1)

PERMANENT REDEMPTION OF KOHANIM AND LEVIYIM

(a)

Rejection (Rav Nachman bar Yitzchak): No, R. Yehudah and R. Shimon agree that Kinyan Peros is like Kinyan ha'Guf;

(b)

Answer #2 (Rav Nachman bar Yitzchak): They argue (when Yakov died after Hekdesh) because they expound a verse:

1.

It could have said "Sedeh Miknaso Asher Lo Achuzaso." Rather, it says "mi'Sedeh", to exclude a field that could have become his inheritance.

(c)

(Mishnah): Kohanim and Leviyim can be Makdish and redeem at any time...

(d)

Question: We understand the Chidush that they can redeem at any time. This is unlike Yisraelim, who cannot redeem after Yovel;

1.

However, why does it say that they can be Makdish at any time? The same applies to Yisraelim!

2.

Suggestion: Perhaps it teaches that they can be Makdish in Yovel itself.

3.

(Partial) rejection: This answers only for Shmuel, who says that Yisraelim cannot be Makdish in Yovel itself. It does not answer for Rav, who says that even Yisraelim can be Makdish in Yovel!

4.

Counter-question: Even according to Shmuel, how do we explain "before or after Yovel"?

5.

Answer: This is not a Chidush. It is merely for parallel structure with the Reisha, which discusses before and after Yovel;

(e)

Answer: Likewise, since the Reisha discusses being Makdish and redeeming, the Seifa does also.

PEREK HA'MAKDISH ES SADEHU
2)

HEKDESH WHEN THERE IS NO YOVEL

(a)

(Mishnah): If one was Makdish his field at a time when Yovel does not apply, we tell him to make the first bid (to redeem it), for only the original owner adds a Chomesh.

(b)

A case occurred in which a man was Makdish his field because it was very bad. They told him to make the first bid. He offered an Isar (eight Perutos, a pittance).

(c)

R. Yosi: No, he offered an egg, for Hekdesh can be redeemed for money or for Shaveh Kesef (anything with intrinsic worth).

(d)

The Gizbar told him "it is yours!" The man had to pay an Isar, and received his field back.

(e)

(Gemara): One who is Makdish his field...

(f)

Question: Do we merely tell him to make the first bid?!

1.

(Beraisa): We force him to make the first bid.

(g)

Answer #1: The Mishnah means that we force him to make the first bid.

(h)

Answer #2: First we tell him to make the first bid. If he does not, we force him.

(i)

(Mishnah):... For only the original owner adds a Chomesh.

(j)

Question: Even if he did not add a Chomesh, we would tell him to make the first bid. Since his field is dear to him, he will pay more for it!

1.

Also, it is a Mitzvah for the original owner to redeem his field!

(k)

Answer: Indeed, the Mishnah teaches additional reasons:

1.

He bids first because his field is dear to him, so he will pay more for it. Also, it is a Mitzvah for him to redeem his field. Also, only he adds a Chomesh.

(l)

(Mishnah): A case occurred in which a man was Makdish his field...

(m)

Suggestion: They argue about whether one may redeem with Shaveh Kesef;

1.

R. Yosi allows this, and Chachamim do not.

(n)

Objection: The Halachah is that Shaveh Kesef is like Kesef! (Below, we learn that the Halachah follows Chachamim.)

(o)

Retraction: Rather, all agree that Shaveh Kesef is like Kesef. They argue about whether the Chomesh must be worth (at least) a Perutah;

1.

Chachamim say that he redeemed for an Isar, and the Chomesh was (even more than) a Perutah;

2.

R. Yosi says that he redeemed for an egg, even though the Chomesh was less than a Perutah.

(p)

(Mishnah): The Gizbar told him "it is yours!" The man had to pay an Isar, and received his field back.

(q)

The Seifa is Stam (anonymous), like Chachamim. (This shows that the Halachah follows Chachamim.)

3)

DIFFERENT BIDS TO REDEEM HEKDESH

(a)

(Mishnah): If one person said "I will redeem this Hekdesh for 10 (Sela'im)," and others successively offered 20, 30, 40 and 50:

1.

If the last man retracted, we take a security from his property for 10 (the amount he offered to add to Hekdesh);

2.

If the others (except for the first) likewise retracted, we take a security from each for 10.

3.

If the first bidder retracted, we sell the Hekdesh for its value, and (if this is less than 10) take a security from his property for the difference (between this and 10).

(b)

If the Ba'al (original owner) offers 20 and others offer 20, the Ba'al redeems it, for he adds a Chomesh;

(c)

(If the Ba'al offers 20) and someone else offers 21 (or 22, 23, 24 or 25), the Ba'al redeems it for 26 (or 27, 28, 29 or 30);

27b----------------------------------------27b

(d)

(Since he adds a Chomesh of five, his total bid is greater.) He must pay principal as much as the highest bid, but) he adds Chomesh only on his own bid, but not to the Iluy (excess) of others' bids above his own.

(e)

If someone else offers 26 --

1.

If the Ba'al wants to redeem it for 31 Sela'im and a Dinar, he has precedence. If not, the other redeems it for 26.

(f)

Version #1 (Gemara - Rav Chisda): We take a security worth (only) 10 from the one who bid 50 only if the 40-bidder did not retract;

1.

If also he retracted, (so now Hekdesh will receive only 30), then they share equally the additional loss to Hekdesh (10, and the 50 bidder pays another 10).

(g)

Question (Mishnah): If the 40-bidder retracted, we take a security from him for 10.

