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KIDUSHIN 55

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SUMMARY

If an animal is found between Yerushalayim and Migadal E'ider or the same distance in any other direction, if it is a male we assume that it is an Olah (or a Shelamim) and if it is a female we assume that it is a Shelamim. (1)
 

 
Once a person is Mo’el in Hekdesh it becomes Chulin and the Din of Me’ilah no longer applies.
 
An animal that was Nikdash for a Korban and Kli Shares are an exception and even after a person is Mo’el it remains Hekdesh and the Din of Me’ilah continues to apply. (2)
 
R. Yehudah holds that the Din of Me’ilah only applies to someone who is Mo’el b’Shogeg
 
R. Me'ir holds that the Din of Me’ilah only applies to someone who is Mo’el b’Meizid and it applies both for Kodshei Kodshim and Kodshei Kalim.
 
We do not ask a person to sin so that a merit will be accrued. (3)
 

 
If a male animal in its first year is found between Yerushalayim and Migdal E'ider we wait until it develops a Mum and we bring an animal for an Olah, an animal for a Shelamim and an animal and bread for a Todah. (4)
 
An animal in its second year must be used for an Asham Gezeilos, Asham Me’ilos and an Asham Shifchah Charufah.
 
If a Korban Pesach is not brought at the right time (the afternoon of the 14th of Nisan) it has the status of a Shelamim
 
A Safek Bechor or Ma’aser Behe’imah may be eaten by the owner outside of Yerushalayim after it develops a Mum. (5)
 

 
If a female animal in its second year is found between Yerushalayim and Migdal E'ider we wait until it develops a Mum and we bring an animal for a Shelamim and an animal and bread for a Todah.
 
If a female animal in its first year is found between Yerushalayim and Migdal E'ider we lock it up until starves to death. (6)
 
One may not buy an animal with money of Ma’aser Sheni [outside of Yerushalayim]. (7)

A BIT MORE

1. Most animals in Yerushalayim are Korbanos and if we find an animal right outside Yerushalayim we assume that it came from Yerushalayim and that it is a Korban.
 
2. If one person rides on the animal followed by another person, or if one person drinks from a gold cup that is a Kli Shares followed by another person they are both Mo’el
 
3. We don’t have a person redeem a Korban without a Mum so that in order to be Metaken its Hakravah because it is a sin to redeem a Korban before it has a Mum.
 
4. We than say that if this animal is an Olah it should be redeemed on the Olah and the Shelamim and Todah shall be a Nedavah and if the animal is a Shelamim it shall be redeemed on the Shelamim and the Olah and Todah shall be a Nedavah and if the animal is a Todah it shall be redeemed on the Todah and the Shelamim and the Olah shall be a Nedavah.
 
5. A Bechor and Ma’aser may not be redeemed, but it may be eaten without redemption once it develops a Mum, however it may not be sold in a commercial manner by weight.
 
6. Becauese the animal may be a Chatas and a Chatas that may not be borought on the Mizbe'ach is put away until it dies,
 
7. Because Ma’aser Shenmi may not be redeemed on stamped Kesef and also because of the concern that the animal will be weakened from the trip to Yerushalayim

BRIEF INSIGHT

MO’EL IN HEKDESH
 
Once a person is Mo’el in Hekdesh it becomes Chulin and the Din of Me’ilah no longer applies to the Hekdesh. Tosfos says that this is only the case if the person who was Mo’el intended to steal the item of Hekdesh, or to be Motzi it from one Reshus to another, however if his intention was only to use it he is only Mo’el in accordance with the value of the benefit. Consequently if he benefited the value of a Perutah and the item was worth ten Perutos, only one Perutah worth of the item becomes Chulin and nine Perutos worth remain Hekdesh. If another nine people come along and each one benefits one Perutah worth from the item it becomes completely Chulin.

QUICK HALACHAH

MO’EL AFTER MO’EL
 
If someone is Mo’el in Kodshei Bedek ha’Bayis b’Shogeg it becomes Chulin and anyone who benefits after him is Patur. If he benefits from the Hekdesh b’Meizizd since he is not Chayav a Korban Meilah it remains Hekdesh and the person who benefits after him b’Shogeg is Mo’el. This is only true however if the person who benefited from the Hekdesh was Makneh it to another person, but if he simple benefited from it and devalued it, but wasn’t Makneh it to another person if another person benefits from it he is also Mo’el. (Rambam Hilchos Me’ilah 6:3)

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