1)

COLLECTING FROM WIFE AND CHILDREN IN HEKDESH AND ERECHIN (Yerushalmi Perek 9 Halachah 5 Daf 39b)

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(a)

Question (R. Shmuel bar Ba, to R. Yochanan): A Mishnah teaches that the same applies to one who was Makdish his property, or he was Ma'arich himself (pledged to give to Hekdesh an amount based on his age and gender. The Gizbar) has no rights to collect from clothing [that he bought for] his wife and children. (The seller did not intend for the wife and children to acquire. The clothing should belong to the Makdish, and the Gizbar should collect from it!)

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(b)

Answer (R. Yochanan): Did [the Makdish] intend for the clothing of his wife and children?! (Surely he did not! We explained this like RIDVAZ.)

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(c)

Question: [This is a proper answer for Makdish. However,] the Mishnah taught also Erchin, and once he said 'my Erech is Alai', he intended only to obligate himself 50 Sela'im [and if he does not pay, the Gizbar can collect from his property, even though he did not intend for this. Likewise, the Gizbar should be able to collect from clothing for his wife and children!]

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(d)

Answer: It is as if he [explicitly] said 'my Erech is Alai, on condition that it not be collected from [clothing] that is on my wife and children. (We explained this like GILYONEI HA'SHAS.)

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(e)

(R. Nasa citing R. Bun bar Chiyah): If one said 'my Erech is Alai, on condition that it not be collected from a particular item', we do not collect from that item.

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(f)

Inference (R. Hoshayah citing Shmuel bar Aba): This teaches that mid'Oraisa, we do not estimate for Erchin Metaltelim [to collect from them], only mid'Rabanan.