Daniel, this is a very important diyuk.

1) The simple pshat is that Rashi writes that the shechiv mera is going to die, because of what the Gemara states a few lines later; that everyone agrees concerning a shechiv mera that he does not play tricks with hekdesh. Rashi is explaining that the reason we are not concerned he may be playing a trick on Hekdesh is because he is going to die soon anyway and therefor he will not play a trick where he does not stand to gain anything for himself.

2) However, there may be something a bit deeper behind this. This is because we have a rule (see Gitin 28a) that most sick people survive, but most "Gosesin" die. A goses is a very severe state. Now see the Mishnah Bava Basra 153a which discusses a shechiv mera. The Gemara there 153b cites the rule that most sick people survive, and this is clearly referring also to a shechiv mera. We learn that shechiv mera is a less severe case than a goses, and most shechiv mera survive.

3) The Gemara Bava Basra 147b states that Rava said in the name of Rav Nachman that the gift of a shechiv mera is a Rabbinical institution "shema titareif da'ato alav". If the shechiv mera thinks we are not carrying out his wishes his health might deteriorate and his condition might become fatal. However I suggest that this is not contradictory to what I wrote above, that most shechiv mera survive, because in matters of Pikuach Nefesh we are worried about less likely possibilities also.

4) The above applies for Pikuach Nefesh, but when it comes to the person in our sugya who we have reason to believe may be playing a trick on Hekdesh, different rules will apply. I suggest this is why Rashi writes that he is headed towards death. As far as I know Rashi never gives such a definition of a shechiv mera anywhere else in Shas. This is because to be sure he is not playing a trick on Hekdesh we must know that he is headed for death, even though we require a less severe degree of shechiv mera to enable him to give a gift without making a kinyan, because when we are concerned about Pikuach Nefesh we make a looser definiton of a shechiv mera than we do in our sugya.

I want to try, bs'd, to offer support from the words of the Rambam and Shulchan Aruch for what I wrote above.

5) The Rambam Hilchos Erchin 7:19 writes that if a sick person gave all his property to Hekdesh, and then said that he owes a Maneh to such and such, he is believed, because a person does not cheat Hekdesh when he is dying and sin to others; for he is headed towards death.

We observe that the Rambam seems to agree with Rashi, and uses the phrase "She'Harei Hu Holeich La'Mus"; "he is going to his death". Again, I argue that one will not find this phrase anywhere else in the Rambam, when he discusses the Halachos of Shechiv Mera.

6) Now, let us look at the definition of a shechiv mera, with regard to the Din that a shechiv mera does not require a kinyan; so that the shechiv mera should not become depressed if he thinks that his wishes are not being complied with, and as a result he might die. Shulchan Aruch Choshen Mishpat 250:5 writes that a shechiv mera is a sick person who cannot walk out of doors because of his weakness, but has to lie in bed.

We note that Shulchan Aruch does not mention anything about the shechiv mera being in the process of dying. However in 255:3, when discussing the sort of person who does not play a trick on Hekdesh, the Shulchan Aruch cites the words of the Rambam that "he is heading to his death". I suggest that the way to reconcile these 2 paragraphs in the Shulchan Aruch, is to assert that if a person is bedridden, this is sufficient grounds to make us careful not to upset such a person lest his condition might deteroriate, but it is not strong enough proof that he really is so ill that he is not suspect of playing a trick on Hekdesh.

7) It is important to note that the Shulchan Aruch, in Hilchos Shabbos Orach Chaim 328:17, writes that one may only transgress certain Rabbinical prohibitions for the needs of a sick person who is confined to bed but whose life is not in danger. This suggests that the definiton of a sick person who is not in danger, is someone who is bed-ridden; but no worse than that. It is very interesting that this seems to be the same description given to a Shechiv Mera in Choshen Mishpat 250:5, as we noted above. This seems to prove that the life of the standard Sheciv Mera mentioned in Shas, is not in danger at the moment, but merely we are apprehensive that if he feels that his wishes are not being complied with, his situation may deteriorate and he may become dangerously ill. For this reason it was very important for Rashi here to make it clear that the shechiv mera in our sugya, is more dangerously ill than the average shechiv mera in Shas.

8) There is a point which is not clear to me in the sugya. We have seen that the sort of shechiv mera who we do not suspect of tricking Hekdesh is one who is heading for death. However we saw in Gitin 28a that most sick people survive but most gosesin die. My question is:- what category does the shechiv mera of Rashi Erchin 23a fall into? Do we only not suspect him of tricking Hekdesh if there is over a 50% chance that he will die?

KOL TUV

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