REVACH L'DAF
brought to you by Kollel Iyun Hadaf of Yerushalayim
daf@dafyomi.co.il http://www.dafyomi.co.il
& Revach l'Neshamah - http://www.revach.net
|
|
SUMMARY
If someone harvests grain prior to the Omer and replants it and it didn't take root before the Omer it is a Safek if he may pick out the seeds from the ground and eat them.. (1)
The Dinei Ona'ah do not apply to servants Shtaros, Karka and Hekdesh, however the Din of Bitul Mekach applies on a sale of Karka if one of them is cheated by more than a sixth.
It is a Machlokes if the Din of Bitul Mekach applies to Hekdesh. (2)
Shmuel says if someone redeems Hekdesh of a Manah on to a Perutah it is a valid redemption.
If someone redeems a Korban Ba'al Mum on a less valuable animal it is a valid redemption and he must give Hekdesh the difference between the value of the Korban and the value of the animal of Chulin.
R. Yochanan says he is Chayav d'Rabanan to give Hekdesh the difference between the value of the Korban and the value of the animal of Chulin and Reish Lakish says he obligated d'Oraisa.
According to the first opinion the Machlokes between R. Yochanan and Reish Lakish is if the difference between the value of the Korban and the value of the animal of Chulin is more than the amount of Ona'ah. (3)
According to the second opinion the Machlokes between R. Yochanan and Reish Lakish is if the difference between the value of the Korban and the value of the animal of Chulin is the amount of Ona'ah and Reish Lakish holds like
R. Chisda that with respect to Hekdesh even less than the amount of Ona'ah must be returned.
The Dinim of Ribis and Ona'ah do not apply to Hekdesh.
If the treasurer of Hekdesh lends money of Hekdesh the money becomes Chulin and he must bring a Korban Me'ilah.
If someone commits himself to provide Hekdesh four Se'ah of flour per Sela and the price went up to three Se'ah per Sela he must provide four Se'ah per Sela. (4)
If he commits himself to provide Hekdesh three Se'ah of flour per Sela and the price went down to four Se'ah per Sela he must provide four Se'ah per Sela.
Stones of Chulin are used when building a structure of Hekdesh and after the structure is completed they are Makdish the stones. (5)
If someone steals servants, Hekdesh Karka, Shtaros he doesn't pay Kefel or four or five.
A Shomer Chinam who is guarding servants, Hekdesh, Karka, or Shtaros doesn't swear and a Ganav doesn't pay Kefel or four or five.
A Shomer Sachar who is guarding servants, Hekdesh, Karka, or Shtaros doesn't pay if they are stolen.
A BIT MORE
1. Although when the wheat grows it is definitely forbidden until the Minchas Omer is brought the following year however if it didn't grow it is a Safek if the seeds that he planted are considered as if they are in a flowerpot and are permitted or if they are Batel to the ground and are forbidden.
2. The Machlokes is if the Halachah is like Shmuel who says that a Hekdesh of a Manah may be redeemed on a Perutah or alternatively the Machlokes is whether the Halachah is like Shmuel l'Chatchilah or only b'Di'eved.
3. According to this opinion R. Yonah who holds that according to R. Yochanan the Din of Bitul Mekach applies to Hekdesh will have to switch around the opinions of R. Yochanan and Reish Lakish and R. Yochanan holds that he only has to give the difference to Hekdesh mid'Rabanan.
4. Although it is forbidden for a Hedyot to accept money and commit himself to a price before the market price was fixed however with regards to Hekdesh it is permitted because the Dinim of Ribis does not apply to Hekdesh.
5. They are not Makdish the stones before they build the structure because of the concern that the builders will inadvertently benefit from the stones of Hekdesh by sitting on them or some other benefit and they will be Chayav a Korban Me'ilah. Consequently the treasurer buys the stones on credit and only pays for them after the building is completed.
|
BRIEF INSIGHT
STONES OF CHULIN
Stones of Chulin are used when building a structure of Hekdesh and after the structure is completed they are Makdish the stones. The treasurer buys the stones on credit and only pays for them after the building is completed. The Rashba asks why is it permitted for the treasurer to pay for them after the building is completed. Hekdesh may not be redeemed on Karka! The Rashba answers since the structure is in the Mikdash and if the money is not redeemed on them the structure will have to be torn down it is regarded as if the stones are detached from the ground.
QUICK HALACHAH
INADVERTENT ME'ILAH
When a structure is built in the Mikdash the wood and stones are not bought from money of Hekdesh and the structure is not built with the Da'as that it is Hekdesh and instead the structure is completely built from Chulin. The reason is a Gezeirah because of the possibility that the workers will benefit from the shade of the structure, or they will lean on the stones or the beams while they are working. After the building is completed they redeem money of Hekdesh on the structure. If the treasurers of Hekdesh need wood for that day only they buy it from money of Hekdesh; since they are not holding on to the wood for very long we are not concerned that maybe someone will lean on the wood and will have to bring a Korban Me'ilah. (Rambam Hilchos Me'ilah 8:4)
|
Next Daf
Index to Revach for Maseches Bava Metzia
|
