How can a Shomer swear that a Shevua She’Aino Birshusi if Choshud A’Mamona is Chashud A’Shevuasa?
- There were no Aidim that he has it so he is not really a Choshud.
- He is Megalgel this Shevua upon other Shevuos that he is taking.
- The Shevua is only a technicality, and we really don’t suspect him, because most people aren’t thieves.
- He can't! A Shomer needing to swear this Shevua indeed tells us that a Choshud A’Mamona is not Chashud A’Shevuasa.
- We would hear the animal braying if it was really in his Reshus.
When is there a question of what to do when one of them grabs the Talis in front of Bais Din?
- Always.
- When the other person screams out.
- When the other person is silent.
- When the other person first screams out and is then silent.
- When the other person is first silent and then screams out.
What does Ish Ki Yakdish Es Baiso Kodesh teach us?
- That Hekdesh only takes effect on something in his Reshus, like his house.
- That Hekdesh takes effect on property, and not just on movable items.
- That a person has first rights to redeem something he was Makdish; (Baiso — it in a sense remains his house.)
- Machlokes between answers A and B.
- Answers A and B are both given in the Gemara.
What did the Rabanan do when they heard that one of the parties was Makdish the bathhouse?
- They held that the Hekdesh, and continued using the bathhouse as usual.
- They stopped using that bathhouse.
- They only used it to go to the Mikveh, prepare for Shabbos, and other holy things, and didn’t use it for regular bathing.
- They continued using it for regular bathing, because Hillel taught that it is a Mitzva to take care of the King’s image; this too is a holy thing.
- They made the people go to Bais Din.
Does Safek Bechor’s being Assur BeGiza and Be’Avoda tell us that being Makdish something of doubtful ownership without grabbing it takes effect?
- Yes. We see that Safek Kedusha creates Kedusha.
- Yes. We see Hekdesh is unrelated to physical ownership.
- No. A Bechor’s Kedusha comes on its own, and is no proof to a Kedusha that must be created by a person.
- It depends on whether the Issur of Giza and Avoda is De’Oraisa or Derababanan.
- The question remains unresolved.