TO WHOM CHEREM IS GIVEN (cont).
(Gemara - Beraisa): Chermei Kohanim cannot be redeemed. They are given to Kohanim;
As long as the object of Cherem is with the one who was Makdish it, it is like Hekdesh in every respect - "Kol Cherem Kodesh Kodashim Hu la'Shem";
Once it is given to a Kohen, it is like Chulin in every respect - "Kol Cherem b'Yisrael Lecha Yihyeh."
(Mishnah - R. Yehudah ben Beseira): Stam Cherem becomes Bedek ha'Bayis...
Question: We understand Chachamim. They learn from one verse, and explain how they expound R. Yehudah's verse;
However, how does R. Yehudah expound "k'Sedeh ha'Cherem la'Kohen Tihyeh Achuzaso"?
Answer (Beraisa) Question: What do we learn from "k'Sedeh ha'Cherem la'Kohen Tihyeh Achuzaso"?
Answer: This overrides the following Kal va'Chomer:
Suggestion: If a Kohen was Makdish a Sedeh Cherem (he received it because the original owner made it Cherem), perhaps he can say "I acquire things I had no rights to, such as a field made Hekdesh by a Yisrael. (If he does not redeem it, Kohanim receive it in Yovel.) All the more so, (in Yovel) I should keep this field, which I already have!"
Rejection: It says "ki'Sedeh ha'Cherem la'Kohen Tihyeh Achuzaso."
Question: The verse says that Achuzah is like Cherem, but we do not learn Achuzah from Cherem!
Answer: Rather, We learn Cherem (of a Kohen) from Achuzah (of a Yisrael). Just like if a Yisrael was Makdish his Achuzah, it is divided among Kohanim in Yovel, the same applies if a Kohen was Makdish his Sedeh Cherem.
Question: What is Chachamim's source for this law?
Answer: They learn from the extra letter "Heh" in "ha'Cherem";
R. Yehudah does not expound the "Heh."
Question: What is R. Yehudah's source that Cherem takes effect on Kodshim?
Answer: He learns like R. Yishmael (in the following Mishnah).
(Rav): The Halachah follows R. Yehudah.
Question: Why does Rav rule like R. Yehudah against Chachamim?!
Answer: A Beraisa switches the opinions. (The Halachah follows Chachamim of the Beraisa, who hold like R. Yehudah in our Mishnah.)
Question: Rav should rely on our Mishnah (and say that the Halachah follows Chachamim of our Mishnah), rather than on a Beraisa!
Answer: Rav corrects the text of our Mishnah to read like the Beraisa.
Question: Rather, he should correct the text of the Beraisa to read like our Mishnah!
Answer: Rav had a tradition (from his Rebbi) to switch the opinions.
Question: If so, he should say simply that the Halachah follows (the true opinion of) Chachamim!
Answer: Rav ruled according to the (mistaken) version that most people knew.
A man in Pumbedisa was Macharim his property;
Rav Yehudah: Take four Zuz, redeem the property onto them and throw them in the river, then the property is permitted.
Inference: He holds that Stam Cherem is to Bedek ha'Bayis.
Suggestion: This is like Shmuel:
(Shmuel): If Hekdesh of any value was redeemed onto a Perutah, the Hekdesh becomes Chulin.
Objection: Shmuel's law is b'Di'eved. One may not do so l'Chatchilah!
Answer: That is only when the Mikdash stands, for then there is a loss to Hekdesh;
Nowadays, without a Mikdash (in any case we get rid of the redemption money, lest someone transgress Me'ilah), this is l'Chatchilah.
Question: If so, a Perutah suffices. Why did Rav Yehudah tell him to redeem onto four Zuz?
Answer: This was to publicize the redemption. (People knew about the Hekdesh.)
(Ula): Had I been there, I would have given the property to Kohanim.
Inference: Ula holds that Stam Cherem is given to Kohanim.
Question (against Rav Yehudah and Ula - Beraisa): The following apply only when there is Yovel:
(Rashi - becoming an) Eved Ivri. We learn from "Ad Shenas ha'Yovel Ya'avod Imach";
(The right to buy back a sold) Sedeh Achuzah. We learn from "v'Yatza ba'Yovel v'Shav la'Achuzaso";
(The right to redeem) Bayis Ir Chomah (a house in a walled city that he sold). We learn from "Lo Yetze ba'Yovel";
R. Shimon says, Sedeh Cherem applies only when there is Yovel. We learn from "v'Hayah ha'Sadeh b'Tzeiso va'Yovel k'Sedeh ha'Cherem."
R. Shimon ben Elazar says, the law of (supporting) a Ger Toshav applies only when there is Yovel.
(Rav Bivi): He learns from a Gezeirah Shavah "Tov-Tov." It says (regarding Ger Toshav) "(Imcha Yeshev b'Kirbecha)... ba'Tov Lo," like it says regarding Eved Ivri "Ki Tov Lo Imach."