1.

According to Rav Chisda, the 50 bidder should pay five of the 10!

(h)

Answer #1: (The Mishnah discusses different cases. The Mishnah teaches that the 40 bidder pays 10) in any case that there was no bidder of 50.

(i)

Questions: The Mishnah says that if the 30 (or 20) bidder retracted, he pays 10.

1.

According to Rav Chisda, the higher bidder(s) should share paying the 10!

(j)

Answer #1: In each of these cases, the Mishnah teaches the obligation of the highest bidder. (I.e. there was no higher bidder.)

(k)

Question (Seifa): If the bidder of 10 retracted, we sell the Hekdesh for its value, and take a security from the bidder of 10 for the difference.

1.

Suggestion: Here also, the case is that there was no higher bidder.

2.

Rejection: If so, it would have said "we take a security from him"! (Since it specifies "the bidder of 10," this shows that there were other bidders.)

(l)

Answer (and Answer #2 to Questions (g) and (i) - Rav Chisda): In the Mishnah, they retracted one after the other. (The highest bidder retracted first.) I teach about when they retract at the same time.

(m)

Support: A Beraisa teaches that if they retracted at the same time, they share the loss to Hekdesh;

1.

Contradiction (Mishnah): We take a security worth 10. (Everyone pays for the loss he caused!)

2.

Resolution: We answer like Rav Chisda. (In the Mishnah, they retracted one after the other.)

(n)

Version #2 (Mishnah): If the bidder of 10 retracted, we sell the Hekdesh for its value, and take a security from him for the difference.

(o)

Contradiction (Beraisa): The others share the loss to Hekdesh.

(p)

Resolution (Rav Chisda): In the Beraisa, they retracted at the same time. In the Mishnah, they retracted one after the other.

4)

THE BA'AL MUST MATCH THE ILUY

(a)

(Mishnah): If the Ba'al offers 20 (... and someone else offers 21, the Ba'al redeems it for 26).

(b)

Inference: The Ba'al redeems it because his total bid (with the Chomesh) is higher than the other's (even though the other's principal is higher than the Ba'al's).

(c)

Contradiction (Mishnah): If Reuven offers one Sela to redeem his own Ma'aser Sheni, and Shimon offers a Sela and an Isar, Shimon redeems it, because he offered a higher principal. (The Chomesh that Reuven would have had to add is more than Shimon's extra Isar of principal!)

(d)

Resolution: When the money is given to Hekdesh, precedence is given to the highest total bid including the (Ba'al's) Chomesh;

1.

One who redeems Ma'aser Sheni keeps the money himself (to buy food in Yerushalayim and eat it), so precedence is given to the highest principal.

(e)

(Mishnah): If someone else offers 25 (the Ba'al redeems it for 30).

(f)

Question: Why must the Ba'al redeem it? He can say 'someone else is willing to pay as much as me (with the Chomesh)'!

(g)

Answer #1: The case is, the Ba'al bid 20 (Sela'im) and a Dinar (a quarter-Sela).

1.

Question: If so, why didn't the Tana mention the Dinar?

2.

Answer: He was not so precise (he preferred to teach concisely).

3.

Rejection: In the Seifa he mentions a Dinar!

i.

(Seifa): If someone else offers 26, if the Ba'al wants to redeem it for 31 and a Dinar, he has precedence.

(h)

Answer #2 (Rava): The case is, the Ba'al bid 20 and a Perutah. (It is only one part in 192 of a Dinar. The Tana omitted it for brevity, but he would not omit a Dinar.)

(i)

(Mishnah): The Ba'al adds Chomesh only on his own bid, but not on others' Iluy.

(j)

(Rav Chisda): This is only if the property was not assessed by three people (to be worth what the higher bidder offered). If three assessed it, he adds Chomesh on the Iluy. (According to our text, the coming Beraisa is brought to support Rav Chisda. Tosfos - it is not brought to support him.)

(k)

(Beraisa - Beis Shamai): The Ba'al adds Chomesh (on his own bid and) on others' Iluy;

(l)

Beis Hillel says, he does not add Chomesh on others' Iluy.

(m)

Question: What is the case?

1.

If the property was not assessed, why does Beis Shamai say that he adds?

(n)

Answer: Rather, the property was assessed.

(o)

Question: Does Rav Chisda hold like Beis Shamai?!

(p)

Answer #1: Rather, the property was not assessed. Beis Shamai is simply stringent.

(q)

Answer #2: The property was assessed. We must switch the opinions, Beis Shamai exempts adding Chomesh on the Iluy, and Beis Hillel obligates.

(r)

Objection: If so, this should have been taught in Maseches Eduyos, with all the places where Beis Shamai is more lenient than Beis Hillel!

1.

Rather, we must rely on Answer #1.

5)

IF SOMEONE OUTBID THE BA'AL

(a)

(Mishnah): If someone else offers 26 (if the Ba'al wants to redeem it for 31 and a Dinar... )

(b)

He need not redeem it if he does not want to, for someone else will pay as much as (in this case, even more than) his total offer.

(c)

Question: Why does he add a Dinar (if he wants to redeem? He should pay only his bid (20) plus its Chomesh (five) plus the Iluy (six)!

(d)

Answer (Rav Sheshes): The Mishnah means that if the Ba'al originally offered an amount (i.e. 21) that will obligate him to give 31 and a Dinar (when we add on its Chomesh and the Iluy), he must do so. If not, he may let the other bidder take it.

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