QUESTION: The Beraisa derives from the verse, "And he shall give the valuation on that day" (Vayikra 27:23), that when a poor person pledges to give his Erech to Hekdesh, how much he must pay (b'Heseg Yad) to Hekdesh is determined based on his financial worth "on that day." RASHI (DH she'Lo) explains that when a poor person pledges to give his value to Hekdesh and all he has is a jewel, he is required to pay the jewel's value only according to its appraisal on that day and in that place. The Gizbar (treasurer of Hekdesh) may not make him go to a large city where the appraisal of the jewel will be significantly greater, sell it there, and give more money to Hekdesh. The poor person himself, however, may sell the jewel in the other place for more money, give to Hekdesh the amount the jewel was appraised for at the original time and place, and keep the extra money for himself.

Rashi's words are difficult to understand in light of the Mishnah earlier (17b) that states explicitly that if a man was poor and then became wealthy before he paid to Hekdesh the Erech that he had pledged, he is regarded as a wealthy man and must pay according to his present wealth. Accordingly, in Rashi's case as well, the poor person has become wealthy by selling the jewel for much more money, and therefore he should be required to pay to Hekdesh the value of the jewel's higher appraisal.

ANSWER: When Rashi says that the poor person may sell the jewel and then pay Hekdesh the value of its original (lower) appraisal, he means that the poor person should fulfill his pledge and pay the value of the jewel to Hekdesh first, and then afterwards he may sell the jewel for its higher value, when he no longer has any obligation to Hekdesh. (CHAFETZ CHAIM in ZEVACH TODAH)

OPINIONS: The Mishnah states that "we do not count months for Hekdesh, but Hekdesh counts months." What do these words mean?

(a) RASHI (25a, DH she'Ein) explains that this statement means that months are always determined in favor of Hekdesh. The first part of the statement, that "we do not count months for Hekdesh," refers to a case in which a person consecrated a Sedeh Achuzah to Hekdesh a number of years and months before the Yovel year (as opposed to an exact number of years, with no extra months). According to Torah law, one who wants to redeem such a field must pay one Sela and one Pundyon per year left until Yovel. The Mishnah teaches that when there are, for example, five years and six months left until Yovel, that time is not counted as only five years, and the six months that have passed already out of this year are attributed to the six year that has passed already. Rather, the field is considered as though it has six years left until Yovel, and thus the one who redeems the field must pay six Sela and six Pundyon.

The second part of the Mishnah's statement, that "Hekdesh counts months," refers to a case in which a person wants to redeem a field of Hekdesh when there is less than two years until the next Yovel year. If the amount of time until Yovel is counted as two years, then the owner may redeem the field at the lower rate of one Sela and one Pundyon per year that remains until Yovel. However, if the amount of time left is counted as only one and a half years, then the owner must redeem the field for a full fifty Sela per Beis Kor (see Rashi, end of DH Rav u'Shmuel, who writes that this is derived from a verse; see following Insight). In such a case, Hekdesh benefits when one is not allowed to redeem the field at the lower rate. Therefore, the field is considered to have less than two years remaining until Yovel. This is also the explanation of RABEINU GERSHOM.

(b) The RAMBAM (in Perush ha'Mishnayos, and in Hilchos Erchin 4:8) agrees that the Halachah favors Hekdesh. However, it is up to the Gizbar (treasurer) to decide when something is in the favor of Hekdesh and when it is not. For example, in the second case above, the field is considered to have less than two years left until Yovel, and thus it may not be redeemed at the lower rate. This is because, economically, it is better for Hekdesh if the field is redeemed at the higher rate. However, the Rambam explains that if the Gizbar decides to consider the field to have two years left until Yovel (for example, there is a pressing need to have it redeemed, and thus the Gizbar wants to offer it at the lower rate of redemption), then he may declare that the field is considered to have two years left until Yovel. The Rambam (in Perush ha'Mishnayos) specifically gives this case as an example of the Halachah stated in the Mishnah. (See YAD BINYAMIN who discusses whether this applies to the first case mentioned above.)

