the Erech, but not his wife and children.

(f)

R. Eliezer says, we leave a farmer...

(g)

Chachamim argue. They say that we leave him only tools, but not animals (they are property).

(h)

(Mishnah): If he had extra of one kind...

(i)

Objection: This is obvious. Until now he managed without two of the other kind, so he can continue to manage without two!

(j)

Answer: One might have thought that until now he lent his extra tools to others, therefore others lent to him what he lacked;

1.

Now that he does not have extra tools to lend, he will not be able to borrow what he lacks (so we should allow him to buy what he lacks). The Mishnah teaches that this is not so.

(k)

(Mishnah): If one was Makdish his property, we evaluate his Tefilin, and he redeems them.

(l)

A certain man sold (all) his property. Rav Yemar told him to give his Tefilin. (He must buy them back.)

(m)

Question: What is the Chidush? Our Mishnah teaches that Tefilin are considered property!

(n)

Answer: One might have thought that since it is a Mitzvah to be Makdish, Tefilin are included with (Hekdesh of) his property, but one would not (readily) sell a Mitzvah that he performs on his own body, so Tefilin are excluded;

1.

Rav Yemar teaches that this is not so.

2)

APPRAISAL OF PROPERTY FOR HESEG YAD

(a)

(Mishnah): If Levi was Makdish (all) his property, or was Ma'arich himself, the Gizbar has no rights to take (for Hekdesh or collateral) the clothing of Levi's wife and children, nor clothes dyed for them or shoes bought for them.

(b)

Even though there are ways to sell things for more money, we evaluate Kodshim and Heseg Yad based on the value at the time and place:

1.

It is advantageous to buy (nice) clothing for slaves (of orphans) to be sold. If you put clothing worth 30 (Dinarim) on a slave, he will be sold for an extra 100. (However, we consider only what one would receive for the slave as he is dressed);

2.

A cow is sold for more on the market day. A pearl is sold for more in the big city.

(c)

(Gemara - Beraisa): "V'Nasan Es Erkecha ba'Yom ha'Hu" - we do not appraise a pearl for an Oni (regarding Heseg Yad) according to (what it could be sold for on) a later date.

(d)

"Kodesh la'Shem" teaches that Stam Hekdesh is (totally for Hash-m, i.e.) Bedek ha'Bayis.

PEREK EIN MAKDISHIM
3)

REDEMPTION AFTER YOVEL

(a)

(Mishnah): We are not Makdish (a Sedeh Achuzah) less than two years before Yovel;

(b)

We do not redeem less than one year after Yovel (this will be explained).

(c)

We do not calculate months regarding Hekdesh (a partial year remaining until Yovel is like a full year regarding redemption), but Hekdesh calculates months (to increase the redemption. This will be explained.)

(d)

(Gemara) Contradiction (Beraisa): We may be Makdish before or after Yovel;

1.

One may not be Makdish in Yovel itself. If he did, it is not Kodesh.

(e)

Answer (Rav and Shmuel): Geiru'a (a reduced redemption proportional to the number of years left until Yovel) does not apply less than two years before Yovel;

1.

Therefore, one should be frugal with his money and not be Makdish in this time, for then he will have to pay the full amount (50 Shekalim per Beis Kor) to redeem it.

4)

ONE WHO WAS MAKDISH IN YOVEL

(a)

(Rav): If one was Makdish his field in Yovel, it becomes Hekdesh. To redeem it he must pay 50 Shekalim (per Beis Kor);

(b)

(Shmuel): It does not become Hekdesh at all. (Rav and Shmuel argue similarly whether or not a sale in Yovel takes effect.)

(c)

Question (Rav Yosef): Granted, we understand Shmuel's opinion regarding a sale. He learns from a Kal va'Chomer;

1.

Something sold before Yovel returns to the original owner in Yovel. All the more so one cannot sell in Yovel!

2.

However, the Kal va'Chomer does not apply to Hekdesh!

i.

(Mishnah): If one was Makdish his field and did not redeem it before Yovel, Kohanim receive it, but they must give its value to Hekdesh. (The Kedushah does not lapse.)

(d)

Answer: Shmuel holds like R. Shimon, who says that Kohanim receive it and need not pay Hekdesh.

24b----------------------------------------24b

(e)

Rav (who said his law even according to R. Shimon) holds that since the land does not return to the original owner, rather to Kohanim. It is as if the Kedushah did not lapse. The Kohanim receive it from Hekdesh.

(f)

Question: What is Rav's reason?

(g)

Answer: "Im mi'Shenas ha'Yovel (he will be Makdish his field)" includes the Yovel year.

(h)

Shmuel disagrees, for it does not say "bi'Shenas ha'Yovel," rather, "mi'Shenas ha'Yovel", i.e. the year after Yovel.

(i)

Question: According to Rav, we understand why it says "Im mi'Shenas ha'Yovel" and "v'Im Achar ha'Yovel." (They discuss being Makdish in Yovel and after Yovel, respectively);

1.

According to Shmuel, both of them discuss after Yovel!

(j)

Answer: Shmuel says that "v'Im Achar ha'Yovel" discusses two or more years after Yovel. (The Torah teaches about it separately, for then Gir'u'a applies.)

(k)

Question (Beraisa): One may be Makdish before or after Yovel;

1.

One may not be Makdish in Yovel itself. If he did, it is not Kodesh.

(l)

Answer #1 (Rav): It is not Kodesh to be redeemed (immediately) b'Gir'u'a, but it is Kodesh to be redeemed for 50 Shekalim.

(m)

Objection: This implies that if one was Makdish before Yovel. It is Kodesh to be redeemed b'Gir'u'a;

1.

Rav and Shmuel both taught that Gir'u'a does not apply less than two years before Yovel!

(n)

Answer #2 (Rav): The Beraisa is like Chachamim. My law is according to Rebbi. (Chametz is forbidden "mi'Yom ha'Rishon v'Ad Yom ha'Shevi'i");

1.

Rebbi says, Yom Rishon and Yom ha'Shevi'i are included (from the connotation of "Ad").

2.

Here also, "mi'Shenas ha'Yovel" includes the Yovel year (according to Rebbi).

(o)

Question: If it is like Rebbi, why is the redemption a Sela and a Pundyon (one 48th of a Sela) per year (until Yovel)? Since one can be Makdish in Yovel, for 50 years, it should be only one Sela per year!

1.

Suggestion: Perhaps Rebbi indeed says that it is only one Sela per year!

2.

Rejection (Beraisa - Rebbi): If one was Makdish a Sedeh Achuzah two or three years before Yovel, he gives a Sela and a Pundyon per year to redeem it.

(p)

Answer: Rebbi holds like R. Yehudah, who says that year 50 (Yovel) also counts as year one of the next Yovel cycle. (Therefore, each cycle is 49 years.)

(q)

Suggestion: We must say that according to Shmuel, Rebbi holds like Chachamim (who say that each Yovel cycle is 50 years). If not, the longest Hekdesh would be 48 years, and the redemption for each year would be a Sela and two Pundyonim!

(r)

Affirmation: Indeed, this is correct.

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