Answer: Cherem applies to land only when there is Yovel. It applies to Metaltelim at all times.
Question: The case in Pumbedisa involved land!
Answer: Land of Chutz la'Aretz is like Metaltelim of Eretz Yisrael (since Yovel does not apply to it).
HEKDESH OF A BECHOR
(Mishnah - R. Yishmael) Contradiction: One verse says "Takdish" (a Bechor), and another verse says "Lo Yakdish"!
Resolution: You may be Makdish it with Hekdesh Iluy (to give Tovas Hana'ah to a Kohen). You may not (try to) be Makdish it with Hekdesh Mizbe'ach (to make it a different Korban).
(Gemara): Chachamim say that "Lo Yakdish" is a Lav (do not try to make it a different Korban). They expound Takdish as follows;
(Beraisa) Question: What is the source that when a Bechor is born, it is a Mitzvah to be Makdish it (with Kedushas Bechor)?
Answer: It says "ha'Zachar Takdish."
R. Yishmael says, since it becomes Kodesh automatically, it is unreasonable to say that there is a Mitzvah to be Makdish it.
ONE MAY NOT REDEEM WITHIN TWO YEARS
(Mishnah): If one sold his field at a time when Yovel applies, he may not redeem it before two years. We learn from "b'Mispar Shenei Tevu'os Yimkar Lach";
Shemitah, or a year in which crops (everywhere) were blasted of stricken with mildew does not count towards the two years. (They must be years of harvests.)
If he Narah (plowed the field but did not plant anything), or Hovirah (left it fallow), this counts towards the two years.
R. Eliezer says, if a field was sold before Rosh Hashanah laden with produce, the buyer eats three harvests in two years.
(Gemara): The Mishnah does not say 'he does not (have the right to) redeem (within two years)', rather, 'he may not redeem.' He may not even show the money to the buyer (showing that he wants to redeem);
The seller transgresses an Aseh (if he redeems early) - "b'Mispar Shenei Tevu'os Yimkar Lach." Further, also the buyer transgresses an Aseh - "Shanim... Tikneh."
SELLING A FIELD IN YOVEL
(Rav): If one sold his field in Yovel, it is sold, and it returns to the seller;
(Shmuel): It is not sold at all.
Question: What is Shmuel's reason?
Answer: He learns from a Kal va'Chomer:
A field sold before Yovel returns to the original owner in Yovel. All the more so a field cannot be sold!
Question: Surely, Rav also learns from such a Kal va'Chomer!
(Beraisa) Suggestion: Perhaps a man can sell his daughter (to be a slave) when she is a Na'arah!
Rejection: A Kal va'Chomer refutes this! A girl who was sold goes free when she becomes a Na'arah. All the more so a Na'arah cannot be sold! (Surely, Rav agrees with this law!)
Answer: There is different, for a girl can never be sold after Na'arus, but a field that returns in Yovel can be sold again.
Question (against Rav - Beraisa): 'Achar ha'Yovel Shanim Tikneh' (the Beraisa transposes the verse slightly) teaches that one may sell shortly after Yovel;
Question: What is the source to permit selling many years after Yovel?
Answer: It says "l'Fi Rov ha'Shanim... ul'Fi Me'at ha'Shanim."
In the Yovel year itself, one may not sell. If he sold, it is not sold.
Answer (Rav): It means that in Yovel itself, one may not sell. If he sold, it is not sold for years of harvests, but it is sold and returns to the seller.
Question: If it is sold, the buyer should keep it for two years of harvests after Yovel!
(Beraisa): If one bought a field and had only one harvest year before Yovel, he keeps it for another harvest year after Yovel.
Answer: There is different. Since he already acquired the land for its produce before Yovel, he gets the completion of the two years after Yovel;
Here, he never acquired the land for its produce.
(Mishnah): If one sold his (Kena'ani) slave to a Nochri or to (a Yisrael in) Chutz la'Aretz, the slave goes free.
Question (Rav Anan): I heard Shmuel say that in one case (this Mishnah, or a field sold in Yovel) the buyer gets back his money, and in the other, he does not. I do not know which was which! (Even if Shmuel agrees with Rav that the seller keeps the money, he (argues with him and) says that it is not sold regarding trees or produce that the buyer detached, Metaltelim acquired Agav (with) the land (Rashi), or forcing the buyer to pay (if he acquired it without paying - R. Akiva Eiger).)
Answer (Rav Yosef - Beraisa): If one sold his slave to Chutz la'Aretz, the slave goes free, and he needs a Get Shichrur (document of freedom) from his second owner.
Since the buyer is called the (second) owner (and he writes the Get), this shows that he does not get his money back;
Inference: Shmuel holds that if one buys a field in Yovel, it is not sold, and he gets his money back.