(c) The SHITAH MEKUBETZES (Hashmatos to 25a, #2) quotes in the name of the TOSFOS HA'ROSH the same explanation as the Rambam gives, with one important difference. It is not up to the Gizbar to determine the status of the months. Rather, it is up to the person who consecrated the field as Hekdesh to determine the months as he chooses. (Y. MONTROSE)

QUESTION: The Gemara quotes Rav and Shmuel who state that when one wants to redeem his Sedeh Achuzah from Hekdesh when there is less than two years until Yovel, he may not use the formula of Gira'on Kesef (paying at a rate of one Sela and one Pundyon per remaining year until Yovel). RASHI (24a, DH Rav u'Shmuel) explains that they derive this from the verse of Gira'on Kesef, "Al Pi ha'Shanim ha'Nosaros" -- "based on the remaining years" (Vayikra 27:18), which implies that only when "years" remain does this method apply, and "years" means at least two full years. Although they agree that a person may redeem the field by paying a full fifty Sela per Beis Kor, this is an extremely costly method to redeem the field. They understand that this is why the Mishnah says that a person cannot be Makdish his field when there is less than two years left until Yovel; even though he technically is permitted do so, the Mishnah is warning that this field of Hekdesh is not the same as the Hekdesh of an ordinary Sedeh Achuzah, which may be redeemed at the lower rate of Gira'on Kesef.

TOSFOS (24b, DH Rav u'Shmuel) asks that this seems to be a concern that can apply to other years of Yovel as well. Why does the Mishnah not also state that a person cannot be Makdish his field during the first year after Yovel? During the first year of Yovel, the owner must also pay a full fifty Sela per Beis Kor in order to redeem his field!

(a) TOSFOS answers that the Mishnah's intent is to teach a Halachah that people might not have known. Since people know that the usual method of redeeming a Sedeh Achuzah is Gira'on Kesef, it is obvious to them that one who is Makdish his field in the first year of Yovel and wants to redeem it must pay a full fifty Sela (since that is the same as one Sela and one Pundyon per year that remains until the next Yovel). The ruling of Rav and Shmuel, in contrast, is an exception to this law. The average person would want to be Makdish his field when there are only two years left, because he thinks that he may redeem it for only a Sela and a Pundyon. This is why the Mishnah specifically alerts people not to be Makdish their fields during this time.

(b) Alternatively, Tosfos explains that even if one is Makdish his field during the first year of Yovel, he still may reclaim it when there are three years left to Yovel for the low rate of only three Sela and three Pundyon (and a lot of patience). However, one who is Makdish his field when there are less than two years left has only the option of paying a full fifty Sela, or his field permanently goes to the Kohanim upon the arrival of Yovel. This is why the Mishnah issues its warning solely regarding the last two years of Yovel, and not the first year.

The CHIDUSHEI HA'GRIZ points out an interesting Halachah based on the wording of Tosfos. Tosfos says that the person may reclaim his field when there are three years left until Yovel. According to the reasoning mentioned above that a Sedeh Achuzah is redeemable only through Gira'on Kesef when there are "years" (implying two years) left, why does Tosfos specifically mention three years in his example? The Chidushei ha'Griz answers that it must be that it is impossible to redeem a Sedeh Achuzah during its second year. On the first day of the second year, the field is already considered to have only one year left, as the Mishnah states that Hekdesh always has the upper hand with regard to whether months belong to that year or do not count at all (according to all explanations besides that of the Rosh; see previous Insight). Similarly, if there is one day left before the second year, Hekdesh may consider it as if there are three years left, in order that Hekdesh receive three Sela'im instead of two. Tosfos therefore writes that a person may redeem the field for three Sela, as this, practically, is the amount he must pay. The Chidushei ha'Griz states that the only case in which it is possible to pay only two Sela'im is when one redeems the field in advance on condition that the redemption should occur exactly two years before Yovel. (Y. MONTROSE)