1)

What is the definition of "Cherem"?

1.

It is a specific form of Hekdesh that one designates on behalf of, either Bedek ha'Bayis or the Kohanim, 1 from anything that he owns - Avadim, animals or fields. 2


1

As Rashi will now proceed to explain.

2

See Pasuk 29.

2)

Why does the Torah insert the (otherwise superfluous) words "asher Yacharim Ish"?

1.

Yerushalmi Nedarim, 1:1: To incorporate Kinuyei Charamim 1 in the Din of Charamim.


1

Expresions of Cherem declared by people who are unable to pronounce 'Cherem' correctly - such as 'Cherech', 'Cheref ' and 'Cherech'. See Torah Temimah, note 164.

3)

Why does the Torah write here "Kol Cherem la'Hashem", and in Bamidbar 18:14 "Kol Cherem be'Yisrael l'cha Yih'yeh"?

1.

Rashi #1 (citing Erchin, 28b): Because, whereas the current Pasuk refers to S'tam Charamim, 1 the Pasuk in Korach is referring to Chermei Kohanim - where the owner specifically stated 'Harei Zeh Cherem le'Kohen'. 2

2.

Rashi #2 (citing Erchin, 28b): Because, whereas the Pasuk in Korach refers to S'tam Charamim 3 , the current Pasuk is referring to Chermei Gavohah - where the owner specifically stated 'Harei Zeh Cherem la'Gavohah'.

3.

Erchin, 29a: As long as the declared Cherem is in the domain of the owner, it belongs to Hashem and adopts the Din of Hekdesh, but the moment it enters the domain of the Kohen, it is his property and adopts the status of Chulin.


1

R. Yehudah in the Mishnah in Nedarim, 2:4 confines this to the Galil, where people do not know about Chermei Kohanim; but in Yehudah, S'tam Cherem go to the Kohanim.

2

This also appears to be the opinion of Targum Onkelos and Targum Yonasan (See Na'ar Yonasan in Bamidbar, 18:14).

3

R. Yehudah in Nedarim, 2:4 confines this to Yehudah; but in Galil, where people do not know about Chermei Kohanim, S'tam Cherem goes to Bedek ha'Bayis.

4)

What are the implications of "mi'Kol asher Lo"?

1.

Erchin, 28a: It is a prohi bition (Lechatchilah) 1 against declaring all his property Cherem. 2


1

See Torah Temimah, note 165.

2

See Torah Temimah, note 166.

5)

Who is "me'Adam" referring to?

1.

Gitin, 38b: It refers to Avadim and Shefachos Cana'anim. 1


1

Gitin, Ibid.: Whom, like "Beheimah" the owner is authorized to sell permanently - to preclude his sons and daughters, and his Avadim and Amos Ivriyim, whom he is not.

6)

What are the implications of "Lo Yimacher ve'Lo Yiga'el"?

1.

Rashi: According to those who say that 'Stam Charamim, le'Kohanim', it goes directly to the Kohanim; whereas according to those who maintain 'Stam Charamim le'Bedek ha'Bayis', it goes directly to Bedek ha'Bayis. 1


1

Refer to 27:28:2:1 & 27:28:2:2. Rashi - once they have been given to the Kohen or to the Gizbar of Hekdesh, respectively, the former can be sold, and the latter, redeemed.

7)

What are the implications of "Kol Cherem Kodesh Kodshim hu la'Hashem"?

1.

Rashi #1: This is the source of those who hold 'S'tam Kodshim le'Bedek ha'Bayis'.

2.

Rashi #2: Those who hold 'Stam Cherem le'Kohanim' learn from here that Chermei Kohanim take effect on Kodshei Kodshim and Kodshim Kalim. If it is a Neder ('Harei alai'), he pays its value; if it is a Nedavah ('Harei Zu'), he pays its Tovas Hana'ah (Erchin 28b) 1

3.

Rashi #3 (in Nedarim, 18b): That is why the Charamim are not subject to redemption.

4.

Yerushalmi Chala, 4:4: It teaches us that, like Kodshei Kodshim, Charamim go to the Kohanim of the Mishmar that is currently serving in the Beis-Hamikdash.


1

See Sifsei Chachamim

8)

What is the (otherwise superfluous) word "Kodesh Kodshim Hu ... " coming to preclude?

1.

Temurah, 5b: It precludes B'chor, from the Din of 'Kodesh Kodshim', rendering it permissible for the Kohen to sell. 1


1

As opposed to Ma'aser Sheini, which may be redeemed but not sold. See Torah Temimah, citing Temurah, Ibid. and note 171.

QUESTIONS ON RASHI

9)

Rashi writes that one opinion holds that S'tam Charamim are to Kohanim. How will he explain "Cherem la'Hashem"?

1.

Refer to 27:28:4:2.

2.

Moshav Zekenim (citing Zar Menachem): Initially Cherem goes to Hashem, and the Kohanim acquire from His Table.

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