1)

How is it possible to declare a person Cherem?

1.

Rashi: It refers to Avadim and Shefachos Cana'anim.

2)

What is this Pasuk coming to teach us?

1.

Rashi (citing Erchin, 6b): It teaches us that if Reuven, who has been sentenced to death at the hand of Beis-Din, is being taken out to be killed, 1 and Shimon declares 'Erko Alai!', his declaration is ineffective.

2.

Ramban #1 (citing Erchin, 6b) and Rashbam: It teaches us that (although there are cases where someone who is Chayav Misah bi'Yedei Shamayim can redeem himself by paying money - Arachain, 6b) 2 a person who has been sentenced to death by Beis-Din cannot be redeemed. 3

3.

Ramban #2: With reference to a declaration by the Jewish army that in the event that Hashem delivers the enemy into their hands, they will declare their cities Cherem, 4 this does not mean that all the contents, including the inhabitants, should be given to the Kohanim (or should be Hekdesh), 5 but that the entire town must be destroyed and everything in it is Asur b'Hana'ah. 6

4.

Ramban #3 (citing Raboseinu): It is La'av she'biChelalos, 7 incorporating all of the above (Refer to 27:29:2:1-3), in addition to placing the death-penalty upon someone who transgresses a Cherem imposed by the Beis-Din ha'Gadol or by the king. 8

5.

Targum Yonasan: The Pasuk is referring to someone who is Chayav Misah bi'Yedei Shamayim, and is coming to teach us that he cannot be redeemed with money - only with Olos and Shelamim combined with Tefilah.


1

Whom the Torah refers to as 'Cherem'. See Torah Temimah, note 176.

2

See Torah Temimah, note 175.

3

Erchin, 6b: And the Torah adds the worfd "Kol Cherem" to incorporate the less severe Misos - whose Shogeg is subject to Kaparah - See Torah Temimah, note 177.

4

Ramban: As we find in Bamidbar, 21:20.

5

Ramban: Because the Din of Cherem as regards Adam, only applies to Avadim who are his personal property, but not to people who are not. In fact, this was the mistake that Yiftach made, in thinking that the Neder that he made declaring the first one to come and greet him after his victory would be Hekdesh, pertained to his daughter as well (See Ramban DH 'v'Zeh' and 'v'Al Tihyeh'..

6

Ramban: Since that is obviously what they meant.

7

Ramban: Like the La'av of "Lo Sochlu al ha'Dam" (Kedoshim, 19:26), and that of "Lo Yumsu Avos al Banim" (Ki Seitzei Devarim, 24:16), as the Gemara explains in Sanhedrin, 27b.

8

Ramban: As we find in the case of Yonasan, son of Shaul, whose father initially sentenced him to death for contravening the Cherem that he had imposed upon the army - See Shmuel 1. 14:45.

3)

Why does the Torah write "min ha'Adam", and not 'ba'Adam'?

1.

Erchin, 6b: With reference to 27:29:2:1, it confines the Din to where the sinner has already been sentenced to death, but prior to that, he does have an Erech.

4)

What are the connotations of "Mos Yumas"?

1.

Rashi: It means that, because he is being taken out to be killed, he has no value and no Erech, and cannot therefore be redeemed. 1

2.

Ramban: Refer to 27:29:2:3.


1

For his value to be given to the Kohanim or to Bedek ha'Bayis.

QUESTIONS ON RASHI

5)

Rashi writes that if one is being taken out to be killed, and someone declares his Erech, his declaration is ineffective. Why is that? If we find a reason to acquit him, we return to judge him again!

1.

Riva (citing R. Tam of Orleans): That is why a Pasuk is needed to exempt him since we might have thought that he has an Erech, for perhaps he will be acquitted.

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