Hi
A Shor of a a Yisrael Gadol gores an Eved that belongs to Hekdesh.
Does the principle brought down in Gitin 39a that Eved k'Karka v'Tashlumin la'Adon v'ha'Adon Hu Hekdesh v'Lo Re'echa apply here?
or do we say that the Eved is a person and the Nezek will go to the Eved and then to Hekdesh?
Thanks you so much for all your help
Eli Gross
Hi Eli,
I must say this is a very interesting question, and iv'e been looking for a strong recourse to base my answer. I also talked to some Talmidei Chachomim who also found this question interesting.
We know that an Ox belonging to a Yisrael, who gored an ox belonging to Hekdesh, the owner is Potur. We also have another Posuk that an Adam who was Mazik Hekdesh is also Potur. Although there is no specific Posuk for someone who is Mazik a person who 'belongs' to Hekdesh. On the one hand, how can we say he is Chayav? Why should this case be different?
On the other hand, it does make sense, that the payment of Nezek, has a different status than all other payments of Nezikin.
Again, meanwhile I couldn't find a source or a good Raaya, but I would say that he is Potur.
If I have anything better, I will bl"n let you know,
Kol Tuv,
Aharon Steiner