According to R' Akiva that says that the remainder of Chalah is Mechuyav in Chalah and Ma'aseros because: Lefi she'Lo Nitnu Ma'os Ele l'Tzorech Lahen - that it turns out that the additional money was never given for this, is the a case of Bereirah and would this indicate that R' Akiva would hold Ein Bereirah even at a Torah level (assuming that Chalah and Ma'aseros have to be separated mi'd'Oraisa - or Ein Bereirah mid'Rabanan if he means that it is separated only mi'd'Rabanan).
Naftoli Willner, Baltimore, MD USA
Shalom Naftoli,
Thank you for your excellent question, which touches on the fundamental understanding of Bereirah.
You are assuming that when extra wheat was purchased and the money used was Hekdesh, or at least once purchased the wheat itself became Hekdesh, then when it is later determined that only one Se'ah out of the three is used for the Korban ha'Omer, we would need to invoke Bereirah.
I would like to challenge this assumption. Bereirah is only necessary when, at the initial point in time, there is a need to determine which specific portion will serve as the Omer. However, as long as there is no need to define at that stage which part of the wheat will be used, this is not a case of Bereirah.
One can say from the outset that only the wheat that will ultimately be used for the Korban ha'Omer is sanctified. This functions as a Tenai. There is no requirement for the identity of the wheat to be clarified now. Rather, there is a stipulation that when the time comes and a decision is made, only that portion will become Hekdesh.
Bereirah, in contrast, applies in a case where something must be determined now, but will only become clear later. For example, if one needs to separate Terumos or Ma'aseros now, but only tomorrow will it become clear which part of the wine will remain and thus be designated as Terumah or Ma'aser, one is relying on Bereirah. In that case, we need to know now which portion is Terumah, and Bereirah allows us to retroactively define it based on what will happen later.
However, if there is no need to define the portion at the time of designation, then this is not Bereirah, but a Tenai.
In short, Bereirah applies only when something must be defined now, but will only be clarified later, and one seeks to use that future clarification to determine the present status.
I hope this helps.
Kol Tuv,
Aharon Steiner